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HomeMy WebLinkAboutLand Use Case.861 Maroon Creek Rd.0011.2010.ASLUTHE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0011.2010.ASLU PARCEL ID NUMBER alb' 2.735'•12' 4- -4'6'g~ t 273'1 - o'I -'~ " '3~ - g S 1 PROJECTS ADDRESS y!e Sf0 l CaSt'lSL Vf~C ~~ PLANNER JENNIFER PHELAN CASE DESCRIPTION WORK SESSION REPRESENTATIVE CHRIS BENDON DATE OF FINAL ACTION 4.2.10 CLOSED BY ANGELA SCOREY ON 4.2.10 ~~ robert mehall ~ It C~ k1 t 1 F: (~ T ~ ~et~ax 5506 5no,~~svillage Colorado ~1~94b te1:9~p.9~`3 ooex ~ (~ - ZOtO - PSI.1a r 1 Errin Evans From: Beth Mehall [beth@rmarchitect.net] Sent: Wednesday, April 15, 2009 8:49 PM To: Joyce Allgaier Cc: Chris Bendon; Tim Anderson; Errin Evans; Jeff Woods Subject: Re: Tennis facility thanks everyone --Beth Joyce Allgaier wrote: > Okay...thanks for the clarification Chris and Tim. > We'll be talking with you all soon. Thanks. Joyce > -- > *From:* Chris Bendon [mailto:Chris.Bendon(~ci.aspen.co.usl > *Sent:* Wednesday, April 15, 2009 4:45 PM > *To:* Tim Anderson; Joyce Allgaier; Errin Evans > *Cc:* Beth Mehall; Jeff Woods > *Subject:* RE: Tennis facility > An honorary associates degree in planning for you my friend. > Cheers, > //Chris// > -- > *From:* Tim Anderson > *Sent:* Wednesday, April 15, 2009 3:51 PM > *To:* 'Joyce Allgaier'; Errin Evans; Chris Bendon > *Cc:* 'Beth Mehall'; Jeff Woods > *Subject:* RE: Tennis facility > I think we have an understanding of where we are at now. > move forward under a temporary permit and must come back > and amend the PUD is this is going to continue. > Tim Anderson > City of Aspen > Recreation Director > Office (970) 544-4104 > Fax (970) 544-4137 > *From:* Joyce Allgaier fmailto:msioyciea(~comcast.netl Seems we can 1 i~ > *Sent:* Wednesday, April 15, 2009 1:50 PM > *To:* Tim Anderson; Errin Evans; Chris Bendon > *Cc:* 'Beth Mehall'; Jeff Woods > *Subject:* RE: Tennis facility > Hello Tim, > Wow, we are getting some significant and serious mixed messages. We > were told prior to and right in front of the city council that this > would be a temporary use permit, that we would have to formalize the > TUP into possibly a PUD amendment after 3 years, and that we should > carry on. Mick even said to get this thing moving and keep it straight > forward. Obivously, we need to have a public hearing on the TUP. I > have received several messages from the ComDev staff that TUP is the > correct procedure and we have came a long way since that understanding. > Many of us have invested a great deal of time in preparing for the > work session meeting with city council on the operations/costs, and on > fundraising, awareness raising, TUP application prep, and technical > design work for the structure itself. > Would ComDev or you fill us in? Reading the regulations, I see no > reason why a TUP would not work. > Joyce > -- > *From:* Tim Anderson fmailto:Tim.Anderson~aci.aspen.co.us~ > *Sent:* Wednesday, April 15, 2009 1:13 PM > *To:* Errin Evans; Joyce Allgaier; Chris Bendon > *Cc:* Beth Mehall; Jeff Woods > *Subject:* RE: Tennis facility > My understanding from Chris is that we cannot use a temporary permit > on this structure. I think we need to clarify all this and be sure of > what we are doing. > Tim Anderson > City of Aspen > Recreation Director > Office (970) 544-4104 > Fax (970) 544-4137 > *From:* Errin Evans > *Sent:* Wednesday, April 15, 2009 1:08 PM > *To:* 'Joyce Allgaier'; Chris Bendon > *Cc:* 'Beth Mehall'; Tim Anderson; Jeff Woods > *Subject:* RE: Tennis facility > Joyce: z Errin Evans From: Chris Bendon Sent: Wednesday, April 15, 2009 2:10 PM To: 'Joyce Allgaier'; Tim Anderson; Errin Evans Cc: 'Beth Mehall'; Jeff Woods Subject: RE: Tennis facility Attachments: image001.jpg Here's how I responded to Tim's questions: 1) Is this considered a temporary structure? If so, does a temporary structure and the operations therein have to mitigate for housing? temp use. ntially pay they provided mitigation for their bub discussion of the actual expected e appropriate percentage of that gener g expected employee needs, if any, related to the bubble. From: Joyce Allgaier [mailto:msjoyciea@comcast.net] Sent: Wednesday, April 15, 2009 1:50 PM To: Tim Anderson; Errin Evans; Chris Bendon Cc: 'Beth Mehall'; Jeff Woods Subject: RE: Tennis facility Cheers, Chris Hello Tim, Wow, we are getting some significant and serious mixed messages. We were told prior to and right in front of the city council that this would be a temporary use permit, that we would have to formalize the TUP into possibly a PUD amendment after 3 years, and that we should carry on. Mick even said to get this thing moving and keep it straight forward. Obivously, we need to have a public hearing on the TUP. I have received several messages from the ComDev staff that TUP is the correct procedure and we have come a long way since that understanding. Many of us have invested a great deal of time in preparing for the work session meeting with city council on the operations/costs, and on fundraising, awareness raising, TUP application prep, and technical design work for the structure itself. Would ComDev or you fill us in? Reading the regulations, I see no reason why a TUP would not work. Joyce From: Tim Anderson [mailto:Tim.Anderson@ci.aspen.co.us] Sent: Wednesday, April 15, 2009 1:13 PM To: Errin Evans; Joyce Allgaier; Chris Bendon Cc: Beth Mehall; Jeff Woods Subject: RE: Tennis facility 2) no mitigation review for a mitigation review and pote But an amendment to the approvals would need to go through a for or provide housing. Again, Aspen Club would be the precedent and ble. As an essential public facility (the entire ARC), there would be a mployee needs of the facility and a final decision by Council as to the ation to be miti ated. You would have the opportunity to present your My understanding from Chris is that we cannot use a temporary permit on this structure. I think we need to clarify all this and be sure of what we are doing. r Tim Anderson City of Aspen Recreation Director Office (970) 544-4104 Fax (970)544-4137 From: Errin Evans Sent: Wednesday, April 15, 2009 1:08 PM To: 'Joyce Allgaier'; Chris Bendon Cc: 'Beth Mehall'; Tim Anderson; Jeff Woods Subject: RE: Tennis facility Joyce: I am only available before 1:00 pm. There won't be any mitigation required unless you decide to use the temporary use for more than six months out of each year or for an extended period of time. The temporary use permits are eligible to be renewed for up to ten years. Errin Evans Current Planner Community Development City of Aspen 130 S Galena Street Aspen, Colorado 81611 Phone: 970-429-2745 Fax: 970-920-5439 www.aspenpitkin.com From: Joyce Allgaier [mailto:msjoyciea@comcast.net] Sent: Wednesday, April 15, 2009 1:05 PM To: Chris Bendon Cc: Errin Evans; 'Beth Mehall'; Tim Anderson; Jeff Woods Subject: Tennis facility Hi Chris and Errin, Can I get in to see you this Friday? I will be up in Aspen and would like to talk about the tennis facility and get your perspective on the item of housing mitigation, if any, for our temporary use permit. Normally, this would be something addressed at the hearing but I would like to get your input at this stage. If you can accommodate me around noon or 1 o'clock that would be great. Please respond to all so that Tim and Jeff can be aware. .-, MEMORANDUM TO: Mayor Ireland and Aspen City Council ~.,, FROM: Errin Evans, Current Planner THRU: Chris Bendon, Community Development Director C DATE OF MEMO: January 225`, 2009 MEETING DATE: February 24th, 2009 RE: Work Session -Indoor Tennis Facility at the ARC APPLICANT /OWNER: Tennis Advocates REPRESENTATIVE: Joyce Allgaier LOCATION: Aspen Recreation Center - 861 Mazoon Creek Road; Legal Description -Iselin Pazk Planned Unit Development; Pazcel Identification Number - 2735- 142-00-851 CURRENT ZONING & USE Located in the Pazk (P) zone district with the Iselin Planned Unit Development overlay. PROPOSED LAND USE: The Applicant is requesting to create an indoor tennis facility where the two existing outdoor courts are located. The proposal would create four indoor courts, a lobby and two affordable housing units. _~~ KLI IN I~I%1)It "II NTIti if\TkK One of three options proposed. BACKGROUND: ~- A group of tennis advocates would like to construct an indoor tennis facility on the same pazcel as the Aspen Recreation Center (ARC). This property is owned by the City of Aspen. They have been keeping the Pazks and Recreation Department updated with the plans for their endeavor. There are a few issues that will need to be resolved in order for the applicant to proceed with this project. 