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Home My WebLink Aboutcoa.lu.pu.Maroon Creek Lot 1 2.A088021 \ d"Mo s I & 2 MCC PUD men ment Ift 2735-142-09-002 A088-02 ED PLAT OF: LOTS 1 & 2MAROON CREEK CLUB SIJBDIVISION & P,U,D, A PARCEL OF LAND SITUATED IN A PORTION OF SECTION 11, TOWNSHIP 10, RANGE 85 WEST OF THE 6TH P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN GRAPHIC SCALE 30 0 18 30 _ 60 120 ( IN FEET ) i inch = 30 ft. SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 23037 23037AMEND.DWG 9-30-03 AMENDED PUT OF: LOTS .I & 2, MAROON CREEK CLUB SUBDIVISION & PUDe CERTIFICATE OF OWNERSHIP_ A PARCEL OF LAND SITUATED IN A PORTION OF SECTION 11, TOWNSHIP 10, RANGE 85 WEST OF THE 6TH P.M. KNOW ALL PERSONS BY THESE PRESENTS THAT THE UNDERSIGNED BEING THE OWNERS CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO OF THE PROPERTY DESCRIBED AS - LOTS 1 & 2, MAROON CREEK CLUB SUBDIVISION & P.U.D. ACCORDING TO THE PLAT SHEET 1 OF 2 THEREOF RECORDED NOVEMBER 15, 1993 IN PLAT BOOK 33, AT PACE'S 4-f5, AS RECEPTION # 363275. HAVE BY THESE PRESENTS AMENDED SAID LOTS AND DO HEREBY DEDICATE THE PRIVATE ACCESS EASEMENT AS SHOWN HEREON, FOR THE BENEFIT OF THE OWNER OF LOT 1, THEIR GUESTS AND INVITEES, SUBJECT TO THE RICHT OF ALL EMERGENCY UTILITIES TO MAKE USE OF SUCH ACCESS EASEMENT IN ALL REASONABLE ADDITIONAL ACTIVITY EASEMENT AREA I CIRCUMSTANCES. THE ABOVE DESCRIBED PROPERTY IS THE SAME AS THE PROPERTY DESCRIBED IN THE TITLE COMMITMENT ISSUED BY PITKIN COUNTY TITLE, INC. UNDER CASE NOPCT15691PR ABANDONED ACTIVITY EASEMENT AREA EFFECTIVE DATE OCTOBER 6, 2003. m EXECUTED THIS -----DAY OF - ------------ 200 . ' OWNERS.• LOT 1 OWNERS.• LOT 2 LOT 3 I I BY. --- .------------------------ BY---------_------- _---_ J. STOCKMAN DAVID STOCKMAN 40' PRIVATE ACCESS BY---------- D. STOCKMAN ADDRESS 1470 TIEHACK ROAD ASPEN, COLORADO 81611 STATE OF COLORADO ) BY.•- ---- ----_ JENNIFER STOCKMAN � SS COUNTY OF PITKIN THE ABOVE AND FOREGOING DOCUMENT WAS ACKNOWLEDGED BEFORE ME THIS -------- DAY OF _---_ _ __ __ ____ 200__ BY J STOCKMAN & R STOCKMAN AS OWNERS OF LOT 1 AND DAVID STOCKMAN & JENNIFER STOCKMAN AS OWNERS OF LOT 2. WITNESS MY HAND AND OFFICIAL SEAL NOTARY PUBLIC MY COMMISSION EXPIRES: MY ADDRESS IS.- TITLE CERTIFICATE THE UNDERSIGNED, A DULY -AUTHORIZED REPRESENTATIVE OF PITKIN COUNTY TITLE, INC, REGISTERED TO DO BUSINESS IN PITKIN COUNTY, COLORADO, DOES HEREBY CERTIFY, PURSUANT OF SECTION 20-15 (J) OF THE ASPEN MUNICIPAL CODE; TEAT THE PERSONS LISTED AS OWNERS OAr THIS AMENDED PLAT DO HOLD FEE SMPLE TITLE TO THE REAL PROPERTY DESCRIBED HEREIN, FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES EXCEPT THOSE LISTED ON THE TITLE COMMITMENT ISSUED BY PITKIN COUNTY TITLE, INC, UNDER CASE N0. PCN5691PR, EFFECTIVE DATE OCTOBER 6, 2003. ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS AMENDED PLAT ARE TRUE, THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE, NOR AN OPINION OF TITLE, NOR A GUARANTY OF TITLE, AND IT IS UNDERSTOOD AND AGREED THAT PITKIN COUNTY TITLE INC., NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATEVER ON ANY STATEMENT CONTAINED HEREIN. BY------------------------------VAY;6�^_---------- VINCE HICENS, PRESIDENT ADDRESS.- 601 E. IROPAUNS ASPEN, CO 8161f STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) THE TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS __�_�___ DAY OF ____ ____-----_---, 200-_, BY VINCE HIGENS AS PRESIDENT OF PITKIN COUNTY TITLE, INC.. WITNESS MY HAND AND OFFICIAL SEAL NOTARY PUBLIC MY COMMISSION EXPIRES: MY ADDRESS IS CITY COMMUNITY_DEVELOPMENT DIRECTOR APPROVAL THIS AMENDED PLAT OF LOTS 1 & 2, MAROON CREEK CLUB SUBDIVISION & P.U.D., SHOWN HEREON, WAS APPROVED BY THE CITY COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY OF ASPEN, COLORADO THIS _ ---_DAY OF zoo__. SIGNED------------- - --- __ - CITY COMMUNITY DEVELOPMENT DIRECTOR COMMUNITY_ DEVELOPMENT ENGINEER'S APPROVAL THIS AMENDED PLAT OF LOTS 1 & 2, MAROON CREEK CLUB SUBDIVISION & P.U.D., SHOWN HEREON, WAS APPROVED BY THE COMMUNITY DEVELOPMENT ENGINEER OF THE CITY OF ASPEN THIS ------- DAY OF __�___ __�__, 200-. SIGNED --------------------------- COMMUNITY DEVELOPMENT ENGINEER NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN .LINE TABLE LINE LENGTH BEARING L1 20.23' S 76°45'09" W L2 24.17' N 20°00'00" W L3 23.07' N 76°45'09" E L4 23.82' N 35006'09" W L5 15.39' S 75°38'f9" E L6 20.00' N 70*00,00" E L7 20.00' N 70°00'00" E L8 20.00' N 70°00'00" E L9 20.62' S 55°5750" W MO 39.42" N 22°30'00" W Lff 50.Of' S 22030'00" E GRAPHIC SCALE so 100 ( IN FEET) 1 inch Q 50 fin SOUTH LINE OF THE NW14 NI*4 . PER THE FINAL PLAT OF SKYWEW SUB./ P.U.D. PLAT BOOK 56, PAGES 95-102 RECEPTION 4451940 ASPEN CITY COUNCIL APP_)5Q_V_A THIS AMENDED PLAT OF LOTS 1 & 2, MAROON CREEK CLUB SUBDIVISION & P.U.D., SHOWN HEREON, WAS APPROVED BY THE CITY OF ASPEN CITY COUNCIL ON THE ------ DAY OF _ ___ _ _____, 200 BY ORDINANCE NO._ SERIES OF_,_, RECORDED IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO IN BOOK_ ---ON PACE -----AS RECEPTION NO. _____-- THE DEDICATIONS AND EASEMENTS SHOWN HEREIN ARE HEREBY ACCEPTED. ATTEST.- t CURVE TABLE CURVE LENGTH RADIUS I TANGENT CHORD BEARING DELTA C2 ,22.7f' 320.00'' f1.36' 22.71' N f7°30'10" E 4°04'00" C3 27, 57' 42. 00 ' 14, 30' 27. 07' N 35°02'32" W 37°36'f4" C4 93.97' 124.00' 49.37' 91.74' N 0528'11" E 43°25'1f" C5 27.99' 48.00, 14.40' 2759' S 10',28'33" W 33"24'26" C6 110.07' 76.00' 67.22' f00:70' N 3575'45" E 82°58'49" C7 67.29' 52.00, 39, 29' 62,69' N 39°40'46" E 74°08'46" C8 47.61' f00.00' .24.27' 47.18' N 02°36'04" W 27°16'42" C9 525' f8.00' 2.65' 5.24' N 24°36'08" W f6°4326" C10 25.99' 320.00' 13.00' 25.99 N 2f°51'48" E 4°39'15" C1f 81.98' 300.00' 41.25' 81.72' N 24'21'3f" E 15°3923" Cf2 314.01' 410.00' 16546' 306.39' S 21°02'14" W 43°52'56" C13 55.78' 820.00' 2796' 55.71' N ,20°27'50" E 9°59'f4" C14 9523' 8500' 53,31' 90.82' N 10°f8'46" E 64°f1'18" MAYOR DATE SOPRIS ENGINEERING - LLC CITY CLERK--��---- CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 �w . 4�t�\ ♦,� It F 4 ' ''r -U f3� `{♦ {� { j+� 1l�-. 7`�`,, �� . `�� (iR �,�•_ r��-'�NGOt.r couRsF ♦ : 5 }�'• 3`s` f ✓�` i6 Ioz so j, t� .�4t• ja �t �/� r-' _ �' ,i. YX �� S�.♦.♦�.. ��.�`1 "��:S� } �� v ri�.,f y- � }r4�7 /tier♦� ♦A A.qj� "•w �;. x �-r � � r 63 :.� � ""` '` I�'ater'"r C.1 �`(j'(r �� 1 > l�^, '• n "'�' \�: `� � / �fi rr .•� fi+�" .; X7 yr � ( � � �r; ` �`. :, � .�.�-�..� ~'♦�,1 � / � , a/+yrt r' �fM�t : 1 ; � tt,r � � yl � t1 �I I }� �y y .r't�� .cr._,S �.. I �,,,�� 44 �j' f ��($ � ', �r � �lr�` v(�f��n`" a•�t J} �} .. � � ,:, r �� tf t t � � f F �' • r1�� 7�' �� ♦,� fir �. � i tt / �.'"� ill . 'l .�J f' Jt141� � � � 1 f ! 1 � � J �d ��'I r3,s•�h 3(t3 7j}r "' ` z ,.f}1 �� t I11�; � i�il, VICINITY MAP PLAT NOTES SCALE: 1'=2000' 1) CITY APPROVAL OF THIS AMENDED PLAT DOES NOT GRANT ANY RIGHT TO CONTINUE ANY NON -CONFORMING INSTALLATION OF FEATURES OR IMPROVEMENTS NOR APPROVE ANY EXISTING OR FUTURE ENCROACHMENT. 2) THIS PROPERTY IS LOCATED ON THE PITKIN COUNTY, COLORADO AND INCORPORATED AREAS FLOOD INSURANCE RATE MAP, FIRM PANEL N0. .003, SHEET NO. 08097C203C EFFECTIVE DATE DUNE 4, 1987 THIS PROPERTY IS WITHIN ZONE(S) "X", IDENTIFIED AS AN AREA OUTSIDE THE 500 YEAR FLOOD PLAIN. 3) THIS LOTS f & 2 MAROON CREEK CLUB SUBDIVISION & P.U.D. AMENDED PLAT WILL COMPLY WITH CITY COUNCIL ORDINANCE No. ___ OF SERIES 200__. NOTES : 1) DATE OF SURVEY JUNE 05, AND ff 2003. 2) DATE OF PREPARATION • SEPTEMBER, R003. 3) BASIS OF BEARING.• A BEARING OF S 20°50'00" W FROM A FOUND R&WAR & CAP L.S. # 9184 ON THE N. W. CORNER OF LOT 4 TO A FOUND REBAR & CAP L. S. # 20f33 ON THE S. W CORNER OF LOT f. 4) BASIS OF SURVEY THE FINAL PLAT OF MAROON CREEK CLUB, SUBDIVISION AND P.U.D. IN BOOK 33 AT PAGE'S 4-f5, RECEPTION #363275 OF THE PITKIN COUNTY RECORDS AND THE FOUND MONUMENTS AS SHOWN. 5) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENGINEERING, LLC (SE) TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDING EASEMENTS, RIGHT-OF-WAY AND/OR TITLE OF RECORD SE RELIED UPON THE ABOVE SAID PLAT OF MAROON CREEK CLUB, SUBDIVISION & P.U.D. AND THE TITLE COMMITMENT PREPARED BY PITKIN COUNTY TITLE, CASE No. PCT1569fPR EFFECTIVE DATE OCTOBER 6, 2003 URVEYOR S CERTIFICA_T. 1, MARK S. BECKLER, A REGISTERED LAND SURVEYOR, DO HEREBY CERTIFY THAT I HAVE PREPARED THIS LOTS 1 & 2, MAROON CREEK CLUB SUBDIVISION & P. U.D., AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT THE SAME IS BASED ON FIELD SURVEYS PERFORMED UNDER MY SUPERVISION, THAT THIS MEETS THE REQUIREMENTS OF A LAND SURVEY PLAT AS SET FORTH IN CRY SECTION 38-5f-106, THE CONTROL PRECISION IS GREATER THAN f IN 10,000. RECORDED EASEMENTS; RIGHTS -OF -WAY AND RESTRICTIONS ARE THOSE SET FORTH IN SECTION 2 OF SCHEDULE B USED IN THE TITLE COMMITMENT ISSUED BY PITKIN COUNTY Q RAG UNDER CASE NO.PCT15691PR, EFFECTIVE DATE OCTOBER 6, 200 p0... �•.,�ST DATED 20a- MARK S. IBECKLAW%R L.S.• • #e,M43 CLERK AND RECORDERS CERTIFICATE THIS AMENDED PLAT WAS FILED FOR RECORDING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY. COLORADO, AT ----- O'CLOCK, __M ON THE --DAY OF , 200_-, AND IS RECORDED IN BOO ------ PACE ------ AS RECEPTION N0.---_-_.._.--__---. CLERK AND RECORDER 23037 23037AMEND.DWG a www.aspenpitkin.com 1 Gv COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Sirect Aspen, Colorado 8161 1 (970) 920-5090 City of Aspen Land Use: 1041 Deposit 1042 Flat Fee 1043 H PC 1046 Zoning and Sign Referral Fees: 1163 City Engineer 1205 Environmental Health 1190 Housing Building Fees: 1071 Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection 1079 Aspen Fire Other Fees: 1006 Copy 1 165 Remo Fee 1302 GIS Maps 1303 GIS Fee 1481 Housing Cash in Lieu 1383 Open Space Cash in Lieu 1383 Park Dedication 1468 Parking Cash in Lieu Performance Deposit 1268 Public Right-of-way 1 164 School District Land Ded. TOTAL L� NAME: — ADDRESS/ PROJECT: PHONE: CHECK# CASE/PERMIT#: # OF COPIES: DATE:/4 - I�Z� INITIAL:=� A MESSAGE ,Fl�OR: f J7 FROM I0y��c gwDATE c� /U �' OF �J (/ PHONE ` �y-/ AREA CODE NU ER TELEPHONED ❑ CAMETO SEE YOU A.M. TIME PM. ❑ URGENT EXT. RETURNEDYOUR CALL MESSAGE: PLEASE CALL WANTS TO SEE YOU WILL CALL AGAIN SIGNED M - ., vt ot s..00. r A .. n �Y y'iM--- t J Fl;r 47• rlow- - � ` y� F 7 27, d r Ot3��QFifro�r�iR�p�Rxti«�'u�oo, i� �. N CASE NUMBER A088-02 PARCEL ID # 2735-142-09002 CASE NAME Lots 1 & 2 MCC PUD Amendment PROJECT ADDRESS Lots 1 and 2 , Maroon Creek Club PUD PLANNER Scott Woodford CASE TYPE PUD Amendment OWNER/APPLICANT David and Jennifer Stockman REPRESENTATIVE Robert Trown & Associates DATE OF FINAL ACTION 02/24/03 CITY COUNCIL ACTION ORD NO -2003 PZ ACTION ADMIN ACTION APPROVED BOA ACTION DATE CLOSED 04/10/03 BY D DRISCOLL 689 Page: I of 3 '"'In 111111111111111111111111111111111111111111111111 003 SILVIA DAVIS PITKIN COUNTY CO R 16.00 5/140 0.0011:40A ORDINANCE NO. 6 SERIES OF 2003 AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT TO AMEND THE PLATTED DEVELOPMENT ENVELOPES ON LOTS 1 AND 2 OF THE MAROON CREEK CLUB SUBDIVISION / PUD, CITY OF ASPEN. Parcel ID: 2735-142-09-002 2735-142-09-001 WHEREAS, the Community Development Department received an application from the Applicant, Jennifer and David Stockman, represented by Kevin Morley of Robert Trown & Associates, Inc., requesting the Planning and Zoning Commission and City Council grant a Planned Unit Development (PUD) Amendment to amend the platted development envelopes on Lots 1 and 2 of the Maroon Creek Club; 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 Director, and has taken and considered public comment at a duly noticed public hearing; and WHEREAS, the Planning and Zoning Commission recommended to the City Council approval, by a vote of four to two (4-2) for a Planned Unit Development (PUD) Amendment to amend the platted development envelopes on Lots 1 and 2 of the Maroon Creek Club; and WHEREAS, the City of Aspen City Council 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 City of Aspen City Council reviewed and considered the development proposal at a regular City Council meeting on February 24, 2003 and, by a vote of three to two (3 - 2), approved this Ordinance (on Second Reading) for a Planned Unit Development (PUD) Amendment to amend the platted development envelopes on Lots 1 and 2 of the Maroon Creek Club; and WHEREAS, the City of Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO ON THE 24TH DAY OF FEBRUARY 2003, THAT: 482689 Ill IIII Page: 2 of 3 05/14/2003 11:40A Section 1 SILVIA DAVIS PITKIN COUNTY CO R 16.00 D 0.00 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the requests for a Planned Unit Development (PUD) Amendment to amend the platted development envelopes on Lots 1 and 2 of the Maroon Creek Club is approved with the following conditions stated herein: 1. Prior to recordation of an amended subdivision plat, an access easement shall be granted to the owner of Lot 1 Maroon Creek Club Subdivision across Lot 2 Maroon Creek Club Subdivision. In addition, a note shall be placed on the plat requiring that the structure built on Lot 2 be restricted in size to 6,000 square feet per the applicant's offer to reduce its allowable floor area ratio. 2. Prior to final approval of the driveway alignment, a tree permit from the Parks Department will be required. Mitigation for the nine (9) trees to be removed on site will be at the rate in effect at the time of building permit, as identified per the Municipal Code. Mitigation can be on -site with landscaping of the native restoration area. 3. The entire area west of the proposed Y-turn around which currently serves as the driveway, will need to be re -vegetated in native plantings only. The area in front of the house and to the South of the y-turn can be landscaped for screening or per the discretion of the owners of the residence. 4. The common driveway servicing Lots 1 and 2 shall be kept free and clear of snow and vehicles at all times of the year per the requirements of the Fire Department. Section 2• All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3• This Ordinance shall not 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 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section >: 482689 Page: 3 of 3 05/14/2003 11:40A SILVIA DAVIS PITKIN COUNTY CO R 15.00 D 0.00 A public hearing will be held the 241h day of February 2003 at 5:00 p.m. in the City Council Chambers, 130 South Galena. INTRODUCED, READ AND ORDERED PUBLISED as provided by law, by the City Council of the City of Aspen on this 27`h day of January, 2003. ATTEST: y/J � v J L athryn,T�j c ity�Clerk FINALLY, adopted, passed, and approved this 24`h day of February,2003. STSp AS TO FORM: n orc s or, City Attorney PLEASE RETURN TO CITY CLERK 130 S. GALENA ASPEN, CO 81611 Vitt� MEMORANDUM TO: Mayor Klanderud and City Council THRU: Julie Ann Woods, Community Development Dlrectofa FROM: Scott Woodford, City Planner0w" RE: LOTS I AND 2 MAROON CREEK CLUB / PLANNED UNIT DEVELOPMENT AMENDMENT (2 ND READING) DATE: February 24, 2003 PROJECT REQUEST SUMMARY: r The applicants, Jennifer and David Stockman, represented by Kevin Morley of Robert Trown & Associates, Inc., requests the City Council grant a Planned Unit Development (PUD) Amendment to amend the platted development envelopes on Lots 1 and 2 of the Maroon Creek Club. STAFF RECOMMENDATION: Staff recommends denial of the Planned Unit Development (PUD) Amendment to amend the platted development envelopes on Lots 1 and 2 of the Maroon Creek Club. PLANNING AND ZONING COMMISSION RECOMMENDATION: At the January 7, 2002 Planning and Zoning Commission meeting, the P&Z voted 4-2 to approve the Planned Unit Development (PUD) Amendment to amend the platted development envelopes on Lots 1 and 2 of the Maroon Creek Club. REVIEW PROCESS: According to Section 26.445.110 of the Land Use Code, an amendment to a PUD found to be inconsistent with the approved final development plan by the Community Development Director shall be subject to final development plan review and approval by the Planning and Zoning Commission and City Council. Staff finds this amendment to be inconsistent with the approved final development plan, so review will be by both the Planning and Zoning Commission and City Council. DESCRIPTION OF PROPOSAL: The purpose of the request to amend the development envelopes of the two lots is so that the applicants (who own both Lots 1 and 2) can construct one common driveway accessing both lots instead of having separate driveways to each lot. It is their desire to have a single, "custom and private" driveway servicing the two lots, both of which are owned by the applicants. Although they do not propose to sell the lots separately, an access easement will be dedicated across Lot 2 to Lot 1 in case there are separate owners in the future. Lot 1 has already been developed with a single-family residence and has its own driveway access directly from Tiehack Road, while Lot 2 is undeveloped. If approved, the applicants plan to abandon the existing driveway on Lot 1 and re -vegetate it. To be able to facilitate the common driveway, it will be necessary to encroach outside of the platted development envelopes of both lots. Development envelopes are areas on a lot that cannot be built upon, but can be disturbed with driveways and landscaping. Areas outside of the development envelope must remain in their natural state. In exchange for encroaching outside of the development envelopes, the applicant is proposing to abandon other developable areas on each lot in amounts exceeding the area requested to be disturbed for the driveway. The exchange is summarized in the chart below: Lot 1 Maroon Creek Club Subdivision New Development Envelope Requested: 2,500 square feet Abandoned Development Envelope: 2,572 square feet Lot 2 Maroon Creek Club Subdivision New Development Envelope Requested: 1,432 square feet Abandoned Development Envelope: 1,582 square feet To help mitigate the additional impact to the site from the common driveway, the applicant is offering to reduce the amount of floor area ratio (FAR) on the undeveloped lot from what is allowed (10,000 square feet) down to 6,000 square feet. This requirement would run with the land regardless of present or future ownership. According to the Parks Department, there will be at least nine trees removed to make way for the driveway. Mitigation for the trees to be removed on site will be $13,250.88. A tree permit will be required before final approval of the driveway alignment. Mitigation can be done on -site with landscaping of the native restoration area. The entire area west of the proposed Y-turn, which serves as the current driveway, will need to be re -vegetated with native plantings. The area in front of the existing house and to the south of the Y- turn can be landscaped for screening at the resident's discretion. In addition to the new driveway, two other changes requested are to shift the entry point of the driveway from Tiehack Road to Lot 2, so that it is entirely contained within the lot (the platted development envelope shows access in a slightly different location and across the adjacent lot to the north) and to move the garage entry on the house on Lot 1 from the driveway courtyard in front of the house to the east side of the structure (which requires additional encroachment in the existing development envelope). They then plan to reclaim part of the gravel driveway and re -vegetate it with native landscaping. BACKGROUND: The Maroon Creek Club Subdivision PUD was originally approved by the Board of County Commissioners and annexed into the City in 1996. -2- STAFF ANALYSIS: Staff does not support the request to amend the development envelopes because it is our opinion that it doesn't comply with the PUD Development Standards and several provisions of the Subdivision section of the Land Use Code. For staff comments on how the proposal does not comply with the PUD Development Standards, see Exhibit A. First, we feel that the proposed driveway is unnecessary because it duplicates the adjacent City street, Tiehack Road, by closely paralleling it and accomplishing the same purpose of access to all lots along the street. Section 26.480.050.B.b (Suitability of land for subdivision) precludes this duplication of public facilities. The specific code provision states the following: Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Second, staff feels that the proposed common driveway will create a potentially dangerous situation for fire truck or other emergency service access. During the course of this review, the applicant has worked with the Fire Chief to design a driveway plan that meets their minimum requirements for width and fire truck turnaround capability. In addition, a vehicle turnout midway along the driveway has been added so that a car could pull to the side in the event an emergency service vehicle needed to get by. While it may be technically possible to meet Fire Department access standards in plan, staff believes that in reality, this proposal creates an unnecessarily dangerous situation. To ensure that the driveway is accessible year around, constant attention will have to be paid to snow removal and to making sure that the turnaround area is always free of parked vehicles. Section 26.480.050.B.a. (Suitability of land for subdivision) does not allow the creation of a situation that may be dangerous for the residents of a subdivision: Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or wel are of the residents in the proposed subdivision. Staff also feels that the proposed driveway will unnecessarily create more impermeable surface and disrupt natural vegetation. Although the exact, final layout of the driveway has not been determined, the Parks Department believes that there will be 9 trees lost to make way for the driveway. Granted, a portion of those trees would be lost if the applicant decided to construct two individual, non -connected driveways, but the plan for a common driveway definitely increases the impact to natural vegetation. Finally, even though the two lots are jointly owned now, which would allow the common access to possibly function more smoothly, we are concerned about the ramifications of -3- when one lot is sold separately. There is no mechanism currently proposed, such as consolidating the lots, that would guarantee that this scenario would not transpire in the future. If they ever were to be sold separately, a situation could