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Home My WebLink Aboutcoa.lu.sm.Maroon Creek Pedbridge.A03702 r"'5 CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY / o A037 -02 2735-142-00851 Maroon Creek Pedestrian Bridge Stream Margin Exemption James Lindt Stream Margin Exemption City of Aspen Parks Department Tom Newland 5/14/02 Approved 5/17102 J. Lindt n tl , (\. 0 fir <.0 .. . ' d dec( SICJq-Vt ( rff Q-kY,w t- I v 5 +TI you:5 ~/- :co '31.\8 6 1(\ V\ e-d. ~"\ 0. [] o^,,~ "0, e ~d ::J Lc'lA.cn 0(,,( '0 , * .. ' c; @ tl\.Sr 1/ ~i q 2i 1;<'=> V\ /<<" c "3:d. i /l I ~'I{t Ha~ 14 02 OS:53a NPR inc MAY-14-2002 TUE 08:36 A~. S?OS2?BI4B r"l FAX NO, MEMORANDUM TO: Joyce Ohlson, Community Development Deputy Director James Lindt, Planner l51-- fROM: RE: Maroon Creek Pl....eslrilln Bridge Slr~m Margin Review Exemption PATR: May 14,2002 SIIMM4RV: The City of Aspen Parks Depal'Lmenl, OWner, h.1S applied for an exemption from tl,e Stream Margin Review to construct a pedestrian bridge over Maroon Creek trom tbc Iselin Park Recreation Complex parcel 10 Common Lot Q of lhe Maroon Creek Club SubdivisionIPUD. The pedestrian bridge is proposed to span aboul 606 feet and be 16 feet wide. The locatioll of the proposed bridge was approved ill both the Iselin Park PUD and the Maroon Creek Club PUD. An easement to land the bridge on Common Lot Q was dedicated to Pitldn County and subsequently transferred to the City of Aspen when the Maroon Creek Club Subdivision was a.nncxed into the City. The City ,)f Aspen has entered into a Construction Licensc with the Maroon Creek Club MasICrs Association as is required by the Maroon Creek Club Subdivision Improvements Al!'eemellL TI,e proposed pedestrian bridge is intended to provide a year round trail connection between the base of Tiehack Ski Area and the Iselin Park Facility lIS is envisioned in the 2000 Aspen Area Comm,n,ily Plan's Opcn Space and Trails Map. Pursuant to Land Use Code Section 26.435.040(B)(I), Slream Margill Exemptions, tile Community Development Direclor may exempt construetioll of pedestrian bridges if it is found thatlhe proposal docs not block drainoge elullUlels during peak now~ and lhat the Stream Margin Review Standards arc adhered to tho extent practical. ApPLICAN'n City of Aspen Parks Department. Represcnted by Tom Newland, Newland Projcct Resources. Inc. LOCATION: Iselin Park Rccrcation Complex to Commolll.ol Q, Maroon Creek Club Subdivision/PUn ZONIN(;; Iselin Park Complex Parcel- Park PUDISP A Lot Q, Mittoon Creek Club Subdivision- Wildlife PreStlrve PUD 1 p.2 P. 02/07 Ma~ 14 02 09:53a NPR inc MAY-14-2002 rUE 08:36 A~ 9709278148 .~ FAX NO. REVIEW PROC.;nlJRIi:: Pevelopmcnlthat meets the criteria in Exhibit" A" may he approved by the Community Development Director. STAFF COMMENTS: Review criteria and StaffPindings have been included a.~ Exhibit "A." The application bas been included as Exhibit "1'1." RECOMMI',I';I)ATION: Slaff recommends the Community l>cvclopmenl Oirector approve tbc proposed Stream Margin Exemplion with the following condilions: 1. The development shall OCCUI as represented in this application. 2. If lighting is propo...:l 011 the bridge in thc future, the Iigllting shall comply wid, the City of Aspen's Lighting Ordinance. Th. Applicant shall s\lbmit a de~,i1cd lighting plan to be approvcd by the City of Aspen Zoning Ofticer prior to placing any lighting on the bridge. 3, Usc of mOlor vehicles on Ihe bridge shall bo poohibilCd except for the pU!')lose of maintenanec and emergency serv iecs. iI. rhe Applicanl shall s\lbmit lU1 erosion control plan to the City of Aspen Ellglneering Department for approval prior to conslrllelion. The Applic.nt shall rcvegetate any aroos dlstur~ed during eonslruetion. S. The proposed bridge sholl remain in compliance with MSHTO rcqnirements throllghout thc construction process. A"PROV AL I hereby approve this Stream Margin Exemption for d,e construction of a pedestrian bridge from the Iselin Park Rccreation Complex to COIDlIlon Lot Q, of the Maroon Creek Clllb Subdivision with the .bove conditions. . date5/'r7102. hlson, Community Development DCtu\Ybirector AC(:F.PTANCE: I, ns II person being or repre,~ming the applicant, do hereby undcrstand and agree to Ihe conditions of this approval and certify the in natio ovidcd in this application is correct to the best 0 know c, date~)'Ji/OZ- , d, rcprcsc tin City of Aspen ~ks Dcpartment. A'ITAClIMENTS ElIhibit A-StaffComments Exhibit B-Application Exhibit C-..Referral Comments Exhibit D...MlU'ooll Creek Club Master's Associalion Construction Lieen,~e 2 p.3 P. 03/07 Ma~ 14 02 09:54a NPR inc MAY-14-2002 rUE 08:36 A~i FAX NO, 9709278148 r\ EXHIBIT A REVIEW CRITERIA AND STAFF FINDINGS: An application for a strcam margin exemption for the construction of a pedcstl'ian bridge may be appnweu if it complies with the following criteria to the extent practical. 1. II can be demonslrored Ih,,1 any proposed developmem which is in the Speci,,1 Flood Hazard Area will nOI increase the base flood elevalion on the parcel proposed for development, 7'111s ,rhull be demonstrared by <m engineering study prepared by a pr~{essionaJ engineer registered to prc":lice in Ihe Srore of Colorado which shows Ihat II,e hose .flood elevat;on will not be ralseli. including, hut not limited to. proposing mitigation techniques on or off-site which ct>mpensole for Imy iJase flood elevation increase caused by the development; and !illl.lJ Findine Staff dlles not believe that the proposed pedestrian bridge will increase the base J100d elevation. The bridge's support beams are proposed 10 be located 105 feet in clevation above the high waler line of Maroon Creek, Therefore, Staff feels thatlhe proposed blidge will not effect the base flood elevation. Additionally, Starr has proposed a condition of approval that requires the Applicant to submit a detailed erosion control plan to the City Engineering for approval prior to starting construction. Staff finds this criterion to be met. 2. The recommend"tian.l' of the Aspen Area Community Plan.' l'arkslR,,'rel/lionlOpen Space/Trai/.r Plan ane/the Roaring Fork River Greenway Plall are implemented in the pyoptmd pl/ll1/or development. lrJ the greotcst extent praclicaiJle. Areas o/hislOric jmblic use or l/,'ce.tr shall be dedicated viu a recorded eosement Jil" public use. A fishe,.man 's easemellt granting public fishing acce.rs within Ihe high water boundaries of the river course shall be gra",ed tQ Ihe greatesl eXlelll1'".\'.,ibl. via a ,.ecorded "Fisherman's Easement;" and, SlafUJndine Staff believes that the proposed bridge is cC>I1sistent with the 2000 Aspen Area Community Plal1. The MCr's Open Space and Trails map identifies the prllposcd uail C(lIlllcclion between Iselin Park and the base of TichacklBullermilk Mountain that tbe proposed pedcstrian bridge will allow 10 become reality. Additionally, the AACP includes as an objcctive to "improve public access 10 parks and recreation facilities". Staff believes that the proposed bridge is in keering with the lIforl'menti()ned conlmllnily goal. Stafffillds this criterion to be met. 3. There is no vegetation removed or damaged or sl"pe grade changes (CUI or fill) made olltside of a specifically definecl bllilcfin,~ envelope. A building ClIve/ope shall be designated iJy Ihis review arid ..ald envelope shall be ,'ec,Jrl/ed on a plat pur.ruantto Seclio" 26,435.040(1")(1). p.4 p, 04/07 Ma~ 14 02 09:54a NPR inc MAY-14-2002 TUE 08:36 A~ FAX NO, 9709278148 o ~lalT Findin!! There is no specifically defined building envelope, but the proposed bridlle is to be located within the confines of the designall:d casements. A slight change in grade is proposed for the arch supports. Staff has proposed a condition of approval thai requires the Applicant to revegetate the disturbed area with natural vegetation. Staffbeleives that the proposed regrading will not negatively impact tbe riparian area because the regrading will OCCllr 10S feet above the mean high water line of Maroon Creek. Staff finds this criterion to be met. 4. The proposed development dllcs no/ pollule or inlerfere with the nalural changes of Ihe river, slream or olher tribulary, including erosion andJ()J' sedimenlation during cOI1structio/l Increased on-site Ilrainage shall be I,ccommodated within Ihe pi//'cel to pre"ent enlry into the river Or onlo iLl' banks. Pools or hollubs cOllnot be drained oulside of lhe designuled bllilding envelope; and. Staff Findinll Stafr does not belicve that the proposed bridge willl'ollutc or interfere with the nlltunll ehan8e~ of tho rivor due to the fact Ih:11 the hridGo is to be located a considerable dist:mco ahove Maroon Creek. Additionally, Staff has proposed a condition of approval that requires the Applicant to submit a detailed erosion control plan to the Cily Engineering Departll1ent for approval prior to construction, Staff finds tlus criterion to be met. 5. Wrlrren nOllce is given tlllhe Colorado Water Conservl/lilm Board prill,-Io any alteralion (JI' relocalion of a waler course. and a copy of saM not/ce submit/cd to the Federal Emergency Mlml/gemtnl Agency; and, Slllf!!lndinl1: Thero is no a1temtion or relocation of a watercourse being proposed, Staff finds this criterion to be met. 6. A gUl/rantce is provided in the evenl a waler cour.~e i.r altered O/' relocaled Ihal applies II) ,h. developer and his heirs, successors ,mtl assigns Ihal en.<ures (hal/he flood carrying capacity on Ih. parcel i.1 nol diminished; and. Stafl' Findinl! A WaleI' course will not be altered or rel(lcated. Therefore, II guarantee is 110t reqllired. SlatT /inds this criterion to be met. 7. Copies are provided of 01/ necessary felleml and Slllle permits relating to wCl1'k within Ihe one.hundred-yel" floodpl{lin; {lnd, p.5 P. 05/07 . , Ma~ 14 02 09:54a NPR inc MAY-14-2002 rUE 08:37 A~ FAX NO, 9709278148 f"'} Staff Filldin2 Tile 100 year floodplain is very narrow ill the area proposed for the pedestril\ll bridlle dlle to the steep slopes Ihal exist on both side. of MaroOll Creek. Therefore, the bridge is proposing no developmeullhat will conlact lhc ~rounc1 within the 100 year floodplain as is designated on the FEMA Flood J nsurance Map. Staff finds this criterion to be met. 8. Thore is no developmen/ o/hor /hon approved no/Iv. vege/allon planling witilin fifteen (15) je.t hock of the lop of slope or the high wl1terline. whichever is mO.51 rUlrictive. This is an ~ffort to prolecl the exl.5/ing riparian vege/llllon IInel bank stabililY. New plantlnlls (Including /rees. shnlbs. jlowers. and grasses) olltside of Ihe designaled building envelope IIn the riv",. side shall be nollve riparian vegelulion as approved by Ihe City. A landscape plan will be sll/Jmilledwilh all development applicallon,5. The top o[slope alld 100 year jlllod plain elevalion of Ihe Roaring Fork River shall be de/ermined hy the Slream Margin Mal) loea/ed In the Communily Developmenl DepllTlmenl andjlled althe City Engineering Depurtment. ShIff Findin2 The City Engineering Departlllent has determined Ihat all proposed grading alld development tJI.1t is to have contact with the groUlld is located well above the 100 year floodplain. Land Use Code Section 26.435,040(B)(1), Stream Margin Exemptions, specifically exempts pedestrian bridges fronl the Stream Margin Review Process given that the propo~al comJllies with the Stream Margin Review Standards 10 the exlcnl practical. Staff docs believes that the Top of Slope Setback requirement is intended to be applied to residences and not bridges. Staff finds this criterion to be met. 9. All development oulsM. thefifleen (/ 5)footsetbackfrom the top "Is/"pe does not exceed /I heigh! delineo/ed by a line drawn at aforty.jlve (45) degree /Ingle frllm ground level at the top of slope. Height shall be mea.