1) There is a deed restriction stating that no more buildings aze permitted to be constructed on the Iselin PUD. The deed restriction is between the City and the Castle / Mazoon Creek Caucus. 2) Council will be required to authorize the application because it is located on City property. 3) How will the long term operating costs be covered? The City is currently cutting back services on existing facilities because of budget restraints. The applicant will be responsible for planning the operating costs of the proposed facility. 4) The applicant will be required to research compazable facilities in other communities for financial operating information. Also other facilities in Aspen should be analyzed. 5) The applicant may wish to partner with other users groups such as indoor basketball to gain more support. 6) How will parking be addressed on this site? 7) The PUD will require an amendment. This amendment would consist of a two step process going before the Planning and Zoning Commission and the Council. / (~ ~~ SLy J ~~ ~ ~~ ,. ~ rJ~ ,; ~, ~~~, unxa: rv~;rs mom t t Attachments Exhibit A -Resolution No. 32 of 2001 Exhibit B -Ordinance No. 6 of 2001 Exhibit C -Plat ~~ ,4 RESOLUTION N0. Series of 2001 ~X~1tC~7 ~ A RESOLUTION OF THE CITY OF ASPEN,., COLORADO, APPROVING CERTAIN DECLARATION OF COVENANTS, CONDITlQNS, AND RESTRICTIONS FOR ISELIN PARK, AND AUTHORIZING THE ~ MAIViAGER TO EXECUTE SAID DOCUMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a certain document entitled' Declaration of Covenants, Coruiitions, and restrictions for Iselin park, a copy of which contract is annexed hereto as Exhibit A and made a part thereof. NOW, WHEREFORE, BE IT RESOLVED BY THE-CITY COUNCIL OF THE CITY OF ASPEN, COLORADO; Section One That the City Council of the City of Aspen hereby that certain document entitled Declaration of Covenants, Conditions, and Restrir~~bns for Iselin pazk, a copy of which is ;~, ~, annexed hereto and incorporated herein,. and doffs '~ authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. :Dated: /3 I, Ifathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoiag is a true and accurate copy of that resolution ad ted b the Ci Council of the Ci of A oP Y tY t3' fin, Colorado, at a meeting held ~' , 2001 '-r ~~~~ "~° "~,., ; yn S, ch, City Clerk JPW-03/05/2001-G: \john\word\resos \maroon-creek-cov. doc~~ .•. DECLARATION OF COVENANT , ~O~TTprIrONS, AND RESTRICTION FOR 4 ~ ,I~{ARl': ~ i ~~~rll. THIS DECLARATION OF C~)rVENANTS, CONDTI'IONS, AND RESTRICTIONS FOR THE ISELIN PARK ("Declaration") is made this 2001, by the City of day of Aspen, Colorado, a home rule municipal corporation ("Declarant"). WITNF=C.cETH WHEREAS, Declarant is the owner of certain real property in Pitkin County, Colorado, known as Iselin Park, the legal description of which is appended hereto as Exhibit A ("Property"); and of Aspen and Casue/IylamonlCreek Caucusberel~ating to~pr p s~a~~~ be~'~n the City Pazk area commonly referred to as the Iselin Park Master Plan. improvements to the Iselin NOW THEREFORE, Declazant does hereby declare that the following terms, covenants, restrictions, uses, limitations, and obligations shall be deemed to run with and be a burden on the Property, and any person ~ titity ac4u?'~8 or owning an interest in the ~'operty, and any improvements thereo~,iap~;y~~i,i: grantees successors, heirs, personal representatives, devisees, and assignees. +. .. . iCha :.