arise where the new owner of one of the lots petitions the city to have the common driveway undone and the separate driveway access arrangement reinstated. Doing so, would create additional site impacts and require new re -vegetation. In summary, if the proposed common driveway were the only method to achieve access to these lots (for example, due to topographic concerns), staff would likely be more lenient in its evaluation and recommendation; however, there already exists an adequate driveway to Lot 1 and it appears that a reasonable driveway can be constructed to undeveloped Lot 2. We feel that removing a driveway, where there already has been impact to the site, and replacing it with a longer and harder to access driveway with new impacts to the natural vegetation, will not be a good planning solution and is not necessary. PLANNING AND ZONING COMMISSION COMMENTS: The P&Z voted 4-2 to approve the application. Those who voted against approving would have been willing to approve it if the applicant were willing to reduce the FAR on the undeveloped lot from the offered amount, 6,000 square feet, to 4,000 square feet. The applicant felt that they were already offering less than the 10,000 square feet allowed, so were not in favor of that restriction. Initially, several members of P&Z also wanted to add a condition requiring a deed restriction preventing the sale of each property individually, but backed off that condition prior to approval. STAFF RECOMMENDATION: Staff recommends denial of the Planned Unit Development (PUD) Amendment to amend the platted development envelopes on Lots 1 and 2 of the Maroon Creek Club. RECOMMENDED MOTION (NOTE: ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE): "I move to approve Ordinance No. _, Series of 2002, for a Planned Unit Development (PUD) Amendment to amend the platted development envelopes on Lots 1 and 2 of the Maroon Creek Club." CITY MANAGER'S COMMENTS: ATTACHMENTS: EXHIBIT A: FINDINGS -PLANNED UNIT DEVELOPMENT STANDARDS FINDINGS EXHIBIT B: DEVELOPMENT REVIEW COMMITTEE (DRC) MINUTES -4- EXHIBIT C: APPLICATION EXHIBIT D: PLANNING AND ZONING COMMISSION RESOLUTION EXHIBIT E: 1/7/03 P&Z HEARING MINUTES EXHIBIT F: LETTER FROM SITE AND ARCHITECTURAL REVIEW COMMITTEE OF THE MAROON CREEK CLUB MASTER ASSOCIATION EXHIBIT G: SITE PLAN - 5 - ORDINANCE NO. U, SERIES OF 2003 AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT TO AMEND THE PLATTED DEVELOPMENT ENVELOPES ON LOTS 1 AND 2 OF THE MAROON CREEK CLUB SUBDIVISION / PUD, CITY OF ASPEN. Parcel ID: 2 735-142-09-002 2735-142-09-001 WHEREAS, the Community Development Department received an application from the Applicant, Jennifer and David Stockman, represented by Kevin Morley of Robert Trown & Associates, Inc., requesting the Planning and Zoning Commission and City Council grant a Planned Unit Development (PUD) Amendment to amend the platted development envelopes on Lots 1 and 2 of the Maroon Creek Club; 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 Director, and has taken and considered public comment at a duly noticed public hearing; and WHEREAS, the Planning and Zoning Commission recommended to the City Council approval, by a vote of four to two (4-2) for a Planned Unit Development (PUD) Amendment to amend the platted development envelopes on Lots 1 and 2 of the Maroon Creek Club; and WHEREAS, the City of Aspen City Council 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 City of Aspen City Council reviewed and considered the development proposal at a regular City Council meeting on February 24, 2003 and, by a vote of to approved this Ordinance (on Second Reading) for a Planned Unit Development (PUD) Amendment to amend the platted development envelopes on Lots 1 and 2 of the Maroon Creek Club; and WHEREAS, the City of Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO ON THE 24TH DAY OF FEBRUARY 2003, THAT: -6- Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the requests for a Planned Unit Development (PUD) Amendment to amend the platted development envelopes on Lots 1 and 2 of the Maroon Creek Club is approved with the following conditions stated herein: 1. Prior to recordation of an amended subdivision plat, an access easement shall be granted to the owner of Lot 1 Maroon Creek Club Subdivision across Lot 2 Maroon Creek Club Subdivision. In addition, a note shall be placed on the plat requiring that the structure built on Lot 2 be restricted in size to 6,000 square feet per the applicant's offer to reduce its allowable floor area ratio. 2. Prior to final approval of the driveway alignment, a tree permit from the Parks Department will be required. Mitigation for the nine (9) trees to be removed on site will be at the rate in effect at the time of building permit, as identified per the Municipal Code. Mitigation can be on -site with landscaping of the native restoration area. 3. The entire area west of the proposed Y-turn around which currently serves as the driveway, will need to be re -vegetated in native plantings only. The area in front of the house and to the South of the y-turn can be landscaped for screening or per the discretion of the owners of the residence. 4. The common driveway servicing Lots 1 and 2 shall be kept free and clear of snow and vehicles at all times of the year per the requirements of the Fire Department. Section 2 All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3• This Ordinance shall not 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 4• If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. -7- EXHIBIT A FINDINGS: PLANNED UNIT DEVELOPMENT STANDARDS The proposed amendment to the approved PUD is addressed against the applicable criteria in the PUD standards below. A. General Requirements: 1) The proposed development shall be consistent with the Aspen Area Community Plan. Staff Finding: Does it Comply? No Comments: In the Parks, Open Space, and the Environment section of the AACP, the intent is "to preserve, enhance, and restore the natural beauty of the environment of the Aspen area". Staff does not believe that the proposal would significantly degrade the natural beauty of the site, however, there would be more environmental impact to the site (i.e. more loss of trees) with the common driveway than there would be with two, shorter individual driveways to each lot. 2) The proposed development shall be consistent with the character of existing land uses in the surrounding area. Staff Finding: Does it Com 1 ? No Comments: Most of the developed lots in the surrounding area are each accessed directly by a driveway from the public street. The common driveway proposed would be a departure from that pattern. 3) The proposed development shall not adversely affect the future development of the surrounding area. Staff Finding: Does it Comply? Not applicable Comments: 4) Final approval shall only be granted to the development to the extent to which GMQS allotments are obtained by the Applicant. Staff Finding: Does it Comply? Not applicable Comments: B. Establishment of Dimensional Requirements: Staff Finding: Does it Comply? Not applicable Comments: -a- C. Site Design: Staff Finding: Does it Comply? I No Comments: Staff feels that the application does not comply with the provision that states, "buildings and access ways are appropriately arranged to allow emergency and service vehicle access." We feel that the proposed driveway creates an unnecessarily dangerous access to the lots. D. Landscape Plan: Staff Finding: Does it Comply? I No Comments: With the common driveway proposal, staff does not feel that the plan preserves the existing vegetation as well as it could by using separate, shorter driveways to each lot. E. Architectural Character: Staff Finding: Does it Comply? Not applicable Comments: F. Lighting: Staff Finding: Does it Comply? Not applicable Comments: G. Common Park, Open Space, or Recreation Area: Staff Finding: Does it Comply? Not applicable Comments: H. Utilities and Public Facilities: Staff Finding: Does it Comply? Not applicable Comments: I. Access and Circulation: Staff Finding: Does it Comply I Yes Comments: While staff finds the proposal to create problems with access and circulation, it does comply with the six specific criteria of the PUD. J. Phasing of Development Plan: Staff Finding: Does it Comply? Not applicable Comments: -9- EXHIBIT B DEVELOPMENT REVIEW COMI UTTEE (DRC) MINUTES MEMORANDUM To: Development Review Committee From: John Niewoehner, Community Development Engineer, DRC Caseload Coordinator Date: October 30, 2002 Re: Maroon Creek Club — Lot 1 and 2 Attendees: Scott Woodford, Community Development Department Ed VanWalraven, Fire Department Brian Flynn, Parks Department John Niewoehner, Community Development Department Kevin Morley, Applicant's Representative At the October 30, 2002 meeting, the Development Review Committee reviewed the following project: Maroon Creek Club Lots 1&2: A minor PUD amendment to modify the existing development on lots 1 and 2 to allow for a common driveway. DRC COMMENTS Engineering Department: No comments at this time. 2. Community Development Engineer: • Since vehicles will access Lot 1 by driving across Lot 2, an access easement is needed across Lot 2. Zoning: No comments at this time. Housing Department: No comments at this time. Fire Protection District: • Since the driveway is more than 150 feet long, the driveway must be 16 feet wide. • All dwellings must have sprinklers. • The driveway must be designed to accommodate the necessary movements of a fire truck (including turning around). In addition, at the mid point of the driveway there needs to be a wide pull out spot in the driveway to allow two vehicles to pass. In order to limited the area of pavement, this area should be incorporated into the driveway area serving exclusively Lot 2. • The turn off of Tiehack Road needs to be 'softened' to provide access for a large fire truck. • Some of the driveway requirements for fire access may not be necessary if the existing driveway serving Lot 1 remains. If the Lot 1 driveway is replaced with grass-crete pavers, the pavers would have to be designed to DOT standards to support a fire truck. The grass-crete driveway would also have to be maintained year round (i.e. plowed). Parks Department: No comments at this time. Building Department: No comments at this time. Pagel of 2 October 30, 2002 MCC- Lot 1 and 2 8. City Water Department: No comments at this time. 9. Aspen Consolidated Sanitation District: No comments at this time. 10. Environmental Health: 11. City Community Development — Planning_ No comments at this time. 12. City Electric Department: No comments at this time. 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 Planning: No comments at this time. 18. County and City Disaster Coordinator: No comments at this time. 19. Transportation: No comments at this time. 20. Parking: No comments at this time. /DRC/MCC-lotl &2 ROBERT T120WN 0 A660CIAH& INC. October 18, 2002 APPLICATION & SITE PLAN Mr. James Lindt Planner Aspen/PitkinCounty Planning Department 130 South Galena Street Aspen, CO 81611 Re: Minor PUD Amendment Lots 1 & 2, Maroon Creek Club PUD Mr. Lindt: Enclosed please find out application and supporting documentation for our request for a minor PUD amendment. This proposal is a simple request to modify the existing development envelopes on lots 1 and 2. These contiguous properties are owned by the same family, and their wish is to enter both properties from a single drive. This would give the main property (Lot 1) a more custom and private dive through their contiguous properties, while distancing themselves from the subdivision which is now under construction beyond the Maroon Creek Development. The intent of our design is to keep the drive very "low key", letting it sit on and run across the existing topography with as little disturbance as possible. Where this is not an option, it would be our intent to vegetate the cuts or fills so that they look as natural as possible. We are currently not allowed to run driveway between the two properties because we do not have development envelope that runs between the two properties. Review of the submitted site plan will show how we are proposing to modify the existing development envelopes. In trade, we are proposing returning equal portions of the existing development back to native, un-developable land. Our proposal, as shown on the submitted site plan, would indicate the following: Lot 1 Additional Development Envelope Requested: 2,500 square feet Abandoned Development Envelope: 2,572 square feet The abandonment of the current drive will give the neighborhood much more privacy, screening the existing structure on Lot 1 from the cul-de-sac and the development beyond Maroon Creek. The large area of gravel running from the structure on Lot 1 to the cul-de-sac will be reclaimed and turned into landscape. The new driveway alignment will, although longer, greatly reduce the pitch of the drive servicing Lot 1. Lot 2 Additional Development Envelope Requested: 1,432 square feet Abandoned Development Envelope: 1,582 square feet The current Development Envelope meant for accessing Lot 2 is not conducive for an access. The existing envelope would force the drive perpendicular to the existing grades which would result in a very large amount of require fill dirt. This alignment would also run the drive through heavy stands of existing native shrubs and plantings. The proposed alignment of the drive off Tiehack Road would lend itself to a much more gentle pitch on the drive. The alignment also avoids all of the existing native vegetation. Once on the property of Lot 2, the intent is to let the drive move in and out of the existing mature vegetation so that no trees would have to be removed. 25 Lower Woodbridge Rd. - Suite 104-B - P.O. Box 6820 - Snowmass Village, CO 81615 - (970) 923-2644 - FAX (970) 923-2599 f,: Minor PUD Amendment, Lou 1 and 2, Maroon Creek Club PUD Page 2 As the drive crosses from Lot 2 to Lot 1, we anticipate the loss of (1) one aspen tree on each lot. These would be easily mitigated through re -vegetation. We would like to offer a reduction in available FAR on lot 2, since it is not the intent of the current owner to sell the property individually. Lot 2 currently has 10,000 square feet of above grade FAR available for use, as calculated by the Maroon Creek PUD. We are willing to restrict this site to 6,000 square feet of above grade FAR as calculated by the Maroon Creek PUD. This reduction in FAR will help to mitigate the size of homes the drive serves. It will also help reduce the overall sense of bulk and mass of the structures in the neighborhood. We are also ready to provide a surveyed easement locating the drive across Lot 2 for the use by Lots 1 and 2, subject to the approval of this minor amendment. The agreement made with staff is to stake the exact location of the drive with members of staff, and to then survey this drive alignment and all of the existing vegetation to provide an accurate depiction of the drive easement. The enclosed photographs depict the existing site conditions. The locations and direction that each photograph was taken is indicated on the submitted site plan. Review will visually show how the proposed drive location will benefit each lot, and the feasibility in which this drive can be constructed with a minimum of disturbance to each lot. We feel that the request for this minor amendment is one where all parties concerned will benefit. The Maroon Creek Club community will be enhanced by fewer curb cuts off Tiehack Road, and will be provided with much more vegetation along the road. The proposed reduced building FAR will allow for more sensitive site planning and the preservation of existing vegetation even as it exists within the building envelope. The owners of Lots 1 and 2 will be provided with an access worthy of the estate and amount of property contiguously owned. If you should have any questions or concerns with the submitted information, please do not hesitate to contact our office. S' cerely, Kevin G. Morley, AIA Robert Trown and Associates, Inc. Oct-16-2002 08:39am From- T-784 P.002/00Z F-150 POD P.L TIDO" October 11, 2002 Mr. James Lindt Planner A9pen/Pitkin County Planning Department 130 South Galena, Street Aspen, CO 81611 Mr. Lindt: 'M8 letter of authorization would allow Robert Trown & Associates, Inc, to act as the a �I nt for the David and Jennifer Stockman with matters pertaining to, but not limited to the proc-�41ng of all items through the County and any other committee necessary. The property is defineds: Lot 1 Maroon Creek Club n7D, 1470 Tiehack Road, Aspen, CO 81611 Lot 2 :Maroon Crack Club PLC, Tiehack Road, Aspen, CO 91611 Please direct aay correspondence to: Robert Trown & Associates, Inc. PO BEox 1628 Snowmws Village, CO 81615 Tel: (970) 923-2644 Sincerely, David Stockman, Owner Lot 1 1470 Tiehack Road Aspen, CO 81611 Lot 2 Maroon Creek Club Aspen CO 81611 J=Mifer Sto an, Owner Lot 1 1470 iehack Road Aspen, Lot 2 Maroon Creek Club Aspen, .2.3 Lower. Woodbridge Rd. - SuiW 104-13 . p.0, Box 6820 • Snowrnass Village, CC 81615 • (97o) 923-2644 - PA 81611 81611 �(970) 923-2599 ATTACHMENT 2 —LAND USE APPLICATION Location: 1 q-1 O T1 el rV�a\'_ cn 51 to t \ � Lam- 1 I (Indicate street address, lot & block number, legal description where kPPLICANT: Name: �24 !hone i i REPRESENTATIVE: Name: e V Y1 61. 0or 1 Address: QVS Phone #: 1 O rxUjEcr: ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition GMQS Exemption ❑ Subdivision ❑ Historic Designation LJ ESA - 8040 Greenhne, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use ❑ Other. ❑ Lot Line Adjustment ❑ Text/Map Amendment . Y-rh Ur APPLICATION: (please checK all that apply): EMSTING CONDITIONS: (description of existing buildings uses previous approvals, etc.) L ol- 1 fps s\n SF . Loft Z \s yAcaofi l ak- w I�ii1 PROPOSAL: (description of proposed buildings, uses, modifications, etc. Modify existing development envelopes on Lots 1 and 2 to allow shared access from Lot 2. Abandon existing Lot 1 access. Trade envelope so no increased development envelope. Limit FAR on Lot 2 to 6,000 sq. ft above grade, measured per existing PUD requirements. Subgrade FAR not affected by this application. Have you attached the following? FEES DUE: S LS$Cj. 00 Pre -Application Conference Summary Attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards A" 'Ans that are larger than 8.5" a 11" must be folded and a floppy disk with an electronic copy of all written te. Iicrosoft Word Format) must be submitted as part of the application. Stewart res,;J To SnoN Village �-^�hrtrNoaaa "'•_�Ja� \ }''_ I and Glenwood Springs W. jauchanah Starwood' 82 Lay 0 M`c� oaJ'' 'vVhlta .Bluer ff '� T To Snowmass Y� t a yll Village (unpaved '� \,� \$ �+ ra road( `•.'$ dsperrr N ; I ortk,,, ru aM O : { QIY aft. as,rrDSs "`"•.ti n j '\ 9 p Cahn"41. �`- 6 ? ass r 1 11,9id tot Or y 75 e 5 .YUllvr,l,iln ti0r MiuncanViewO SnawbunnyLnr ` Ja 1 �L. ` O r B�nnVCt ri fr ,fit hj, Srerfa�i�BQ� 'WtYOr I t �• yr oc, m.:^ it r ' /.�� !Ir-;.: �• � '�,o mac,.. WWhitee drvvr Aspen • r � � eRr� l � �m f �� Nanuaal lv\ r?s. 's - s i - k fares! I \ Maroun Creek Rd ......�"'•,/ {'"„ - ,refit f .. y. 'liiillil +a�is � i�f w•7i Aspart �. `� ..• , ' 5� 123 rr ; Vvflay �.�4q ga`p T� o il:- ..Schrn A 1 2 .Mountaw Dvar a o '� As Pl I ti it i` u i t ,.: •. t- a pad { x O Sievars Cir wall Lo o C �• t r Wei t P1 {,-:. J. - Lo•E-��Y: o ZuNe Ln r.L r�1 r. • 1� .ak et Ste:Ple- Ch sp Or ThundOrha - Aspen ' . ' ,i'•ihlfv Xvar f ; Highlands x ��a add°.,a, �sek R � w �s a �� !rota^I EXHIBIT D PLANNING AND ZONING COMMISSION RESOLUTION RESOLUTION NO. _, SERIES OF 2003 A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT TO AMEND THE PLATTED DEVELOPMENT ENVELOPES ON LOTS 1 AND 2 OF THE MAROON CREEK CLUB SUBDIVISION / PUD, CITY OF ASPEN. Parcel ID: 2 735-142-09-002 WHEREAS, the Community Development Department received an application from the Applicant, Jennifer and David Stockman, represented by Kevin Morley of Robert Trown & Associates, Inc., requesting the Planning and Zoning Commission grant a Planned Unit Development (PUD) Amendment to amend the platted development envelopes on Lots 1 and 2 of the Maroon Creek Club; 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 Director, and has taken and considered public comment at a duly noticed public hearing; and, WHEREAS, the Planning and Zoning Commission recommended to the City Council approval, by a vote of four to two (4-2) for a Planned Unit Development (PUD) Amendment to amend the platted development envelopes on Lots 1 and 2 of the Maroon Creek Club; and WHEREAS, the City of 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 City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO ON THE 7TH DAY OF JANUARY 2003, THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the requests for a Planned Unit Development (PUD) Amendment to amend the - 10- platted development envelopes on Lots 1 and 2 of the Maroon Creek Club is recommended for approval with the following conditions stated herein: 5. Prior to recordation of an amended subdivision plat, an access easement shall be granted to the owner of Lot 1 Maroon Creek Club Subdivision across Lot 2 Maroon Creek Club Subdivision. In addition, a note shall be placed on the plat requiring that the structure built on Lotl be restricted in size to 6,000 square feet per the applicant's offer to reduce its allowable floor area ratio. 6. Prior to final approval of the driveway alignment, a tree permit from the Parks Department will be required. Mitigation for the nine (9) trees to be removed on site will be $13,250.88, as identified per the Municipal Code. Mitigation can be on -site with landscaping of the native restoration area. 7. The entire area west of the proposed Y-turn around which currently serves as the driveway, will need to be re -vegetated in native plantings only. The area in front of the house and to the South of the y-turn can be landscaped for screening or per the discretion of the owners of the residence. Section 2 All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3• This 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 4! 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 January 7, 2003. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: John Worcester, City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk - 1z- ASPEN PLANNINt, & ZONINI EXHIBIT E Tygre noted that the commission h I/7/03 PLANNING AND ZONING COMMISSION MINUTES determination. The commission di unit at 1000 East Hopkins, off -site replacement as a last resort, capability of the neighborhoods with regards to deed -restricted units, the housing guidelines did not account for this type of replacement, the Ajax Homeowners tone towards deed -restricted units, concern for ADU rules, concern for the combining of the two units into one large unit, additional affordable housing was a plus, the Ajax Homeowners concerns, the Telluride decision and that the application doesn't meet the criteria. MOTION: Roger Haneman moved to extend the meeting to 7:30 p.m.; seconded by Bert Myrin. APPROVED 7-0. MOTION: Roger Haneman moved to approve P&Z Resolution #02, series 2003, recommending that City Council approve with conditions, a subdivision and PUD amendment, an amendment to the GMQS exemption for affordable housing at 1000 E. Hopkins, and a special review to vary the ADU design standards to allow for a Category Affordable Housing Unit that is legally described as Unit 4, of the 1000 E. Hopkins PUD; to be deed restricted as an ADU to allow for the free market unit legally described as Unit 2, of the Ajax Condominiums to be deed restricted as a Category 4 Sale Unit to replace Unit 4, of the 1000 E. Hopkins PUD as affordable housing mitigation with the revised condition #4. Seconded by Bert Myrin. Roll call vote: Johnson, no; Kruger, yes; Myrin, no; Cohen, no; Johns, no; Haneman, no; Tygre, no. DENIED 6-1. Myrin stated that the Telluride case will continue to impact decisions like this one even though this could have provided another employee housing unit. Eric Cohen excused himself at 7:30 p.m. MOTION: Roger Haneman moved to extend the meeting to 7:45 p.m.; seconded by Bert Myrin. APPROVED 6-0. PUBLIC HEARING: LOTS 1 AND 2 MAROON CREEK CLUB PUD AMENDMENT Jasmine Tygre opened the public hearing for Lots 1 and 2 Maroon Creek Club Amendment. David Hoefer said that the notice was provided. Scott Woodford introduced a letter from the Maroon Creek Master Association, Bill Lukes, with no evaluation for specific plans. Robert Morley, architect, stated 9 ASPEN PLANNIN" & ZONING COMMISSION JANUARY 7, 2003 that was correct no plans had been submitted to the homeowners association. David Hoefer asked if the homeowners association had to approve this application if approved by P&Z; this was just one step of two. Morley replied that was correct, it was part of the CC&Rs that the association approves this change. Woodford said that this was an amendment to the Planned Unit Development to amend the platted development envelopes to combine two driveways into one. The applicants, Jennifer and David Stockman, own lots 1 and 2 and wanted a single Custom and Private Driveway, which cuts into the platted development envelopes. Woodford utilized a colored site -plan drawing to show the areas of encroachment with no development. The request included shifting the entry point of the driveway from Lot 1 and 2; Lot 2 would be entirely contained on the property along the front portion of Lot 1. The applicant also offered to limit the building on the undeveloped lot to 6,000 square feet rather than 10,000. The driveway angle would also be shifted. Staff did not support the request because it did not comply with the PUD Development Standards and several provisions of the Land Use Code; staff believes it was an unnecessary duplication of a road adjacent to a city street (Tiehack Road). There would be additional and constant maintenance required to keep the proposed driveway accessible for fire trucks without cars parked in the driveway. There was also concern for the trees lost with this common driveway. MOTION: Roger Haneman moved to extend the meeting to 8:00 p.m.; seconded by Bert Myrin. APPROVED 6-0. Kevin Morley said that in Maroon Creek there were development envelopes that would be re -platted back to Maroon Creek, which could not be touched. Morley said that Tiehack Road was above the property and explained each driveway access to the lot in the subdivision. Morley said that there were native trees and shrubs that would have to be removed. Morley said they were offering to isolate 225 square feet more by definition, whgich would be committed to landscape area; they also offered a 4,000 square foot reduction not to build a big house next door. Morley said of the 9 trees that will be removed, all were not native; the original developer of Lot 1 planted some and the mitigation of 9 trees would not be a problem. Morley said that the owners never intend to sell the properties separately and wanted to merge the lots without joining them; but would deed -restrict the lot for sale of both and not just one. Morley said that it was a win -win situation with more privacy and less exposure to the public. IN ASPEN PLANNINt, & ZONING COMMISSION JANUARY 7, 2003 Robert Trown, architect, stated that it was rare for a client to want to save trees and not maximize square footage; these people want to maintain the second lot as open space without an immediate intention of building anything on it. David Hoefer stated that this was going onto City Council. The commissioners felt the access easement if approved by the fire department was agreeable. Jack Johnson expressed concern for the 6,000 square feet dwelling still being too large on the second lot. Robert Trown stated that the concept was not to merge the lots but to deed -restrict the lots so that they could not be sold separately. Ruth Kruger asked the elevation drop from the road to the lots; what was the grade. Trown replied that it was about 18 — 20 feet down from the roadway; the grade was between 8 and 10 %. Bert Myrin asked if the 9 trees could be moved. Morley replied that some could be moved. Trown said that the proposal stated that they were bettering the fire situation with better access, limiting the amount of development and willing to work within the constraints. Myrin said that trading 4,000 square feet of inhabited space for a portion of a driveway and 9 trees mitigated any environmental impacts more than heating an extra 4,000 square feet of living space. MOTION: Bert Myrin moved to approve P&Z Resolution #3, series 2003, for a PUD amendment to the platted development envelopes on Lots 1 and 2 of the Maroon Creek Club with the requirement of an addition of 9 trees; seconded by Roger Haneman. Roll call vote: Johnson, no; Johns, no; Roger, yes; Kruger, no; Myrin, yes; Tygre, yes. DENIED 3-3. MOTION: Roger Haneman moved to approve P&Z Resolution #3, series 2003, for a PUD amendment to the platted development envelopes on Lots 1 and 2 of the Maroon Creek Club; seconded by Ruth Kruger. Roll call vote: Myrin, yes; Johns, yes; Kruger, yes; Johnson, no; Haneman, yes; Tygre, no. APPROVED 4-2. Tygre requested the agendas reflect less cases each week even if more meetings were necessary. The meeting adjourned at 8:00 p.m. Jackie Lothian, Deputy City Clerk I Sent By: William Lukes + Associates; EXHIBIT F: LETTER L __._M SITE AND ARCHITECTURAL REVIEW COMMITTEE OF THE MAROON CREEK CLUB MASTER ASSOCIATION I' 1< U i t L. I 61 n 1 A V G— L ix A R C tl I r F (: T V R E 7 January 2003 Scott Woodford, Planner Community Development Department City of Aspen 130 South Galena Aspen, Colorado 81611 re: Maroon Creek Club Lots 1 and 2 Amendment to the PUD proposed by Mr. And Mrs. David Stockman for modification of envelopes to allow construction of a shared driveway Mr. Woodford I am writing on behalf of the Site and Architecture Review Committee [SARC] of the Maroon Creek Club Master Association with regard to the application which is to be reviewed by the Planning & Zoning Commission later today. SARC is the entity which is responsible for all architectural and development reviews and approvals for single family lots at the Maroon Creek Club PUD, and Lots 1 and 2 are subject to the Protective Covenants of the PUD, and the Design Guidelines which have been adopted by SARC and the Master Association. On December 27, 2002, we received a proposed site plan from Robert Trown & Associates which is dated December 17, 2002 and subsequently requested and received the application letter dated October 18, 2002 and your staff report dated January 7, 2003- The applicant asked SARC to review the proposed plat amendment and provide you with a letter with our recommendations and thoughts that you could provide to the Planning & Zoning Commission members at their meeting today. No application for Association design approval for the proposed driveway, the architectural modifications to the existing house on Lot 1, or any structures proposed for Lot 2 have been submitted to SARC for review and approval and so we cannot comment on the specific configuration proposed to you, but the Association does not have an objection to a minor amendment to the plat to allow such a shared access, based on the applicants' representations to the City and to SARC and the information that was provided to us. The areas of this proposal which would be subject to detailed review by SARC, and which may require specific conditions of approval include the following; 1. The applicant has proposed reducing the allowable 10,000 above -grade SF for this lot to a maximum of no more than 6,000 above -grade SF. This reduction would be a fundamental trade-off In impacts for consideration of this proposal and we ask that it be specifically and legally included as a condition in any approval which the City grants. 2. Alignment of the driveway has been modified in this recent drawing to cross a portion of the Building Envelope on Lot 2. Since this reductlon of the building envelope is of the applicants' own choosing and making, SARC will not be inclined to grant any variances to the Design Guidelines and the site specific requirements for landscaping and landscaping mitigation due to space constraints in the envelopes, the grade of the proposed driveway in relation to floor heights established in our Design Guidelines, and so forth. This site has additional landscaping requirements to mitigate visibility of the Tiehack Bench lots from distant points across Maroon Creek which was required by the County in the PUD and which will continue to be a requirement for any development on Lot 2, as they were for Lot 1. V'ust (-)t t.t t.1 Nn> AaKy Asp vn Cui.uunun At6t1 9711. 92u.6929 t ax 9t.u. 69A6 Sent By: William Lukes + Associates; 970 920 6986; Jan-7-03 2:14PM; Page 2/2 7 January 21103 Page 2 3. We are concerned that the stand of oak trees and the existing aspen groves which are indicated on the plan as "to remain" and which are in the building envelope to varying degrees, will actually be removed for any construction on Lot 2, especially with the reduction in usable building envelope. Our Design Guidelines require a shared curb cut for the Lots 2 and 3 driveways. This is to occur at the common property line approximately where the Lot 1&2 shared driveway is proposed to access Tiehack Drive. The proposed adjustments in the development envelopes would not preclude this being worked out later so we have no objection to their request, but the curb cut as shown and as worked out with the fire department does not address the common access issue with Lot 3 which we had requested that the applicant address before submitting any plans for SARC's review. vj'Y From the point of view of the Association, the combining of driveways for Lots 1 and 2 would probably be a visual enhancement and perhaps even a practical enhancement for the immediate neighborhood, assuming that the above issues are addressed to the Association's satisfaction and assuming that the net result will be a much smaller house on Lot 2 than is currently allowed. Nevertheless, any proposal will be subject to SARC's review of much more detailed plans and proposed landscaping, and will have to involve the owner of Lot 3 to address a common driveway access point; we will not waive that requirement and allow a separate driveway as shown which encroaches into the lot 3 access area. We do not view the modified alignment and joining of the driveways as intrinsically negative or duplicative of the Tiehack cul-de-sac because there are some specific positives to it, such as eliminating and re -vegetating the existing driveway to Lot 1 and addressing grade and retaining wall conditions which I am not sure were fully contemplated or known at the time of the PUD approval by the County. Further, the development of the Urschel parcels which have their access adjacent to Lot 1 has created almost a blind driveway situation where both the existing driveway and the Jrschel access enter the cut de sac without sightlines to the other; moving the dnveway would certainly improve this situation. Please let me know if we can be of any further assistance. Sincerely, MAROON CREEK CLUB MASTER ASSOCIATION Site and Architecture Review Committee By: William Lukes AIA Architectural Advisor, Maroon Creek Club Master Association copies: Kevin Morley / RTA Gary Albert, President of the MCC Master Association Brian Martin, MCC sent by fax to all parties January 7, 2003 (1:59pm) ORDINANCE NO.6 SERIES OF 2003 AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT TO AMEND THE PLATTED DEVELOPMENT ENVELOPES ON LOTS 1 AND 2 OF THE MAROON CREEK CLUB SUBDIVISION / PUD, CITY OF ASPEN. Parcel ID: 2735-142-09-002 2735-142-09-001 WHEREAS, the Community Development Department received an application from the Applicant, Jennifer and David Stockman, represented by Kevin Morley of Robert Trown & Associates, Inc., requesting the Planning and Zoning Commission and City Council grant a Planned Unit Development (PUD) Amendment to amend the platted development envelopes on Lots 1 and 2 of the Maroon Creek Club; 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 Director, and has taken and considered public comment at a duly noticed public hearing; and WHEREAS, the Planning and Zoning Commission recommended to the City Council approval, by a vote of four to two (4-2) for a Planned Unit Development (PUD) Amendment to amend the platted development envelopes on Lots 1 and 2 of the Maroon Creek Club; and WHEREAS, the City of Aspen City Council 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 City of Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and WHEREAS, the City of Aspen City Council, by a vote of to L-J, approves a Planned Unit Development (PUD) Amendment to amend the platted development envelopes on Lots 1 and 2 of the Maroon Creek Club; and WHEREAS, the City of Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO ON THE 24TH DAY OF FEBRUARY 2003, THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the requests for a Planned Unit Development (PUD) Amendment to amend the platted development envelopes on Lots 1 and 2 of the Maroon Creek Club is approved with the following conditions stated herein: 1. Prior to recordation of an amended subdivision plat, an access easement shall be granted to the owner of Lot 1 Maroon Creek Club Subdivision across Lot 2 Maroon Creek Club Subdivision. In addition, a note shall be placed on the plat requiring that the structure built on Lot 2 be restricted in size to 6,000 square feet per the applicant's offer to reduce its allowable floor area ratio. 2. Prior to final approval of the driveway alignment, a tree permit from the Parks Department will be required. Mitigation for the nine (9) trees to be removed on site will be $13,250.88, as identified per the Municipal Code. Mitigation can be on -site with landscaping of the native restoration area. 3. The entire area west of the proposed Y-turn around which currently serves as the driveway, will need to be re -vegetated in native plantings only. The area in front of the house and to the South of the y-turn can be landscaped for screening or per the discretion of the owners of the residence. 4. The common driveway servicing Lots 1 and 2 shall be kept free and clear of snow and vehicles at all times of the year per the requirements of the Fire Department. Section 2 All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3• This Ordinance shall not 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 4• If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A public hearing will be held on this ordinance the 241h day of February 2003 at 5:00 p.m. in City Council Chambers, 130 South Galena, Aspen, Co. INTRODUCED, READ AND ORDERED PUBLISED as provided by law, by the City Council of the City of Aspen on this 271h day of January, 2003. ATTEST: Kathryn Koch, City Clerk Helen Klanderud, Mayor . \ � - •..,�, 04 4 \°zi' ` \OAF Aly I elm C-A- rr —lb A, Mom FiuAt�r AL cF v + O To ospn bPost-T,wrkc K-L—OFE IISZD MELOPMENTMW St lZI-I .0-3 000 70. Cl o 0 0 1116 DEVELOPS . bFbM., V ZZ-11 &-LL IN INems.. -. � \ = _1� pROPPRTy V wafer TltwN • AWMA STOCKMAN. RESIDENCE`E�°pF C Of=&SEF, 172i62 -El . PROPOSED DRIVEWAY ALIGNMENTt, , NORTH 1SCAU: 1-0 I-S-1 AND 2, MAROON -CREEK CITY COUNCIL AGENDA February 24, 2003 4:00 Executive Session — Property Acquisition 1) Call to Order II) Roll Call III) Scheduled Public Appearances IV) Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT on the agenda. Please limit your comments to 3 minutes) V) Special Orders of the Day a) Mayor and Councilmembers' Comments b) City Manager's Comments c) Board Reports VI) Consent Calendar (These matters may be adopted together by a single motion) a) Resolution #12, 2003 — Aspen Golf Club Locker Rooms b) Resolution #13, 2003 — REMP Spending c) Resolution #18, 2003 — Contract Burlingame Ranch Infrastructure d) Resolution #14, 2003 — Contract Dustless Street Sweeper e) Resolutions #15 & 16, 2003 — Contracts — Mill Street Well Rehabilitation f) Minutes — February 3, 10, 2003 VII) First Reading of Ordinances a) Ordinance #15, 2003 — Request to de -list Holland House From Historic Inventory P.H. 3/24 b) Ordinance #16, 2003 —Code Amendment —Trash Compactor Zone P.H. 3/10 Vill) Public Hearings a) Ordinance #1, 2003 — Adoption of Uniform Fire Code b) Ordinance #5, 2003 — Code Amendment — Infill Continue to 3/24 c) Ordinance #6, 2003 — Maroon Creek Club Lots 1 & 2 PUD Amendment d) Ordinance #7, 2003 — 1000 East Hopkins PUD Amendment e) Ordinance #12, 2003 —Wheeler Fees f) Resolution #17, 2003 — Tippler Townhomes Extension of Vested Rights g) The Residences at Little Nell Continue to 3/24 IX) Action Items a) Little Feet (Childcare) Funding b) Burlingame Parcel D Selection of a Development Team X) Adjournment Next Regular Meeting March 10, 2003 COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M. \lit MEMORANDUM TO: Mayor Klanderud and City Council THRU: Julie Ann Woods, Community Development Director FROM: Scott Woodford, City Planne(-_� RE: LOTS 1 AND 2 MAROON CREEK CLUB / PLANNED UNIT DEVELOPMENT AMENDMENT (1ST READING) DATE: January 27, 2003 PROJECT REQUEST SUMMARY: The applicants, Jennifer and David Stockman, represented by Kevin Morley of Robert Trown & Associates, Inc., requests the City Council grant a Planned Unit Development (PUD) Amendment to amend the platted development envelopes on Lots 1 and 2 of the Maroon Creek Club. STAFF RECOMMENDATION: Staff recommends denial of the Planned Unit Development (PUD) Amendment to amend the platted development envelopes on Lots 1 and 2 of the Maroon Creek Club. PLANNING AND ZONING COMMISSION RECOMMENDATION: At the January 7, 2002 Planning and Zoning Commission meeting, the P&Z voted 4-2 to approve the Planned Unit Development (PUD) Amendment to amend the platted development envelopes on Lots 1 and 2 of the Maroon Creek Club. REVIEW PROCESS: According to Section 26.445.110 of the Land Use Code, an amendment to a PUD found to be inconsistent with the approved final development plan by the Community Development Director shall be subject to final development plan review and approval by the Planning and Zoning Commission and City Council. Staff finds this amendment to be inconsistent with the approved final development plan, so review will be by both the Planning and Zoning Commission and City Council. DESCRIPTION OF PROPOSAL: The purpose of the request to amend the development envelopes of the two lots is so that the applicants can construct one common driveway accessing both lots instead of having separate driveways to each lot. It is their desire to have a single, "custom and private" driveway servicing the two lots, both of which are owned by the applicants. Although they do not propose to sell the lots separately, an access easement will be dedicated across Lot 2 to Lot 1 in case there are separate owners in the future. Lot 1 has already been developed with a single-family residence and has its own driveway access directly from Tiehack Road, while Lot 2 is undeveloped. If approved, the applicants plan to abandon the existing driveway on Lot 1 and re -vegetate it. To be able to facilitate the common driveway, it will be necessary to encroach outside of the platted development envelopes of both lots. Development envelopes are areas on a lot that cannot be built upon, but can be disturbed with driveways and landscaping. Areas outside of the development envelope must remain in their natural state. In exchange for encroaching outside of the development envelopes, the applicant is proposing to abandon other developable areas on each lot in amounts exceeding the area requested to be disturbed for the driveway. The exchange is summarized in the chart below: Lot 1 Maroon Creek Club Subdivision New Development Envelope Requested: 2,500 square feet Abandoned Development Envelo e: 2,572 square feet Lot 2 Maroon Creek Club Subdivision New Development Envelope Requested: 1,432 square feet Abandoned Development Envelope: 1,582 square feet To help mitigate the additional impact to the site from the common driveway, the applicant is offering to reduce the amount of floor area ratio (FAR) on the undeveloped lot from what is allowed (10,000 square feet) down to 6,000 square feet. This requirement would run with the land regardless of present or future ownership. According to the Parks Department, there will be at least nine trees removed to make way for the driveway. Mitigation for the trees to be removed on site will be $13,250.88. A tree permit will be required before final approval of the driveway alignment. Mitigation can be done on -site with landscaping of