\.ured and delel'mined by the Community Development J);reclor u.,ing the deJinilllmfor heighl set forth (11 Secllon 26.04. ] on und methm/ of ca/culaling height sel forth 01 Secllon 26.575.020, /lnd, Staff Findine The pr11l'Osal is not fO\' development of a residence or building. The plltpOSC of a bridge is to cross the river. Therefore, Slaff does not feel that this specific criterion is applicable and necessary for preserving the ripariallarea in relation to this specific proposal. Slaff finds this criterion not to be applicable to this applicatiol\. ] O. AU exterior lighting is low and downcmt wilh II<llighl(s) di,e"ted toward Ihe rive, "r localed down the .1'lope and ..holl he in complianee with secllon 26.575.] 50. A lighting plllll will be submitted with all developmenJ 01'1'1 ieal jans; and, p.s P. 06/07 Ma~ 14 02 09:54a NPR ino , . MAY-]Q-2002 TUE 08:37 AM'""j 9709278148 FAX NO. :- C......,:>~ Staff Findiul! The outd(l(ll' lighting shall comply with the City of Aspen Lighting Code. Staff has proposed a condition of approval that requires the Applicant to subl1lil a detailed lighting plUllll) be approved by the City of ASpCJI Zoning Officer prior to erecting allY lighting on Ihe bridge. Staff finds this criterion to be met. 1/. 17,ere has been accurate identiflcOli()fl of wel/ondr and ripariun zones. SlaffFi':'.!!i!!! Aceordingto the FEMA Flood Insul'anee Maps, no portion oflhe proposed bridge makes contact with the ground within a wetland or Ihe 100 year lIoo<lplain. Staff finds thiHriter;on 10 be mel. p.7 P. 07/07 (\ MEMORANDUM A To: Development Review Committee From: John Niewoehner, Community Development Engineer Reference DRC Case load Coordinator Date: May 1, 2002 Re: Maroon Creek Pedestrian Bridqe Attendees: John Niewoehner, Community Deveiopment Department James Lindt, Community Development Department Dennis Murray, Building Brian Flynn, Parks Phil Overeyner, Aspen Water (and Electric) Richard Goulding, Engineering Nick Adeh, Engineering Tom Newland, Parks Jeff Woods, Parks Ben Ludlow, Assets Management General On May 1, 2002 the Development Review Committee (DRC) reviewed the Maroon Creek Pedestrian Bridge. The proposed City project will construct a 600-foot long and 14-foot wide pedestrian bridge over Castle Creek between Iselin and the Maroon Creek Club. Sufficiency of Submittal: DRC comments are based on the fact that we assume the submitted site plan is accurate, that it shows ail site features, and that proposed development is feasible. The following are the comments of the DRC on the proposed project: Site Review 1. Enqineerinq Department: Requests a sediment/erosion control plan. 2. Community Development Enqineer: No comments at this time 3. Zoninq: No comments at this time. 4. Housinq Department: No comments at this time. 5. Fire Protection District: No comments at this time. 6. Parks Department: No comments at this time. 7. Buildinq Department: Requests that the walls (handrails) on the side of bridge deck be verticai to make bridge safer to prevent people from climbing over the rails. Parks Dept. responded that the walls would be 2-foot higher than required and be made of four-inch mesh. 8. City Water Department The Water Department is piacing a 12" line under the bridge deck. 9. Aspen Consolidated Sanitation District; No comments at this time. 10. Environmental Health: No comments at this time. 11. City Community Development - Planninq: No comments at this time. Page 2 of2 May 1, 2002 DRC for Maroon Creek Pedestrian Bridge r') 12. City Electric Department: Will place two conduits on bridge. (Holy Cross decided not to install conduits for future use.) 13. Holy Cross Electric: No comments at this time 14. City Attorney: No comments at this time 15. Streets Department: No comments at this time 16. Historic Preservation Officer: No comments at this time 17. Pitkin County Planninq: No comments at this time 16. County and City Disaster Coordinator: No comments at this time Approvals 1. Engineering: The applicant receives approval from the City Engineering Department (920-5080) for design of improvements, including grading, drainage, transportation/streets, landscaping, and encroachments within public right of way. The applicant receives approval from the Parks Department (920-5120) for vegetation species and for public trail disturbance. 2. Parks: 3. Streets: The applicant receives approval from the Streets department (920-5130) for mailboxes, finished pavement, surface materials on streets, and alleyways. 4. Permits: Obtain RO.W. permits for any work or development, involving street cuts and landscaping from the Engineering Department D:\DRC\MaroonCrk-Ped-Bridge.doc r'1 () " ........ .. James Lindt Community Dev!,!lopment Departme~t City of Aspen 130 S. Galena . Street Aspen, CO 81611 THE CITY OF ASPEN OFFICE OF THE'CITY ATTORNE'Y April 10, 2002 RE: DISCLOSURE OF OWNERSHIp:'" MAROON CREEK PEDESTRIAN BRIDGE Pear James; . Please accept this letter as demo,nstration of the City of Aspen's ability' to construct a pedestrian bridge on two parcels of land located within the City of Aspen. . . The pedestrian bridge will span two properties: Iselin Park property: This parcel is owned by the City of Aspen as recorded in Plat Book !i8, Page 13,of tne Pitkin County Clerk and Recorders OffiCe. No mortgages, judgments, liens, easements, contracts or agreements affect the City's right to use this property for construction of the pedestrian bridge. . Maroon Creek Club Common Lot Q. The City of Aspen has been granted an easement recorded in Plat Book 33, page S of the Pitkin County Clerks Office, to .place the pedestrian bridge over this commonly held open space parcel. 'No mortgages, judgments, liens, easements or contracts affect the City's ability to use this easerrtent for construction of the pedestrian bridge. I hope this letter is sufficient for your needs. Please contact me if you have Ciny questions. 1) 2) . Sincerely, ~~ Joh n Worcester, Attorney 130 SOUTH GALENA STREET' ASPEK, COLORADO 81611-1975 . PHO!\':E 970.920.5055 . FAX,970.920.5U9' Printed on Recycled Paper f"""'\ """' j" (;;:'X~J'Jo N- "fJ)/ CONSTRUCTION LICENSE IN CONSIDERATION ofthe sum ofTen Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Maroon Creek Club Masters Association (HEREINAFTER "Licensor"), does hereby grant to the City Of Aspen, Colorado (hereinafter "Licensee") a Construction License to use certain portions of its land lying within Section II, Township 10 South, Range 85 West of the 6th Principal Meridian, Pitkin County, Colorado, as more specifically shown on the attached Exhibit "A" (hereinafter the "property"), under the following conditions: I. PURPOSE OF LICENSE. The Construction License will permit the Licensee to utilize the property described in Exhibit "A" for access to, staging and construction of what is known as the Maroon Creek Pedestrian Bridge project, for which an easement has been recorded in Book 33, Page 4 of the Pitkin County Clerk and Recorders Office as a part of the plat for the Maroon Creek Club development. The structure to be placed is a 14-foot wide, arch-deck pedestrian bridge constructed as shown on Exhibit "B". No structures other than those hereinabove provided and utility extensions, including a water line extension and conduit for future communication/electrical lines that are attached to the pedestrian bridge, shall be erected, constructed or placed upon said property by the Licensee without prior written consent of the Licensor. 2. WORK SCHEDULE. Attached as Exhibit "c" is a construction schedule showing the various stages of bridge construction and the anticipated construction traffic generated by each stage. Licensee agrees that no work will be done to erect the bridge on the Tiehack side of Maroon Creek between May 25, 2002 and September 3,2002. The Licensee and its contractor may apply for exceptions to this prohibition that will be considered and approved by the MCCMA Board on a case-by-case basis. Licensee agrees to comply with road weight restrictions imposed on Tiehack Road from April 15th to June 15th. Compliance with the weight restrictions may include limiting loads and increasing trips. Work to erect the bridge includes construction access, staging and erection of the bridge as defmed in Exhibit "A". The Licensor agrees to release the Licensee from the requirement of the Subdivision Improvements Agreement to have the bridge completed within 18 months of initial construction (April 17, 2003). Work shall not be conducted before 7:00 am or after 7:00 pm and shall not occur on Saturdays and Sundays unless as provided under this agreement. 3. ROAD USE FEE. Licensee shall be responsible for, and at its expense provide prior to initiation of bridge construction from the property, a mutually determined road impact fee of Nine-thousand ($9000.00) dollars. Licensee further agrees to provide an appropriate level of traffic control on Tiehack Road during the delivery of the steel frame for the bridge (after September 3"'). The traffic control plan shall include flagmen at intersections during these delivery events and sufficient notice of construction activities that may impact road use. 4. STAGING AREA. Licensee shall have the ability to use the Tiehack parking areas (Lots 14 and IS) for construction staging. Lot 14, located south and west of the Construction Area, shall be used for staging from the initiation of the project until May 25th. Lot 15, located north and west of the Construction Area, will be used for construction staging and steel delivery after September 3'0. Access to mail delivery boxes on the north end of the Lot 15 parking lot shall be maintained at all times. Licensee shall flag and fence as necessary all construction and staging areas during the course of the work. In return for using the parking lots, Licensee agrees to share equally in the costs of sealing the asphalt surface of the parking lot in Lot IS after the project is completed. In an effort to avoid homeowner concerns, Licensee shall not at any time park or idle vehicles, or store materials on any OF LICENSOR'S roads, driveways or properties other than those specifically defined herein. 5. TERMINATION. With the exception of Exhibit "D", the Letter of Understanding between the Licensee and the Licensor, this Construction License shall automatically terminate and be of no force or effect upon the completion of construction of the Maroon Creek Pedestrian Bridge and A n satisfactory completion of the Landscape Plan for the property. Licensor and Licensee shall make a mutual assessment of the License Area both prior to initiation of the project after completion of the project It is acknowledged that the fmal assessment may not occur until July of2003 to verify road/parking lot damage and the success of the revegetation plan. 6. LANDSCAPE PLAN. A landscape plan for the License area is attached as Exhibit "E". Licensee shall be responsible for implementing the plan. If any buildings, structures, landscaping, fences, ditches, or other improvements on the property are damaged or destroyed by the construction activities of the Licensee, Licensee shall promptly replace, repair and otherwise restore these improvements to the previous condition. 