The URL can be used to link to this page

Home My WebLink AboutLand Use Case.1201 Tiehack Rd.A073-02Lul y, LVIELIUU'l LICCK LIUO 1111Â¥. AUJUSLIIICilt - 2735-113-09-009 A073-02 1.Zo l,\4LLel, 1), - 1 , 1 ' *1*!ded/ES A 1 CASE NUMBER A073-02 PARCEL [D # 2735-113-09009 CASE NAME Lot 9, Maroon Creek Club Building Envelope Adjustment PROJECT ADDRESS Lot 9, Maroon Creek Club PLANNER Sarah Oates CASE TYPE Building Envelope Adjustment OWNER/APPLICANT Pearce Equities Group LLC C/o Garfield & Hect REPRESENTATIVE Bruce Hazzard, Design Workshop, Inc. DATE OF FINAL ACTION 11/19/02 CITY COUNCIL ACTION PZ ACTION APPROVED ADMIN ACTION BOA ACTION DATE CLOSED 03/04/03 BY D DRISCOLL PARCEL ID: |2735-113-09009 DATE RCVD: |9/3/02 -- # COPIES:F- CASE NO|A073-02 CASE NAME:~Lot 9, Maroon Creek Club Building Envelope Adjustment PLNR:~Sarah Oates PROJ ADDR:|Lot 9, Maroon Creek Club CASE TYP:~Building Envelope Adjustment STEPS1 OWN/APP: Pearce Equities Gro ADR~601 E. Hyman Ave C/S/Z: |Aspen/CO/81611 PHN:~ REP:|Bruce Hazzard, Design Work ADR:]PO Box 15964 C/S/Z:~Asheville/NC/288'13 PHN1(@00*27-.-7 FEES DUE:~500 D 180 E ' FEES RCVD:|680 STAT: F- REFERRALS| REF:] BY] DUE:| MTG DATE REV BODY PH NOTICED | DATE OF FINAL ACTION:| CITY COUNCIL: REMARKS~ PZ: BOA: CLOSED:| BY: | DRAC: PLAT SUBMITD: ~ PLAT (BK,PG):| ADMIN: RESOLUTION N0. 31 (SERIES OF 2002) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING AN AMENDMENT TO THE MAROON CREEK CLUB PLANNED UNIT DEVELOPMENT TO AMEND PLAT NOTE 5 OF THE MAROON CREEK CLUB PLANNED UNIT DEVELOPMENT, CITY OF ASPEN, PITKIN COUNTY, COLORADO. 2735-113-09009 WHEREAS, the Community Development Department received an application from - the Pearce Equities Group II LLC, represented by Design Workshop, to adjust the building - envelope for Lot 9, Maroon Creek Club PUD and to amend Plat Note 5 of the Maroon Creek Club Planned Unit Development (PUD) plat; and, WHEREAS, pursuant to Sections 26.445, the Planning and Zoning Commission may approve an amendment to an approved Planned Unit Development, during a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Staff, and recommendations from relevant referral agencies; - WHEREAS, the Community Development Department reviewed the request for an amendment to the Maroon Creek Club PUD to adjust the building envelope for Lot 9, Maroon Creek Club PUD and to amend Plat Note 5 of the Maroon Creek Club Planned Unit Development (PUD) plat and recommended denial; and, WHEREAS, the applicant has requested the plat note be amended to read as follows: 5. With respect to single-family and townhome lots shown on this Plat, no development will be allowed within approved building envelopes on slopes exceeding 30% with the exception of Lots 9, 12 and 17 through 40 where any slopes exceeding 30% shall be graded pursuant to the grading shown on sheets 15 and 16 of the PUD plan; and WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Department, the applicable referral agencies, and has taken and considered public comment ata public hearing; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion ofpublic health, safety, and welfare; and, WHEREAS, the Aspen Planning and Zoning Commission eliminated the request to amend the building envelope for Lot 9, Maroon Creek Club PUD from the motion to approve; and WHEREAS, during a duly noticed public hearing on November 19, 2002, the Planning and Zoning Commission approved, by a six to one (6 - 1) vote, an amendment to 12/~2/~000~ ~9:43A 475979 SILVIA [4VIS . ITKIN CCJ TY 0 R 11.00 D 0.00 the Maroon Creek Club Planned Unit Development (PUD) for the purpose of amending Plat i Note 5 of the Maroon Creek Club Planned Unit Development (PUD) plat; and, â„¢ 2 Â® NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND % 5 s ZONING COMMISSION as follows: 0 Section 1 Pursuant to the procedures and standards set forth in Title 26 ofthe Aspen Municipal Code, the 0 amendment to the Maroon Creek Club Planned Unit Development (PUD) for the purpose of - amending Plat Note 5 of the Maroon Creek Club Planned Unit Development (PUD) plat, is approved with the following condition: 1. That a soil erosion control plan be submitted at the time of building permit application that meets with the approval o f the Community Development Engineer. Section 2: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Approved by the Commission at its regular meeting on November 19,2002. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: ,14 - L~ 47 9*3 2 kÂ« f c-Â·4 6-9 City Attorney Jasmine Tygre, Chair / U ~ ATTEST: *kiu M. (52'ackie Lothian, Deputy City Clerk 2 /-91- ll'I~ I'lll I'll-ml~ IlliN'lll #Ilmllv UlllIl Ff,79 - SILVIA DAVIS PiTKIN -,4 :i , MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Joyce Ohlson, Deputy DirectoOÂ¥) FROM: Sarah Oates, Zoning Officer 60 RE: Maroon Creek Club PUD Amendment - Public Hearing DATE: November 19, 2002 APPLICANT /OWNER: Pearce Equities Group II, LLC REPRESENTATIVE: Bruce Hazzard, Design Workshop LOCATION: Lot 9, Maroon Creek Club PUD CURRENT ZONING: R-15A PUD PROPOSED LAND USE REQUEST: Amendment to the Lot 9 Designated Building Envelope and Maroon Creek Club PUD Plat SUMMARY: The applicant wishes to obtain an adjustment to the designated building envelope to minimize the square footage of 30% slope or greater within the building envelope and modify a plat note which requires that structures in the Maroon Creek Club PUD not be built on slopes of 30% slope or greater within the designated building envelope. Several lots are exempt from this standard and the application is asking that this lot be included in REVIEW PROCEDURE An amendment found to be consistent with or an enhancement of the approved final development plan by the Community Development Director, but which does not meet the established thresholds for an insubstantial amendment, may be approved, approved with conditions, or denied by the Planning and Zoning Commission, at a public hearing pursuant to Section 26.445.030(C) Step 3. The action by the Planning and Zoning Commission shall be considered the final action, unless the decision is appealed to City Council. STAFF COMMENTS: The applicant, Pearce Equities Group II LLC, represented by Design Workshop, requests an amendment to the Maroon Creek Club Planned Unit Development (PUD) to amend the designated building envelope for Lot 9 and amend the following plat note: 5. With respect to single-family and townhome lots shown on this Plat, no development will be allowed within approved building envelopes on slopes exceeding 30% with the exception of Lots 12 and 17 through 40 where any slopes exceeding 30% shall be graded pursuant to the grading shown on sheets 15 and 16 of the PUD plan. The applicant would like to amend the plat note to include Lot 9 as an exception and has proposed to modify the building envelope to exclude some portions of slope 30% or greater. As a way to come into greater compliance, staff asked the applicant to further modify the building envelope. The would have moved the entire upper portion of the building envelope in line with the "Ditch and Toe of Slope" on the east side of the property so that the 30% slope or greater can be minimized. The applicant chose to pursue the amendment at Planning and Zoning Commission rather than amend the envelope to that extent. citing impact on the next door neighbor (See Exhibit B for Plat). The adjacent neighbor has written a letter concerning the impact of the proposed change on his lot (See Exhibit C). RECOMMENDATION: Staff recommends denial of the proposed amendment to the Maroon Creek Club Planned Unit Development (PUD) for the purpose of amending the building envelope for Lot 9 and amending Plat Note 5 to include Lot 9 as an exception. The criteria for evaluating PUD amends of this nature are found in Exhibit A. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Resolution No. 5 1, Series of 2001, approving the proposed amendment to the Maroon Creek Club Planned Unit Development (PUD) for the purpose of amending the building envelope for Lot 9 and amending Plat Note 5 to include Lot 9 as an exception. " ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Application and Proposed Amended Plat Exhibit C -- Letter from Jerry Cavaleri 2 EXHIBIT A MAROON CREEK CLUB PUD AMENDMENT REVIEW CRITERIA & STAFF FINDINGS A. General requirements. 1. The proposed development sliall be consistent with the Aspen Area Community Plan. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. 3. The proposed development shall not adversely affect the future development of the surrounding area. 4. The proposed development has either been granted GMQS allotments, is exemptfrom GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with,final PUD development plan review. Staff Finding The proposed amendment is consistent with the AACP. B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. The proposed dimensional requirements shall comply with the following: 1. The proposed dimensional requirements for the subject property are appropriate and compatible with thefollowing influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural or man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. 3 cl) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, trajjic, transit, pedestrian circulation, parking, and historical resources. Staff Finding This standard has not been met. By further moving the building envelope to eliminate all of the upper portion ofthe 30% or greater slopes as suggested by staff existing natural characteristics such as steep slopes would be given greater consideration. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding Staff finds that this criterion does not apply to this application. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed. c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the city. Staff Finding Staff finds that this criterion does not apply to this application. 4. The maximum allowable density within a PUD may be reduced if there exists insumcient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sumcient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure jire protection, snow removal, and road maintenance to the proposed development. Staff Finding Staff finds that this criterion does not apply to this application. 4 I 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mu,Wow, rockfalls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. Staff Finding Staff finds that by allowing the applicant to amend the PUD documents and exempt Lot 9 from the more stringent limits on developing 30% slopes areas, this criteria would not be met. Development of steep slopes can cause detrimental effects and cause soil erosion, more run-off and water pollution by sediment. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. Staff Finding There is no increase in density as part of this application. Staff finds that this criterion does not apply to this application. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public 5 spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. 5. Adequate pedestrian and handicapped access is provided. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Staff Finding Staff finds that by amending the building envelope as proposed the plan does not compliment the site's natural features and slope as would an alternative envelope adjustment that would have eliminated more of the 30% or greater slopes from the building envelope. D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well-designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 6 3. The proposed method ofprotecting existing vegetation and other landscape features is appropriate. Staff Finding Staff finds that this criterion does not apply to this application. More cutting of the steep areas on this site would not be in keeping with the goal of this criterion. Leaving areas alone allows for continuity of the existing landscape which itself becomes a visual and environmental asset to the site. E. Architectural Character. It is the purpose of this standard is to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a buildingfor its purposes, legibility ofthe building's use, the building's proposed. massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes, which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan an architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 1. Be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems. 3. Accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. Staff Finding Staff finds that this criterion does not apply to this application. F. Lighting. The purpose of this standard is to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shaN be accomplished: 1. AH lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 7 2. All exterior lighting shall be in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Staff Finding The applicant must meet the outdoor lighting requirements set forth in the City of Aspen Lighting Ordinance. G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 3. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's builtform, and is available to the mutual benefit of the various land uses and property users of the PUD. 4. A proportionate, undivided interest in all common park and recreation areas is (leeded in perpetuity (notfor a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 5. There is proposed an adequate assurance through a legal instrumentfor the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. Staff Finding Staff finds that this criterion does not apply to this application. H. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 8 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionate[y for the additional improvement. Staff Finding Staff finds that this criterion does not apply to this application. Utility and other infrastructure are in place and not impacted by this amendment. I. Access and Circulation. (Only standards 1&2 apply to Minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trailfacilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. 2. The proposed development, vehicular access points, and parking arrangement do not create tra#ic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. Staff Finding Staff finds that this criterion does not apply to this application. J. Phasing of Development Plan. (does not apply to Conceptual PUD applications) The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and 9 impacts of an individual phase are mitigated adequately. Ifphasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shaN comply with the Â·following: 1. All phases, including the initial phase, shall be designed tofunction as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees-in- lieu, construction ofany facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding Staff finds that this criterion does not apply to this application. 10 E>CE),4 1' 6 Jerry Cavaleri 1151 Tiehack Road Aspen, Colorado 81611 RECEIVED October 29,2002 OCT 9 1 ?007 Planning & Zoning Commission ft. ST. 1.7.1 do Sarah Oates BUILDING SEPÂ«TÂ·-C P .r Aspen Community Development f j I : A I 130 S. Galena Street Aspen, Colorado 81611 Re: Lot 9, Maroon Creek Club Dear Board Members, I am writing you to express my concerns about the building envelope adjustment that you are considering for Lot 9 at the Maroon Creek Club. I live at 1151 Tiehack Road and my lot is directly to the north of Lot 9. I have a small deed restricted employee house and my lot is very small as well. Fortunately, the land planners that laid out the lots and established the building envelopes placed Lot 9's building envelope toward the back of the lot so that there would be some separation and privacy between my small house and the 6,000 square foot house to be built next door. Sarah Oates showed me the adjustment that the owner of Lot 9 is proposing. My understanding is that the building envelope would be moved less that 10' to the east which would mean that I would no longer have a clear view corridor to the southwest out of my bedroom windows. While this definitely has a negative impact on my property, I would be willing to go along with it, assuming that the neighbor will do some landscape screening so that we are not staring into each other's windows. What I would not be willing to go along with would be any further movement of the ' building envelope to the east. If the building envelope were to be pushed out into the open field on the east half of Lot 9, I would end up with a huge trophy house perched over the top of my little employee house, blocking all of my views. This would be totally unacceptable, but I can't imagine that the respected members of our Planning and Zoning Commission would ever let this happen. I do plan on attending your meeting November 19. If you would like to speak to me before then, please call me at 925-2593 or 920-1558. Eljncerely,/7 L ft Uerrfbavaleri .V i} 3 4 I n 1 6 1 f. b Memorandum Design Workshop, Inc. Landscape Architecture To: Julie Ann Woods Land Planning Planning Director Urban Design Frorn: Bruce Hazzard, Principal Tourism Planning I)ate: July 9,2002 Project Name: Maroon Creek Club PUD Project #: 0800 Subject: Lot 9- Administrative Amendment Copy To: Andy Hecht Garfield & Hecht, PC Julie: I have tried a couple oftimes during visits to Aspen to contact you about the issue at hand, but with my travel schedule it has become more difficult since I do not live in Aspen anymore. Therefore, please consider the following; Design Workshop was the planner of record for the Maroon Creek Club PUD when the project originally went through the extensive Pitkin County review process and GMQS. While there were many, many issues that were addressed during this process and subsequent approval, we all knew that something might arise that would need clarification at some time in the future. This has proven to be the case on several earlier occasions and is the reason for this request, as well. When the project was planned as a PUD several allowances were granted that provided for a better plan given the physical limitations ofthe existing site and the proposed program for the project. Specifically as it relates to slope considerations, the project avoided, where possible, any and all slopes in excess of 30% that were known at the time. Certain lots, smaller in size and with applicable limitations on residential square footage, were granted development on slopes in excess of 30% as a trade-off for other considerations of the planning approvals. These smaller lots were discussed at length and in the various approvals (specifically BOCC Resolution 91-111) these limitations and qualifications took the form of modified setbacks and square-footage limitations (Exhibit C). As the final plats were being prepared, these same limitations were placed as plat notes on the "notes" sheet of the Final Plats. In this process, a further clarification note was added; "5. With respect to the single-family and townhome lots shown on this Plat, no development will be allowed within approved building envelopes on slopes exceeding 30% with the exception of Lots 12 and 17 through 40 where any slopes exceeding 30% shall be graded pursuant to the grading shown on sheets 15 and 16 ofthe PUD Plan." The error lies in the exclusion of Lot 9 from this note. Given the nature of the smaller lots and the configuration ofthe natural site- Lot 9 was granted approval along with the other noted lots with a DESIGNWORKSHOP Asheville â€¢ Aspen â€¢ Denver â€¢ Jackson Hole â€¢ Phoenix â€¢ Santa Fe â€¢ Tahoe â€¢ Vail â€¢ Santa Cruz â€¢ Santiago â€¢ Sao Paulo P.O. Box 15964, Asheville, North Carolina 28813 â€¢ (tel) 828-651-0486 â€¢ (fax) 828-654-0887 www.designworkshop.com small building envelope and limited development envelope to minimize disturbance to the steeper surrounding slopes. It was also intended that portions ofall ofthese noted lots would be re-graded during the preparation of the subdivision and the adjacent ski area slopes in order to eliminate as much as possible these small remaining areas of 30% slopes. In the other noted lots from this Plat note, Owners have had the ability to proceed with design, permitting and construction of the residences on same and these lots were, indeed, graded with the overall ski hill. Lot 9, in the final construction, did not need to be graded with the adjacent ski hill in order to make the skiing work and to meet the objectives ofthe Ski Company. Our concern at this point in time is that Lot 9 is one ofthe few remaining smalllots to be developed at Maroon Creek Club and that therefore, this mistake has not been picked up until now. Our feeling- given our history in the planhing and approval process for this project, is that this was an oversight and that Lot 9 should be included within this Plat note and that the Planning Director has within his/ her authority to make this change administratively. To assist you in this matter, I have attached several items for your review; 1. Exhibit Map showing approved lot boundary/ building envelope and development envelope for Lot 9. 