~ 1. Flood li '~~~ '' ghting shall be prohibited for a period of three (3) years beginning on the date that the Iselin at]iletic fields are completed. After the three year period, if a special event or use is planned for the Property and flood light is requested ~ such request is approved in advance by the City of Aspen, then temporary flood lighting of a non-permattent nature may be. used: No such temporary Hood lighting shall be used beriveen the hours of 20 p.m. and 7 a.m. No such event shall be scheduled to exceed 3 days in duration. The type and location of any such temporary lighting shall be approved in advance by the Ciry of Aspen. 2• There shall be no use of public audio systems or loud speakers on the Property or ~~~n °pe~ oexcept for special events scheduled and approved for the property by the pedal events permit, provided, however, that no approval shall be granted for such use before 7:00 a.m. or after 16:00 p.m.; and, provided further, that any such use shall comply with the City of Aspen noise ordinance unless specifically exempted from the restrictions of the noise ordinance according to law. 3• The Iselin Park Master Plan indicates that an ice rink is to be constructed on the Property The City shall not construct a secoi~~ic'e~tink on the property. Ih the event that the first proposed ice rink is not constructed following full public review as may be~re,. 'try shad have the right m its sole discretion, provisions of its Municipal Code, to construct~`a ~facb'ty or fao litiesl for recreatipp~l ~ ~y ~f, .~,,. that are consistent with pazk uses; provided, however, that any other proposed use or uses shat! have no greater on-site or off-site impacts than the proposed ice rink. 4• There shall not be any additional buildings} or structures constructed, erected or otherwise located on the property, which is not identified in the Iselin Pazk Master plan in effect as of the date hereof. The parties hereto understand that the Iselin Pazk Master Plan contemplates the construction of space for the Aspen Yonth Center and employce unit(s) to accommodate two bedrooms, 5• There shall not be any expansion or consttuction of additional playing or practice field(s) on the Property that is not identified in the~Iselin park Master Plan in effect as of the date hereof. ,,1 i. 6• Food service shall be limited to the azea defined for such use in the Iselin pang pool/Ice Drawings. Any such food service shall be an ancillary service to both the pazk and pool/ice facility. Any such food service operator shall be limited by the lease agreement with the City to prohibit marketing the food service to patrons outside of the pazk and pool/ice facility. The existing food service facility ("The Last Stand*) shall be removed upon or before the opening of the aew facility within the Iselin Pool/Ice facility. 7• The City shall ensure that sponsors of any events at the Property shall be responsible for ensuring that sufficient parking and appropriate transportation options are made available for the number of participants and spectators expected to attend such event. Sponsors of such events shall also be responsible for coordinating multiple events that may be scheduled at the Property at any given time. If a special event permit is required for any particular event at the Property, the City shall ensure that adequate .parking and transportation is provided by the sponsor of the event prior to issuing a special events permit. 8• The City shall take all reasonable efforts to enforce pazking regulations within its jurisdiction and to encourage the County to enforce parking regulations within its jurisdictional limits. *t .-.t 9• Any and alt rules and re ' ~ Sulations, which $ovt! the use of the property shall be posted in conspicuous locations on the Property anti sltafl be written in both English and Spanish in a clear and conspicuous manner. 10. The City of Aspen agrees to keep at Iselin Pazk a minimum of (2) two tennis courts, which shall be maintained in good playing conditions throughout the term of this Declaration including any extensions, renewals or modifications hereto. 11. This Declaration shall be effective for a period of-ten (lOj yeazs beginnir4g on the date that the facility receives a certificate of occupancy, and thereafter shall automatically renew for successive 1 year terms unless modified or terminated after public hearing and by appropriate authority of the City of Aspen having jurisdiction over ttus Declaration. W R'1TNESS WHEREOF, the Declazant has executed this Declaration as of the dare ~ Year first above written, DECLARANT; The City of Aspen: ~`\ Ey: ~/mil ~~ ~ ~'; HU Rach .l E. Richards, Mayor ;.