7. VIOLATIONS OF LICENSE. The Licensee agrees that its contractor shall post a construction performance bond for an amount of$IOO,OOO that incorporates a daily penalty of$I,150 for violations of the License. Licensor or any beneficiary of the agreement retains the right to collect reasonable attorney's fees and costs in the event of enforcement action and also retains the right to injunctive relief and forfeiture of the performance bond. 8. PUBLIC USE AND MAINTENANCE OF BRIDGE. Upon its completion, Licensee shall be responsible for maintaining, repairing and otherwise operating the Maroon Creek Pedestrian Bridge. Licensee and Licensor agree to abide by the terms and conditions of the Letter of Understanding regarding public use of the Tiehack Parking Lots (Lots 14 and 15 of the Maroon Creek Club Subdivision) that is attached as Exhibit "D". 9. ADDED SIGNATORY. The Maroon Creek Limited Liability Company is hereby named a signatory to this License and is deemed a beneficiary of this agreement with complete rights of enforcement THIS AGREEMENT shall be binding upon and inure to the benefit of the parties and their successors and assigns. Nothing herein contained shall be deemed to restrict Licensor in the use and ownership of the property burdened by the Construction License herein granted, except as any use may be inconsistent with the rights granted hereunder. This license may be amended or modified only by a writing executed by the parties hereto, their successors or assigns. EXECUTED this _day of ,2002. I I I 1 r") LICENSOR: MAROON CREEK CLUB MASTER ASSOCIATION By: President Secretary STATE OF ) ) ) COUNTY OF i) The foregoing instrument was acknowledged before me this _ day of by My commission expires Witness my hand and official seal. Notary Public SIGNATORY: MAROON CREEK LIMITED LIABILITY COMPANY By: President Secretary STATE OF ) ) ) COUNTY OF The foregoing instrument was acknowledged before me this _ day of by My commission expires Witness my hand and official seal. Notary Public ,2002, ,2002, I") () LICENSEE: CITY OF ASPEN ATTEST: STATE OF COUNTY OF ) ) ) The foregoing instrument was acknowledged before me this _ day of by ,2002, My commission expires Witness my hand and official seal. Notary Public t"") A EXHIBIT "A" DESCRIPTION OF CONSTRUCTION LICENSE AREA That portion of Parcel Q (Common Area) and Lot 15 (parking lot), Maroon Creek Club as shown on the attached map; Lot 15, Maroon Creek Club for construction staging only; Tiehack Road from Lot 15 to State Highway 82 for construction access only. "Access Areas" on the mapping refers to the public section of Tiehack Road from State Highway 82 to the eastern Tiehack Parking Lot. This area will be for access only to the Staging Area and Construction Area. "Staging Area" on the mapping refers to the public parking area on Lot 15 of the Maroon Creek Club PUD. This area will be for construction-related parking, construction staging and temporary storage of construction materials. "Construction Area" on the mapping refers to that portion of Common Lot Q that is required to construct and gain access to construction of the bridge from the Staging Area and the Access Area. r-, EXHIBIT "B" MAROON CREEK BRIDGE PLANS f) ~ A , EXHIBIT "c" CONSTRUCTION SCHEDULE AND ANTICIPATED CONSTRUCTION TRAFFIC: GENERATION FOR THE MAROON CREEK BRIDGE r'I, (""\ ".1 EXHIBIT "D" LETTER OF UNDERSTANDING BETWEEN THE CITY OF ASPEN AND THE MAROON CREEK CLUB MASTERS ASSOCIATION REGARDING THE PUBLIC USE OF TIlE TIEHACK PARKING LOTS If"""\ ~ .' City of Aspen 130 S. Galena Street Aspen, CO 81611 Maroon Creek Club Masters Association and the Maroon Creek Limited Liability Company c/o Brian Martin Maroon Creek Club 10 Club Circle Aspen, CO 8161J January 17,2002 Dear Board Members: This letter is to memorialize our mutual understanding regarding the public use of the Tiehack Base Parking Lot, located on Lot 14 of the Maroon Creek Club. The parties agree that: . The Tiehack base parking lots are available for daytime use by the public to access the Tiehack ski area, trails and public lands as described within the public easement granted by the Maroon Creek Club as a part of its development approvaL Attached to this letter is a copy of the public easement for the Tiehack Base Parking Lots as recorded in Book 730 page 655 of the Pitkin County Clerk and Recorders Office. . The Maroon Creek Pedestrian Bridge to be constructed by the City of Aspen will connect the Tiehack Base area with the Iselin Park property. Upon completion, the bridge will be maintained and operated solely by the City of Aspen for the primary purposes of connecting pedestrian trails and Nordic ski trails in the area. . The City of Aspen and the Maroon Creek Club Masters Association agree to work together to insure that the use of the Tiehack Lots remain consistent with the use requirements within the public easement. This will be done through close communication and coordination between the two entities regarding this issue. The contact person for the City of Aspen will be the Manager of Parks and Recreation or hislher designee. The contact person for the LICENSOR will be the Club Manager for the Maroon Creek Club or hislher designee. In addition to providing close communication and coordination concerning the parking lots, the parties agree to implement the following: . The City of Aspen agrees to request the permission of the Maroon Creek Masters Club Board of Directors to utilize the parking lots for overflow parking related to any special event that may be conducted at the Iselin Park Recreational Complex. The City shall obtain this approval from the Board of Directors prior to using the parking lots in this capacity. Any request will include a description of the need for use ofthe parking 10t( s), a schedule for said use and a parking/traffic management plan . If the use of private property or private roads in the Maroon Creek Club occurs by the general public, the Maroon Creek Club Masters Association agrees that it will be responsible for any measures it feels is appropriate to stop said use from occurring. . The City of Aspen agrees to keep the Maroon Creek Pedestrian Bridge nnlighted and to inform potential users that the bridge is not intended for nighttime use through the placement of informational signage on either end of the bridge deck. I"""; . As the Maroon Creek Pedestrian Bridge will be a part of the City of Aspen Trails system, dogs will be required to be leashed when using the bridge and when accessing public trails from the bridge. By signing this letter below, the parties do hereby agree to abide by the conditions of this Letter of Understanding. Neither the City, the Association nor the Company are waiving their rights regarding the language and limitations of all previous agreements by signing this Letter of Understanding. Nothing contained herein shall expand upon the pennitted uses of the Tiehack Parking lots as described within the attached public access easement FOR THE CITY OF ASPEN: Responsible party for the City: Name Title 130 S. Galena Street Aspen, CO 81611 (970) 920-5120) FOR THE MAROON CREEK CLUB MASTERS ASSOCIATION: Responsible Party for the Maroon Creek Club Masters Association: Name Title c/o Maroon Creek Club 10 Club Circle Aspen, CO 81611 (970) 920-1533 " n EXHIBIT "E" Landscape Plan for License Area The City shall completely revegetate and reclaim all areas disturbed or impacted within the Construction Area and the Staging Area (see Exhibit "A"). Revegetation of the site shall be accomplished by reseeding with a native grass mix comparable to those described within the Recommended Plant List below. In addition, any portion of the Construction Area or Staging Area that is in need of reclamation after the bridge is constructed will be revegetated with native brush species comparable to those described within the Recommended Plant List. Placement ofthe shrub species will be determined in the field and based upon the densities of existing shrubs surrounding the Construction and Staging areas. Preparatory to planting and seeding, the Construction area will be regraded and shaped to the existing grades arid topography present prior to construction activities. This work shall be accomplished so that it blends into the existing topography, concealing the temporary road cuts placed to gain access to the spread footings and abutments of the bridge. At least four (4) inches of native topsoil shall be placed and tilled to the desired line and grade. The top four (4) inches of soil shall be free of rocks and other foreign matter before reseeding begins. The City shall employ hydraulic or hand broadcast seeding of the topsoil. All seed shall be furnished in bags or other containers clearly labeled to show the name and address of the supplier, the seed name, the lot number, net weight, origin, the percent weed content, the guaranteed percentage of purity and germination, and the pounds of pure live seed of each seed species in the container. All brands furnished shall be free from such noxious weeds as Russian or Canadian Thistle, European Bindweed, Johnson Grass and Leafy Spurge. Seed types and amount of pure live seed required per acre shall be in conformance with the surrounding native grasses and be determined by the applicant. If desired, the Licensor may review the proposed seed mix for its compatibility with the surrounding vegetation and approve it before use. The applicant shall also be responsible for assuring the Licensor that the areas to be revegetated will grow and take root to the soils in the disturbed areas. This will include any watering or fertilizing needed to insure or otherwise promote this growth. To guarantee the revegetation, the City will provide a bond to the Licensor. The bond will be equal to the costs of revegetation, and will be released to the City when it is determined by the Licensor that the revegetation of the disturbed areas has been successfully completed. Payment and Performance Bond for an amount set by the Licensor shall be provided and secured unto the Licensor, and, if the work is not completed as specified, any security shall be in default and the Licensor shall recover on the security, provided notice of non-compliance is given in writing to the City by the Licensor. The surety executing any bond shall continue to be fmnly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the Licensor in causing any unsatisfactory work to be corrected or any unfinished work to be completed. Securities other than a bond, such as cash payment or letter of credit, shall be approved by the Licensor prior to permit issuance. Ifwithin a one-year period from the revegetation effort a successful stand of native shrubs and grasses has not been accomplished, the Licensor may, at its discretion, retain any and all of the assurance monies necessary in order to attempt revegetation of the grounds. A successful stand of native grasses is defined as being at a 75% germination rate andlor having a vegetation cover equal to or greater than the surrounding vegetation cover. The success of the revegetation efforts will be measured at the end of the summer growing season by the Licensor who will approve or reject it between that time and the end of the one-year assurance period. r"\ Recommended Plant List Trees: Scrub Oak Western Juniper Shrubs: f"\ , ~ Amelanchier alnifolia - Serviceberry Artemesia frigida - Fringed Sage Artemesia tridentate "Vaseyana" - Mountain Sage Cercocarpus mountanus - Mountain Mahogany Purshia tridentata - Antelope bitterbrush Seeding: Native Seed Mix Common Name Scientific Name Pure Live Seed LBSI Acre Western Wheatgrass Mountain Brome Slender Wheatgrass Thickspike Wheatgrass Indian Ricegrass Blue Flax Rocky Mt. Penstemon Agropyron Bromus marginatus Agropyron trachycaulum Agropyron dasystachum Oryzopsis hymenoides Linum lewisii Penstemon strictus Total pounds live seed per acre (broadcast) 10 6 6 6 4 .5 I 33.5 Ha~ 14 02 09:53a NPR ino 9709278148 n p.1 ~ PhOne: (970)927-'1645; Fax: (970)927-8148 Newland Project Resources, Inc. Fax To: )'6-vv\,,/ l \ f'\~'+ From: Tom Newland Phone: Pag- J. Date: .5 \ \ \.