the native restoration area. The entire area west of the proposed Y-turn, which serves as the current driveway, will need to be re -vegetated with native plantings. The area in front of the existing house and to the south of the Y- turn can be landscaped for screening at the resident's discretion. In addition to the new driveway, two other changes requested are to shift the entry point of the driveway from Tiehack Road to Lot 2, so that it is entirely contained within the lot (the platted development envelope shows access in a slightly different location and across the adjacent lot to the north) and to move the garage entry on the house on Lot 1 from the driveway courtyard in front of the house to the east side of the structure (which requires additional encroachment in the existing development envelope). They then plan to reclaim part of the gravel driveway and re -vegetate it with native landscaping. BACKGROUND: The Maroon Creek Club Subdivision PUD was originally approved by the Board of County Commissioners and annexed into the City in 1996. STAFF ANALYSIS: Staff does not support the request to amend the development envelopes because it is our opinion that it doesn't comply with the PUD Development Standards and several provisions of the Subdivision section of the Land Use Code. For staff comments on how the proposal does not comply with the PUD Development Standards, see Exhibit A. -2- First, we feel that the proposed driveway is unnecessary because it duplicates the adjacent City street, Tiehack Road, by closely paralleling it and accomplishing the same purpose of access to all lots along the street. Section 26.480.050.B.b (Suitability of land for subdivision) precludes this duplication of public facilities. The specific code provision states the following: Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Second, staff feels that the proposed common driveway will create a potentially dangerous situation for fire truck or other emergency service access. During the course of this review, the applicant has worked with the Fire Chief to design a driveway plan that meets their minimum requirements for width and fire truck turnaround capability. In addition, a vehicle turnout midway along the driveway has been added so that a car could pull to the side in the event an emergency service vehicle needed to get by. While it may be technically possible to meet Fire Department access standards in plan, staff believes that in reality, this proposal creates an unnecessarily dangerous situation. To ensure that the driveway is accessible year around, constant attention will have to be paid to snow removal and to making sure that the turnaround area is always free of parked vehicles. Section 26.480.050.B.a. (Suitability of land for subdivision) does not allow the creation of a situation that may be dangerous for the residents of a subdivision: Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. Staff also feels that the proposed driveway will unnecessarily create more impermeable surface and disrupt natural vegetation. Although the exact, final layout of the driveway has not been determined, the Parks Department believes that there will be 9 trees lost to make way for the driveway. Granted, a portion of those trees would be lost if the applicant decided to construct two individual, non -connected driveways, but the plan for a common driveway definitely increases the impact to natural vegetation. Finally, even though the two lots are jointly owned now, which would allow the common access to possibly function more smoothly, we are concerned about the ramifications of when one lot is sold separately. There is no mechanism currently proposed, such as consolidating the lots, that would guarantee that this scenario would not transpire in the future. If they ever were to be sold separately, a situation could arise where the new owner of one of the lots petitions the city to have the common driveway undone and the separate driveway access arrangement reinstated. Doing so, would create additional site impacts and require new re -vegetation. In summary, if the proposed common driveway were the only method to achieve access to these lots (for example, due to topographic concerns), staff would likely be more lenient in its evaluation and recommendation; however, there already exists an adequate - 3 - driveway to Lot 1 and it appears that a reasonable driveway can be constructed to undeveloped Lot 2. We feel that removing a driveway, where there already has been impact to the site, and replacing it with a longer and harder to access driveway with new impacts to the natural vegetation, will not be a good planning solution and is not necessary. PLANNING AND ZONING COMMISSION COMMENTS: The P&Z voted 4-2 to approve the application. Those who voted against approving would have been willing to approve it if the applicant were willing to reduce the FAR on the undeveloped lot from the offered amount, 6,000 square feet, to 4,000 square feet. The applicant felt that they were already offering less than the 10,000 square feet allowed, so were not in favor of that restriction. Initially, several members of P&Z also wanted to add a condition requiring a deed restriction preventing the sale of each property individually, but backed off that condition prior to approval. STAFF RECOMMENDATION: Staff recommends denial of the Planned Unit Development (PUD) Amendment to amend the platted development envelopes on Lots 1 and 2 of the Maroon Creek Club. RECOMMENDED MOTION (NOTE: ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE): "I move to approve Ordinance No. G , Series of 2002, for a Planned Unit Development (PUD) Amendment to amend the platted development envelopes on Lots 1 and 2 of the Maroon Creek Club." ATTACHMENTS: EXHIBIT A: FINDINGS -PLANNED UNIT DEVELOPMENT STANDARDS FINDINGS EXHIBIT B: DEVELOPMENT REVIEW COMMITTEE (DRC) MINUTES EXHIBIT C: APPLICATION EXHIBIT D: PLANNING AND ZONING COMMISSION RESOLUTION EXHIBIT E: 1/7/03 P&Z HEARING MINUTES EXHIBIT F: LETTER FROM SITE AND ARCHITECTURAL REVIEW COMMITTEE OF THE MAROON CREEK CLUB MASTER ASSOCIATION -4- ORDINANCE NO. (0, SERIES OF 2003 AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT TO AMEND THE PLATTED DEVELOPMENT ENVELOPES ON LOTS 1 AND 2 OF THE MAROON CREEK CLUB SUBDIVISION / PUD, CITY OF ASPEN. Parcel ID: 2735-142-09-002 2735-142-09-001 WHEREAS, the Community Development Department received an application from the Applicant, Jennifer and David Stockman, represented by Kevin Morley of Robert Trown & Associates, Inc., requesting the Planning and Zoning Commission and City Council grant a Planned Unit Development (PUD) Amendment to amend the platted development envelopes on Lots 1 and 2 of the Maroon Creek Club; 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 Director, and has taken and considered public comment at a duly noticed public hearing; and WHEREAS, the Planning and Zoning Commission recommended to the City Council approval, by a vote of four to two (4-2) for a Planned Unit Development (PUD) Amendment to amend the platted development envelopes on Lots 1 and 2 of the Maroon Creek Club; and WHEREAS, the City of Aspen City Council 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 City of Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and WHEREAS, the City of Aspen City Council, by a vote of to L-J, approves a Planned Unit Development (PUD) Amendment to amend the platted development envelopes on Lots 1 and 2 of the Maroon Creek Club; and WHEREAS, the City of Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO ON THE 24" DAY OF FEBRUARY 2003, THAT: -6- Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the requests for a Planned Unit Development (PUD) Amendment to amend the platted development envelopes on Lots 1 and 2 of the Maroon Creek Club is approved with the following conditions stated herein: 1. Prior to recordation of an amended subdivision plat, an access easement shall be granted to the owner of Lot 1 Maroon Creek Club Subdivision across Lot 2 Maroon Creek Club Subdivision. In addition, a note shall be placed on the plat requiring that the structure built on Lot 2 be restricted in size to 6,000 square feet per the applicant's offer to reduce its allowable floor area ratio. 2. Prior to final approval of the driveway alignment, a tree permit from the Parks Department will be required. Mitigation for the nine (9) trees to be removed on site will be $13,250.88, as identified per the Municipal Code. Mitigation can be on -site with landscaping of the native restoration area. 3. The entire area west of the proposed Y-turn around which currently serves as the driveway, will need to be re -vegetated in native plantings only. The area in front of the house and to the South of the y-turn can be landscaped for screening or per the discretion of the owners of the residence. 4. The common driveway servicing Lots 1 and 2 shall be kept free and clear of snow and vehicles at all times of the year per the requirements of the Fire Department. Section 2 All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3• This Ordinance shall not 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 4• If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. -7- Li INTRODUCED, READ AND ORDERED PUBLISED as provided by law, by the City Council of the City of Aspen on this 24 h day of February, 2003. ATTEST: Kathryn Koch, City Clerk Helen Klanderud, Mayor FINALLY, adopted, passed, and approved this day of ,2003. ATTEST: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor APPROVED AS TO FORM: John Worcestor, City Attorney -s- EXHIBIT A FINDINGS: PLANNED UNIT DEVELOPMENT STANDARDS The proposed amendment to the approved PUD is addressed against the applicable criteria in the PUD standards below. A. General Requirements: 1) The proposed development shall be consistent with the Aspen Area Community Plan. Staff Finding: Does it Comply? No Comments: In the Parks, Open Space, and the Environment section of the AACP, the intent is "to preserve, enhance, and restore the natural beauty of the environment of the Aspen area". Staff does not believe that the proposal would significantly degrade the natural beauty of the site, however, there would be more environmental impact to the site (i.e. more loss of trees) with the common driveway than there would be with two, shorter individual driveways to each lot. 2) The proposed development shall be consistent with the character of existing land uses in the surrounding area. Staff Finding: Does it Comply? I No Comments: Most of the developed lots in the surrounding area are each accessed directly by a driveway from the public street. The common driveway proposed would be a departure from that pattern. 3) The proposed development shall not adversely affect the future development of the surrounding area. Staff Finding: Does it Comply? Not applicable comments: 4) Final approval shall only be granted to the development to the extent to which GMQS allotments are obtained by the Applicant. Staff Finding: Does it Comply? Not applicable Comments: B. Establishment of Dimensional Requirements: Staff Finding: Does it Comply? Not applicable Comments: C. Site Design: -S- Staff Finding: Does it Comply? I No Comments: Staff feels that the application does not comply with the provision that states, "buildings and access ways are appropriately arranged to allow emergency and service vehicle access." We feel that the proposed driveway creates an unnecessarily dangerous access to the lots. D. Landscape Plan: Staff Finding: Does it Comply? I No Comments: With the common driveway proposal, staff does not feel that the plan preserves the existing vegetation as well as it could by using separate, shorter driveways to each lot. E. Architectural Character: Staff Finding: Does it Comply? Not applicable Comments: F. Lighting: Staff Finding: Does it Comply? Not applicable Comments: G. Common Park, Open Space, or Recreation Area: Staff Finding: Does it Comply? Not applicable Comments: H. Utilities and Public Facilities: Staff Finding: Does it Comply? Not applicable Comments: I. Access and Circulation: Staff Findin : Does it Comply? I Yes Comments: While staff finds the proposal to create problems with access and circulation, it does comply with the six specific criteria of the PUD. J. Phasing of Development Plan: Staff Finding: Does it Comply? Not applicable Comments: -9- EXHIBIT B DEVELOPMENT REVIEW COMMITTEE (DRC) MINUTES MEMORANDUM To: Development Review Committee From: John Niewoehner, Community Development Engineer, DRC Caseload Coordinator Date: October 30, 2002 Re: Maroon Creek Club — Lot 1 and 2 Attendees Scott Woodford, Community Development Department Ed VanWalraven, Fire Department Brian Flynn, Parks Department John Niewoehner, Community Development Department Kevin Morley, Applicant's Representative At the October 30, 2002 meeting, the Development Review Committee reviewed the following project: _Maroon Creek Club Lots 1&2: A minor PUD amendment to modify the existing development on lots 1 and 2 to allow for a common driveway. DRC COMMENTS 1. Engineering Department: No comments at this time. 2. Community Development Engineer: • Since vehicles will access Lot 1 by driving across Lot 2, an access easement is needed across Lot 2. 3. Zoning: No comments at this time. 4. Housing Department: No comments at this time. 5. Fire Protection District: • Since the driveway is more than 150 feet long, the driveway must be 16 feet wide. • All dwellings must have sprinklers. • The driveway must be designed to accommodate the necessary movements of a fire truck (including turning around). In addition, at the mid point of the driveway there needs to be a wide pull out spot in the driveway to allow two vehicles to pass. In order to limited the area of pavement, this area should be incorporated into the driveway area serving exclusively Lot 2. • The turn off of Tiehack Road needs to be 'softened' to provide access for a large fire truck. • Some of the driveway requirements for fire access may not be necessary if the existing driveway serving Lot 1 remains. If the Lot 1 driveway is replaced with grass-crete pavers, the pavers would have to be designed to DOT standards to support a fire truck. The grass-crete driveway would also have to be maintained year round (i.e. plowed). Parks Department: No comments at this time. Building Department: No comments at this time. Pagel of 2 October 30, 2002 MCC- Lot 1 and 2 8. City Water Department: No comments at this time. 9. Aspen Consolidated Sanitation District; No comments at this time. 10. Environmental Health: 11. City Community Development — Planning: No comments at this time. 12. City Electric Department: No comments at this time. 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 Planning: No comments at this time. 18. County and City Disaster Coordinator: No comments at this time. 19. Transportation: No comments at this time. 20. Parking: No comments at this time. /DRC/MCC-lotl &2 PObEPT TPOWN fS A660CIAIM& mac. October 18, 2002 Mr. James Lindt Planner Aspen/Pitkin County Planning Department 130 South Galena Street Aspen, CO 81611 Re: Minor PUD Amendment Lots 1 & 2, Maroon Creek Club PUD Mr. Lindt: EXHIBIT C APPLICATION & SITE PLAN Enclosed please find out application and supporting documentation for our request for a minor PUD amendment. This proposal is a simple request to modify the existing development envelopes on lots 1 and 2. These contiguous properties are owned by the same family, and their wish is to enter both properties from a single drive. This would give the main property (Lot 1) a more custom and private drive through their contiguous properties, while distancing themselves from the subdivision which is now under construction beyond the Maroon Creek Development. The intent of our design is to keep the drive very "low key", letting it sit on and run across the existing topography with as little disturbance as possible. Where this is not an option, it would be our intent to vegetate the cuts or fills so that they look as natural as possible. We are currently not allowed to run driveway between the two properties because we do not have development envelope that runs between the two properties. Review of the submitted site plan will show how we are proposing to modify the existing development envelopes. In trade, we are proposing returning equal portions of the existing development back to native, un-developable land. Our proposal, as shown on the submitted site plan, would indicate the following: Lot 1 Additional Development Envelope Requested: 2,500 square feet Abandoned Development Envelope: 2,572 square feet The abandonment of the current drive will give the neighborhood much more privacy, screening the existing structure on Lot 1 from the cul-de-sac and the development beyond Maroon Creek. The large area of gravel running from the structure on Lot 1 to the cul-de-sac will be reclaimed and turned into landscape. The new driveway alignment will, although longer, greatly reduce the pitch of the drive servicing Lot 1. Lot 2 Additional Development Envelope Requested: 1,432 square feet Abandoned Development Envelope: 1,582 square feet The current Development Envelope meant for accessing Lot 2 is not conducive for an access. The existing envelope would force the drive perpendicular to the existing grades which would result in a very large amount of require fill dirt. This alignment would also run the drive through heavy stands of existing native shrubs and plantings. The proposed alignment of the drive off Tiehack Road would lend itself to a much more gentle pitch on the drive. The alignment also avoids all of the existing native vegetation. Once on the property of Lot 2, the intent is to let the drive move in and out of the existing mature vegetation so that no trees would have to be removed. 25 Lower Woodbridge Rd. • Suite 104-B • P.O. Box 6820 • Snowmass Village, CO 81615 • (970) 923-2644 • FAX (970) 923-2599 Minor PUD Amendment, Lots 1 and 2, Maroon Creek Club PUD Page 2 As the drive crosses from Lot 2 to Lot 1, we anticipate the loss of (1) one aspen tree on each lot. These would be easily mitigated through re -vegetation. We would like to offer a reduction in available FAR on lot 2, since it is not the intent of the current owner to sell the property individually. Lot 2 currently has 10,000 square feet of above grade FAR available for use, as calculated by the Maroon Creek PUD. We are willing to restrict this site to 6,000 square feet of above grade FAR as calculated by the Maroon Creek PUD. This reduction in FAR will help to mitigate the size of homes the drive serves. It will also help reduce the overall sense of bulk and mass of the structures in the neighborhood. We are also ready to provide a surveyed easement locating the drive across Lot 2 for the use by Lots 1 and 2, subject to the approval of this minor amendment. The agreement made with staff is to stake the exact location of the drive with members of staff, and to then survey this drive alignment and all of the existing vegetation to provide an accurate depiction of the drive easement. The enclosed photographs depict the existing site conditions. The locations and direction that each photograph was taken is indicated on the submitted site plan. Review will visually show how the proposed drive location will benefit each lot, and the feasibility in which this drive can be constructed with a minimum of disturbance to each lot. We feel that the request for this minor amendment is one where all parties concerned will benefit. The Maroon Creek Club community will be enhanced by fewer curb cuts off Tiehack Road, and will be provided with much more vegetation along the road. The proposed reduced building FAR will allow for more sensitive site planning and the preservation of existing vegetation even as it exists within the building envelope. The owners of Lots 1 and 2 will be provided with an access worthy of the estate and amount of property contiguously owned. If you should have any questions or concerns with the submitted information, please do not hesitate to contact our office. k y, Kevin G. Morley, AIA Robert Trown and Associates, Inc. Encl. Oct-18-2002 08:39am From- T-784 P.00Z/002 F-150 POE)EP-L TDOWN f5 ASoOCIATEB,'INC. October 11, 2002 Mr. James Lindt Planner A9peu/Pitkiu County Planning Department 130 South Galena Street Asper, CO 81611 Mr. Lindt: This letter of authorization would allow Robert Trown & Associates, Inc. to act as the a} ant for the David and Jermi_fer Stockman with matters pertaining to, but not limited to the proce ing of all items through the County and any other. committee necessary. The property is defined is Lot 1 Maroon Creek Club n7D, 1470 Tiehack Road, Aspen, CO 81611 Lot 2 :Maroon Creek Club PUD, Tiehack Road, Aspen, CO 91611 Please direct any correspondence to: Robert Trown & Associates, Ina, PO Box 1628 Snowmass Village, CO 81615 Tel: (970) 923-2644 Sincerely, David Stockman, Owner Lot 1 1470 Tiehack Road Aspen, CO 81611 Lot 2 Maroon Creek Club Aspen CO 81611 Jenifer Sto an, Owner Lot 1 1470 iehack Road Aspen, C Lot 2 Maroon CZeek Club Aspen, C 25 Lower Woodbiidge Rd, • Su;W 104-13 -P.O. Box 6820 • Snowrnass Village, CO 81615.(970) 923-2644 - 81611 81611 <970) 923-2599 ATTACHMENT 2 —LAND USE APPLICATION Le: bo��/ t cl ar/1�1 Je1/�1/�l tee S�Z�C�CYV�✓1 Location: t y-1 O T1 �no�� r �(n 81 lob , Lc 1 i (Indicate street address, lot & block number, legal description where APPLICANT: Address: LOZo CC) i . _ i i REPRESENTATIVE: Name: l� e�/ 1 ✓1 U . ,y `O✓ 1 �1 , !