+ ,':f ' Gn °• L07tAAN STATE OF COLORADO ~ COUNTY OF PITKIN ~ ss. The foregoing instrument was acknowledged before me this '~ 3 . by Rachel E. Richards, Mayor of the City of Aspen. -~ day of ~Qr Witness my hand and official seal. `~--' MY commission expires; 4 -~~0 3 '""~' V~ tart' Public k `(Q T'~ ~2W 1.G:ljohn\wotdlagrlmaioofl,~tle.cov.~pO i ,. `~iA, v'^ ~'' ~: ~b~.~,' .. ~ ORDINANCE N0. 6 -_- (SERIES OF 2001) ~jC N~g~T b AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN .APPROVING THE CONSOLIDATED: CONiECEPUTAL & FINAL PLANNED UNIT DEVELOPMENT AND $PECIALLY.1RIrANNED AREA FOR ISELIN PARK 'AND APPROVING ANEXEMPTIO OM THE SCORING AND COMPETITION PROCEDURES ~OF'~~ '~ ~ OWTH MANAGEMENT QUOTA SYSTEM FOR AN ESSENTIAL PUBLIC FACILITY, CITY OF ASPEN, PTTKIN COUNTY,COLORADO. Parcel No. 2735-142-00-851 WHEREAS, the Community Development Department received an application from the City of Aspen, owner and applicant,. prepared by Otak Rock Creek Studio, dated December 4, 2000, and plans dated November 15, 2000, for a Consolidated Conceptual & Final Planned Unit Development (POD) approval fora +/- 80,000 sq. ft. recreational shvcture including swimming pools, ice rink, youth center, accessory sport shop, snack baz/restaurant, and other appurtenant uses; recreational fields and a 120 car pazking lot and; for a Specially Planned Area (SPA) approval for a deed restricted affordable housing unit; and for exemption to the Growth Management Quota System (GMQS) as an essential public facility, for a property located on the west side of Mazoon Creek Road within the City of Aspen; and, ^ WHEREAS, the subject property is approximately 1935 acres in size, and is located in the Pazk Zone District; and, ;:, WHEREAS, the subject property i ~ F " d as "Aspen City Park" on the Future Land Use Map of the 2000 Aspe$ ~ ~;. ~ mmunity Plan, identifying the land as appropriate for community and recreation , , s> d WHEREAS, pursuant to Section 26.440 (SPA), Section 26.445 (POD) and Section 26.470.070 (GMQS) the City Council may approve a Specially Planned Area, Planned Unit Development and Exemption to the Growth Management Quota System during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, pursuant to Section 26.425.040 the Planning and Zoning Commission through Resolution No. 5, Series of 2001 approved of a Conditional Use allowing for a recreation structure, accessory sport shop and snack baz/restaurant during a duly noticed public hearing after considering a recommendation from the Community Development Deputy Director, comments from the general public, and recommendations from relevant referral agencies: and ~~ 48ti43~~07/1Z/2001 02:04P ORDINRNC DRVIS SILVI ' -` I o~f~ 8 R 40.00 D 0.00 N 0.00 PITKIN COUNTY CO ,~,. i Iselin PUD/SPA/GMQS Ord. No.6, 200];,: '~ a' _ _ ,w. ~~ WHEREAS, the Aspen/Pitkin County Housing Authority recommended approval - Eroding that the affordable housing miflgation requirements were met; and WHEREAS, the Community Development Deputy Director recommended approval of the Planned Unit Development, Specially Planned Area for an affordable housing unit in the Park Zone District and for an Exemption to the GMQS as an essential public facility; and, ~~ ~ ~ , WHEREAS, pursuant to Sectko~ z~ 4~~0.Q~70(J), the City Council may approve a GMQS Exemption for Essential Publtc°Facilities after considering a recommendation from the Growth Management Commis` ion at a public hearing. Such GMC hearing was conducted on February 20, 2001, continued to February 27, 2001 with a GMC recommendation to approve the exemption as contained within GMC Resolution No. Ol, Series of 2001; and, WHEREAS,. during a duly noticed public hearing on September 6, 2000, the Aspen/Pitkin County Housing Board and staff recommended approval to Council of the GMQS Exemption for Iselin Park as an essential public facility and affordable housing and