( \ 02.- F..... Reo eel o Urgent 0 For "-vi_ 0 ....... Cw~......IIf: 0 PI_ Reply 0 PlMse Recycle ----- j 6-.'Mih - S\C~ v-..d 6--CC.CV< ~ ~ f- 7~ ~~ ~\CA-J' / --rJ (""\ n 130 S. Galena Sf. Aspen CO 81611 (970) 920-5090 (970) 920-5439, fax Aspen/Pitkin Community Development Department Fax To: Tom Newland From: James Lindt Fax: 927-8148 Pages: Phone: Date: 5/14/02 Re: Ped. Bridge Decision Notice CC: o Urgent o For Review o Please Comment 0 Please Reply o Please Recycle . Comments: Hi Tom, Please find attached the Maroon Creek Pedestrian Bridge Decision Notice. Piease sign the decision notice and return it to me. Also, at your convenience please get me copy of the signed construction license for the casefile. Please let me know if you have any questions or concerns about the decision notice. Thanks, James r"\ () MEMORANDUM TO: Joyce Ohlson, Community Development Deputy Director FROM: James Lindt, Planner IJ1,- RE: Maroon Creek Pedestrian Bridge Stream Margin Review Exemption DATE: May 14, 2002 SUMMARY: The City of Aspen Parks Department, owner, has applied for an exemption from the Stream Margin Review to construct a pedestrian bridge over Maroon Creek from the Iselin Park Recreation Complex parcel to Common Lot Q of the Maroon Creek Club Subdivision/PUD. The pedestrian bridge is proposed to span about 606 feet and be 16 feet wide. The location of the proposed bridge was approved in both the Iselin Park pub and the Maroon Creek Club PUD. An easement to land the bridge on Common Lot Q was dedicated to Pitkin County and subsequently transferred to the City of Aspen when the Maroon Creek Club Subdivision was annexed into the City. The City of Aspen has entered into a Construction License with the Maroon Creek Club Masters Association as is required by the Maroon Creek Club Subdivision Improvements Agreement. The proposed pedestrian bridge is intended to provide a year round trail connection between the base of Tiehack Ski Area and the Iselin Park Facility as is envisioned in the 2000 Aspen Area Community Plan's Open Space and Trails Map. Pursuant to Land Use Code Section 26.435.040(B)(1), Stream Margin Exemptions, the Community Development Director may exempt construction of pedestrian bridges if it is found that the proposal does not block drainage channels during peak flows and that the Stream Margin Review Standards are adhered to the extent practical. ApPLICANT: City of Aspen Parks Department. Represented by Tom Newland, Newland Project Resources, Inc. LOCATION: Iselin Park Recreation Complex to Common Lot Q, Maroon Creek Club SubdivisionlPUD ZONING: Iselin Park Complex Parcel- Park PUD/SPA Lot Q, Maroon Creek Club Subdivision- Wildlife Preserve PUD I !) ~ REVIEW PROCEDURE: Development that meets the criteria in Exhibit "A" may be approved by the Community Development Director. STAFF COMMENTS: Review criteria and Staff Findings have been included as Exhibit "A." The application has been included as Exhibit "B." RECOMMENDATION: Staff recommends the Community Development Director approve the proposed Stream Margin Exemption with the following conditions: J. The development shall occur as represented in this application. 2. If lighting is proposed on the bridge in the future, the lighting shall comply with the City of Aspen's Lighting Ordinance. The Applicant shall submit a detailed lighting plan to be approved by the City of Aspen Zoning Officer prior to placing any lighting on the bridge. 3. Use of motor vehicles on the bridge shall be prohibited except for the purpose of maintenance and emergency services. 4. The Applicant shall submit an erosion control plan to the City of Aspen Engineering Department for approval prior to construction. The Applicant shall revegetate any areas disturbed during construction. S. The proposed bridge shall remain in compliance with AASHTO requirements throughout the construction process. ApPROVAL I hereby approve this Stream Margin Exemption for the construction of a pedestrian bridge from the Iselin Park Recreation Complex to Common Lot Q, of the Maroon Creek Club Subdivision with the above conditions. ~)~1)1h---- date 5/0 /o?.. Joyc Ohlson, Commumty Development ~lrector ACCEPTANCE: I, as a person being or representing the applicant, do hereby understand and agree to the conditions of this approval and certify the information provided in this application is correct to the best of my knowledge. date Tom Newland, representing City of Aspen Parks Department, owner. ATTACHMENTS Exhibit A-Staff Comments Exhibit B-Application Exhibit C---Referral Comments Exhibit D---Maroon Creek Club Master's Association Construction License 2 t"""\ f\ EXHmlT A REVIEW CRITERIA AND STAFF FINDINGS: An application for a stream margin exemption for the construction of a pedestrian bridge may be approved if it complies with the following criteria to the extent practical. 1. It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered to practice in the State of Colorado which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigation techniques on or off-site which compensate for any base flood elevation increase caused by the development; and Staff Finding Staff does not believe that the proposed pedestrian bridge will increase the base flood elevation. The bridge's support beams are proposed to be located 105 feet in elevation above the high water line of Maroon Creek. Therefore, Staff feels that the proposed bridge will not effect the base flood elevation. Additionally, Staff has proposed a condition of approval that requires the Applicant to submit a detailed erosion control plan to the City Engineering for approval prior to starting construction. Staff finds this criterion to be met. 2. The recommendations of the Aspen Area Community Plan: Parks/Recreation/Open Space/Trails Plan and the Roaring Fork River Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. Areas of historic public use or access shall be dedicated via a recorded easement for public use. A fisherman's easement granting public fishing access within the high water boundaries of the river course shall be granted to the greatest extent possible via a recorded "Fisherman's Easement;" and, Staff Finding Staff believes that the proposed bridge is consistent with the 2000 Aspen Area Community Plan. The MCP's Open Space and Trails map identifies the proposed trail connection between Iselin Park and the base of Tiehack/Buttermilk Mountain that the proposed pedestrian bridge will allow to become reality. Additionally, the AACP includes as an objective to "improve public access to parks and recreation facilities". Staff believes that the proposed bridge is in keeping with the aforementioned community goal. Staff finds this criterion to be met. 3. There is no vegetation removed or damaged or slope grade changes (cut or filV made outside of a specifically defined building envelope. A building envelope shall be designated by this review and said envelope shall be recorded on a plat pursuant to Section 26.435. 040(F)(I). ~ (\ Staff Finding There is no specifically defined building envelope, but the proposed bridge is to be located within the confines of the designated easements. A slight change in grade is proposed for the arch supports. Staff has proposed a condition of approval that requires the Applicant to revegetate the disturbed area with natural vegetation. Staff beleives that the proposed regrading will not negatively impact the riparian area because the regrading will occur 105 feet above the mean high water line of Maroon Creek. Staff finds this criterion to be met. 4. The proposed development does not pollute or interfere with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction. Increased on-site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pools or hot tubs cannot be drained outside of the designated building envelope; and, Staff Finding Staff does not believe that the proposed bridge will pollute or interfere with the natural changes of the river due to the fact that the bridge is to be located a considerable distance above Maroon Creek. Additionally, Staff has proposed a condition of approval that requires the Applicant to submit a detailed erosion control plan to the City Engineering Department for approval prior to construction. Staff finds this criterion to be met. 5. Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a water course, and a copy of said notice submitted to the Federal Emergency Management Agency; and, Staff Finding There is no alteration or relocation of a watercourse being proposed. Staff finds this criterion to be met. 6. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished; and, Staff Finding A water course will not be altered or relocated. Therefore, a guarantee is not required. Staff finds this criterion to be met. 7. Copies are provided of all necessary federal and state permits relating to work within the one-hundred-year floodplain; and, 1""'\ ~ Staff Finding The 100 year floodplain is very narrow in the area proposed for the pedestrian bridge due to the steep slopes that exist on both sides of Maroon Creek. Therefore, the bridge is proposing no development that will contact the ground within the 100 year floodplain as is designated on the FEMA Flood Insurance Map. Staff finds this criterion to be met. 8. There is no development other than approved native vegetation planting within fifteen (15) feet back of the top of slope or the high waterline, whichever is most restrictive. This is an effort to protect the existing riparian vegetation and bank stability. New plantings (including trees, shrubs, flowers, and grasses) outside of the designated building envelope on the river side shall be native riparian vegetation as approved by the City. A landscape plan will be submitted with all development applications. The top of slope and 100 year flood plain elevation of the Roaring Fork River shall be determined by the Stream Margin Map located in the Community Development Department andfiled at the City Engineering Department. Staff Finding The City Engineering Department has determined that all proposed grading and development that is to have contact with the ground is located weIl above the 100 year floodplain. Land Use Code Section 26.435.040(B)(I), Stream Margin Exemptions, specificaIly exempts pedestrian bridges from the Stream Margin Review Process given that the proposal complies with the Stream Margin Review Standards to the extent practical. Staff does believes that the Top of Slope Setback requirement is intended to be applied to residences and not bridges. Staff finds this criterion to be met. 9. All development outside the fifteen (J 5) foot setbackfrom the top of slope does not exceed a height delineated by a line drawn at aforty-jive (45) degree angle from ground level at the top of slope. Height shall be measured and determined by the Community Development Director using the definition for height set forth at Section 26.04.100 and method of calculating height set forth at Section 26.575.020, and, Staff Finding The proposal is not for development of a residence or building. The purpose of a bridge is to cross the river. Therefore, Staff does not feel that this specific criterion is applicable and necessary for preserving the riparian area in relation to this specific proposal. Staff finds this criterion not to be applicable to this application. 10. All exterior lighting is low and downcast with no light(s) directed toward the river or located down the slope and shall be in compliance with section 26.575.150. A lighting plan will be submitted with all development applications; and, ,....", r\ , Staff Finding The dutdoor lighting shall comply with the City of Aspen Lighting Code. Staff has proposed a condition of approval that requires the Applicant to submit a detailed lighting plan to be approved by the City of Aspen Zoning Officer prior to erecting any lighting on the bridge. Staff finds this criterion to be met. 11. There has been accurate identification of wetlands and riparian zones. Staff Finding According to the FEMA Flood Insurance Maps, no portion of the proposed bridge makes contact with the ground within a wetland or the 100 year floodplain. Staff finds this criterion to be met. J" r>. MEMORANDUM f"") To: Development Review Committee From: John Niewoehner, Community Development Engineer Reference DRC Case load Coordinator Date: May 1, 2002 Re: Maroon Creek Pedestrian Bridlle Attendees: John Niewoehner, Community Development Department Dennis Murray, Building Brian Flynn, Parks Phil Overeyner, Aspen Water (and Electric) Richard Gouiding, Engineering Nick Adeh, Engineering Tom Newland, Parks Jeff Woods, Parks Ben Ludiow, Assets Management General On May 1, 2002 the Development Review Committee (DRC) reviewed the Maroon Creek Pedestrian Bridge, The proposed City project will construct a 600-loot long and 124-foot wide pedestrian bridge over Castle Creek between Iselin and the Maroon Creek Club. Sufficiency 01 Submittal: DRC comments are based on the fact that we assume the submitted site plan is accurate, that it shows all site features, and that proposed development is feasible. The following are the comments of the DRC on the proposed project: Site Review 1. Enqineerinq Department: Requests a sediment/erosion control plan. 2. Community Development Enqineer: No comments at this time 3. Zoninq: No comments at this time. 4. Housinq Department: No comments at this time. 5. Fire Protection District: No comments at this time. 6. Parks Department: No comments at this time. 7, Buildinq Department: Requests that the walls (handrails) on the side of bridge deck be vertical to make bridge safer to prevent people from climbing over the rails. Parks responded that the walls would be 2-foot higher than required and be made of four-inch mesh. 8. City Water Department The Water Department is placing a 12" line under the bridge deck. 9. Aspen Consolidated Sanitation District; No comments at this time. 10, Environmental Health: No comments at this time. 11. City Community Development - Planninq: No comments at this time. , .!' ~ n Page 2 of2 May 1,2002 DRC for Bavarian Inn 12. City Electric Department: Will place two conduits on bridge, (Holy Cross decided not to install conduits for future use.) 13. Holy Cross Electric: No comments at this time 14. City Attorney: No comments at this time 15. Streets Department: No comments at this time 16. Historic Preservation Officer: No comments at this time 17, Pitkin County Planninq: No comments at this time 16. County and City Disaster Coordinator: No comments at this time Approvals 1. Engineering: The applicant receives approval from the City Engineering Department (920-5080) for design of improvements, including grading, drainage, transportation/streets, landscaping, and encroachments within public right of way. The applicant receives approval from the Parks Department (920-5120) for vegetation species and for public trail disturbance. 2. Parks: 3. Streets: The applicant receives approval from the Streets department (920-5130) for mailboxes, finished pavement, surface materials on streets, and alleyways. Obtain R.O,W. permits for any work or development, involving street cuts and landscaping from the Engineering Department 4. Permits: D:\DRC\MaroonCrk-Ped-Bridge.doc 1"",: Q Nr;. ,'lLANO Pim.Jr;.cr lZLMUI<Cr;..6. INC. PiU'-1-.cr 1>1A/'Jtu;r;.I>1I;.NT "01;. VI;.UJPf>1I;.NT PI;.IZI>1/TT/NC; "TIZAN::,Pi712.TA T/ffl "LAND U::,I;. APPI217VAl::, (970) 927-4645 VOlel;. (970) 927-8148 FAX 4170IZk:;It.JAlI2.OAO e>~AL T. CO 81621 April 18, 2002 James Lindt Community Development Department City of Aspen . 130 South Galena Street Aspen, CO 81611 RE: SUBMITTAL OF REQUEST FOR,ASTREAM MARGINREVIEW EXEMPTION, MAROON CREEK PEDESTRIAN8~IDGE .. Dear James; Attached for your review and consideration please find 5 copies of a request for the Maroon Creek Pedestrian Bridge project to be exempted from Stream Margin Review. I hope the application is complete and contains all of the information required. If not, please call me at 927-4645 and I will be happy to provide any further materials that are required. Sincerely, cc: Jeff Woods l"-TT!;.12. PA<:;"-' , ~ '1 ':-'" 'co ("""" FEB U 1999 1....,;;,-.::\1 j i~i i ."i:'"J COMMUl\;TY Da.'2LU::r~"~r:r~T Memorandum TO: John Kreuger, Parks Dept. Jeff Woods, Parks Dept. Amy Margerum, City Manager Sara Thomas, Community Development Dept. Julie Ann Woods, Community Development Dept. Randy Ready, Asst. City Manager FROM: John P. Worcester DATE: January 29,1999 RE: Maroon Creek Bridge and Underpass ...................................~.............................. Attached please find a draft letter to Chuck Vidal and a copy of the proposed amendments to the Maroon Creek SIA. Let me know asap if this is OK as I'd like to get this going asap. Thanks 1 I"""', , ~ '---0 I~ ;+r:-r ~h t- January 29, 1999 Chuck Vidal Real Estate Affiliates 117 S. Monarch Aspen, Colorado 81611 Re: Maroon Creek SIA Dear Chuck: Following our various conversations and communications I have again checked with our Community Development Department and have been advised that the SIA amendments you proposed in your November 3, 1998, letter could proceed as an insubstantial amendment. This means we would not be required to take the agreement to Council, but could be signed by the Community Development Department Director. In.that this matter is of some concern to the Aspen City Council, the City Manager has informed the Council of the proposed amendments as set forth in your letter and they seem agreeable to the terms. Accordingly, I would suggest that we schedule a meeting with Julie Ann Woods of the Community Development Department at your earliest convenience so we can finalize the process. The only change I would request on your proposed amendment to the SIA is that the "Pitkin County Open Space Board referenced on the second page be changed to the "City of Aspen Parks Department." I'm sorry it has taken me so long to come to these conclusions. My only excuse is that various City departments had to be briefed on the merits of your proposal and their input sought. Hoping to hear form ,you soon, I remain, Sincerely, John P. Worcester City Attorney ,-.., Chuck Vidal January 29, 1999 Page 2 cc: John Kreuger, Parks Dept. Jeff Woods, Parks Dept. Amy Margerum, City Manager Sara Thomas, Community Development Dept. Julie Ann Woods, Community Development Dept. JPW -0 1I29/99-G:~ohn\wordllene,,\vidalS.doc f"'\ -. -, ...,.,....., -< -.. -'L :~.:H; ~~>':'~:::->.:. -:': ("). o'clock _.M. Recorder Draft 1 0/28/98 Recorded at Reception No RECORDING REQIJESTED BY WHEN RECORDED RETURN TO: Andrew V. Hecht, Esq. Garfield 8. Hecht. P.C. S01 East Hyman Avenua Aspen, CO 81611 AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT FOR MAROON CREEK CLUB This AMENDMENT TO SUBblVrSION IMPROVEMENTS AGREEMENT FOR MAROON CREEK CLUB (the "A.rnendment") is made this _ day of . 1998 1. RECITALS. 1 .1 Declaration. fa) . Pearce Equities Group II Limited Liability Company ("Pearce"). a Utah limited liability company and County of Pitkin. Coiorado ("County") are parties to that certain agreement dated September 2, 1993 entitled '.Subdivision ImproVements Agreement for Maroon Creek Club" recorded November 12. 1993 in Book 730 at Page 608 ofthe real estate records for the County (the "SIA"). (b) The City of Aspen (the "City") has annexed the Property (as defined in the SIA) from the County, and in connection with such annexation. the County assigned all of ils rights under the SIA to the City and the City assumed all of the County.s obligations under the S IA. 1.2 Amendmenlto SIA. Pearce and the City desire to a'1lend the SIA as set forth in thiS Amendment 2. AMENDMENT. The SIA is hereby amended as follows: 2.1 Amendmenlto ParaaraDh 7. ......'- - .'1' ! :-;"d. .;..:' -...... .', ,-, r"'i..'" , i (a) Pearce shall be relieved of all obligations to construct a pedestrian underpass, as described In subparagraph 7(a) of the SIft.. Therefore, the text of subparagraph 7(a) of the SIA is hereby deleted in its entirety and the phrase "Intentionally left blanl< substituted therefor. (b) The $175,000 that Pearce has provided as "Security" (as defined in Paragraph 15 of the SIA) for the construction of the pedestrian underpass shall be used by the City as add~ional funds toward the cost of the Maroon Creek pedestrian bridge in accordance with Paragraph 2.2(b) below. 