-�, A Address: ! nZzy /\e_, OyS �J1Aa1( Phone #: 9-1Q- 0 - Z t y LA PROJECT: ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition GMQS Exemption ❑ Subdivision ❑ Historic Designation L_J ESA - 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use ❑ Other. ❑ Lot Line Adjustment ❑ Text/Map Amendment TYPE OF APPLICATION: (please check all that apply): EMSTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Lot- 1 Ino�s s>n7nc� SF . Loft Z yAcaot l off- w- 10, coo PROPOSAL: description of proposed buildings, uses, modifications, etc Modify existing development envelopes on Lots 1 and 2 to allow shared access from Lot 2. Abandon existing Lot 1 access. Trade envelope so no increased development envelope. Limit FAR on Lot 2 to 6,000 sq. ft above grade, measured per existing PUD requirements. Subgrade FAR not affected by this application. Have you attached the following? FEES DUE: $_17,8rj. vo Pre -Application Conference Summary Attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards A" 'ins that are larger than 8.5" a 11" must be folded and a floppy disk with an electronic copy of all written te. Iicrosoft Word Format) must be submitted as part of the application. OCT. 18.2002 12:1 PP i i PITKIN COUNTY TITLE CERTIFICATE OF OWNERSHIP NO.4869 F.2 Pitkin County Title, In�., a duly licensed Title Insurance Agent in the State of Cglorado hereby certifies that J. STOCKMAN AND Di STOCKMAN are the owner's in fee simple of the follov�ling described property: I LOT 1, MAROON CREEK CLUB, as shown on the Final Subdivision Plat & PUP for Maroon Creek Club, recorded November 15, 1993 in Plat Book 33 at Page 4. COUNTY OF PITKIN STATE OF COLORADO ENCUMBRANCES: Deed of Trust from. J. Stockman and D. Stockman to the Public Trustee of the County of PITKIN for the use of : Affiliated Financial Services, Inc. Qriginal Amount : $5,160,000.00 Dated : December 5, 2000 Recorded : December 5, 2000 i Reception No. : 449432 The above Deed of Trust was assigned to Thomberg Mortgage; Inc. by instrument recorded June 25, 2001 as Reception No. 455786. Subject to easements, rfights of way and recorded matters. � I This certificate is not to be construed to be a guarantee of title and is furnished fdr informational purposes only. i PITKIN COUNTY MIE, INC. BY: authorized sign r CERTIFIED TO: Sep er 20, 2002 @ 8:00 A.M. OC ?, 2J)2 12;10PP CtTY OF VVRET- DATE I R« 12f-5tot, pqA Recorded at Reception PITKIN COUNTY TITLE ' 1-„-, NREri AD NO. OAIE REP NO. RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: 1. Stockman and D. Stockman do Charles T. Brandt, Esq. Charles T. Brandt & Associates, P.C. 420 East Main, Suite 204 Aspen, Colorado 81611 o'clock .M. NO.4869 P, Recorder SPECIAL WA-RRANTY REED TN THIS DEED made this S day of December, 2000, between LW1, INC., a Colorado Corporation (her-inafter "Grantor"), and J. STOCKMAN and D. STOC101AN, as joint tenants (hereinafter "Grantees"), whose legal address is c/o Charles T. Brandt, Esq., Charles T. Brandt & Associates, P.C., 420 East Main, Suite 204, Aspen, Colorado 81611 WITir ESSETH, that the Grantor, for and in considcration of the sum of Tcn Dollars (S 10.00) and other good and valuable consideration, the receipt and suflicieney of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantees, as joint tenants and not as tenants in common, their heirs, successors and assigns forever, all the real property, together with improvements, lying and being in the County ofPitkin, State of Colorado, described as follows: LOT 1, 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 PITY -IN, STATE OF COLORADO. 1 TOGETIiF R with all and singular the hereditaments and appurtenances thereto belonging or in \ anywise appertaining, and the reversion and reversions, remainder and remaindcra, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand, whatsoever of the Grantor, either in law 1 \� or equity, of, in and to the above bargained premises, with the hcrcditaments and appurtenances; SUELrECT TO THE FOLLOWING EXCEPTIONS: Real property taxes for 2000. due and payable in 200, subject to building and zoning regulations, and those exceptions listed on Exhibit A attached hereto and incorporated herein by this reference. All documents are recorded in the records ofPitkin County, Colorado. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantees, their heirs, successors and assigns forever. The Grantor, for itself, its succ essors and assigns does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the qu ier and peaceable possession of the Grantees, their heirs, successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor, its successors and assigns. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above_ L INPeA. Xter&on, Urporati By: �` ro ro Vire nt Q Q' STATE OF COLORADO ) ss. COUNTY OF P=LN ) \T%NA foregoing instrument was acknowledged before me this S day of cem er, 2000 by oircl �� son as vice President of LW I, Inc., a Co ado Corporation. 1 IA? i SS my hand and offi 'al eaL M� c mission expires: I ( �`' D J Na •. 'V 6 C Q _••Q otary Public ` 11111111111111111111111111111 HIM 11111 III 11111 IIII IIII MYC Vrluson EA-w MW2003 N 1431 12/e5/2000 04:00r SPEC 1D O VIS SILVI 1 of 2 R 10.00 0 785.00 N 0.06 PITKIN CDIIMTT CO OCT. 18. 2002 12: 10PR PITKIN COUNTY TITLE NO, 4860 r, 4 1 , Right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patents recordedSeptember 13, 1934 in Book 162 at Page 400. 2. Easements, rights of way and all matters as disclosed on Plat of subject property recorded November 15. 1993 in Plat Book 33 at Page 4 and Amended Sheet 2 recorded March 31, 1994 In Plat Book 34 at Page 23 and Assignment of Plat to Maroon Creek Limited Liability Company recorded February 17. 1994 in Book 742 at Page 1 17 and 121, 3. Those terms, conditions, provisions, obligatlons, easements. restrictions, assessments and all matters as set forth in Master Declaration of Protective Covenants for Maroon Creek Club recorded December 2, 1993 in book 733 at Page 598 and First Amendment thereto recorded February 17. 1994 in Book 742 at Page 83, Assignment and Designation of Successor Declarant for Maroon Creek Club recorded May 11, 1994 in Hook 750 at Page 242, Second Amendment thereto recorded June 8, 1994 In Book 752 at Page 754 and Amended and Restated Third Amendment thereto recorded July 26, 199d in Book 756 at Page 597, Fourth Amendment thereto recorded July 26, 1994 as Reception No. 396947. and Assignment of Successor Declarant for Maroon Creek Club recorded May 11, 19941n Book 750 at Page 242, deleting therefrom any restrictions indicating preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. 4 • Terms, conditions, provisions, obligations and all matters as set forth in Subdivision Improvements Agreement recordedNovember 12, 1993 in Book 730 at Page 606. I 5. Terms, conditions, provisions, obligations and all matters as set forth In Final Plat Resolution of the Board Of County Commissioners recorded August 13, 1993 In Book 721 at Page 245 as Resolution No. 93-104_ 6. Avigation Easement granted to Pitkin County recorded November 12, 1993 in Book 730 at Page 690. 7. Terms, conditions, provisions and obligations of Water Service Agreement between The City of Aspen and Pearce Equities Group II, Limited Liability Company, a Utah Limited Liability Company, recorded November 15, 1993 in Book 730 at Page 797, Assignment and Assumption of Water Lease Agreement retarded November 15. 1993 in Book 730 at Page 865, Assignment and Assumption Agreement recorded January 7. 1994 in Book 737 at Page 899 and Amended Assignment and Assumption Agreement recorded April 11, 1994 in Book 747 at Page 191 and First Amendment thereto recorded October 17. 1997 as Reception No. 409559. 8 • Terms, conditions, provisions and obligations as set forth In Trench, Conduit and Vault Agreement with Holy Cross Electric Association, Inc., recorded July 11. 1994 in Book 755 at Page 55. 9 • Terms, conditions, provisions, obligations and all matters as set forth in Resolution of t he Commissioners recorded August 28, 1995 In Book 791 at Page 821 as Resolution No. 95--128 Board of County 10. Subject property was annexed to the City of Aspen please refer to the following documents: 11 , Annexation Plat, recorded February 6, 1997 in Plat Book 41 at Page 76. Ordinance, recorded Febraary 21, 1997 as Reception NO. 401985. 12- Terms, conditlons, provisions, obligations and all matters as set forth in Ordinance No. 40, Series of 1996 by Aspen City Council recorded April 8, 1997 as Reception No_ 403224 and re -recorded May 15, 1997 as Reception No. 404423, regarding rezoning Maroon Creek Club Subdivision. 13- Terms. conditions, provisions and obligations as set forth in Amended and Restated Easement Agreement recorded July 13, 2000 as Reception No. 444995. 111111111111111111111111111111111111111 III 111111111 IS 442431 12Je'S/2WO 84:0e110 SPEC WD DRVIS SILVI 2 of 2 R 10.00 0 765.00 N 0.00 PITKIN COUNTY CO OCT. 11. 2002,, 9:12AM HFETT PAID OATS REP Recorded at Reception _ RECORDING REQUESTED BY. WHEN RECORDED RETURN TO: J. Stockman and D. Stockman c/o Brooke A. Peterson, Esq. Kaufman & Peterson, P.C. 315 East Hyn,an Avenue, Suite 305 Aspen, Colorado B 1611 KAUFMAN & PETERSON �7 o'clock M. SPECIAL W AIiRANTY DEED 1-14 C.145- NO. 7379 P. 1 Recorder TIIIS DEED made this it _ day of July, 2002, between WILLIAM H. PLUMMER (hereinafter "Grantor"), and I. STOCKMAN and D. STOCKMAN, as joint tenants (hereinaftcr "Grantees"), whose legal address is 105 Conyers Farm Drive, Greenwich, Connecticut 06931. WITNESSETH, that the Grantor, for and in consideration of the suns of Ten Dollars (S 10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm ttnro the Grantees, as joint tenants and not as tenants in common, their heirs, successors and assigns forever, all the real property, together with improvements, lying and being in the County ofPitkin, State of Colorado, described as follows: LOT 2, MAROON CREEK CLUB, as shown on the Final Subdivision plat & PUD for Maroon Creek Club, recorded November l5, 1993 in Plat Book 33 at.Page 4. COUNTY OF PITKIN, STATE OF COLORADO. TOGETHER with all and singular the her_ditaments and appurtenances thereto belonging or in anywise appertaining, and cllc reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, Interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances: SUBJECT TO THE FOLLOWING EXCEPTIONS: Real property taxes For 2002, due and payable in 2003, and those exceptions listed on Cxhibir,A artached hereto and incorporated heroin by this reference. All documents are recorded in tic records of Pitkin County, Colorado. TO HAVE AND TO HOLD the said premises above bargained and described with'the appurtenances, unto the Grantees, thei, heirs, ,uccessors and assigm forever. The Grantor, for himself, his heirs, successors and assigns does covenant and agree iliac he shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantees, their heirs, successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor, his heirs, successors and assigns. IN WITNESS WHEREOF, the Grantor has executed this deed on the date t o h above. illiam H. Plummer STATE Of r:Id a ) ) ss. COUNTY OF i2I E �c-',. ) The foregoing itnstnuncnt iva<. nckrnwled;ed before me this _ day nrinly, 2002 by William 11. P 111111111 a r. WITNESS my hand and official seal. My commission expires: 11/( T 0 3 ru4p�u�Wd-.unen Week club n42 LEI— Notary Nib& ;X PM W P4 w W .CD C/ W Q Q O�G T/ (baYSL".. e_. _ 6J 1 A claw OCT.11.2002 9:12AM KAUFMAN & PETERSON NO.7379 P. 2 =41131T A. 1 . Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same he found to penetrate or Intersect the premises hereby granted and right of way for ditches or canals constructed by the authority of the United Slates as reserved in United States Patents recorded March 15, 1992 In Book 55 at Page 21, August 26, 1911 In Book 55 at Page 189, August 26, 1911 in Book 55 at Page 191, Seplember 13, 1934 In Book 162 at Page 400. June 16, 1944 In Book 167 at Page 562 and May 20, 1063 In Book 180 at Page 165. Z Easements, rights of way and all matters as disclosed on Plat of subject property recorded November 15, 1993 in Plat Book 33 at Page 4 and Amended Sheet 2 recorded March 31, 1994 In Plat Book 34 at Page 23 and Assignment of Plat to Maroon Creek Limited Liability Company recorded February 17, 1994 In Book 742 at Page 117 and 121. 3. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all manors as set forth In Master Declaration of Protective Covenants for Maroon Creek Club recorded December 2, 1993 In Book 733 at Page 598 and First Amendment thereto recorded February 17, 1994 In Book 742 at Page 83, Assignment and Designation of Successor Declarant for Maroon Creek Club recorded May 11, 199d In Book 750 at Page 242, Second Amendment thereto recorded June 8, 1994 In Book 752 at Page 754 and Amended and Restated Third Amendment thereto recorded July 26, 1994 In Book 756 at Page 597. 4 . Terms, conditlons, provisions, obligations and all matters as set forth In Subdivision Improvements Agreement recorded November 12, 1993 In Book 730 at Page 608 and amended thereto In Instrument recorded March 10. 2000 as Reception No.441279. 5. Terms, condillons, provislons, obligations and all matters as set forth In Final Plat Resolution of the Board of County Commissioners recorded August 13, 1993 in Book 721 at Page 245 as Resolution No. 93-104. 6. Avigalion Easement granted to Pltkln County recorded November 12, 1993 In Book 730 at Page 690. 7 . Terms, conditions, provisions and obligations of Water Service Agreement between The City of Aspen and Pearce Equities Group II, Limited Liability Company, a Utah Limited Uability Company, recorded November 15, 1993 In Book 730 at Page 797, Assignment and Assumption of Water Lease Agreement recorded November 15, 1993 in Bock 730 at Page 865, Assignment and Assumption Agreement recorded January 7, 1994 in Book 737 at Page 899 and Amended Assignment and Assumption Agreement recorded April 11, 1994 in Book 747 at Page 191. 6. Terms, conditions, provisions, obligations and all manors as set lonh In Resolution of the Pitkin County Board of County Commissioners recorded August 25. 1995 In Book 791 at Page 921 as Resolution No. 95-129, 9 • Easements, rights of way and all matters as disclosed on Plat of subject property recorded February 6, 1997 in Plat Book 41 at Page 76_ to. Terms, conditions, provisfons, obligations and all matters as sal forth In Ordinance No. 34, Series of 1996 by City Council of the Clly of Aspen recorded February 21, 1997 as Reception No. 401985. 11 . Terms, conditions, provislons, obligations and all matters as set forth in Ordinance No. 40, Series of 1996 by Aspen City Council recorded April 8, 1997 as Reception No. 403224 and re -recorded May 15, 1997 as Reception No. 404428. 12, Easement and right of way for Private access as set forth In Rule and Order recorded December 7, logo as Reception No. 425224 and amended thereto in Instrument recorded February 22, 1999 as Reception No. 427970, and Corrected In instrument recorded May 10, 1999 as Reception No. 430872. . 13. Terms, conditlons, provislons and obligations as set forth In Agreement recorded September 22, 1999 as Reception No. 435797. 14. Terms, conditions, provislons and obligations as set forth in Court's Order of Incluslon recorded April 9, 2001 as Receptfon No. 453237. illlilIIII IIIII IIIII��II�1III�IIIIfI�IIIIIIIIIIIII 6098 29 62 ea;aav SILVIA DP.IS PITXIN COUNTY CO R 10.ee 0 243.0e Return to. BROOKE PETERSON Ki>UFMAN & PETERSON 315 E. HYMAN, SUITE 305 ASPEN, CO 81611 To Sno Village W'-7"0 {d Stewart and Glenwood Springs 4 svr;n95 r,da to ti ` o guchanao „�i ; m I Starwood' 82 t, l of } s co Whim 9Jr or - � erg"•.", � Sys .� i.!Uarimvul. To Snowmass Village (unpaved t road) 1 Jlupurr a mncs' �1f wldlirP 'ky ors 1 \ bid ap pole„c9t�t N" > 1 C Ir P 1 e �y \, Ho 6i� Dr N 3 .. 4.. ' m s. LJ llv#gyp r� l l( e, ~ @`rake Dr \ 'm untuln View Or a` T, Q 1 .y � wq `} orSnounn� v �o Y In h Sierra, Pam s ffaV.� f V Ij Tr aOr - o l Ch A f�l .. While elver i } J ` n 82. g N,96on l qr^^ p \' ! Forest -'_ MaraunCraekRd ",,..•"., '".�.' Vie` 11g10 A5pen\a2� rMill.. 'Vo(1uy .� t 5�.:' r .• �„ } µ. M1fldd n avLp� �� S Aaflu pn. \ " y`j•7". s/J 1 aw a .Sihm�j. m.Mountain ga 0 ( fYexr c c u Oaks PI �auV t�SieversCv Prrml�se--9 ;., y¢+,. Gr tuepormerr ,. r. o \gO pt ay !oR Ct g �' 41irel Lo Wat t P1 V Zu Ln r�U[LTy I /S { g rPe OOM hynderbo JCro �c� to ��ps y.' �^ ;1 epF�Qa In n} (I! w % <�a\`a}}p0 (Mi Staep�e- " �� Q h�s�Or Aspen Tnan CaO[bovg r �; White fliVar l g Highlands # �Pa ,� uxduual Oak Rd 01 S sd WWRAl.WYA. 4r4714 Wo PAIA^— Sent By: William Lukes + As iates; EXHIBIT F: LETTER., _. M SITE AND ARCHITECTURAL REVIEW COMMITTEE OF THE MAROON CREEK CLUB MASTER ASSOCIATION 1' 1( U l r 1. 1 M A I1 A V G Al 1 ry A R C If I I r. C T U R t 7 January 2003 Scott Woodford, Planner Community Development Department City of Aspen 130 South Galena Aspen, Colorado 81611 re: Maroon Creek Club Lots 1 and 2 Amendment to the PUD proposed by Mr. And Mrs. David Stockman for modification of envelopes to allow construction of a shared driveway Mr. Woodford: I am writing on behalf of the Site and Architecture Review Committee [SARC] of the Maroon Creek Club Master Association with regard to the application which is to be reviewed by the Planning & Zoning Commission later today. SARC is the entity which is responsible for all architectural and development reviews and approvals for single family lots at the Maroon Creek Club PUD, and Lots 1 and 2 are subject to the Protective Covenants of the PUD, and the Design Guidelines which have been adopted by SARC and the Master Association. On December 27, 2002, we received a proposed site plan from Robert Trown & Associates which is dated December 17, 2002 and subsequently requested and received the application letter dated October 18, 2002 and your staff report dated January 7, 2003- The applicant asked SARC to review the proposed plat amendment and provide you with a letter with our recommendations and thoughts that you could provide to the Planning & Zoning Commission members at their meeting today. No application for Association design approval for the proposed driveway, the architectural modifications to the existing house on Lot 1, or any structures proposed for Lot 2 have been submitted to SARC for review and approval and so we cannot comment on the specific configuration proposed to you, but the Association does not have an objection to a minor amendment to the plat to allow such a shared access, based on the applicants' representations to the City and to SARC and the information that was provided to us. The areas of this proposal which would be subject to detailed review by SARC, and which may require specific conditions of approval include the following; The applicant has proposed reducing the allowable 10,000 above -grade SF for this lot to a maximum of no more than 6,000 above -grade SF. This reduction would be a fundamental trade-off In impacts for consideration of this proposal and we ask that it be specifically and legally included as a condition in any approval which the City grants. Alignment of the driveway has been modified in this recent drawing to cross a portion of the Building Envelope on Lot 2. Since this reduction of the building envelope is of the applicants' own choosing and making, SARC will not be inclined to grant any variances to the Design Guidelines and the site specific requirements for landscaping and landscaping mitigation due to space constraints in the envelopes, the grade of the proposed driveway in relation to floor helghts established in our Design Guidelines, and so forth. This site has additional landscaping requirements to mitigate visibility of the Tiehack Bench lots from distant points across Maroon Creek which was required by the County in the PUD and which will continue to be a requirement for any development on Lot 2, as they were for Lot 1. PIIs 1 CII 11111 R" N -'N9 A S V v N C I I, I 1 N d U 0 9.A,_ 97 u. 92o. 6929 lax •)2u. 69 N6 Sent By: William Lukes + A! iates; 970 920 6986; Jan-7-03 2:14PM; Page 2/2 7 January 2003 Page 2 3. We are concerned that the stand of oak trees and the existing aspen groves which are indicated on the plan as "to remain" and which are in the building envelope to varying degrees, will actually be removed for any construction on Lot 2, especially with the reduction in usable building envelope. 4. Our Design Guidelines require a shared curb cut for the Lots 2 and 3 driveways. This is to occur at the common property line approximately where the Lot 1 &2 shared driveway is proposed to access Tiehack Drive. The proposed adjustments in the development envelopes would not preclude this being worked out later so we have no objection to their request, but the curb cut as shown and as worked out with the fire department does not address the common access issue with Lot 3 which we had requested that the applicant address before submitting any plans for SARC's review. ems- From the point of view of the Association, the combining of driveways for Lots 1 and 2 would probably be a visual enhancement and perhaps even a practical enhancement for the immediate neighborhood, assuming that the above issues are addressed to the Association's satisfaction and assuming that the net result will be a much smaller house on Lot 2 than is currently allowed. Nevertheless, any proposal will be subject to SARC's review of much more detailed plans and proposed landscaping, and will have to involve the owner of Lot 3 to address a common driveway access point; we will not waive that requirement and allow a separate driveway as shown which encroaches into the lot 3 access area. We do not view the modified alignment and joining of the driveways as intrinsically negative or duplicative of the Tiehack cul-de-sac because there are some specific positives to it, such as eliminating and re -vegetating the existing driveway to Lot 1 and addressing grade and retaining wall conditions which I am not sure were fully contemplated or known at the time of the PUD approval by the County. Further, the development of the Urschel parcels which have their access adjacent to Lot 1 has created almost a blind driveway situation where both the existing driveway and the Urschel access enter the cul de sac without sightlines to the other; moving the driveway would certainly improve this situation. Please let me know if we can be of any further assistance. Sincerely, MAROON CREEK CLUB MASTER ASSOCIATION Site and Architecture Review Committee By: William Lukes AIA Architectural Advisor, Maroon Creek Club Master Association copies: Kevin Morley ! RTA Gary Albert, President of the MCC Master Association Brian Martin, MCC sent by fax to all parties January 7, 2003 (1:59pm) I\ -k— F C2) ,0"V, Akry � Pr zs Lwtr�* 7Q..M- lbO STOCKMAN RESIDENCE 444 PROPOSED DRIVEWAY ALIGNMENT LIM LOTS 1 AND 2, MAROON -CREEK EXHIBIT D PLANNING AND ZONING COMMISSION RESOLUTION RESOLUTION NO. _, SERIES OF 2003 A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT TO AMEND THE PLATTED DEVELOPMENT ENVELOPES ON LOTS 1 AND 2 OF THE MAROON CREEK CLUB SUBDIVISION / PUD, CITY OF ASPEN. Parcel ID: 2 735-142-09-002 WHEREAS, the Community Development Department received an application from the Applicant, Jennifer and David Stockman, represented by Kevin Morley of Robert Trown & Associates, Inc., requesting the Planning and Zoning Commission grant a Planned Unit Development (PUD) Amendment to amend the platted development envelopes on Lots 1 and 2 of the Maroon Creek Club; 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 Director, and has taken and considered public comment at a duly noticed public hearing; and, WHEREAS, the Planning and Zoning Commission recommended to the City Council approval, by a vote of four to two (4-2) for a Planned Unit Development (PUD) Amendment to amend the platted development envelopes on Lots 1 and 2 of the Maroon Creek Club; and WHEREAS, the City of 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 City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO ON THE 7TH DAY OF JANUARY 2003, THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the requests for a Planned Unit Development (PUD) Amendment to amend the platted development envelopes on Lots 1 and 2 of the Maroon Creek Club is recommended for approval with the following conditions stated herein: - 10- 4. Prior to recordation of an amended subdivision plat, an access easement shall be granted to the owner of Lot 1 Maroon Creek Club Subdivision across Lot 2 Maroon Creek Club Subdivision. In addition, a note shall be placed on the plat requiring that the structure built on Lott be restricted in size to 6,000 square feet per the applicant's offer to reduce its allowable floor area ratio. 