recommended employee mitigation for 19.3 FTE's for the project with one on-site unit satisfying 2.25 FTEs with all other mitigation provided through the purchase of units at the Ttvscott PUD and through utilizing credits at the Water Place Housing Project; and, ,~"~ WHEREAS, the Aspen Plannntg and Zoning Commission conducted a duly noticed public hearing on January 2, 2001, on January 30, 2001 and then on February 6, 2001, where the Planning and Zoning Commission opened a public hearing, took testimony and closed the public hearing; and, WHEREAS, the Aspen Planning and Toning Commission found that the development proposal meets or exceeds~sll applicable development standards of the PUD and SPA provisions of the Land Use Code -and that the approval of the development, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan and recommended approval to the City Council through Resolution No. 5, Series of 2001 and forwarded a recommendation through Resolution No. 7, Series of 2001 regarding roof height specifically; and, WHEREAS, the City Council 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 Planning and Zoning Commission and Community Development Deputy Director, the Housing Authority Board, the Growth Management Commission, the applicable referral agencies, and has taken and considered public comment at a public hearing on February 26, 2001; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for f'~~, the promotion of public health, safety, and welfare. - l 111111 IIIII IIIIii 111111 IIIII IIIII Ilill IN IIIII IIII IIII '456438 07/32/2001 02:04P ORDINANC DAMS SILVI 2 of 8 R 40.00 D 0.00 N 0.00 PITKIN COUNTY CO Iselin PUD/SPA/GMQS Ord. No.6, 2001 vc 2 ';-- - --' --- - . __ _------ _-.__-...--.-- ~:~„ ; -. ,~,~ w w~- ;..~'-. .. ~;;. "~ lvow, THEREFQRE, BE IT t~i`nAUVED BY THE CITY coulvCH, ~.. .. OF THE CITY OF ASPEN, COLOI2AD~ ae' follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Iselin Pazk project as put forth in the Iselin Park Consolidated ConcephwllFinal PUD/SPA application dated December 4, 2000, and associated plan set dated November 15, 2000, as amended through the conditions contained herein, is hereby granted approvals for Consolidated Conceptual & Final Planned Unit Development, Specially Planned Area and Exemptions from the Growth Management Quota System as an Essential Public Facility, subject to the conditions of approval listed hereinafter. eetion 2• Conditions of Approval: I. A PUD Agreement skull be recorded within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement; pursuant to Section 2ti.445.070(C). 2. A Final PUD Plan shall be recorded within: Y8,t)' days of the final approval granted by City Council and shall include': ~ "' a. A final plat meeting the requirem¢t#t~ gf~he City Engineer and showing ,~,~ easements, encroachment agreements and licenses with reception numbers for physical improvements and parking spaces within City rights-of--way, and location of utility pedestals. b. The dimensional requirements for the PUD and SPA shall be noted as follows: Minimum Lot Size: 15 acres Minimum Lot Area per dwelling unit: 15 acres Minimum Lot Width: 250 feet Minimum Front Yazd: 30 feet Minimum Side Yazd: 25 feet Minimum Reaz Yard: 500 feet Maximum Height: 60 feet Percent of Open Space: 50 percent External Floor Area Ratio: .0.25:1 e. Internal Floor Area Ratio: '` .Ydt!^ N/A Off Street Pazking: Recreational Us ~ t'~~ 1 space per 1,000 sq. feet ., ~ ;=ta , Off Street Pazking: Residential Uses: ]space per bedroom ;'^~. c. A drawing representing the project's architectural character. v I I"III 1'III "III I'II'I Iil~l "III'I'II III "~" illl I"I 456436 07/12/2001 02:04P ORDINiNtC DRVIS SILVI Fselin PUD/SPA/GMQS Ofd. No.6, 2001. - 3 - 3 of ' 8 R 40.00 D 0.00 N 0.00 PITKIN COUNTY CO ~ A ""'°°~1. ~' d. An illustrative site plan of the project showing the proposed improvements, - landscaping, parking, trails and the dimensional requirements as approved. 3. That the Applicant prepares a pazking mitigation plan for review and approval by the City's Parking Department for the construction period. 