2. Exhibit Map showing slopes over 30% using the same topographic information that was used during the planning and Detailed Submission/ 1041 Hazard Review with Pitkin County. 3. Exhibit Map showing actual, re-surveyed, condition of site and slopes in excess of 30%. As you can clearly see, if this lot is not included within the intended Plat note, then approximately 2/3 ofthe building envelope would be eliminated. This was not the intended case and we knew that there existed certain anomalies within each ofthe smaller envelopes that might contain areas of 30% slopes. These anomalies were reviewed and allowed to be contained within the defined and approved building/ development envelopes for all ofthe lots that were proposed to be over-lot graded. Since this lot was not graded, these anomalies remain. Therefore, we would request that you review this situation and the documents submitted and prepare an administrative approval for this Minor Plat Amendment to Plat Note No. 5 ofthe Maroon Creek Club PUD Final Plat. We fully understand that there will be a fee associated with this staff level review and approval action. Once you have had the opportunity to review the documents, feel free to call me on my cell phone in North Carolina (828-215-8584) if you have any questions. You may also contact Andy Hecht (925-1936) or Chuck Vidal (925-4530) since they are both aware ofthe situation and the background to this issue. Your help is appreciated and we look forward to hearing from you in this matter and moving forward as soon as possible. Respectfully, 1 , Bruce Hazzard, Principal Cc: Andrew Hecht Page 2 Memorandum Design Workshop, Inc. Landscape Architecture To: Sarah Oates, Zoning Enforcement Land Planning City of Aspen Urban Design From: Bruce Hazzard, Principal Tourism Planning Date: September 13, 2002 Project Name: Maroon Creek Club PUD Project #: 0800 Subject: Lot 9- Administrative Amendment Copy To: Andy Hecht Garfield & Hecht, PC Sarah: The attached plan graphic indicates the following items relative to our request for an administrative amendment to Lot 9 at the Maroon Creek Club PUD; 1. There appears to be a surveying error in that this plan that was previously submitted to you as an exhibit indicating slopes in excess of 30% indicated areas that indeed, were not over 30%. The correct areas are shown in yellow on the attachment. You can see that this significantly reduces the concerns about the "blanket" approval of the plat note amendment to this lot. 2. We have showll a proposed modification to the platted building envelope that would eliminate a portion of the affected areas. By reducing the impact to these slopes along the western boundary of the building envelope and adjusting the eastern boundary, as shown, we can effectively keep the building envelope the same total square footage and not modify the development envelope. Please review and call me with any questions. I would propose that the owners of Lot 9 prepare a minor plat amendment showing these changes for submission and approval by the Planning Director. This plat amendment would also include a note as to the redefinition of the MCC PUD Plat Note that is affected, as wel] as the commitment to re-route the storm drainage systems as a condition of the administrative approval of this request. Your help is appreciated and we look forward to hearing from you in this matter and moving forward as soon as possible. Respectfully, 42,1\~ Bruce Hazzard, Principal Cc: Andrew Hecht DESIGNWORKSHOP Asheville Â· Aspen â€¢ Denver Â· Jackson Hole â€¢ Phoenix â€¢ Santa Fe â€¢ Tahoe â€¢ Vail â€¢ Santa Cruz â€¢ Santiago â€¢ Sao Paulo P.O. Box 15964, Asheville, North Carolina 28813 â€¢ (tel) 828-651-0486 Â· (fax) 828-654-0887 www.designworkshop.com 130 S. Galena St. Aspen CO 81611 City of Aspen (970) 920-5090 (970) 920-5439, fax Community Development Department )X To: Carla From: Sarah Oates, City Zoning Officer Fax: 925-1 3008 Pages: 4 4 Phone: Date: November 4,2002 Re: Lot 9, Maroon Creek Club CC: m Urgent [] For Review C] Please Comment CJ Please Reply [] Please Recycle â€¢ Comments: Carla-Apparently there has been some confusion. The noticing must be done by the applicant. Following is the notice that must be sent to neighbors within 300 feet and then a sign must be posted on the property as well. Notices and the posting must be done today to meet the fifteen day requirement. Sorry for the confusion. Please call me at 920-5441 with any questions. . PUBLIC NOTICE RE: LOT 9 MAROON CREEK CLUB PLANNED UNIT DEVELOPMENT AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, November 19, 2002 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission. Sister Cities Room, City LIall, 130 S. Galena St., Aspen, Co., to consider an application submitted by Pearce Equities Group, LLC, requesting a Planned Unit Development (PUD) Amendment to amend the approved building envelope and eliminate plat note number 5 for Lot 9 only. which reads: "5. With respect to the single-family and townhome lots shown on this Plat, no development will be allowed within approved building envelopes on slopes exceeding 30% with the exception of Lots 12 and 17 through 40 where any slopes exceeding 30% shall be graded pursuant to the grading shown on sheets 15 and 16 ofthe PUD plan." For further information, contact Sarah Oates at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5441, saraho@ci.aspen.co.us. s/Jasmine Tygre, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on November 2,2002 City of Aspen Account AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: , Aspen, CO SCHEDULED PUBLIC HEARING DATE: ,200 STATE OF COLORADO ) ) SS. County of Pitkin ) I, (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) o f the Aspen Land Use Code in the following manner: Publication Of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high. and which was composed of letters not less than one inch in height. Said notice was posted in a conspicuous place on the subject property at least fifteen (15) days prior to the public hearing and was continuously visible from the day of ,200 , to and including the date and time of the public hearing. A photograph of the posted notice (kign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid U. S. mail to all owners of property within three hundred (300) feet of the property subject to the development application, and, at least fifteen (15) days prior to the public hearing. notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date ofthe public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit ofNotice" was acknowledged before me this day of , 200_, by WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL NOV. 1. 