2.2 Amendmentto ParaaraDh 8. (a) Paragraph 8 of the SIA is hereby deleted in its entirety and the following substituted therefor: Maroon Creek Pedestrian Bridae. Pearce shall contribute Three Hundred Thousand and NO/1 00 Dollars ($300,000.OO)t6wards construction of a public pedestrian bridge across Maroon Creek to connect the Tiehack base area with Iselin Park. The Crty shall be responsible for the construction of the bridge, obtaining all requisite permits and agrees that construction of the bridge will no commence until one hundred percent (100%) of the fUnding .is available and that construction wiil be completed within one (1 i year of commencement. The City shall be responsible for obtaining any access easements required on the east side of the bridge. The contributions due from Pearce will be due within thirty (30) days after written notice is given by the City to Pearce that the bridge is completed. Use of the bridge by motor vehicles except for maintenance purposes shall be prohibited. On the west side of the bridge, Pearce shail provide any required access easements on Common Parcel Q as shown on the Final Plat. The consent of Pearce to the design and location of the bridge shall be obtained. which consent shall not be unreasonably withheld or delayed. Prior to any construction, the parties shall agree on the provision of a construction license over lands of Pearce to allow for work en the bridge; provided. however, work on the bridge shall not hinder or interfere wrth any development of the Project or adversely affect any elements of the Project that have already been constructed. The City shall be responsible for the operation, maintenance and repair of the bridge. If construction of the bridge does not commence before December 31,2000. then in full satisfaction of any obligation to contribute towards construction of the bridge, Pearce shall make an unrestricted donation of One Hundred Thousand and No/100 Doliars ;1 . . - ($100,000.00) to the Pitkin County Open Space Board and any "Security" provided by Pearce C/./.' r.;? in accordance with Paragraph 14 for the construction of the bridge (including the $175.000 vlt (~ which was initially earmarked for construction of the pedestrian underpass) shall be returned M to Pearce. (b) The C~y acknowledges a.nd the parties agree that upon execution of this Amendment Pearce wili have provided an aggregate of $275.000 as Security (as defined in Paragraph 15 of the SIA) for the construction of the Maroon CreeK pedestrian bridge (Le.. $100,000 that has always been earmar~ed fer the pedestrian bridge 2 _I."." ":'~ :p"j:~ : f) : ~ :;' pillS the $175,000 described in Paragraph 2.1(b) above that was initially earmarked for construction of a pedestrian underpass), but that only $100,000 of such amount shall count towards satisfaction of Pearce's obligation under the first sentence of Paragraph 8 of the SIA. As an example and for the avoidance of doubt, upon completion of the bridge in accordance with Paragraph 8 of the SIA, the City shall use the $275,000 provided by Pearce as Security and Pearce shall pay the City an additional $200,000. if construction of the bridge does not commence by December 31, 2000, the C~ shall return $275,000 to Pearce and Pearce shall make an unrestricted donation of $1 00,000 to the Pitkin County Open Space Soard. 2.3 Relocation of Governmellt Trail. Notwithstanding anything to contrary in the SIA, Pearce shall meet with the United States Forest Service (the "USFS") with respect to the proposed relocation of the Government Trail as shDwn Dn Exhibit A heretD, in Drder to develop specifications for the trail (e.g., alignment, dimensiDns, etc.) that will be apprDved by the USFS (and any Dther govemmental agency or agencies whose consent may be required). Promptly after Pearce notifies the City that USFS. approved specificaticns have been developed, the City shafl prDcure, at the City's CDst and expense, any and all access easements that may be required to relocate the Govemment Trail accDrdingly (whether Dr nDt such easements are IDcated Within the City). After all required consents. agreements and access easements have been obtained and/or prDcured, Pearce shall be responsible, at Pearce's cost and expense, fDr relocating the Government Trail in accordance with the USFS.approved specifications. 3. MISCELLANEOUS. 3.1 ReDresentations. The City represents to Pearce that the City has full authority to enter into this Amendment and that the recitation in Paragraph 1.1 (b) is true 3.2 Defined Tenns. Capitalized words and phrases used in this Amendment and not otherwise defined shall have the meanings given to such words and phrases in the SIA 3.3 CounterDarts. This Amendment may be executed in any number of cDunterparts and each such counterpart shall be deemed to be an original. 3 ::'.:.;8 ~:,~ Fl.:'!.-{: "'.) ;-":'~ ~ - - ~ ;" ,-" ,< n ":.~ "'. " ',- IN WITNESS WHEREOF, this Amendment to the Subdivision Improvements Agreement for Maroon Creek Club is executed the day and year first above written. CITY OF ASPEN, COLORADO ATTEST: By: Name Title By: Name nle PEARCE EQUITIES GROUP II LIMITED LIABILITY COMf>ANY, a Utah limited liabiltty company By: James T. Pearce, Jr., Member snn or COLO~DO ) )65 COU\lTl' or Plnllll ) The foregoing Instrument was acknowledged before me this _ !Ia,. of , 1998 b)' as for the Clt~ of 4spell, Colorado. WlTIlI[S8 my hand and olTlclal seal. I'1y commission expires: Notary PUblic 8TATrorCOLO~ADO ) )ss 4 .,--.~, .. _.. -f'.,f ,. '" =F.Ol{; S<~~':: """ - I::' .'~ rf." COU"ITl'or PITKI~ ) The foregoing Instrument was acknowledged before me thls_ day of , 1998 by James T. Pearce. Jr., ~ember of Pearce [quitles Ciroup " Limited Liability Company, a Utah limited liability company. 'It1T~[88 my hand and oMclal seal. i'1y commIssion expires: ~otary Public s ~, ~ - t '1-..... r'i. rxNIBIT A. DescrIption of Government Trail as relocated M:U<tt1"O'lf!l'\Vy;S"';'\!HIMA'lOO\'IDCCS'lGia. al'l'ln3 'M:d 6 .~ ,......". v " J :'.- . 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I It\( I r--l If) ~',\ h, / ("\\ / V..e(/- I c~ !' c:\ ~.1 / ~ . ~ ~ofn/f( ,\~~hi~n~~~~ ~ <- fv:~I}&~''^WaJ-€-v P~~t-M<e~ {- vi Cc",d!u \ +- Co";n,.,,d,~ ~.. S/lI2LfV'('c. C60d CA.('; ~. C 8 '-'\ + QCf:'~ l-! ofy Lv'c:> <C:'i L~aJ f--'{ 5 ? 1- ~vv\~Lf~~,LA-CY Ue~'ic/~ c.ee V\. ace esS M t G dC/uti ~~ n'I~' ~ \ ( /)/ Q(A +-6 C()~cy~oE 11'05 r ()~. Coy.lrri5! r;, I' L ~ \1><0- o.ppfo~e& /6V IV i Cf\ )f - (;V\ ~~ f A .s 1-//0 C0J J ~. f""'" , t"""l MEMORANDUM TO: Plans were routed to those departments checked-off below: X ........... Community Development Engineer X......... City Engineer o ........... Zoning Officer o ........... Housing Director o ........... Parks Department X ........... Aspen Fire Marshal o ........... City Water o ........... Aspen Consolidated Sanitation District X ........... Building Department 0........... Environmental Health o ........... Electric Department o ........... Holy Cross Electric o ........... City Attorney 0........... Streets Department o ........... Historic Preservation Officer o ........... Pitkin County Planning FROM: James Lindt, Planner Community Development Department 130 So. Galena S1.; Aspen, CO 81611 Phone-920.5095 Fax-920.5439 RE: Maroon Creek Pedestrian Bridge Stream Margin Review Exemption Parcel ID. 2735-142-00-851. 2735-112-09-055 DRC DATE: May 1, 2002 DATE OF REFERRAL: April 25, 2002 COMMENTS DUE: May 10, 2002 ~ LAND USE ApPLICATION PROJECT: f') ~: Name: Location: Maroon Creek Pedestrian Bridge Iselin Park Recreation Complex (Indicate street address, lot & block number, legal description where appropriate) ApPLICANT: Name: City of Aspen Parks & Recreation Department Address: c/o Jeff Woods, Manager, 585 Cemetery Lane, Aspen, CO 81611 Phone #: 920-5129 REPRESENTATIVE: Name: Tom Newland, Newland Proiect Resources, Inc. Address: 417 Original Road, Basalt, CO 81621 Phone #: 927-4645 or 618-9922 TYPE OF ApPLICATION: (please check all that apply): o Conditional Use 0 Conceptual POO o Special Review 0 Final POO (& POO Amendment) o Design Review Appeal 0 Conceptual SPA o GMQS Allotment 0 Final SPA (& SPA Amendment) ~ GMQS Exemption 0 Subdivision ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes Margin, Hallam Lake Bluff, condominiumization) Mountain View Plane o Lot Split o Lot Line Adjustment o Temporary Use o Text/Map Amendment o Conceptual Historic Devt. o Final Historic Development o Minor Historic Devt o Historic Demolition o Historic Designation o Small Lodge Conversion! Expansion o Other: EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PUD and the final plat of the Maroon Creek Club. Vacant land approved for the placement of a pedestrian bridge through the Iselin Park PROPOSAL: (description of proposed buildings, uses, modifications, etc.) ski area. Placement of a arch-deck pedestrian bridge between Iselin Park and the Tiehack Have you attached the following? o Pre-Application Conference Summary o Attachment #1, Signed Fee Agreement o Response to Attachment #2, Dimensional Requirements Form o Response to Attachment #3, Minimum Submission Contents o Response to Attachment #4, Specific Submission Contents o Response to Attachment #5, Review Standards for Your Application FEES DUE: $ r-, j () ATTACHMENT 1 ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen Development Application Fee Policy The City of Aspen, pursuant to Ordinance 57 (Series of 2000), has established a fee structure for the processing ofIand use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. Referral fees for other City departments reviewing the application will also be collected when necessary. One check including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the Aspen/Pitkin Community Development Department. Applications will not be accepted for processing without the required application fee. A flat fee is collected by Community Development for Administrative Approvals which normally take a minimal and predictable amount of staff time to process. The fee is not refundable. A deposit is collected by Community Development when more extensive staff review is required, as hours are likely to vary substantially from one application to another. Actual staff time spent will be charged against the deposit. Several different staff members may charge their time spent on the case in addition to the case planner. Staff time is logged to the case and staff can provide a summary report of hours spent at the applicant's request. After the deposit has been expended, the applicant will be billed monthly based on actual staff hours. Applicants may accrue and be billed additional expenses for a planner's time spent on the case following any hearing or approvals, up until the applicant applies for a building permit. Current billings must be paid within 30 days or processing of the application will be suspended. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. In no case will Building Permits be issued until all costs associated with case processing have been paid. When the case planner determines that the case is completed (whether approved or not approved), the case is considered closed and any remaining balance from the deposit will be refunded to the applicant. Applications which require a deposit must include an Agreement for Payment of Development Application Fees. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application and fee in order for a land use case to he opened. The current complete fee schedule for land use applications is listed on the reverse side. r'1 1'1 ASPEN/PITKIN COMMUNITY DEVELOPMENT 2001 LAND USE APPLICATION FEES CA TEGORY Major Minor Staff Approvals Flat Fee Exempt HPC Minor HPC Significant HPC <1000 sq. ft. Significant HPC >1000 sq. ft. Demolition, Partial Demolition, Relocation Referral Fees - Environmental Health Major Minor Referral Fees - Housing Major Minor Referral Fees - City Engineer Major Minor Hourly Rate HOURS DEPOSIT 12 6 2,405.00 1,205.00 500.00 500.00 1205.00 2405.00 2405.00 FLAT FEE 280.00 70.00 345.00 180.00 345.00 180.00 345.00 180.00 205.00 n" ~ ASPENIPITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY 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 CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission andlor City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY'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 $ which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $205.00 per planner hour over the initial deposit. 