5. Prior to final approval of the driveway alignment, a tree permit from the Parks Department will be required. Mitigation for the nine (9) trees to be removed on site will be $13,250.88, as identified per the Municipal Code. Mitigation can be on -site with landscaping of the native restoration area. 6. The entire area west of the proposed Y-turn around which currently serves as the driveway, will need to be re -vegetated in native plantings only. The area in front of the house and to the South of the y-turn can be landscaped for screening or per the discretion of the owners of the residence. Section 2 All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3- This 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 4• 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 January 7, 2003. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: John Worcester, City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk - 1z- IV 1 17 8/1 2. c A MOM &FAM AO-'� rLgr of r> Tpx QO N, . ........ OPOSEDOEVELOPMENTITMELOPLL fn>f PROP( sti) N, ear 00 Bolo 2-5-A -z- t \ Lj AI N, N, XoBnT TRO" ASMOAT OP N- STOCKMAN RESIDENCE DECEMBEF 17, M PROPOSED DRIVEWAY ALIGNMENT LOTSA AND 2,MAROON-CREEK PARCEL ID: 2735-142-09002 1WbATE RCVD: 10/21/02 COPIES: CASE NO A088 CASE NAME: Lots 1 & 2 MCC PUD Amendment PROJ ADDR: Lots 1 and 2 , Maroon Creek Club P CASE TYP: PUD Amendment STEPS:r OWNIAPP:j David and Jennifer S 1. ADRI 1470 Tiehack Rd. C/S/Z: Aspen/CO/81611 PHN:F-- REP: Robert Trown & Associates ADR: PO Box 6820 C/S/Z:' Snowmass Village/C PHN: 923-2644 FEES DUE: 1205 D 180 E FEES RCVD:j 1385 STAT: REFERRALS REF:- E MTG DATE REV BODY PH NOTICED CLOSED:r PLAT SUBMITD: DATE OF FINAL ACTION: CITY COUNCIL:- PZ: BOA: - DRAC- I— U"f-TSlaV,W,kI 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO SCHEDULED PUBLIC HEARING DATE: O_- 200 STATE OF COLORADO ) ss. County of Pitkin ) I, �i� u i � L, ul rJ (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the, Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing 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 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. gnature The fojeU "Affidavit of Notice" was acknowledged before me this �fi? day of 4-c , 2003, by WITNESS MY HAND AND OFFICIAL SEAL ' My commission expires: OPRY'P�B� Notary Public SAnAH N OATES ,► '. :' O � .. c o\.oQ,,Q' ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL PUBLIC NOTICE RE: LOTS I AN02 MAROON CREEK CLUB, PLAN- NED UNfT DEVELOPMENT (PUD) AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday. February 24. 2003, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena Street, to consider an application submit- ted by David and Jennifer Stockman, requesting approval of a Planned Unit Development (PUD) Amendment to amend the platted development envelopes of Lots I and 2 of the Maroon Creek Club, pursuant to Section 26.445.100 of the Land Use Code. The applicant is seeking to amend the development envelopes in order to construct a common driveway across both lots. For further information, contact Scott Woodford at the City of Aspen Community Development De- partment, 1301S. Galena St.. Aspen. CO (970) 920- 5102, scottw(dci.aspen.co.us. s/Helen Klanderud Aspen City Council Published in The Aspen Times on February 8. 2003.(0050) �' • ` PROPERTyLI,yE 4 /' �Fslv�L�� \ •`. UoWSI7EYE19AtU j't IEr1i P�wouT�l f+I�EI.D'PE• ai"1�1� i�Y�i'oF { M�Alrl• . \@ G�+l7l E Co�Si • QO PRO S --- - r \ p \ \ OPOS DE EL PM N LOP �PPpg� OBD � � $ too Qy�tie%L� Lv�IpY� Yr 1432 DR$r gt�G9 oYti .•J .\ 1` `` \ \ o o -' e \ /i•ur � Ev LOY� �tJ`�ELDFE/ - o G DEVELOP ti \.Z5 fT __ '�. � �\ EXIST• �. O 8 l \ `\ \ EX1S1 iNS ibUAfE OP y 61�JEg� Alnl Vi 15 W Lor - F 07— - 0Y AYE/ IN IN .•_ \ gtSlLj \ h a 90 \ o .d 04 El F . a. .a9�w STOCKMAN RESIDENCE N. -=•' MCEMBEF 17,M PROPOSED DRIVEWAY ALIGNMENT \\\\ NORTH SC _ 0 LOTS 1 AND 2 MAROON CREEK JAN-03-2003 FRI 10:01 AM FAX NO. P. 22 AFFIDAVIT OF PUBLIC NOTICE REQUiRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE LOT I , 14-1 D ADDRESS OF PROPERTY. L�ff Z M � �peG C� VAj Aspen, Cr) SCINDULGD PUBLIC HEARING DATE'. V �R'� --' 2007 STATE OF COLORADO ) County of ritkin ) nl�kc t (name, please print) reinJ orrepresentingan ant to the ty of Aspen, Colorado, hereby personally l certify that I have complied with the public notice requirements of Section 26.304.060 (E) of ilic Aspen Land Use Code in the following manner: _ Publication of 'notic•e: Bythe 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 nulice: 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 noL 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 wa.s continuously visible from the Z.75ulay oC —° 200 2— , to and including the date and time of the public hearing. A phologral7h of the posted notice (.sign) is attached hereto. Mcrili,ng of notice. By the mailing of a notice obtained from the Community Devc�lopnuent Department, which contains the information described in Section 26.304.060(F.)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailcd by first class, postage prepaid U-S. mail to all owners of property within three hundred (300) feet ol'thc 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) fleet 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 gfthe owners and governmental agencieS• so noticed is attached hereto. JAN-03-2003 FRI 10:01 AM FAX NO, P. 23 (continued on next page) Rezoning or (ext 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 he amended, whether such revision be made by repeal of this 'f itle and enactment ol' 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 ]tours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was acknowledged before me this 3 jay 2003,of by WITNESS MY HAND AND OFFICIAL, SEAii�� MY Commission My coanmission cxpireS. _ January 4,2003 Notary Public ATTACHMENTS: COPY OF THE PUBLICATION ply 07-0GRAPH OF THE POSTED NOTICF_ (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL .T w .i .« M ■ ■ ■By: VJilliam Lukes + Associates; % rown At: ^13 2599 ■ ■ 970 920 69861 Jan-7-03 2:07PM; Page 112 7 January 2003 Scott Woodford, Planner Community Development Department City of Aspen 130 South Galena Aspen, Colorado 81611 WILLIAM LUKES + ASSOCIATES I' It O I F c r M A N A G L N1 I. N T A R C 11 1 1 r (. T V R L re: Maroon Creek Club Lots 1 and 2 Amendment to the PUD proposed by Mr. And Mrs. David Stockman for modification of envelopes to allow construction of a shared driveway Mr. Woodford: I am writing on behalf of the Site and Architecture Review Committee [SARC] of the Maroon Creek Club Master Association with regard to the application which is to be reviewed by the Planning & Zoning Commission later today. SARC is the entity which is responsible for all architectural and development reviews and approvals for single family lots at the Maroon Creek Club PUD, and Lots 1 and 2 are subject to the Protective Covenants of the PUG, and the Design Guidelines which have been adopted by SARC and the Master Association. On December 27, 2002, we received a proposed site plan from Robert Trown & Associates which is dated December 17, 2002 and subsequently requested and received the application letter dated October 18, 2002 and your staff report dated January 7, 2003. The applicant asked SARC to review the proposed plat amendment and provide you with a letter with our recommendations and thoughts that you could provide to the Planning & Zoning Commission members at their meeting today. No application for Association design approval for the proposed driveway, the architectural modifications to the existing house on Lot 1, or any structures proposed for Lot 2 have been submitted to SARC for review and approval and so we cannot comment on the specific configuration proposed to you, but the Association does not have an objection to a minor amendment to the plat to allow such a shared access, based on the applicants' representations to the City and to SARC and the information that was provided to us. The areas of this proposal which would be subject to detailed review by SARC, and which may require specific conditions of approval include the following; The applicant has proposed reducing the allowable 10,000 above -grade SF fnr this lot to a maximum of no more than 6,000 above -grade SF. This reduction would be a fundamental trade-off in impacts for consideration of this proposal and we ask that it be specifically and legally included as a condition in any approval which the City grants. Alignment of the driveway has been modified in this recent drawing to cross a portion of the Building Envelope on Lot 2. Since this reduction of the building envelope is of the applicants' own choosing and making, SARC will not be inclined to grant any variances to the Design Guidelines and the site specific requirements for landscaping and landscaping mitigation due to space constraints in the envelopes, the grade of the proposed driveway in relation to floor heights established in our Design Guidelines, and so forth. This site has additional landscaping requirements to mitigate visibility of the Tiehack Bench lots from distant points across Maroon Creek which was required by the County in the PUD and which will continue to be a requirement for any development on Lot 2, as they were for Lot 1 I,—, 01 11f:P K(( X3N9 AsrrN C o i ou,(un Slh 12 9,(1.1) 211. 0) 2.) .,Y 9Z.' 6 9 A h Sent By: William Lukes + Associates; 970 920 6986; Jan 7 03 2:08PM; Page 2i2 7 .;anuary 2003 Page 2 We are concerned that the stand of oak trees and the existing aspen groves which are indicated an the plan as "to remain" and which are in the building envelope to varying degrees, will actually be removed for any construction on Lot 2, especially with the reduction in usable building envelope. Our Design Guidelines require a shared curb cut for the Lots 2 and 3 driveways. This is to occur at the common property line approximately where the Lot 1 &2 shared driveway is proposed to access Tiehack Drive. The proposed adjustments in the development envelopes would not preclude this being worked out later so we have no objection to their request, but the curb cut as shown and as worked out with the fire department does not address the common access issue with Lot 3 which we had requested that the applicant address before submitting any plans for SARC's review. From the point of view of the Association, the combining of driveways for Lots 1 and 2 would probably be a visual enhancement and perhaps even a practical enhancement for the immediate neighborhood, assuming that the above issues are addressed to the Association's satisfaction and assuming that the net result will be a much smaller house on Lot 2 than is currently allowed. Nevertheless, any proposal will be subject to SARC's review of much more detailed plans and proposed landscaping, and will have to involve the owner of Lot 3 to address a common driveway access point; we will not waive that requirement and allow a separate driveway as shown which encroaches into the lot 3 access area. We do not view the modified alignment and joining of the driveways as intrinsically negative or duplicative of the Tiehack cul-de-sac because there are some specific positives to it, such as eliminating and re-vegetatind the existing driveway to Lot 1 and addressing grade and retaining wail conditions which I am not sure were fully contemplated or known at the time of the PUD approval by the County_ Further, the development of the Urschel parcels which have their access adjacent to Lot 1 has created almost a blind driveway situation where both the existing driveway and the Urschel access enter the cul de sac without sightlines to the other; moving the driveway would certainly improve this situation. Please let me know if we can be of any further assistance. Sincerely, MAROON CREEK CLUB MASTER ASSOCIATION Site and Architecture Review Committee By: William Lukes AIA Architectural Advisor, Maroon Creek Club Master Association copies: Kevin Morley / RTA Gary Albert, President of the MCC Master Association Brian Martin, MCC sent by fax to all parties January 7, 2003 (1.59pm) t 05i, ROBERT TROWN & ASSOCIATES, INC. Aspen/Pitkin Community Development 130 south Galena Street Aspen, CO 81611-1975 Tel: (970) 920-5090 Fax: (970) 920-5439 TRANSMITTAL DATE: 12/27/02 PROJECT: Maroon Creek Lots 1 and 2 ATTENTION: Scott Woodford / SENT VIA HAND DESCRIPTION: COPY TO: Scott : Enclosed please find (12) twelve copies of the revised site plan as approved by Orrin Moon at the Aspen Fire Department. Also included are (12) twelve copies of the plan reduced to 11x17 size. Please let me know if you need any additional copies, or if you should need additional information regarding this submittal. See you on the 71h of January. We are also in the process of getting a letter from the Homeowners Association regarding our proposal. Thank you in advance for your attention to this matter. Kevin. File 25 LOWER WOODBRIDGE ROAD — SUITE 104-B — P.O. BOX 6820 — SNOWMASS VILLAGE, CO — 81615 TEL. (970) 923-2644 / 923-6131 FAX (970) 923-2599 EMAIL: kmorley@rtaaspen.com MEMORANDUM TO: Plans were routed to those departments checked -off below: X ........... City Engineer X ......... Community Development Engineer X ........... Zoning Officer O ........... Housing Director X ........... Parks Department X ........... Aspen Fire Marshal X ........... City Water X ........... Aspen Consolidated Sanitation District O ........... Building Department O ........... Environmental Health O ........... Electric Department X ........... Holy Cross Electric O ........... City Attorney O ........... Streets Department O ........... Historic Preservation Officer O ........... Pitkin County Planning O ........... County & City Disaster Coordinator O ......... Transportation FROM: Scott Woodford, (scottw@ci.aspen.co.us) Community Development Department 130 S. Galena St.; Aspen, CO 81611 Phone-920.5102 Fax-920.5439 RE: Maroon Creek Club Lots 1 & 2 — Minor PUD Amendment to modify the existing development envelopes on Lots 1 & 2 to allow for a common driveway access from Lot 2 to Lot 1. There will be no net increase in the size of each development envelope, only the shifting of the envelopes to accommodate the location of the driveway between the lots. DATE: October 23, 2002 DATE OF DRC MEETING: October 30, 2002 at 1:30PM. • NOTE: IF YOU CANNOT ATTEND THE MEETING, PLEASE EMAIL YOUR COMMENTS TO JOHN NIEWHOEHNER Oohnn@ci.aspen.co.us) BY NOON ON OCTOBER 30, 2002. COMMENTS WILL BE INCORPORATED INTO THE DRC MINUTES. POBEQ1 MOWN CAS ASROCIAH& INC. October 18, 2002 Mr. James Lindt Planner Aspen/Pitkin County Planning Department 130 South Galena Street Aspen, CO 81611 Re: Minor PUD Amendment Lots 1 & 2, Maroon Creek Club PUD Mr. Lindt: EXHIBIT C APPLICATION & SITE PLAN Enclosed please find out application and supporting documentation for our request for a minor PUD amendment. This proposal is a simple request to modify the existing development envelopes on lots 1 and 2. These contiguous properties are owned by the same family, and their wish is to enter both properties from a single drive. This would give the main property (Lot 1) a more custom and private drive through their contiguous properties, while distancing themselves from the subdivision which is now under construction beyond the Maroon Creek Development. The intent of our design is to keep the drive very "low key", letting it sit on and run across the existing topography with as little disturbance as possible. Where this is not an option, it would be our intent to vegetate the cuts or fills so that they look as natural as possible. We are currently not allowed to run driveway between the two properties because we do not have development envelope that runs between the two properties. Review of the submitted site plan will show how we are proposing to modify the existing development envelopes. In trade, we are proposing returning equal portions of the existing development back to native, un-developable land. Our proposal, as shown on the submitted site plan, would indicate the following: Lot 1 Additional Development Envelope Requested: 2,500 square feet Abandoned Development Envelope: 2,572 square feet The abandonment of the current drive will give the neighborhood much more privacy, screening the existing structure on Lot 1 from the cul-de-sac and the development beyond Maroon Creek. The large area of gravel running from the structure on Lot 1 to the cul-de-sac will be reclaimed and turned into landscape. The new driveway alignment will, although longer, greatly reduce the pitch of the drive servicing Lot 1. Lot 2 Additional Development Envelope Requested: 1,432 square feet Abandoned Development Envelope: 1,582 square feet The current Development Envelope meant for accessing Lot 2 is not conducive for an access. The existing envelope would force the drive perpendicular to the existing grades which would result in a very large amount of require fill dirt. This alignment would also run the drive through heavy stands of existing native shrubs and plantings. The proposed alignment of the drive off Tiehack Road would lend itself to a much more gentle pitch on the drive. The alignment also avoids all of the existing native vegetation. Once on the property of Lot 2, the intent is to let the drive move in and out of the existing mature vegetation so that no trees would have to be removed. 25 Lower Woodbridge Rd. • Suite 104-B • P.O. Box 6820 • Snowmass Village, CO 81615 • (970) 923-2644 • FAX (970) 923-2599 Minor PUD Amendment, Lots 1 and 2, Maroon Creek Club PUD Page 2 As the drive crosses from Lot 2 to Lot 1, we anticipate the loss of (1) one aspen tree on each lot. These would be easily mitigated through re -vegetation. We would like to offer a reduction in available FAR on lot 2, since it is not the intent of the current owner to sell the property individually. Lot 2 currently has 10,000 square feet of above grade FAR available for use, as calculated by the Maroon Creek PUD. We are willing to restrict this site to 6,000 square feet of above grade FAR as calculated by the Maroon Creek PUD. This reduction in FAR will help to mitigate the size of homes the drive serves. It will also help reduce the overall sense of bulk and mass of the structures in the neighborhood. We are also ready to provide a surveyed easement locating the drive across Lot 2 for the use by Lots 1 and 2, subject to the approval of this minor amendment. The agreement made with staff is to stake the exact location of the drive with members of staff, and to then survey this drive alignment and all of the existing vegetation to provide an accurate depiction of the drive easement. The enclosed photographs depict the existing site conditions. The locations and direction that each photograph was taken is indicated on the submitted site plan. Review will visually show how the proposed drive location will benefit each lot, and the feasibility in which this drive can be constructed with a minimum of disturbance to each lot. We feel that the request for this minor amendment is one where all parties concerned will benefit. The Maroon Creek Club community will be enhanced by fewer curb cuts off Tiehack Road, and will be provided with much more vegetation along the road. The proposed reduced building FAR will allow for more sensitive site planning and the preservation of existing vegetation even as it exists within the building envelope. The owners of Lots 1 and 2 will be provided with an access worthy of the estate and amount of property contiguously owned. If you should have any questions or concerns with the submitted information, please do not hesitate to contact our office. '"'cerely,., AIA Robert Trown and Associates, Inc. Encl. Oct-16-2002 08:39am From- T-784 P 002/002 F-150 PODEP.L TDOWN & . C IA'SiI 11 October 11, 2002 Ms. James Lindt Planner A®pen/Pitkin County Planning Department 130 South Galena Street Aspen., CO 81611 Mr. Lindt: This letter of authorization would allow Robert Trown & Associates, Inc. to act as the i the David and Jennifer Stockman with matters pertaining to, but not limited to the proct all items through the County and any other committee necessary. The property is defined Lot 1 Maroon Creek Club PUD, 1470 Tic Lot 2 Maroon Crack Club PUD, Tie Please direct any correspondence to: Robert Trawn & Associates, Inc. PO Box 1628w Snomass Village, CO 81615 Tel: (970) 923-2644 Sincerely, David Stockman, Owner Lot 1 1470 Tiehack Road Aspen, CO 81611 Lot 2 Maroon Creek Club Aspen CO 81611 for of hack Road, Aspen, CO 81611 hack Road, Aspen, CO 91611 11 ii jl ,I it ll al ,I I Jennifer St an, owner Lot 1 1470 iehaek Road Aspen, C81611 Lot 2 Maroon Creek Club Aspen, CO 81611 25 Lower Woodbridge Rd. • SuiW 104•13 • P.O, Box 6820 • Snowrnsss Village, CO 81615 • (970) 923-2644 - FA, (970) 923-2599 ATTACHMENT 2 -LAND USE APPLICATION Location: IL1-1OTIAneufIZ. A O , Cn '?Nlo\1 , L-c* 1 Mnyvan 6XpeL _ (Indicate street address, lot & bloc number, legal description where appropriate) APPLICANT: Name: Y • • REPRESENTATIVE: Name: `Key/ 1 y1 U O O✓, t�,1 A 1 At Address: �� 0V Phone #: 01 D - Z Lo LA PROJECT: ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devi. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition GMQS Exemption ❑ Subdivision ❑ Historic Designation U ESA - 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use ❑ Other. ❑ Lot Line Adjustment ❑ Text/Map Amendment TYPE OF APPLICATION: (please check all that apply): EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) L c+ 1 VIAs lz� \ s n6a SV- Y, - Lot Z 1s \/,Aca✓At 1 c;- w AV � 6.,- to# o0o�► ��- SF CZ\dv�t�l1� . PROPOSAL: (description of proposed buildings, uses, modifications, etc. Modify existing development envelopes on Lots 1 and 2 to allow shared access from Lot 2. Abandon existing Lot 1 access. Trade envelope so no increased development envelope. Limit FAR on Lot 2 to 6,000 sq. ft above grade, measured per existing PUD requirements. Subgrade FAR not affected by this application. Have you attached the following? FEES DuE: S 1A?!5! v.- Pre -Application Conference Summary Attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards Al' 'ans that are larger than 8.5" a 11" must be folded and a floppy disk with an electronic copy of all written te. Iicrosoft Word Format) must be submitted as part of the application. OCT, 18. 2002 12:10PM PITKIN COUNTY TITLE NO. 4869 P, 2 i CERTIFICATE OF OWNERSHIP Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that J. STOCKMAN AND D; STOCKMAN are the owner's in fee simple of the following described property: LOT 1, 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 ENCUMBRANCES: Deed of Trust from: J. Stockman and D. Stockman To the Public Trustee of the County of PITKIN For the use of : Affiliated Financial Services, Inc. Original Amount $5,160,000.00 Dated : December 5, 2000 Recorded : December 5, 2000 I Reception No. : 449432 j The above Deed of Trust was assigned to Thornberg Mortgage, Inc. by instrument recorded June 25, 2001 as Reception No. 455786. Subject to easements, rights of way and recorded matters. This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. PITKIN COUNTY TITHE, INC. BY: Ui , authorized si CERTIFIED TO: Septth*er 20, 2002 @ 8:00 A.M. OCT, 18. 2002 12:10PM C TY OF VRE—rr DATE REP 12l-5ton CAA Recorded at Reception_ PITKIN COUNTY TITLE I NO. lg�l5 RECORDING REQUESTED BY: WHEN RECORDED RETURN TO, J. Stockman and D. Stockman c/o Charles T. Brandt. Esq. Charles T. Brandt & Associates, P.C. 420 East Main, Suite 204 Aspen, Colorado 81611 1iy b Ift. vITY 0 PON HAO D 00kim REP NO. 1.�L/q 0 o 8 (C t 5 o'clock M. ARRANTY NO. 4869 P. ? -r" THIS DEED made this S day of December, 2000, between LW1, INC., a Colorado Corporation (hereinafter "Grantor"), and J. STOCKMAN and D. STOCKMAN, as joint tenants (hereinafter "Grantees"), whose legal address is c/o Charles T. Brandt, Esq., Charles T. Brandt & Associates, P.C., 420 East Main, Suite 204, Aspen, Colorado 81611 WITNESSETH, that the Grantor, for and in consideration of the sum of Tcn Dollars (S 10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantees, as joint tenants and not as tenants in common, their heirs, successors and assigns forever, all the real property, together with improvements, lying and being in the County ofPitkin, State of Colorado, described as follows: LOT 1, 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- TOGETHER with all and singular the hereditamcnts and appurtenances thereto belonging or in \ anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits ` thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law V or equity, of, in and to the above bargained premises, with the hereditament, and appurtenances; SUEURCT TO THE FOLLOWING EXCEPTIONS: Real property taxes for 2000. due and payable in 200, subject to building and zoning regulations, and those exceptions listed on Exhibit A attached hereto and incorporated herein by this reference _ All documents are recorded in the records ofPitkin County, Colorado. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantees, their heirs, successors and assigns forever. The Grantor, for itself, its successors and assigns does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantees, their heirs, successors gand assigns, against all and every peczson or persons claiming the whole or any part thereof, by, through or under the Grantor, its successors and assigns. e- IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. iw ;ro PkeA. XTerGon,Vi8APrN orporati � y nt Of �, STATE OF COLORADO ) q9— ) ss. COUNTY OF P=IN ) rV� -O a My c N foregoing insuument was acknowledged before me this S day of cem 'cr. 2000 by son as vice President of LW I, Inc., a Co ado Corporation. SS my hand and official eal. mission expires: / I D _ / — 0 otary Public re.lryl�y vp-17.. m .lk aruiae. IIIIII 11111111111 IIIIII �Illl IIIII IIIII II! 1lIII IIII IIII 442431 12/0d/2000 04 MP SPEC lD MVIS SILVi 2 of 2 R 10.00 D 785. M N 0. M PITKIN CM MTY 00 W QMJ?dU*,.1 EAym 11/01T1003 OCT, 18. 2002 12:1OPM PITKIN COUNTY TITLE - a-. NO. 4869 P. c Right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patents recorded September 13, 1934 in Book 162 at Paga 400. 2- Easements. rights of way and all matters as disclosed on Plat of subject property recorded November 15, 1993 in Plat Book 3.3 at Page 4 and Amended Sheet 2 recorded March 31, 1994 In Plat Book 34 at Page 23 and Assignment of Plat to Maroon Creek Limited Liability Company recorded February 17. 1994 in Book 742 at Page 117 and 121, Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters a$ set forth in Master Declaration of Protective Covenants for Maroon Creek Club recorded December 2, 1993 in Book 733 at Page 598 and First Amendment thereto recorded February 17. 1994 in Book 742 at Page 83, Assignment and Designation of Successor Declarant for Maroon Creek Club recorded May 11. 1994 in eook 750 at Page 242. Second Amendment thereto recorded June 8, 1994 In Book 752 at Page 754 and Amended and Restated Third Amendment thereto recorded July 26, 1994 in Book 756 at Page 597, Fourth Amendment thereto recorded July 26, 1994 as Reception No. 396947. and Assignment of Successor Declarant for Maroon Creek Club recorded May 11, 19941n Book 750 at Page 242, deleting therefrom any reistrictlons indicating preference, limitation or discrimination based on race, color. religion, se:, handicap, familial status or national origin. 4. Terms, conditions, provisions, obligations and all matters as set forth in Subdivision Improvements Agreement recorded November 12, 1993 in Book 730 at Page 606. 5. Terms, conditions, provisions, obligations and all matters as set forth In Final Plat Resolution of the Board Of County Commissioners recorded August 13, 1993 In Book 721 at Page 245 as Resolution No. 93-104_ 6. Avigation Easement granted to Pitkin County recorded November 12, 1993 in Book 730 at Page 690_ 7. Terms, conditions, provisions and obligations of Water Service Agreement between The City of Aspen and Pearce Equities Group 11, Limited Liability Company, a Utah Limited Liability Company, recorded November 15, 1993 in Book 730 at Page 797. Assignment and Assumption of Water Lease Agreement recorded November 15. 1993 in Book 730 at Page 855, Assignment and Assumption Agreement recorded January 7. 1994 in Book 737 at Page 809 and Amended Assignment and Assumption Agreement recorded April 11, 1994 in Book 747 at Page 191 and First Amendment thereto recorded October 17. 1997 as Reception No. 409559_ 8 • Terms, conditions, provisions and obligations as set forth In Trench, Conduit and Vault Agreement with Holy r_ross Electric Association, Inc., recorded July 11, 1994 in Book 755 at Page 55_ 9 - Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County CUmmissioners recorded August 28, 1995 in Book 791 at Page 821 as Resolution No. 95.128. 10. Subject property was annexed to the City of Aspen please refer to the following documents: 11. Annexation Plat, recorded February 6, 1997 in Plat Book 41 at Page 76, Ordinance, recorded Febraury 21. 1997 as Reception No. 401965. 12- Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No, 40. Series of 1996 by Aspen City Council recorded April 8, 1997 as Reception No_ 403224 and re -recorded May 15, 1997 as Reception No. 404428, regarding rezoning Maroon Creek Club Subdivision. 13. Terms, conditions, provisions and obligations as set forth in Amended and Restated Easement Agreement recorded July 13. 2000 as Reception No, 444995, 111111111111 IIIIII 111111111111111111111 III 111111111 IN 14l�31 12/03/?IIIIIIIIIIIe l4:00P SMC NO DRVIS SILVI 2 of 2 R 10.09 D 7!S'.00 N 9.60 PITKIN COUNTY CO fn O r Ott, OCT. 11. 2002, 9:12AM KAUFMAN & PETERSON No HRM PAID 1 `1 OAXE REP r Recorded at dclock M. Reception RECORDING REQUESTED BY: WHEN RECORDID RETURN TO: J. Stockman and D. Stockman c/o Brooke A. Peterson, Esq. Kaufman & Peterson, P.C. 315 East I-lynton Avenue, Suite 305 Aspen, Colorado 8 1611 SPECIAL WAIiILANTYDEED ,114 c�.145 \0.7379 THIS DEED made this )_j day of July, 2002, between WILLIAM H. PLUMMER (hereinafter "Grantor"), and J. STOCKMAN and D. STOCKMAN, as joint tenants (hereinafter "Grantees"), whose legal address is 105 Conyers farm Drive, Greenwich, Connecticut 06831. WITNCSSETH, that the Grantor, for and in consideration of the suns of Ten Dollars (S 10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantees, as joint tenants and not as tenants in cotmnon, their heirs, successors and assigns forever, all (lie real property, togetherwith improvements, lying and being in the County ofPitkin, State of Colorado, described as follows: LOT 2, MAROON CREEK CLUB, as shown on the Final Subdivision Plat & PUD for Maroon Creek Club, recorded November 15, 1993 in Plot Book 33 at.Page 4. COUNTY OF PITKIN, STATE OF COLORADO. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditome„ is and appurtenonces; SU13JECT TO THE FOLLOWING EXCtPTIONS: Real property taxes for 2002, due and payable in 2003, and those exceptions listed on Exhibit, A attached hereto and incorporated heroin by this reference. All documents are recorded in the records of Pitkin County, Colorado. TO HAVE AND TO BOLD the said premises above bargained and described with the appurtenances, unto the Grantees, then heirs, successors and assignb forever. The Grantor, for himself his heirs, successors and assigns does covenant and agree that he shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantees, their heirs, successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor, his heirs, successors and assigns. IN WITNESS WHEREOF, the Grantor has executed this deed on the date t o h above. illiam 11 Plummer STATE OF U to ss. COUNTY OF tit E The foregoing instrument was ncl<r.nwled_ed before me this _ da,y nfJnly, 2002 by William 11 Plummier. WITNESS my hand and official seal, My commission expires: 1111 % 0 3 a�4naeVWdnurne„ eemk stub 1 Notary tub is I r Ily ODaun,d.:,. 4c+ I11011 It 1 OCT.11.2002 9:12AM KAUEMAN & PETERSON NO, 7379 P. 2 EXHIBIT A 1 . Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same he found to penetrate or Intersect the premises hereby granted and right of way for ditches or canals constructed by the authority of the United States as reserved in United Slates Patents recorded March 15, 1992 In Book 55 at Page 21, August 26, 1911 In Book 55 at Page 189, August 26, 1911 in Book 55 at Page 191, September 13, 1934 In Book 162 at Page 400, June 16, 1944 In Book 167 at Page 562 and May 20, 1063 In Book 180 at Page 165_ 2 . Easements, rights of way and all matters as disclosed on Plat of subject property recorded November 15, 1993 in Plat Book 33 at Page 4 and Amended Sheet 2 recorded March 31, 1994 In Plat Book 34 at Page 23 and Assignment of Plat to Maroon Creek Limited Uabllity Company recorded February 17, 1994 In Book 742 at Page 117 and 121. 3, Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Master Declaration of Protective Covenants for Maroon Creek Club recorded December 2, 1993 In Book 733 at Page 598 and First Amendment thereto recorded February 17, 1994 In Book 742 at Page 83, Assignment and Designation of Successor Declarant for Maroon Creek Club recorded May 11, 1994 In Book 750 at Page 242, Second Amendment thereto recorded June 8, 1994 In Book 752 at Page 754 and Amended and Restated Third Amendment thereto recorded July 26. 1994 in Book 756 at Page 697. 4. Terms, conditions, provisions, abllgations and all matters as set forth In Subdivision Improvements Agreement recorded November 12, 1993 In Book 730 at Page 608 and amended thereto In Instrument recorded March 10, 2000 as Reception No.441279. 5. Terms, conditions, provisions, obligations and ail matters as set forth In Final Plat Resolution of the Board Of County Commissioners recorded August 13, 1993 in Book 721 at Page 245 as Resolution No. 93-104. 6. Avigalion Easement granted to Pltkln County recorded November 12, 1993 In Book 730 at Page 690. 7. Terms, conditions, provisions and obligations of Water Service Agreement between The City of Aspen and Pearce Equities Group II, Limited Liability Company, a Utah Limited Liability Company, recorded November 15, 1993 In Book 730 at Page 797, Assignment and Assumption of Water Lease Agreement recorded November 15, 1993 in Book 730 at Page 865, Assignment and Assumption Agreement recorded January 7, 1994 in Book 737 at Page 899 and Amended Assignment and Assumption Agreement recorded April 11, 1994 in Book 747 at Page 191. 6. Terms, conditions, provisions, obllgatlons and all matters as set forth In Resolution of the Pilkin County Board of County Commissioners recorded August 25, 1995 in Book 791 at Page 821 as Resolution No. 95-128. 9. Easements, rights of way and all matters as disclosed on Plat of subject property recorded February 6, 1997 in Plat Book 41 at Page 76. 10. Terms, conditions, provisions, obligations and all matters as set forth In Ordinance No. 34, Series of 1996 by City Council of the City of Aspen recorded February 21, 1997 as Reception No. 401985. 11. Terms, conditlons, provisions, obligations and all matters as set forth in Ordinance No. 40, Series of 1996 by Aspen City Council recorded April 8, 1997 as Reception No. 403224 and re -recorded May 15, 1997 as Reception No. 404428, 12, Easement and right of way for Private access as set forth in Rule and Order recorded December 7, 1098 as Reception No, 425224 and amended thereto in Instrument recorded February 22, 1999 as Reception No. 427970, and Corrected in instrument recorded May 10, 1999 as Reception No. 430872, . 13. Terms, conditlons, provisions and obligations as sal forth In Agreement recorded September 22, 1999 as Reception No. 435797. 14. Terms, conditions, provisions and obligations as set forth in Court's Order of Inclusion recorded April 9, 2001 as Reception No. 453237. I IIIIII IIIII (IIIII IIIII IIIIII I�I lllllll I�I I�III I II III 0 698 of 2 ea; 33C SILVIR DPvIS PIrKIN COUNTY GO R 10.00 0 245.00 Return to BROOKS PETERSON KAUFMAN & PETERSON 315 E HYMAN, SUITE 305 ASPEN, Co 81611 To Snowmass Village (unpaved road) O O To Sno, Village and Glaii—od Springs Buttermilk Or Starwood Whim River National Forest ro 4f §!L0—w44nny L. V e-, B ny Ct Or sierf z y 111� 0 f"k-It, Aspen '4 N, , Gvffcqm�& Aspen Maroon Lr@OK nL(J School C oh A �Fdd rt� fidd h 14 M( ts`eOaks I A V.1" School �,Sievers "e P am Cir Pv'00' �'Doolithe Grey at, 4/o,�auiel \,Nat Goal fl�qe Ln A 400'. L Steeple -ChM Or hundif h9,001 Aspen Highlands Nati uji rjeek Rd 0. forest ATTACHMENT 4-CONT'D- SUBMITTAL KEY 1. Land Use Application with Applicant's name, address and tciephone 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 8 112" x 11" 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.) 12. Accurate elevations (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures; a verification and recordation of the actual elevation in relation to mean sea level to which any structure is constructed; a demonstration that all new construction or substantial improvements will be anchored to prevent flotation, collapse or lateral movement of any structure to be constructed or improved; a demonstration that the structure will have the lowest floor, including basement, elevated to at least two (2) feet above the base flood elevation, all as certified by a registered professional engineer or architect. 13. A landscape plan that includes native vegetative screening of no less than fifty (50) percent of the development as viewed from the rear (slope) of the parcel. All vegetative screening shall be maintained in perpetuity and shall be replaced with the same or comparable material should it die. 14. 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. 15. Proposed elevations of the development, including any rooftop equipment and how it will be screened. 6. A site plan depicting the proposed 16. Proposed elevations of the layout and the projc is physical development, including any rooftop relationship to the land and it's equipment and how it will be screened. 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. 8. Plan with Existing and proposed grades at two -foot contours, with five-foot intervals for grades over ten (10) percent. 9. Proposed elevations of the development 10. A description of proposed construction techniques to be used. 11. A Plan with the 100-year floodplain line and the high water line. 17. A sketch plan of the site showing existing and proposed features which are relevant to the review. 18. One(]) inch equals four hundred (400) feet scale city map showing the location of the proposed subdivision, all adjacent lands owned by or under option to the applicant, commonly known landmarks, and the zone district in which the proposed subdivision and adjacent properties are located. 19. A plat which reflects the layout of the lots, blocks and structures in the proposed subdivision. The plat shall be drawn at a scale of one (1) equals one hundred (100) feet or larger. Architectural scales are not acceptable. Sheet size shall be twentv-four (24) inches by thirty-six (36) inches. If it is necessary to place the plat on more than a one (I ) sheet, an index shall be included on the first sheet. A vicinity map shall also appear on the first sheet showing the subdivision as it relates to the rest of the city and the street system in the area of the proposed subdivision. The contents of the plat shall be of sufficient detail to determine whether the proposed subdivision will meet the design standards pursuant to Land Use Code Section 26.480.060(3).20. Subdivision GIS Data. 21. A landscape plan showing location, size, and type of proposed landscape features. 22. A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 26.470. 23. The precise wording of any proposed amendment. 24. Site Plan or plans drawn to a scale of one (1") inch equals ten (10') feet or one (1") inch equals twenty (20') feet, including before and "after" photographs (simulations) specifying the location of antennas, support structures, transmission buildings and/or other accessory uses, access, parking, fences, signs, lighting, landscaped areas and all adjacent land uses within one -hundred fifty (150') feet. Such plans and drawings should demonstrate compliance with the Review Standards of this Section. 2.5. FAA and FCC Coordination. Statements regarding the regulations of the Federal Aviation Administration (FAA) and the Federal Communications Commission (FCC). 26. Structural Integrity Report from a professional engineer licensed in the State of Colorado. 27. Evidence that an effort was made to locate on an existing wireless telecommunication services facility site including coverage/ interference analysis and capacity analysis and a brief statement as to other reasons for success or no success. 28. Neighborhood block plan at 1 "=50' (available from City Engineering Department) Graphically show the front portions of all existing buildings on both sides of the block and their setback from the street in feet. Identify parking and front entry for each building and locate any accessory dwelling units along the alley. (Continued on next page.) Indicate whether any portions of the 35. Exterior Lighting Plan. Show the houses immediately adjacent to the location, height, type and luminous subject parcel are one story (only one intensity of each above grade fixture. living level). Estimate the site illumination as measured in foot candles and include minimum, 29. Roof Plan. maximum, and average illumination. - Additionally, provide comparable 30. Photographic panorama. Show examples already in the community that elevations of all buildings on both sides of demonstrate technique, specification, and/ the block, including present condition of or light level if they exist. the subject property. Label photos and mount on a presentation board 31. A condominium subdivision exemption plat drawn with permanent ink on reproducible mylar. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches with an unencumbered margin of one and one-half (1 1/2) inches on the left hand side of the sheet and a one-half (12) inch margin around the other three (3) sides of the sheet pursuant to Land Use Code " Section 26.480.090. 32. A description and site plan of the proposed development including a statement of the objectives to be achieved by the PUD and a description of the proposed land uses, densities, natural features, traffic and pedestrian circulation, off-street parking, open space areas, infrastructure improvements, and site drainage. 33. An architectural character plan generally indicating the use, massing, scale, and orientation of the proposed buildings. 34. A written description of the variance being requested. �■� _UL. 24. 