2002 3 : 35PM NO.3582 ?, 1/3 - GARFIELD & HECHT, P.C. RONALD GARFIELD! ATTORNEYS AT LAW 601 EAST HYMAN AVENUE ANDREW V. HECHTZ ASPEN, COLORADO 81611 DAVID L. LENYO EÂ·inail: :cty@garfieldhech[,com TELEPHONE MATTHEW C. FERGUSON' Website: www,garfieldhech[.com (970) 925-1936 CHRISTOPHER J. LACROIX'J TELECOPIER CHAD J, SCHMIr (970) 925-3008 JESSICA L. ROTHSTEIN' GREGORY S. GORDON'Â·3 110 MIDLAND AVENUE SUITE 201 BASALT, COLORADO 81621 MICHAEL D. McCOLLUM TELEPHONE PARALEGAL (970) 927-1936 TELECOPIER (970) 927-1783 FACSIMILE COVER SHEET Date: November 1, 2002 ATTN: Chuck Vidal Fax No,: (970) 925-4530 ATTN: Sarah Oates Fax No.: (970) 920-5439 From: Andy Hecht Re: Pearce/Lot 9. Maroon Creek Club Subdivision PLEASE DELIVER AS SOON AS POSSIBLE. TOTAL NUMBER OF PAGES 3 (INCLUDING THIS COVER SHEET). IF YOU DONOT RECEIVE ALL OF THE PAGES, PLEASE CALL. CARLA FREEMAN AT (970) 925-1936, EXTENSION[ 203, AS SOON AS POSSIBLE. IMPORTANT: THIS COMMUNICATION IS INTENDED SOLELY FOR THE USE OFTHE PERSONS NAMED ABOVE OR OTHERS AUTHORUED TO RECEIVE IT, THIS COMMUNICATION MAY INCLUDE PRIVILEGED AND CONFIDENTIAL INFORMATION AND ANY USE, DISSEMINATION OR REPRODUCTION BY UNAUTHORIZED PERSONS IS ABSOLUTELY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY. Sarah; Attached is the list of the adjacent lot owners names and addresses pertaining to Lot 9, Maroon Creek Club Subdivision. Chuck Vidal asked that I get this information to you so that you might send out the appropriate notices. Thank you. 1. ako odmilial to 2 01,0 odia,Lod to 3 21$0 odmiâ‚¬ed el 4 â€¢130 ad~niltod w 5. 014 admilled ro New York Bar Dis[ric[ of Columbia 13= ConneeuÂ¢Ut Bar r!!inois Bar New J.Â·Bey Bar NOV. 1. 2002 3:35 PM NO. 3582 0. 2/3 Lot 5 Gary A. Stewart and Angela L. Stewart 910 Upland Road York, Pennsylvania 17403 Lot 6 Robert C. Echele 424 Brazilian Avenue Palm Beach, Florida 33490 Lot 7 Lots 7&8 Maroon Creek, LLC c/o Garfield & Hecht, P.C. 601 East Hyman Avenue Aspen, Colorado 81611 Lot 8 Lots 7&8 Maroon Creek, LLC c/o Garfield & Hecht, P.C. 601 East Hyman Avenue Aspen, Colorado 81611 Lot 10 Gerald D. Hosier 8605 Robinson Ridge Drive Las Vegas, Nevada 89117 Lot 11 Morton A. Meller Lita Warner Heller Richard Heller and Robin Moss Samuel Warner Hiatt, Michael Elliot Hiatt, and Vicki Ann Hiatt do Morton A. Heller P.O. Box 1030 Aspen, Colorado 81612 Lot 12 Leonard Weinglass P.O. Box 11509 Aspen, Colorado 81612 Lot 13 Jerry and Teresa Cavaleri P.O. Box 1776 Aspen, Colorado 81612 Lot 14 Maroon Creek CIub Master Association 10 Club Circle Aspen, Colorado 81611 Lot 49 Aspen Skiing Company P.O. Box 1248 Aspen, Colorado 81612 80948_1.DOC NOV. 1. 2002 3:35PM NO. 3582 P. 3/3 Common Lot R Maroon Creek Club Master Association 10 Club Circle Aspen, Colorado 81611 Memorandum Design Workshop, Inc. Landscape Architecture To: Sarah Oates, Zoning Enforcement Land Planning City of Aspen Urban Design From: Bruce Hazzard, Principal Tourism Planning Date: October 25,2002 Project Name: Maroon Creek Club PUD Project #: 0800 Subject: Lot 9- Administrative Amendment Copy To: Andy Hecht Garfield & Hecht, PC Sarah: Attached are the requisite twelve (12) copies of the proposed amendment to Lot 9 at the Maroon Creek Club PUD and my cover letter that was originally sent to your attention. Please call me if you need additional information or copies prior to the PZ hearing. Respectfully, /~p, Mt< 1 Bruce Hazzard, Principal Cc: Andrew Hecht DESIGNWORKSHOP Asheville â€¢ Aspen â€¢ Denver â€¢ Jackson Hole â€¢ Phoenix â€¢ Santa Fe â€¢ Tahoe â€¢ Vail â€¢ Santa Cruz â€¢ Santiago â€¢ Sao Paulo P.O. Box 15964, Asheville, North Carolina 28813 â€¢ (tel) 828-651-0486 â€¢ (fax) 828-654-0887 www.designworkshop.com .i' - 4.-1-2,6 - ----0~ PUBLIC.NOTICE- *Â«-14 irc ~paDATE.bbÂ£122 - TIME *30 2/9 SIST:REE5RDI . -â€¢â€¢@g PLACE[Tf NALLBOSG NA r j , 1 J, , 71 %64 - .,. 1 i . 1 . .' 1.4 4.11Â· ...illi . , ~ ~ ~ ~ l' j 11Â·Â·Â·~23* 0Â®lt&@fgFIâ€¢fleÂ«EC*!ZE- <.L .....6-2 1 -- 1-0 U. f I ti':,17\4ift~ i #lT/W J .... 0-.6 -- Cto Â·...I- Â«/.UIL 0,1.C. .....,...,.....,0.- .... 1 4 +--- AFFIDAVIT OF POSTING PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), APSEN LAND USE CODE ADDRESS OF PROPERTY: Lot 9, Maroon Creek Club as shown on the Final Subdivision Plat & PUD for Maroon Creek Club, recorded November 15, 1993 in Plat Book 33 at Page 4, County of Pitkin, State of Colorado. SCHEDULED PUBLIC HEARING DATE: November 19, 2002. STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) I, Mike McCollum, paralegal at the law firm of Garfield & Hecht, P.C., who represents an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the posting of public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted in a conspicuous place on the subject property at least fifteen (15) days prior to the public hearing and was posted to be continuously visible from the fourth day of November, 2002, to and including the date and time of the public hearing scheduled for November 19,2002. A photograph of the posted notice (sign) is attached hereto. -h A o A . +AX,-U \LA-,/ VU--f- Mike McCollum The foregoing "Affidavit of Posting Public Notice" was acknowledged before me this 5' day of November, 2002, by Mike McCollum. WITNESS MY HAND AND OFFICIAL SEAL M~ ommission expires MYCOMMISSION EXPIRES 11/09/2002 - 47 91,1(dfa/ l jOu,Al Uin-, Linda Christina, Notary Public . r 0 f F cv 81043-1 - AFFIDAVIT OF MAILING OF NOTICE REQUIRED BY SECTION 26.304.060(E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: Lot 9, Maroon Creek Club as shown on the Final Subdivision Plat & PUD for Maroon Creek Club, recorded November 15, 1993 in Plat Book 33 at Page 4, County of Pitkin, State of Colorado SCHEDULED PUBLIC HEARING DATE: November 19,2002 STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) I, Carla E. Freeman, Legal Assistant at the law firm of Garfield & Hecht, P.C., who represents an Applicant to the City of Aspen, Colorado, hereby personally certi fy that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application, and, at least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepared U.S. mail to any federal agency, state, county, municipal government, school, service district, or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses o f property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date o f the>pÂ®lic hearing. A copy of the owners and governmental agencies so ngliced is attaâ‚¬het~%1/ (u---/1Â»36/64% Rt- - (Signature) The foregoing "Affidavit o f Notice" was acknowledged before me this ~(~ day of November, 2002, by Carla E. Freeman. WITNESS MY HAND AND OFFICIAL SEAL 1 b [03 My commission expir~-~~- le- R i M i JUUE ~ ~ rl.7-0~. 