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, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT Julie Ann Woods Community Development Director ." ~G(J, Date: ~c/ i S.)()Z / By: Mailing Address: g: Isupport\forms\agrpayas.doc 1/10/01 I) 1""'\ "",} ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Project: Applicant: Location: Zone District: Lot Size: Lot Area: Maroon Creek Pedestrian Bridge City of Aspen Parks & Rec. Dept.. c/o Tom Newland Iselin Park Recreation Complex East side: P (Park); west side WFPD (Wildlife Preserve, PUD) not annlicable - no floor 8rea to c.8111C'l.qtp. not applicable - no floor area to calculate (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Number ofresidential units: Number of bedrooms: Existing: Existing: Existing: Proposed: Proposed: Proposed: *** *** *** Proposed % of demolition (Historic properties only): n/ a :** Allowable: Allowable: Allowable: Required: Required: Required: Required: Required: Required: Required: Required: Combined Sides: Existing: Required: These dimensional requirements pertain primarily to buildings and are not applicable to this pedestrian bridge. Existing non-conformities or encroachments: None. DIMENSIONS: Floor Area: Existing: 0 Principal bldg. height: Existing: 0 Access. bldg. height: Existing: On-Site parking: Existing: % Site coverage: Existing: % Open Space: Existing: Front Setback: Existing: Rear Setback: Existing: Combined FIR: Existing: Side Setback: Existing: Side Setback: Existing: Proposed: 8,400 sf (bridge deck Proposed: 170 ft. (above creek) Proposed: *** Proposed: *** Proposed: *** Proposed: *** Proposed: *** Proposed: *** Proposed: *** Proposed: *** Proposed: *** Proposed: *** Variations requested: None. t"") '" ,. .1 , .",/ ATTACHMENT 3 MINIMUM SUBMISSION CONTENTS I. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 2. The street address and legal description of the parcel on which development is proposed to occur. 3. A disclosure of ownership of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. An 8 I/2" x II" vicinity map locating the subject parcel within the City of Aspen. 5. A site improvement survey including topography and vegetation showing the current status of the parcel certified by a registered land surveyor, licensed in the State of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) 6. A site plan depicting the proposed layout and the project's physical relationship to the land and it's surroundings. 7. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. ,....., (") 1. Authorization to Represent r-, I""'j , jj April 10, 2002 Tom Newland Newland Project Resources, Inc. 4 17 Original Road Basalt, CO 81621 RE: PERMISSION TO PURSUE LAND USE APPROVALS FOR THE MAROON CREEK PEDESTRIAN BRIDGE Dear Tom; The City of Aspen is the owner of property known as Iselin Park and the holder of an easement to construct a pedestrian bridge on Common Lot Q of the Maroon Creek Club PUD located within the City of Aspen, Colorado. The State Parcel Identification Numbers for these parcels are 2735-142-00-851 and 2735- 112-09-055. Please accept this Jetter as formal permission for Newland Project Resources, Inc. to represent the City of Aspen in pursuing a Stream Margin Review Exemption for the Maroon Creek Pedestrian Bridge Project. I hope this letter is sufficient for your needs. If you should have any questions, please contact me at 920-5129. Sincerely, ~ctJ'EN PARKS AND RECREATION DEPARTMENT ~OdS' Director cc: City of Aspen Community Development Department (attachment to land use application) ,I"""\, n" , j 2. Maroon Creek Pedestrian Bridge Address and Legal Description Street Address: Located on the west side of the Iselin Park Recreation Center approximately 0.80 miles from Highway 82 on Maroon Creek Road, Aspen, Colorado. Leaal Descriotion of Prooertv: Iselin Park Property: Parcels of land as depicted on the Iselin Park PUD Final Plat, recorded in Book 58, Page 13 of the Pitkin County Clerks Office (attached). Maroon Creek Club Property: An easement as depicted on the Maroon Creek Club PUD Plat, Book 33, PageS SOf the Pitkin County Clerks Office, more specifically located on Common Parcel Q of the Maroon Creek Club PUD. , 1"""'\ '';J-')'':$~ .;"~t PLAT\. NOTES ~lArlO'6, lENT R:><Tlo-J5 RO'.C\5, !-'\ENT TO oIER AND ENI/El..Cf"E5 ~5 ,~ND 56 oIeR: IaOES5 :yFOR: iN, lr.5€,.. CE THE 6OlF, :0 eeNEF'T ,ERMANf:NT 'o/T5AND ,~M"" -'REA IL Y lOTS "" f5 17, 18 A'JD A5 &H:>WN E (O.l5TRtOiO<. o liVlXE>1ENf . LIMITeD TO... GREEN:; ,wv _F - ~t..ATeO ;ART....O FLA65 LIKE ('rHE R'5 rF ,<=.;.lNGU 'e NO RI""'T5 ,; IN 11-lE :~, jT DVLY rPrT'ldN~ GES d' NAMES , THIS PLAT <Y CT PF15reJ< ::J# COURT, 0' neWGI< !:RIve '-'5E>1eNT5 fOI< r-lERIFF, FIRE :MllAR , THE L-\ND5 f5 WHICH . o ENreR UI"Cr" T'5 AND IN Tl-1E LA\v'fIJl IE FCUD'^'lNG LL'( TfJn.1iN'1TCO I PLAT5 ( 1l41~ PlAT' ~.,~K PAG!: 160 ,'IN f'VIT e<D1< .e 1I!'ll:Xl>'l ~ AT PAlSE ~"",~D F.l'.N6 No. 2 "';ANO,>t1~ '61: .., 15 ml5 PlAT (E) LICEN5J;. -'6R:EEMENT .~ 5T}'6E r<o0 R~O IN ecoo:..'1lI'IAT p~ .UA. ~k;'~:n~ "''''''ME....,. RECORPEO, IN e<::oK'13!;IAT (6) FlfMr~ eASEMENT ~ ~FD::N CREEK m:oRO:D IN eaJK,:JQAT P;'6E -'o!.I!L.. , (H)J'6R~.1OREa2N"I'YMe.: T'V,.l RE::OROED IN =j<'~3A.AT PI6E~.~_.. (,) ~OIC TRAIL ~l'IENT R:::R col.f a:xJr<:eE m::CJ?CED IN e.:::a<:1>>AT r'AGE~Il~L (j)1<O'\D EA5e>1ENT ,..,..;ee>1ENT GRANTING ,..,.""""lLJSNE EASEMeNT OVER TIE' lACK ~D "'" lH: USE ,.....p eENEeT ry' aJi"1Mt..NlIl' HeALTH ~S, ,,,,,",,,, ~D IN ea:x!L5iMT P~=".. 22. ro:: ~ ~,J.!:tI5l1.AT ~~g_~ ~Q~ ....ND RE;eEF:.\I\,,ONe V"'; I n::::RTH nL-N::IN, CWf"CR ~u. MEAN ""D I1EFER 10 PeAJll::~ eaUITIES GR:Lf"1I UMITeD UAe>ILIT"f COMf'l',N1' I'ND A 5lJCCE55CIR AND ",*"IGN OF ONNER 8H'\LL ee DEeMeD A 'Si~ AND A551GN.9'::!l'(.Jh~I~resI6N1'\reu P.>Y ~ ~ ''''''~W'L''' RCCOR IN 11-lE REAl ESTATE RI"'CClRD5 a PITKIN 0:Ji.h.m' IX> ,...0 CNl.Y WITH RESPlXT TO THe pm.cUlJ'R 1<lGHT6 CI< ~RI51'5 5I'!:CIFICALl Y QE5lGWITEO Tl-1!:1':r'N. 23 o.vNef<.<...!'T5 5lXCE~,....o J65l6N5, ~E5 THE .._T 1U f<E\.cX;I'J'!: AN'(~M~ RJ6HT5-cf'-WA'( ~ ~ FI:A~ ~ aol THG:> Pl.AT 10 HaRE' ICCliRATELYte'ICT THE A5-elJILT ~~, IF I"NY IiD'>05 ~ DRIII!:WAY'!' _ e)iXJ:T ~ UIO-l ,oN( lOT 16 A I1eaJLT CF THe Cl:J'6rRU::f.CN ~ A VALID ~eNT FOt SlXI-I ~I'1ENT ;NO rv< THE MAI~,~" If'CJ REf'I.J'OCEMENl' THE"""'" ~ e"~ R:lI': so LONG A5 .5UC'" IIO'D titW.L E><15T; IN;) tu:H ~MaolTAND~l!' 5tW.L t-Dr I>1PAlR THE K<\RI<ET_LITY OF TttU: 'i:> aa; lDI". ,06 'i:> u:>r 4'l CNLY SI..CH e...c~H>1ENT ~ 5A.5EMENT 15 w>1lreo TO i-i.w T'E> "CI< f1Cl'D AND THE P^""INIS flAC'LIT'f 10 foe Q:>N5TR\_lCl'eo co.. lDI" 14-, 24 o.vNER ~ THE RIGHT 10 ReLOCATE THE EA~T ~ THE ~ ~ F\':OE5~lAN ~IOOI: AND TRA'L5 LINKING 'mE el<1D\Se 10 THe Zl'\BE a THE TIeWGI< 6KI.1---' ""'D PU&UG TRAILS ALL 16 5K>WI'l CN e.-ieET.3-CF TI41e. PlAT - H:WEIi~ AN'( REl.CO'Tia..J HV5T Rel"IAIN IN COMMoN'~PAICEL Q rN:J WI11'lIN IoN I'REI' 5EVf:N1Y-FIVE' FEET 05' XVTHCF 11-lE)=am-I LINt'. CF LOT I.. AND - NT1'- FIVE FEET (75' l'<:Jf<TH ex' ne >OtTH LlN!:. a lOT e AND "'....LL I'OT 1NT!:RFEl<E WlTl-1 TH!: Aef"EN ei<11 NG QJMPANi ~MP STtVlON c~ "CCE55 ~ero 25 ()Y'{NEf<5HIPCl" AN'( 51Nc>LJ: !;'.H.L'( LOT, ~E ~ ~ fO,Je<N1S IC'T El<CLuDE5 AlL WA1'5: AND WATEI< 1I\6HT5, D11l::H ,<\ND DITCH RlGHT5., SFRINIS !NO .;FRlhG ...6I-I~...!~0 _Tl'R IH) ~O WAre.. R16I-I1'5, r=:;>CJ<VVlI't AND ~R ~ RIGHTS,...u CF I'Ml;H ARe J<E5eRVEO 'It)~, 1'0 INDIVlol.l^L WELL& MAY ee ~ILLC!O aoll'N'r ;SiNGLE ~~.'6: lDT~ CF .5INGlZ fl'IMIl Y' wr5 ee =~IP.>Le R::f(ll'E a<~a WAT"'" 5EWER, I'NDAU O!'HER UTILITIes r'I'.'OO1 TIOUNI< LINes: f'E[:E5];4l.5 ~ V.....LT5 10 "TlJIt. evlLOlNG SITE':> 26 ne fOUDWlNGo 5HOlL a;:N!>TITtJI'E lOT, ~ H'O FDOO l%5I6NI'\TlON6 R:lI': '!He ",",,",1<fT' A5 6HCWN aol TH'S .v.T' .. (A)6INGLE !;'.HILY' 1.0'\'5 I Tl-1~H '2, 1(., ...ll'l""'-"H ~,.,..o)2 ~4& (..)~ l-\:lU6INIS' LOTS I~ANO'" 27 LOTS 1 n..i,R(A..,(ft-i ...loB AND ~ THF<Ot..6H 52 ,AND ~L5 A THF<D...-\:JH U ARe ALL PART CF THE COt-1~ iNTERE51 COMMt..NITY (A5 TWlf IER<1 15 reFINED IN THE = aJMi'1CN INTEREST c:wr-.€I<5HIP ^,,-T) TDP-E t<N?VVN K) ~Fa::J::::N CReEK Cll..Jf!> LOT" 44 15 N:JT ^ f?'IRT CF THECDI"IMcN INTEREST QJt-1MUNITY fO ['f" l<N?NN ,NO W>RcOJ C.REEK CLcA;, 28 LOTS 1 T~ IGo, 41 rH~H 48, 5l AND 5'2,r\NO fl'RCEL5 A Tl-1=x.H .,) AND 0 THRDlGH U ,ARE ALL 1l4E REAL E5TATe NOT 5UP.>JECT TO revElOP>1eNT RI0HT5 (If"> T""T TERI"I 1& DEFINEO IN THE COlORADO COM~ INTEREST CWNER&HIP,ACT ), THe lDCt'>T ION5 ""'D Di""~ ex' \IIH ICH ARE 6H:JWN ON 8HEE"T5. _1l-R:>l.t::1H~_a THI5f't...A.T. LoT~ 17 i5, ItJO 1"1 -<>,~O 5:>. !\NO P.'~~5 ~ TH~ N ,AKf' A.!..!. n-Ie ~cAi.. E,:,IATe ~ 10 rev'E~MENT i'1GHT5, THE =^1'iONS ^",D DI"'E~5 CF WHiCH I'f:e 5H7NN CN 5HEEr&_L~-~--.O' THIS PlAT F ",\ t E 8~ ~! ~ '" E. 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'-= ~.,~; =~a ~ .1. i~ ~~:,!!,~~~~~~,'I~lle.r~~~1i ;:1: st~f; ..~= il!1 :1 ~~!i~!h~~~~i;~i~!U~;b!~ i~i!lhe= e:1 E~ li ~I li~~i:iii~!J;~i~i~~~;!I~~ r;;=E~U~U 3~ eo: I~ ~l :: ..~~~s~~~~i~i~in!~i~;~~i!!i!! :~"iEiEh =~e .:l ~~ ~ ~~~~~f~"a ~~ijhh~~all~~ee ~~"!i"il!~~~ ~1lA; '" E~~! ~i Ul<i~~aih~~~;i!!!i!!!i!!l<i;~m~~ ~:~~:i~80 t!~ t~E ~ It; ~~ :a ~~I~:~~H~~~;~!~!~!l!~~~~~ ~=~~~iBll e~ ~ ~ !Jj~ I~ ~! ~huU..~II:,i~~~~d5h.i!!a ~~~~~~!I>i~ EE~ ~ EE~I< h h~~~hSS~~..~!~I~I~Q.!~~~~ !Jjb~t~.; ~ ~~il tl .... Q~ ~~ .",~~~hn~'!i~ hh~~~ ~~~'t ~..;o:t"i!;~.... ..a .. ..~ -~ .~ ~~~~~i!!~~~;:~S"~~''''~ij~~~a!~ ~~"""a"~ tlE,g ~ n I, ~~ i!!~~~~~~~~~~e;!~ft~ftl~~~~S'i!! a~~~t!~~~tl 2 ~ . ~ ~~;~ is ;ii;~~~~i~~i!i~I~1 ~:~~k~~ :hE~~~~~ !~~~ ~ ; lib ;~ ni~Hdi:!!ni:i:lnn~U~ ~~UiE~iE ii:~ ~ ~ ~ ~ ~ *' ~ ~ ~ i: " " .... .. Cl ~ ~.. t ~ II'" e a \:i! ~ b ii b r II ~~... =~ E~ ~.~ d!!! l:!"'0l ..~.. l".I~_ i!; .. =e~ .E~:g tl:ltl ~~~ iilt::;.1 el::~ ~=I:: .."I:: c>-.~ t.... \::=~ ilrz1:;, :;&.1....\ ..:!", ......' l!: ~, UI:;, =iE: ia.. ~~~: ~!;!.i..' .1..l;l , El ' ..~ ' ;~~ i~1 ~=~ Ut ..!:l Ed 1""'\ i f) 3. Disclosure of Ownership ~ fJ (Signed Letter Forwarded Directly from City Attorneys Office) James Lindt Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 February 16, 2002 RE: DISCLOSURE OF OWNERSHIP - MAROON CREEK PEDESTRIAN BRIDGE Dear James; Please accept this letter as demonstr<ltion of the City of Aspen's ability to construct a pedestrian bridge on two parcels of land located within the City of Aspen. The pedestrian bridge will span two properties: 1) Iselin Park property: This parcel is owned by the City of Aspen. No mortgages, judgments, liens, easements, contracts or agreements affect the City's right to use this property for construction of the pedestrian bridge. 