2002 10:35AM CITY OF ASPEN NO. 5008�P. 1 ■ ■ CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: James Lindt, 920.5095 PROJECT: DATE: 7/24/02 Lots 1 & 2 MCC PUD Amendment for Development Envelope Adjustment REPRESENTATIVE: Kevin Morely OWNER: Stockmans TYPE OF APPLICATION: PUD Amendment DESCRIPTION: PUD Amendment to amend the development envelopes on lots 1 & 2 of the Maroon Creek Club PUD. The development envelope adjustment is for the purpose of connecting the aforementioned properties with a landscaped golf cart trail. Land Use Code Section(s) 26.445.100(8) Amendment of PUD development order. Review by: Staff for complete application, referral agencies (Development Review Committee) for technical considerations, review by the Planning and Zoning Commission at a Public Hearing, Public Hearing: Yes, Planning and Zoning Commission Referral Agencies: Parks Department, Engineering Planning Fees: Planning Deposit $1205 Referral Fees: Engineering S I go Total Deposit: $1385 To apply, submit the following information: 1 • Total Deposit for review of application. 2. 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. 3. Signed fee agreement. 4. Pre -application Conference Summary. 5- An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. 6. 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. 7. Improvement Survey with topography(two foot contours) and existing vegetation, 8• Proposed site plan. 9. Proposed landscaping plan. Indicate all trees to be removed. 10. 12 Copies of the complete application packet (items 1-9) Process: Apply. Planner checks application for completeness. Staff reviews application against PUD amendment standards and formulates staff recommendation. Application is then taken to DRC for City Department referral comments. The Planning and Zoning Commission reviews the proposed PUD amendment at noticed public hearing. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future. and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. L 0 w c. o s w o y w > •O w o w U a '~ " O O ~ O ~ C Grr d x c •E d eU R L c •v 8 � U °23 L. y d "O O 'O V a :: .0 d R O � o u z a o '••� N `'o N N o .•-� 0 .-� 0 � 0 .-+ 0 N 0 .�+ N 0 �-•� 0 N 0 "- N 0 `" N o .-+ o '' N °� N o a, N C/� o N 'C U Ua z> r- U C Q U v v U °� °� d H N Q U N> > N N N N Z> F a a A N a Z a �n Fa" E>_- UU QvU o O �X� y x A z i o e 1 T❑ z d o z N U U N Ca d G Q a 0 "p � Q F• -'� a Q a H.o y zgz o iw wz_ u Q U P, A a o C C i C x , x 0 C cu 1n kntn kn tn N N N Q\ j M N y i M a 00 OD N N �O 00 00 00 00 .-- C, Q o .--+ .-� N a��c� � ��r�tz t-�� Mtz z 3 o w z LL;6 a z a z CwA > o w= c w or `" a F z U a c z "� w A w> O a cu 0 0 H a ;: wa U3 d U o 00 a cn H a, U U � N C u � w U C w O '0 W o .� o aU N N co UwU QU U UAz w o o > i w a U w c a zUg42a d d pa�.aa xv�waN��d�N ct. ° az�,�°oz°a�o�-°� °o�,dz a. z G Q zO�Q� d c x d W d U H M O1 M n t- t t- r d z c Z w a w z z.. OF i� x .a �, z ., av w o gc a A d Pr U Q v w 0.w A ATTACHMENT 5 DEVELOPMENT REVIEW PROCEDURE 1. Attend pre -application conference. During this one-on-one meeting, staff will determine the review pr6cess which applies to your development proposal and will identify the materials necessary to review your application. 2. Submit Development Application. Based on your pre -application meeting, you should respond to the application package and submit the requested number of copies of the complete application and the appropriate processing fee to the Community Development Department. 3. Determination of Completeness. Within five working days of the date of your submission, staff will review the application, and will notify you in writing whether the application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. 4. Staff Review of Development Application. Once your application is determined to be complete, it will be reviewed by the staff for compliance with the applicable standards of the Code. During the staff review stage, the application will be referred to other agencies for comments. The Planner assigned to your case or the agency may contact you if additional information is needed or if problems are identified. A memo will be written by the staff member for signature by the Community Development Director. The memo will explain whether your application complies with the Code and will list any conditions which should apply if the application is to be approved. Final approval of any Development Application which amends a recorded document, such as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has determined that your application is eligible for the requested amendment or exemption. 5. Board Review of Application. If a public hearing is required for the land use action that you are requesting, then the Planning Staff will schedule a hearing date for the application upon determination that the Application is complete. The hearing(s) will be scheduled before the appropriate reviewing board(s). The Applicant will be required to mail notice (one copy provided by the Community Development Department) to property owners within 300 feet of the subject property and post notice (sign available at the Community Development Department) of the public hearing on the site at least fifteen (15) days prior to the hearing date (please see Attachment 6 for instructions). The Planning Staff will publish notice of the hearing in the paper for land use requests that require publication. The Planning Staff will then formulate a recommendation on the land use request and draft a memo to the reviewing board(s). Staff will supply the Applicant with a copy of the Planning Staffs memo approximately 5 days prior to the hearing. The public hearing(s) will take place before the appropriate review boards. Public Hearings include a presentation by the Planning Staff, a presentation by the Applicant (optional), consideration of public comment, and the reviewing board's questions and decision. 6. Issuance of Development Order. If the land use review is approved, then the Planning Staff will issue a Development Order which allows the Applicant to proceed into Building Permit Application. 7. Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may proceed to building permit review. During this time, your project will be examined for its compliance with the Uniform Building Code. It will also be checked for compliance with applicable provisions of the Land Use Regulations which were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks, parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected if due. Any document required to be recorded, such as a plat, deed restriction or agreement, will need to be reviewed and recorded before a Building Permit is submitted. ATTACHMENT 6 PUBLIC HEARING NOTICING REQUIREMENTS Three forms of notice are required by the Aspen Land Use Regulations: publication in the newspaper, posting of the property, and mailing to surrounding landowners. Following is a summary of the notice requirements, including identification of who is responsible for completing the notice. 1. Publication - Publication of notice in a paper of general circulation in the City of Aspen is to be done at least fifteen (15) days prior to the hearing. The legal notice will be written by the Community Development Department and we will place the notice in the paper within the appropriate deadline. 2. Posting - Posting of a sign in a conspicuous place on the property is to be done fifteen (15) days prior to the hearing. It is the applicant's responsibility to obtain a copy of the sign from the Community Development Department, to fill it in correctly and to bring proof to the hearing that posting took place (use attached affidavit). 3. Mailing - Mailing of notice is to be made to all owners of property within 300 feet of the subject development parcel by the applicant. It is the applicant's responsibility to obtain a copy of the notice from the Community Development Department, to mail it according to the following standards, and to bring proof to the hearing that the mailing took place (use attached affidavit). Notice to mineral Estate Owner. An Applicant for surface Development shall notify affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application for development. The applicant shall certify that the notice has been provided to the mineral estate owners. 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 public hearing. ATTACHMENT 7 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) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing 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 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 of Notice" 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 (SIGA9 LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Loi- �/�rc�/1 G�ee�Glyl�\�► Applicant: JbAv-jk v-\ Location: iy-1 o T\elnaC RZCotA Ok�, Co Fit t,,\ \ Zone District: Lot Size: Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slo es. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Ex• 'ng: Proposed. - Number of residential units: tin Proposed: Number of bedrooms: ng. Proposed: Proposed % of d ion (Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: Proposed:_ Principal bldg. height: Existing: Allowable: Propos _ Access. bldg. height: Existing: Allowable: P posed.•_ On -Site parking: Existing: Required: Proposed.•_ % Site coverage: Existing: Required. Proposed._ % Open Space: Existing: uir : Proposed:_ Front Setback: Existing: quired: Proposed._ Rear Setback: Existing: Required: Proposed:_ Combined F/R: Ezistin Required: Proposed:_ Side Setback: Ex' ing: Required: Proposed:_ Side Setbac Existing: Required: Proposed.•_ Combined des: Existing: Required: Proposed. Existing non -conformities or encroachments: Variations requested: ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Lcvt Z NAA-1oyA V OLL� Applicant: unvill-A :^VUA v1 Location: Zone District: Lot Size: Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slo es. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Ex' ng: Proposed. - Number of residential units: tin Proposed: Number of bedrooms: ng: Proposed: Proposed % of d ' on (Historic properties only): DIMENSIONS: Floor Area: Existing: Principal bldg. height: Existing: Access. bldg. height: Existing:, On -Site parking: Existing: % Site coverage: Existing: % Open Space: Existing: Front Setback: Existing:. Rear Setback: Existing:. Combined F/R: Existin Side Setback: Ex' Ing: Side Setbac • Existing: Combined des: Existing:. Allowable: Proposed. - Allowable: Propos . Allowable: P posed.• uired: Proposed: uired: Proposed. uir ;quired.- Proposed: Proposed. Required. Proposed: Required. Proposed: Required: Proposed: Required: Proposed: .Required. - Existing non -conformities or encroachments: Variations requested: CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of Citv of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and * AV\A " J2✓W�\�e� \� (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for � tiM\✓1o(Z C�v b �\nnc�✓1�v\ne✓��- (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 and/or 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 $ 12QF-i. ov which is for la 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 thc�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 By: Julie Ann Woods Community Development Director g:\support\forms\agrpayas.doc 1/10/01 APPLICANT By: AA Date: C) ^ 0-2— Mailing Address: L/o RobcrtTrr�/�/t $ AsF ll"M 1ROBnr rsown t ASNOATMI r wear. ocsww rvw pR OpERTy L� / 1 0 \ -im•fr. Q OAJr- Tj \\ _ A`P OPO SE DEVELOPME T EL VP Ems? E\ OpO5ED.0. \ lop j%� yOQE� �RS� L�Nti $/Dict�j uY tiNv� ?110 \ o TtS°E pp, �IEE lilip Eslv1�,Lvm . 11 ,I YR°p w a O a to n � gym• 1CF•Pp'�1C � Zr�t7 • FT• ' .c-4L—f11C76 L` L:1NgIVE r'E coca- - = gC1 I I wv z�0 a G �I w- \� \♦\ T �CO�'E \� DEC _'WE=,pP= �� STOCKMAN RESIDENCE \ \ SCALE: 1l16 PROPOSED DRIVEWAY ALIGNMENT �oR SEPT.18.2002 I LOTS 1 AND 2, MAROON CREEK ♦ \ �� ll�c� Yo0 a e nd w4 crj� V4 &*4r k 4, lcm� �g6 Stc- C,. ► rin `u 5 l t c4V, tc4W et�zo � "�(- .SAY"I I c1 — cm • --- U-MA --V - - 0 0 C - OJ\ -- ----- - --- 130 S. Galena St. Aspen CO 81611 (970) 920-5090 (970) 920-5439, fax To: Kevin Morley From: Scott Woodford, (970) 920-5102 Fax: 970-923-2599 Pages: 3 Phone: Date: 12/6/02 Re: Lots 1 & 2 Maroon Creek Club CC: ❑ Urgent x For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Comments: Kevin, attached is the comments from the DRC Meeting as well as some comments from Community Development based on the revised plans. I have been trying to get in touch with Ed VanWalraven of the Fire Department to see if he has any comments on the revised plan. Have you been coordinating with him? If not, I forwarded a copy of the first revised plan to him, but not the second revised plan. I only got one copy from you -did you drop off a copy to him? As you will note on the attached letter, our Department does not support the proposal in its current form. The reasons for not supporting it are detailed in the letter. If you would like to discuss our comments, please give me a call. As it stands, though, the project is still scheduled for Planning and Zoning Commission on January 7, 2003. MEMORANDUM To: Development Review Committee From: John Niewoehner, Community Development Engineer, DRC Caseload Coordinator Date: October 30, 2002 Re: Maroon Creek Club — Lot I and 2 Attendees: Scott Woodford, Community Development Department Ed VanWalraven, Fire Department Brian Flynn, Parks Department John Niewoehner, Community Development Department Kevin Morley, Applicant's Representative At the October 30, 2002 meeting, the Development Review Committee reviewed the following project: Maroon Creek Club Lots 1&2: A minor PUD amendment to modify the existing development on lots 1 and 2 to allow for a common driveway. DRC COMMENTS I . Engineering Department: No comments at this time. 2. Community Development Engineer: • Since vehicles will access Lot 1 by driving across Lot 2, an access easement is needed across Lot 2. 3. Zoning: No comments at this time. 4. Housing Department: No comments at this time. 5. Fire Protection District: • Since the driveway is more than 150 feet long, the driveway must be 16 feet wide. • All dwellings must have sprinklers. • The driveway must be designed to accommodate the necessary movements of a fire truck (including turning around). In addition, at the mid point of the driveway there needs to be a wide pullout spot in the driveway to allow two vehicles to pass. In order to limit the area of pavement, this area should be incorporated into the driveway area serving exclusively Lot 2. • The turn off of Tiehack Road needs to be `softened' to provide access for a large fire truck. • Some of the driveway requirements for fire access may not be necessary if the existing driveway serving Lot 1 remains. If the Lot 1 driveway is replaced with grass-crete pavers, the pavers would have to be designed to DOT standards to support a fire truck. The grass-crete driveway would also have to be maintained year round (i.e. plowed). 6. Parks Department: After site visit on 11/18, Parks has the following comments: 1) Mitigation for the trees for removal on site will be $13,250.88- this is a total of 9 trees identified as per code and in need of mitigation. A tree permit will be required before final approval of this driveway alignment. Mitigation can be on site with landscaping of the native restoration area. 2) The entire area west of the proposed Y-turn around which currently serves as the driveway, will need to be re -vegetated in native plantings only. The area in front of the house and to the South of the y-turn can be landscaped for screening or per the residence. 7. Buildine Department: No comments at this time. 8. City Water Department: No comments at this time. 9. Aspen Consolidated Sanitation District: No comments at this time. 10. Environmental Health: No comments at this time. 11. City Community Development — Planning: The Community Development staff has reviewed the application proposal and revised site plan at a recent staff meeting and the Department has concerns with the proposal. Our primary concern is with the need for the driveway. We feel that a long, winding driveway immediately paralleling a public street is a duplication of a public facility (the cul- de-sac), which the Land Use Code discourages (Section 26.480.050.B.b Spatial pattern efficient). Both lots already have relatively easy access directly from a public street. Because of this, we don't see a compelling reason why we should make access to the lots more difficult. Secondarily, staff' feels that the driveway unnecessarily creates more impermeable surface and disrupts natural vegetation. Although the driveway may be ultimately designed to be accessible by a fire truck, it is not the optimum driveway layout and it will likely require a constant effort to keep it clear of snow and parked cars in order to meet the minimum fire department requirements. This seems to us, to be creating an unnecessarily dangerous situation. The Code (Section 26.480.050 Land Suitability) requires that subdivisions be laid out in order to not create a condition that may be harmful to the health, welfare and safety of its residents. Additionally, even though the two lots are jointly owned now, allowing the common access to function more smoothly, we are concerned about what happens when one lot is sold separately. There is currently nothing in place that would guarantee that this would not happen. If they ever were to be sold separately, we could easily have a situation where a new owner petitions the city to have the common driveway undone and the separate driveway access arrangement reinstated. This would create additional impacts to at least one of the sites. 12. City Electric Department: No comments at this time. 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 Planning: No comments at this time. 18. County and City Disaster Coordinator: No comments at this time. 19. Transportation: No comments at this time. 20. Parking: No comments at this time. P. 01 TRANSACTION REPORT DEC-06-2002 FRI 11:27 AM RECEIVE DATE START SENDER RX TIME PAGES TYPE NOTE M# DP DEC-06 11:24 AM 4143524134 48" 1 RECEIVE OK NOW p ROBERT TROWN & ASSOCIATES, INC. Aspen/Pitkin Community Development 130 south Galena Street Aspen, CO 81611-1975 Tel: (970) 920-5090 Fax: (970) 920-5439 TRANSMITTAL DATE: PROJECT: ATTENTION: DESCRIPTION: COPY TO: SIGNED: 12/4/02 Maroon Creek Lots 1 and 2 Scott Woodford / SENT VIA HAND Scott : Enclosed please find the revised driveway and fire turn -about, for your review and comment. Thank you in advance for your attention to this matter. Kevin. File 25 LOWER WOODBRIDGE ROAD - SUITE 104-B - P.O. BOX 6820 - SNOWMASS VILLAGE, CO - 81615 TEL. (970) 923-6131 FAX (970) 923-2599 ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE DRESS OF PROPERTY:C7 aen, CO SCHEDULED PLBLIC HEARING DATE: Lf 1 C��' - , 200 STATE OF COLORADO SS. County of Pitkin ) 1 (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing 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) PUBLIC NOTICE RE: LOTS I AND 2 MAROON CREEK CLUB, PLAN- NED UNIT DEVELOPMENT (PUD) AMENDMENT NOTICE IS HEREBY NEN that a public hearing will be held on Tuesday. January 7, 2003, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, 130 S. Galena Street, to consider an appll- calion submitted by David and Jennifer Stock- man, requesting approval of a Planned Unit De- velopment (PUD) Amendment toamendthe plat- ted development envelopes of Lots I and 2 of the Maroon Creek Club, pursuant to Section 26.445.100 of the land Use Code. The applicant is seeking to amend the development envelopes In order to construct a common driveway across both lots. For further Information, contact Scott Woodford at the City of Aspen Coipmunity Development De. partment, 130 S. Galenadt., Aspen, CO (970) 92& 5102, scottw®cl.aspen.coms. s/Jasmine Tygre, Chah Aspen Planaing and Zoning Commissior I Published in The Aspen Times on December 21 2002.(9855) e w t,a4ts� feet and a central angle of u1241'49" (chord bears N.82'31'52"E. 320.08 feet) 4. N.76` 10'58"E:, a distance of 370.00 feet; thence S.75'06'I1"W., a distance of 798.34 feet to the Southwest corner of Maroon Creek Road right-of-way as dedicated on the plat of Meadow- ood Subdivision Filing Two: thence N.00 40'19"E., along the westerly boundary of said right,( -way and right-of-way extended 1334 feet; thence leav- ing said right,( -way and right-of-way extended S.88"48'31"W, along the northerly boundary of the Moore Family P.U.D. and the northerly boun- dary extended 58.43 feet; thence continuing along said northerly boundary S.88' 52'08"W., a distance of 300.00 feet; thence leaving said northerly boun- dary N.86'30'03"W, a distance of 841.81 feet to the POINT OF BEGINNING. Containing 59,884 square feet or 1.375 acres, more or less. REZONING PARCEL E PROPERTY DESCRIPTION Commencing at the S 1/4 CORNER SECTION 11 T 10 S. R 85 W OF 6th P.W,V FOUND REBAR & CAP, ILLEGIBLE (IS 901A RECORD); thence N.52'17'28" E., a distance of 2684.00 feet to a point Dn the boundary line of that property described in REC #398528 of the Pitkin County records the I true point of beginning; -thence the following three (3) courses I. a distance of 338.28 feet along the arc of a non- angent curve to the left having a radius of 440.00 eet and a cent 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. 1 ti Si Lure r�. The foregoing "Affidavit of Notice" was acknowledged efore me hisoi3 day of ce —�z�� , 200--�,, by�1 WITNESS MY HAND AND OFFICIAL SEAL My commissipn expires: Notary Public ;s �0 co 0O ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGA9 LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL N AAP Tfw—v VF amvlf)o�l W-A.%IT r DECEMBER 17, 2002 ��t ll \�lp 41 votivl QO + Isp 0 W 0 PPR, Op st r) *s% STOCKMAN RESIDENCE PROPOSED DRIVEWAY ALIGNMENT. LOTS I AND 2, MAROON CREEK �Lo4 / �. aot% DAa%)Ke> E3-4\IF Ot4 I.-f loApjtfF Ocle-,L)Ks- o? D O > � put, D�rG 4 0 NORTH SCALE: 1/16"=I'-0" ck I lell `4 � / vEC, � ,��yp4W / / \ \ �\ 4071 f�A-LTOT WUL A MOM M 1-k-Y-T- of ...... fbw ,. � � p�'A7L ll ems.. _ .... v1 i�,�i ��p4�T'� 4gp4�z .� c SSG -REV13LQp• N;N . lac I 0 PgOPQ$ED '%'. , �=- - Ipm a4T iddiiFF A up NMIs or nenp. ............ LESIDENCE �:PROPOSED. PRIVEWAY-.. ALIGNMENT LIOTSAAND. 2, MAROON -CREEK . 11 1 A:1,I.owS A Mo m M W �tT1�1+�1C-� dF STOCKMAN RESIDENCE PROPOSED DRIVEWAY ALIGNMENT LOTS 14NU 2, MAROON CREEK pROpERTY LSE DI�J'7"U�b G.►� v Cc�f C ci4L(' wAE)i�v G�IIt� Gmf2r- . r � I w a O I a W La W O � w a !z >_ • W w C � o SCALE: 1 /16"=1'-0" ' NORTH SEPT. 18, 2002 c / GONET(zlA Ft-V 15 p rFcsets r,>R LOT151 4 2) hAA*z)oN Gromr- s . l A%. C m GN 12-�- crt �y 16 PRcPes M14YOLo PcsP�cl 1 i i 1 1 �� i '•vim. .""::� r�� '+ " � =r {It��,y. ie .��,yy��•.3 � ♦ t' 'r(k � tii'l� �•�' ,��• `tl� �S' 1". •~ i •� � t - • ' . � • • ('-tMec-e.�-l=F�.�"�i'''II;. i�. 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