0-. U 2. MURPHY ~;~ Notandublic V,2................ce M, Comm Fxpires 07-09-2003 81326_1.DOC NOV-04-2002 MON 11:00 AM FAX NO, P. 02 PUBLIC NOTICE RE: LOT 9 MAROON CREEK CLUB PLANNED UNIT DEVELOPMENT AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, November 19, 2002 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, City IIall, 130 S. Galena St., Aspen, Co., to consider an application submitted by Pearce Equities Group, LLC, requesting a Planned Unil Development (PUD) Amendment to amend the approved building envelope and eliminate plat note number 5 for Lot 9 only, which reads: "5. With respect to the single-family and townhome lots shown on this Plat, no development will be allowed within approved building envelopes on slopes exceeding 30% with the exception of Lots 12 and 17 through 40 where any slopes exceeding 30% shall be graded pursuant to the grading shown on sheets 15 and 16 0 f the PUD plan." For further information, contact Sarah Oates at die City of Aspen Community Development Department. 130 S. Galena St., Aspen, CO (970) 920-5441, saraho@ci.aspen.co.us. S/Jasmine Tygre, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on November 2,2002 ================----=-======================================-9 City of Aspen Account Lot 5 Gary A. Stewart and Angela L. Stewart 910 Upland Road York, Pennsylvania 17403 Lot 6 Robert C. Echele 424 Brazilian Avenue Palm Beach, Florida 33490 Lot 7 Lots 7&8 Maroon Creek, LLC c/o Garfield & Hecht, P.C. 601 East Hyman Avenue Aspen, Colorado 81611 Lot 8 Lots 7&8 Maroon Creek, LLC c/o Garfield & Hecht, P.C. 601 East Hyman Avenue Aspen, Colorado 81611 Lot 10 Gerald D. Hosier 8605 Robinson Ridge Drive Las Vegas, Nevada 89117 Lot 11 Morton A. Heller Lita Warner Heller Richard Heller and Robin Moss Samuel Warner Hiatt, Michael Elliot Hiatt, and Vicki Ann Hiatt c/o Morton A. Heller P.O. Box 1030 Aspen, Colorado 81612 Lot 12 Leonard Weinglass P.O. Box 11509 Aspen, Colorado 81612 Lot 13 Jerry and Teresa Cavaleri P.O. Box 1776 Aspen, Colorado 81612 Lot 14 Maroon Creek Club Master Association 10 Club Circle Aspen, Colorado 81611 Lot 49 Aspen Skiing Company P.O. Box 1248 Aspen, Colorado 81612 80948_1.DOC Common Lot R Maroon Creek Club Master Association 10 Club Circle Aspen, Colorado 81611 ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: -111 4 1 Ar C , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 1{ //9/r.,7 , 200_ STATE OF COLORADO ) ) SS. County of Pitkin ) I, ~ 1,1-4,61 6 i. - 1 LACQ 4- (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: AF Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City ofAspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. k Posting of notice: By posting of notice, which form was obtained from the. , ,. Community Development Department, which was made of suitable, waterproofmaterials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed o f letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 200 , to and including the date and time of the public hearing. A photograph Of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and ' governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part o f a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses o f owners o f real property in the area o f the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. 9%4_Â»-UÂ«eff- *iature The foregoing "Affidavit ofNotice" was acknowledged before me this __~ day of $-vow Â· , 200_g by -3---u_5 2-0 -nA_7 WITNESS MY HAND AND OFFICIAL SEAL A My commission expires: -4 1 33 1 1525 ,f5337Â»4~ 0 1- 2 tio . Notary Public o .... 821&.0 0 e..... '441*0 ATTACHMENTS: COPY OF THE PUBLICATION . PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST 017 THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL FZ= 0- 1 U U d. DO U N g 0. & 4 N E to- : 3 . M A e 11 5 -2 Y F 0 4 0 | 01 3~5~0.~~t Â¤Â·1 ag02;&3 ~ Z*El UL,1644.6. T 9 MAROON CREEK CLUB PLANNED UNIT to begin at 4:30 p.m. before the Aspe an application submitted by Pearce pment (PUD) Amendment to amend the proved building envelope and eliminate plat :speal 4:1!4* *1110 6 lo t JOJ S Joquinu 61 -U.01 pUe XI!uie,-elau!: 041 01 1)acisai 41!M iuatudo~Mop ou 'leld %141 110 UN,04% SWI all -JAUB N.!PI!,nq Peacudde u! 4;!AA PaoliU 4 11 -daa@ 041 411/ 960Â£ 8/1.paa,x@ sadols /O 5 Kue a.[allit (1* 40nolli; L I pLIU g 1 6101 JO r luensind Pape# act Hells 9/10Â£ B.'paa.xe sadols 04; 10 91 pue 91 9104>LIS UO Ul.049 jillipeli 041 01 $12 9@180 qeles peluo) 'u{,!112111.10Ju! Â·lailin, 103 -act tuatudo[akerl k}!ununuoo uadiv Jo 43 #41 -026 (Ol.6) 03 'uads,Â· '16 EurieD F OÂ£1 'luout j.led uotâ„¢U[UIC) Nuluoz pue Bumueld uadsÂ¥ PUBUC NOT[CE DEVELOPMENi AMENDMENT ld on Tuesday, November and Zoning Commission, Sister Cities Â·6[1'03*. a,.!J@04,JIN '1*PS '7. JaquiaaoN tio Saul!1 uadsÂ¥ 941 14 patisllqnd ICE IS HENEBY GIVEN ulties Group, LLC, requesting a Planned Uni ued and (â‚¬896) 'ZOOZ ~ Found #5 Rebar / With Red Plastic Cgb L.S. #20133 ~ E x -hibit -M ap Common / Showing contours scanned from an aerial survey map. j I ./ I ' ' ..... I. /22 Common '4 Lot 9 Building Envelope, Maroon Creek Club as sho,un on the . .. - ... .. 0%1. Finod Subdivision Plat & P. U.D. for Maroon Creek Club e -. I I. I. I. I. I ..'. I Recorded November 15, 1993 in Plat Book 33 at Page 4 N7650'00"E I. I - County of Pitkin, State of Colorado 220.24' I. '.. I .' ... I -- .. . . ... I ..ap ...... .''. I. I ... I. '. I 0 4491Â·.7224Â» ... ... Â· Â· 4 Â· I Â·Â· GRAPHIC SCALE 0 F. 10 5 10 20 40 4. . SW~/L,V'M....$.......4 (IN FEET ) linch= 10 ft ..... 0.... I. ... Hatched Area ('dots) / -+ Contour Interval= b .. * ~7 /9 . .1, Represents 30% or Gfeater Slopes . .- 4.*--- 0 / ... . .... ..... ...... I n '71 ., 71 I. I. I. ....'... ..... I . '.. '. ... . ./ .... I . I. ... I &. I. .'..... / \ .... . a . I I. I. '...'.. ... . I. ...''I...'. -' < - Contours shown on this map were scanned from~ aerial survey map < / Legend and Notes: 1. I :-I-JÂ·:-:Sp ,/'.. I. I / / i / / - Beoriggs ate based upon a /5 rebar with a red ~tic cap L. S.020133 found at th~~| I. .....+ ./ . .'.... I. I. ..... ... . I'l. I '.'.... I ''..'.. *. ' / northeity angle point and a P.K. Nail found at the northeasterly corner both of subject Lot 9 using a bearing of 554*35'05"E between the two described monuments. \ Bundbg Enve/ope~as shown ~ I ' I. ... . .... I. I >i - This survey does not represent a title search by this ... I I. .'. ..'.... '. I '.. I. I. .'...' on the Maroon Cffek Club / ~ Final Plat (F>la t Bh~ ~~~3, Page 14) / / ~ Development Knvelope as shown surveyor to determine ownership or to discover . -, on the MarooA\Creek Club easements or other encumbrances of record. All , ~/ Final Plat (Plat*ook 33 Page 14) information pertaining to ownership, easements or other / encumbrances of record has been taken from o title dated March 28, 2002 as Case No. PCT16909L. insurance commitment issued by Pitkin County Title, Inc. -, - This property is subject to apparent easements for existing utilities and ditches. ... . 