2) Maroon Creek Club Common Lot Q. The City of Aspen has been granted an easement to place the pedestrian bridge over this commonly held open space parcel. No mortgages, judgments, liens, easements or contracts affect the City's ability to use this easement for construction of the pedestrian bridge. The Subdivision Improvements Agreement as amended for the Maroon Creek Club PUD lays out the procedures required for the City to utilize the easement. This agreement is attached for your information. The City has gained approval for the design of the bridge and has entered into a Construction License with the Maroon Creek Club Masters Association as required by the terms of the Subdivision Improvements Agreement. I hope this letter is sufficient for your needs. Please contact me if you have any questions. Sincerely, John Worcester, Attorney 4. Vicinity Map t""'l f) --"" '\ r~ / , ~ I r IV ./"""\ \ j -'1 ~1 ~~ ,~ \] -I ~, ~., -~'," ')1: , , " II ] ~ '" o[ ! iHl g ~H, , tin 1:},n !~ r< I H~ BI I f ldi !] i """-r z~ ~ ..""".", I o r) ..,) i~ " ,. __'O:~ "Y_.i_-::;~~_""~,,,,~ '-.. ~, " -""~... ('""I t""') 5. Site Improvement Survey 0 <: 0 ~ :::s::: u l.LI .....J <: I.-' Vl ~ :c 0 l.LI l.1.J ~ l.1.J l.LI > ~ ~ l- I- ce l- 0:: IIII C>''''"' . .,.".'..~...^.,:,.~.<. . .,.,~;,.-,.: /< }/ r-I /-.- III /~? A1~' / ( j' ~/;'1f /f/,/?/f \ l 1'-11('/ I I '~'?./' ~t ~ 1/('''' / / '" ~,\ I~. (--~J ~ --.. ".... ':z.~~/8"Cf~:;;;---.,_._ .... ~. "",*"'i:..;.~_ ....... ,~. '.,"...'S- ........ '~ ---- ---'''--- ~-,~- ""''''''-,*",.. -. -- ......-......... ----..... ----. 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"'I c , " . , ~I il U \ , ~ , , , r-- ~I I "' i , ~ , ~ I ~ , c ~ , v . ~ .. , i "' '"' , '"' / , I \ , , i , -1~ , , I I I "' I C I . \ I OS6~ "' I '"' ~ , , ......... , I , \ , ~ , , " '" ~ ~ '0 '" " ,e .- 00. ~~ ~:: , " ''', I o 0 u o w " E E 0 ~ , 0 " <; w_ '0 u-, o~ 0 ~ ~~ .;; N~ ",C; i~ - ~ o u " ... " 0. o~ -~ 0- 0> o ~.~ ..'" J: ut m e>> ::) II:a .. .. .. ! .. o u ~ u ~ .., I) ! ATTACHMENT 4 Specific Submission Contents Exemption from ESA Review By Community Development Director The request for Community Development Director approval of an Insubstantial Amendment or Exemption shall contain the following items: 1. A written description of the existing conditions on the property which are requested to be altered via the amendment or exemption. 2. Such site plan drawings or elevations as may be necessary to adequately evaluate the proposed amendment or exemption. 3. A listing of all previous development approvals granted to the property, with the approximate dates of said approvals. 4. A copy of any recorded document which affects the proposed development, including but not limited to recorded plats, agreements and deed restrictions. If changes are proposed to said recorded documents, these should be "red-lined" onto a copy of the original document. 5. A written response to the applicable reyiew criteria (attachment 5). r') ATTACHMENT 4 MAROON CREEK PEDESTRIAN BRIDGE PROPOSAL 1. Description of Proposal The City of Aspen is proposing the placement a pedestrian bridge from Iselin Park across the Maroon Creek canyon to the base of the Tiehack ski area. This bridge will serve to complete a missing link in a multi-purpose trail system that accommodates walkers, runners, bicyclists, rollerbladers, skiers and equestrians. Existing multi-use trails provide access to the east and west ends of this future bridge. Anticipated improvements to the trail systems on Tiehack/Buttermilk Mountain and the Maroon Creek/Castle Creek corridors will increase demand for the connection this bridge will provide. There is currently no safe, convenient trail connection between the Iselin recreation complex and the base of the Tiehack ski area. There is a primitive, severely degraded single-track trail that drops down into the Maroon Creek canyon, crosses a bridge constructed by the United State Forest Service (USFS) and then climbs back up the canyon. In addition, there is currently no safe, convenient Nordic ski trail connection between the Nordic trails on the east side of theM.aroon Creek c~lnyon and the Nordic ski trails located at the base of Tiehack mountain on the Maroon Creek Golf Club. The existing Nordic ski trail connection is very steep and narrow and does not allow for passage of snowcats for trail grooming. The new bridge will provide a safe convenient connection between the two Nordic trail systems for both skiers and grooming equipment. Plans and renderings for the bridge are included within ATTACHMENT 3 of this application. 2. Site Plan Drawings Drawings and a rendering of the bridge are included within ATTACHMENT 3. 3. Develop Approvals for the Properties o Iselin Park PUD, 2000. This PUD approval allowed the City to move forward with recreational improvements to Iselin Park, including an indoor ice rink, swimming pool and recreational facilities. The Maroon Creek Pedestrian Bridge was also a part of the PUD plan. o The Maroon Creek Club PUD, 1993. An easement, granted on the final plat, allows Pitkin County to construct a pedestrian bridge on and over Common Lot Q. The annexation in 1996 of the Maroon Creek Club transferred the pedestrian bridge easement to the City of Aspen. o An amendment to the Maroon Creek Club Subdivision Improvements Agreement, dated February, 2000, sets out the provisions under which the City may gain access to construct the bridge. 4. Recorded Documentation Included within ATTACHMENT 3 of this application are copies of the recorded plats of record regarding the Iselin Park property and the Maroon Creek Club property. t"i ('''\ \-,........", A TT ACHMENT 5 Review Standards: ESA Exemptions by Planning Director The expansion, remodeling or reconstruction of an existing development shall be exempt from ESA Review if the applicable standards below are met. Please respond to the appropriate criteria: 8040 Greenline Review Exemption. I. The development does not add more than ten (10) percent to .the floor area ofthe existing structure or increase the total amount of square footage of areas of the structure which are exempt from floor area calculations by more than twenty-five (25) percent; and 2. The development does not require the removal of any tree for which a permit would be required pursuant to Section 15.04.450 or the applicant receives a permit pursuant to said section; and 3. The development is located such that it is not affected by any geologic hazard and will not result in increased erosion and sedimentation. Stream Margin Review Exemption. 1. The development does not add more than ten (10) percent to the floor area ofthe existing structure or increase the amount of building area exempt from floor area calculations by more than twenty-five (25) percent; and 2. The development does not require the removal of any tree for which a permit would be required pursuant to Chapter 13.20 of this Code. 3. The development is located such that no portion of the expansion, remodeling or reconstruction will be any closer to the high water line than is the existing development; 4. The development does not fall outside of an approved building envelope ifone has been designated through a prior review; and 5. The development is located outside of the ofthe special flood area and more than one hundred (100) feet measured horizontally from the mean high water line of the Roaring Fork River and its tributary streams, or the expansion, remodeling or reconstruction will cause no increase to the amount of ground coverage of structures within the special flood hazard area. Mountain View Plane Review Exemption. Exempt development includes the addition of any mechanical equipment to an existing development which protrudes into the view plane, except for the following types of equipment: 1. Satellite dish; 2. Elevator shaft; or 3. Any other piece of equipment whose height and mass are found to be of such significance in their effect upon the designated view plane that their review pursuant to the standards of Section 26.435.050(C) is required. Hallam Lake Bluff Review Exemption. Exempt development includes the exterior expansion, remodeling or reconstruction of an existing structure or development, or the removal of trees or shrubbery, jfthe following standards are met. I. The development takes place more than thirty (30) feet from the top of slope, or the development is obscured from the rear slope by other structures as determined by a site section provided pursuant to review standard (C)(7) below. C.7. Site sections drawn by a registered architect, landscape architect, or engineer shall be submitted showing all existing and proposed site elements, the top of slope, and pertinent elevations above sea level. I) () ATTACHMENT 5 MAROON CREEK PEDESTRIAN BRIDGE PROPOSAL 5. Explanation of Review Standard Compliance The design proposed for the bridge will span Maroon Creek from the top of the canyon walls. The design to be used is known as an "arch-deck" design and is depicted on the site plan submitted as a part of this application. This arch-deck design requires no piers or supports into or near the course of Maroon Creek. Because of this, no impact will result to the f100dpiain and riparian areas associated with Maroon Creek. The following is a response to the review standards required for ESA Exemptions by the Planning Director: 1. The development does not add more than ten (10) percent to the floor area of the existing structure or increase the amount of building area exempt from floor area calculations by more than twenty-five (25) percent. The development proposed is a public pedestrian bridge and floor area calculations are therefore not applicable. 2. The development does not require the removal of any tree for which a permit would be required pursuant to Chapter 13.20 of this Code. The bridge has been positioned on the site so that none of the existing trees (spruce, scrub oaks) will be removed. 3. The development is located such that no portion of the expansion, remodeling or reconstruction will be any closer to the high water line than the existing development. No existing development is present on the project site. 4. The development does not fall outside of an approved building envelope if one has been designated through prior review. The proposed development is contained within the defined limits of the easement granted for placement of the pedestrian bridge. 5. The development is located outside of the special flood area and more than one hundred (100) feet measured horizontally from the mean high water line of the Roaring Fork River and it's tributary streams, or the expansion, remodeling or reconstruction will cause no Increase to the amount of ground coverage of structures within the special flood hazard area. The entire structure of the bridge is located outside of the 1 DO-year floodpiain of Maroon Creek as defined by applicable studies (see attached floodplain mapping for the site). The mean high water line of Maroon Creek at the project site is approximately located at the 7870" elevation. The lowest point of the bridge structure will be the bottom of the arch support beams, which are located at the 7975' elevation, approximately 105' above the high water mark (please see the attached site plan). ~/~ ~~~96 0'. ' @ 7809 ZONE AE o , LIMIT OF DET Al LED STU DY ZONE X -ZONE A ~S\\E: ~,,~..\ "~ ~ ~ "~ \~ '~'~~-:: " " ~ ~ 'r." "I,- CITY Or- ASPEN-- OR0143 ~~ ZONE X Floodplain Mapping for the Maroon Creek Pedestrian Bridge 1" = 500' / . /'