1 ---1 regarding ore removal and right of way for ditches and canals; Book 55 at Page 21, - - ~- ta 5-1 b and in Book 180 at Page 155. <. - :4;1 - 2~.76~ ------- - The property shown on this plat may be subject to the following United States Patents .. / - - --- * -- -- Book 55 at Page 189, Book 55 at Page 191, Book 162 at Page 400, Book 167 at Page 562 ./ --0 I. \ ... ...... r-- - This property is subject to on avigation easement recorded in Book 730 at Page 690. - - The property shown on this plat may be subject to building restrictions regarding slopes / 7 De ve/opment Envelope as shown 0$ / in excess of 30 percent as detailed in Resolution No. 91-111 recorded in Book 730 at Page 797. on the Maroon Creek Club V Final Plat (Plat Book 33, Page 14) - This property is subject to a Holy Cross Trench, Conduit and Vault Agreement recorded 1 in Book 755 at Page 55. Zo t < / - Accord>w to the above-mentioned Fihol Plat Act Book U at Page 47 rights ore reserved ~ Q ~ for permanent and perpetud non-exclusive easements and rights to relocate the scme under, over and across this property with the exception of the building envelope. - This property is subject to reservations, restrictions, covenants and eosements of record or in place or as shown on the above mentioned plat. / f \- / ----2- CURVE TABLE Found P.K. Nail (7 dhÂ· in Aspholt O CURVE LENGTH RADIUS CHORD BEARING TANGENT DEL TA Elev. 1019.87 22 - 1 32.03 65.00 31.70 N65*49'07"W 16.35 28'13'52" 2 91.49 140.00 89.87 S7095'33"E 47.44 37'26'31" % 3 23.69 300.00 23.69 S03'06'56"W 11.85 04'31'30" 9> 13 .1 e':>Â® 9 qf 15/ â‚¬21. 61 Lot 11 \ 1?65 f Notice: Lot 9, Maroon Creek Club as shown on the Drawn by: JT Job No. 41902 TUTTLE SURVEYING SERVICES ,~ According to Colorado lanD, you must commence any Zegal achon based upon any defect m 226 Heather Lane thts survey withm three years qfter you -W -9- -In turst discover such defect In no event may Glenwood Springs, Colorado 81601 Final Subdivision Plat & P. U.D. for Maroon Creek Club Date: 04/29/02 any legal achon based upon any defect in Exhibit Vap ofi thts swvey be commenced more than ten yean (970) 928-9708 (FAX 947-9007) #om the date of the cerAAcatzon shown TUTTLE SURVEYING SERVICES hereon. cjtuttle@rof.net _ County of Pitkin, State of Colorado Appr. by: File: \ i 8?00 8065 C \work\mcc9\submiss dwg Thu May 23 10 27 27 2002 Found #5 Rebor ~ With Red Plastic C* L.S. #20133 / Exhibit M Â«p l Common ,/ Showing contours scanned from an survey map. Common + Lot 9 Building Envelope, Maroon Creek Club as shoum on the L Final Sub division Plat & P. U.D, for Mocroon Creek Club Recorded November 15, 1993 in Plat Book 33 ott Page 4 N76*30'00"E F County of Pitkin, State of Colorado 220.24' \1 _44(' 1 \ Â» re.- M-- / --- -- 00 4 46, \ L-- 0. /,/5232>2%% \ / ~ 0604 0 / \ 0. 4 .,9 450 N / W '0 4% 1 / 0 te X GRAPHIC SCALE 10 0 4) . 1 0 / 0 1 / 0 < IN FEET ) \\ l inch = 10 ft / 1 Contour Interval=- b / / 0 / 1 / 1 / 1 / 0 X \\ 0 Af 2 1 14 ~ 1 4 / / 0 % 1 1 1 1/ ke ./ 0 / // O / Legend and Notes: // 0 / - Contours shown on this map were scanned from an aerial survey map. 1 / 1 1 / - 36.-*gs are based upon a #5 rebar with a ~ plastic cap L.S.#20133 found a~he / / northerly angle point and a P.K. Nail found at the northeasterly corner both of / subject Lot 9 using a bearing of S5435'05"E between the two described monuments. Building Envelop* as shown , / on the Moroon C eek Club / '~\~ Development Envelope as shown - This survey does not represent a title search by this Final Plat (Plat ~ 33, Page 142 / / on the Moroo Creek Club surveyor to determine ownership or to discover / easements or other encumbrances of record. All , ~f Final Plat (Pia Book 33, Page 14) information pertaining to ownership, easements or other encumbrances of record has been taken from a title / $ insurance commitment issued by Pitkin County Title, /nc. 4 dated March 22 2002 as Case No. PCT16909L. / 1 - This property is subject to apparent easements for existing utilities and ditches. / ------- -0---- - ; ~ Lot 9 - The property shown on this plot may be subject to the following United States Patents regarding ore removal and right of way for ditches and canals; Book 55 at Page 21, / .. / Book 55 ct Page 189, Book 55 at Page 191, Book 162 at Page 400, Book 167 at Page 562 and in Book 180 at Page 155. -+ J- / 1 / / - This property is subject to an avigation easement recorded in Book 730 at Page 690. -/ - The property shown on this plat may be subject to building restrictions regarding slopes / Deve/opment Envelope as shown 0~ / in excess of 30 percent as detailed in Resolution No. 91-111 recorded in Book 730 at Page 797. on the Maroon Creek Club V Final Plat (Plat Book 33, Page 14) / - This property is subject to a Holy Cross Trench, Conduit and Vault Agreement recorded in Book 755 at Page 55. - According to the above-mentioned Final Plat (Plat Book 33 at Page 4) rights are reserved Lot 12 / for permanent and perpetual non-exclusive eosements and rights to relocate the some under, over and across this property with the exception of the building envelope. l - This property is subject to reservations, restrictions, covenants and eisements of record or in place or as shown on the above mentioned plat. 0--- / --- l / / CURVE TABLE /n Aspha/t Found P.K. Noil 0 1% CURVE LENGTH RADIUS CHORD BEARING TANGENT DELTA Elev. 1019.87 425~ 41 \ 1 32.03 65.00 31.70 N65'49'07"W 16.35 2813'52" 2 91.49 140.00 89.87 S70'25'33"E 4744 37'26'31" 3 23.69 300.00 23.69 S03*06'56"W 11.85 0451'30" /26. r-i- % 0 447-63 \ Vel 9 h 62'. /0 90 Lot 11 Â¢' â‚¬24 P Notice: Job No. 41902 TUTTLE SURVEYING SERVICES ile.e -M -ap According to Colorado Law, you must commence Lot 9, Mayo on Creek Club as shown on the Drawn by: JT any legal actton based upon any defect m 226 Heather Lane this survey within three years After you first discover such defect. In no event may Glenwood Springs, Colorado 81601 any legal action based upon any defect in Exhibit Final Subdi'vision Plat & P. U.D. for Maroon Creek Club Date: 04/29/02 this survey be commenced more than ten years (970) 928-9708 (FAX 947-9007) ,19-Im the date of the certification shown TUTTLE SURVEYING SERVICES Â£0' hereon cjtuttle@rof.net File: County Pitkin, State of Colorado Appr. by: OO 8493% \\ 8065 *Of / Found #5 Rebar With Red Plastic Cap L.S. #20133 Topography Survey Map Lot 9 Building Envelope, Mayo on Creek Club as shown on the Common / 09 Final Sub division Plat & P. U.D. for Maroon Creek Club Common *~Â«f f .000 Recorded November 15, 1993 in Plat Book 33 at Page 4 07 % ~ Â¢ County of Pitkin, State of Colorado 1 . N7630'00'E 10 10 220.24' e 0 db i 0 -04.0............... 101 / i - <\7/80, \ % I. I'lilli.......... I.'.'.....-I. ...'... 0,200â‚¬4/ \ / 1 CE Anvert tn ........-I.'............. ...lili. '...... . ................... f 1Â·f:.o" Corrugated Â·Â·Â·Â·Â·Â·Â·Â· Â·Â· .-,- GRAPHIC SCALE . ./ ......... Buried 24" CMP .* '85- Approximate Alignment i V -44 \ 1~ 40 ..... ./.. .p ....... 9.4- 44 -e '......... lili . . I ' A I. I ......................X /5/ ................ (INFEET) x . 1 inch = 10 / Contour Interval= 2' ... ...'.....'.lili... . . ... ........................... I .. I. ................... .. ..... . 'Â·. w.2291.' \\ .. ... Invert In 4" CMP .. .- ... ............................... Â·Â·Â· Â· Â·Â· U Â·Â· Â·Â·Â· ~ e Legend and Notes: .... ......... . :..:::h. . 7 â€¢ â€¢ .. ......... .................. I. .. ..................... . - 0 indicates found monument as described ............. ... I .,................... 0 \ .4 ................ I. 'lili... .. I. I ..... ............. .. I. I ................., .......... .....'.......... ...'lilli'...'........ 0 - Bearings are based upon o #5 rebar with a red plastic cap L.S.#20133 found at the i ..... 0.1......... .1 ..................................... ......................... I .............. ......, 0 ......... ...lili......'...'.. ........ ....................... ...... . I. I northerly angle point and a P.K. Nail found at the northeasterly corner both of 4......... ...... .. . . ' .,lili'. . I. ........ 'lillililli.............'.. I. I. subject Lot 9 using a bearing of S54'35'05"E between the two described monuments. ........ - This survey does not represent a title search by this ................... ................. ......... I. I ..... I ....... ...... I. I. . . . V . Â». surveyor to determine ownership or to discover ........... r.\ . / easements or other encumbrances of record. All . . . I . ....... ......... ... .0 1 .. ............ I. . . I , . ... . I. . ... / clo information pertaining to ownership, easements or other .... .. 4.14 ... I. I ..... ........ ' ~ â‚¬R~ encumbrances of record has been taken from o title . * insurance commitment issued by Pitkin County Title, Inc. ..................... lilililli.'.lili'.lillil' I. . .. . .. . ... . ,IIi. -I. I. dated March 28, 2002 as Case No. PCT16909L. I . ..... ..../.4.. . ... ............. -.. ... 1. I ... - This property is subject to apparent easements for existing utilities and ditches. I. 4 ............. . i-.. ...' I Centerline Ditch / / - The property shown on this plat may be subject to the following United States Patents ....... .......... I. I ......... ........... S ' I . I . I ' I I I. I .:...'.I' I.. ................../. .. .. 4 .. . re Â· Â·Â· Â· . ..... i.. - , regarding ore removal and right of way for ditches and conals; Book 55 at Page 21, , Book 55 at Page 189, Book 55 at Page 191, Book 162 at Page 400, Book 167 at Page 562 anÂ¢ in Book 180 at Page 155. .......... .. . . . -.,..-.--.-.-.... Center/ine Ditch ~ mE + - I. -- / - mit&*+76perty-is subject to an avigatior, @asemeht rbcoradd- in Book 730 at p~e 690. /%..Â·4 Y.â€¢-JÂ·~Â·-1*/+Ilâ€¢.Â· â€¢ â€¢â€¢. ,Â·5Â·. %,MA;â‚¬i,isp'*Â«:%*92â‚¬:YÂ·, Â·Â·';-':-Â·Â·Â·97'~' c.,9-:,24%.a-7.7-Â· r. :t ' . 2.' .. . * - / . , < - The property shown on this plat Tray be subject to building restrictions regarding slopes 0 . . I ............. I .. .... ... / in excess of 30 percent as detailed in Resolution No. 91-111 recorded in Book 730 at Page 797. /~ - This property is subject to a Holy Cross Tr~ Conduit and Vault Agreemen~corded *. .... .. I ............... ntsÂ° rs Un 4 Development En lope as shown in Book 755 ot Poge 55. ................. Final Plat (Plat Book 33, Page 14) / .......... . on the Maroon C ek Club 4. Â·Â·Â·Â·Â· ............ . ..'lillil'. .. , ~ Final Plat (Plat B ok 33, Page 14) - According to the above-mentioned Final Plat (Plat Book 33 at Page 4) rights are reserved 0, ........... / for permanent and perpetual non-exclusive easements and rights to relocate the some 0 .,~2 7 .237'2 7. 1 KILINKILI'2 / / under, over and across this property with the exception of the bu#ding envelope , 1 lillil '.'... I. . - This property is subject to reservations, restrictions, covenants and .. 4. ....... .... easements of record or in place or as shown on the above mentioned plat. / 1 -FÂ· 'Â·: *Â· ---- 0-- --- k / . Lot 9 6 JEFFREY ALLEN TUTTLE, being a Registered Land Surveyor in I / '44%4 Surveyor's Certificate: - 1 / 1 .* the State of Colorado, do hereby certify that this map of - / existing conditions was prepared by me and under my 1 00/ supervision from a survey made by me and under my / supervision on,~~ and thot both the survey and map Developme Envelope as shown / are true and#f@~38Â¥j?Â§~,~2 best of my knowledge and belief. on the Maroo Creek Club Final Plat (Plat ook 33, Page 14) / #i 2 66 ~Vi A- FIA 06)7-010%* Center/ine Di ch JEFFRâ‚¬Y ~LE~Tug*, t&.~3638 DATÂ¢ ' Lot 12 Telephone Risers () / .-- - -- \ v , %.324& 4; t)1 O / Note: 777/sl#***r..aphy~p'*Romplies with Nationa/ Map Burie 6" Plastic Pipe Accuracy Sf%iA#i**7:1*t,~0,Sgraphic maps. Where checked Electric Trans rmer 9:Â¢~ Appro imate Alig ment 90% of point748*tÂ¢14$,thin 1/2 the contour interval nderground (Book 755. P e 55) ~ and well defined3551Ffi-should be plotted within 1/50" of their true position. Critical design should be based upon as line Marker 4%* 16- spot e/evations, please contact Tuttle Surveying Services for this spot elevation information. 0 - -, \ / 6" Corrugate Invert Out -tel- BURIED TELEPHONE ONE -r- SIGN GV p Plastic Pipe 6" Corrugated -9 - BURIED GAS LINE t>4 GAS VALKE 4 Above Ground --- lastic Pipes FENCE UNE f CURB STOP CURVE TABLE in Asphalt Q - tv- CABLE TELEVISION LINE 4 UGHT POLE Found P.K. Nail ~7 ec)00000 ROCK WALL 2 POWER POLE CURVE LENGTH RADIUS CHORD BEARING TANGENT DELTA E/ex 1019.87 WV - e - ELECTRICAL UNE 1>4 WATER VALVE 1 32.03 65.00 31.70 N6549'07"W 16.35 28'13'52" Ch, -0- -w- WATER LINE 2 91.49 140.00 89.87 S70'25'33"E 47.44 3726'31" 4 1 Â· = SAN/TARY SEWER L/NE GRE HYDRANT 3 23.69 300.00 23.69 S03'06'56"W 11.85 0431'30" rn 033 O TELEPHONE R/SER -eae- -hP- OVERHEAD UT/LITy UNE O CABLE /NSER S e SEWER MANHOLE Lot 11 i VeÂ®- \ 1> Cgch EXIST. CULVERTS VÂ« Wi STORM DRAIN INLET 8 6 1~ DEC/DUOUS TREE ~ ELECTRIC TRANSFORMER 0 -~ 4 -() ANCHOR BOLT S ~0 ~ EVERGREEN TREE Â© ELECTR/C MANHOLE e BRUSH LINE 0 CMP CORRUGATED METAL PIPE Notice: Job No. 41902 TUTTLE SURVEYING SERVICES Lot 9, Maroon Creek Club Cls shown on the Accordâ‚¬ng to Coto,ado law, you must commence any Ze#al action based upon any defect in 226 Heather Lane this survey within thne years alfier you fâ‚¬*st discover such defect. In no event may Glenwood Springs, Colorado 81601 Topography Survey Map Final Subdivision Plat & P. U.D. for Maroon Creek Club Date: 04/29/02 any tegcd action based upon any defect in Drawn by: JT thts survey be commenced more than ten years (970) 928-9708 (FAX 947-9007) County 0/ Pitkin, State 0/ Cotorado * ~,00/5 1 from the date of the certirication shown Appr. by: TUTTLE SURVEYING SERVICES hereon ~ cjtuttle@rof.net pjiG: 1 yf 2 01 CÂ· \work\mcc9\9topo.dwg Sun May 19 13: 38: 18 2002 1012 1006