4. That the Events/Pazking Coordinator of the Parks and Recreation Department notifies the City Parking Department prior to special events for increased pah'olling of Paz~g• 5. That the Applicant prepares an ewe~r~~ggency access plan for review and approval by the Aspen Fire Marshal prior to the issu'~iL~ o~~a building permit for the facility and. 6. That the Applicant prepares a specaievents seating plan which meets with the approval of the Aspen Fire Marshal'and the Chief Building Official for compliance with escape route and Uniform Building Code occupancy provisions. Such seating plan shall be abided by for all major events and provided to facility operations staff, event organizers and promoters. 7. That the Applicant files a final drainage plan that meets with the approval of the City Engineer prior to the issuance of a building permit. The drainage plan, shall include an erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facllity. A 2-year storm frequency should be used in designing any drainage ~~ improvements. /'\ 8. That the Parks and Recreation Department utilize best construction practices to ,,~,, ensure protection of the existing vegetation and other landscape features on the site. 9. That the Applicant implements a combination of incentives and disincentives to ensure that traffic will not significantly increase, and that traffic will be limited to parking available at the Iselin facility and parking areas noted within;he application. 10. That the Applicant will implement thQ applicable and reasonable parking and transportation management sh'ategit;~qutlmed in the Charlier Report dated February 6, 2001. , ~ ., ,. .. _i 11. That the Applicant submits an audit of employees of the facility to determine whether additional mitigation is necessary. Such audit shall be conducted two years after certificate of occupancy, the cost of which shall be borne by the applicant 12. That a formalized operational agreement regazding event scheduling and pazking lot usage between the Aspen School District, City of Aspen Parks and Recreation Department, Aspen Valley Ski Club and the Aspen Ballet be provided prior to certificate of occupancy. 13. That the lap pool and pool azeas meet the CH5SA regulations for competitive high school swimming meets. , 14. That the housing mitigation calculation, as amended to reflect the project's revised ~` square footage/employee generation and use of Truscott Affordable Housing units i uiiii iiiii riiiu iiiii~ iiiii iiiii tort iii iiiii iiii iiii ' 456436 07/12/2001 02:04P ORDINRNC L1GVI5 SILVI ..., Iselin P1JD/SPA/OM S Ord. No.6 2001 _ q _ 4 of B R 40.00 D 0.00 N 0.00 PITKIN COUNTY CO ~. ~, a.T, P . ._,.F,~ ..~ ~ .. ~,,,,, ~ and Water Place credits, as prepared by the Housing Authority staff, be implemented for employee generation mitigation. 15. That City Staff evaluates; in conjunction with the new bus service provided through the Aspen Highlands Village PUD mitigation requirements, the effectiveness of a dedicated bus for Maroon Creek Road service. 16. That the Applicant provides a final detailed lighting plan for review and approval by the Community Development Director to ensile proper lighting levels and conformance with the technical components of the City's lighting code. 17. That tha City's Transportation Manager reviews and approves the final PUD Plan to evaluate RFTA service to the site and the final site plan details to ensure efficient, safe and convenieatservice. , 18. That some of taro o ~., type p nary Maroon Cre~ic~ Road crossing improvemerrt be provided, such as a raised and/or painted cro$sing walk and/or a temporary pedestrian-activated crossing light.; Suolijcrossing would be necessary if the pedestrian bridge is not constructed at the~time of certificate of occupancy of the Iselin Park facility 19. That the Applicant provides for and schedules an on-site review by Community Development and Parks and Recreation Staff, including the City's landscape architects, to ensure that the Maroon Creek Road berm will serve the function of dissuading "shortcutting" by pedestrians from the school campus to the Iselin facility. The applicants shall.notify the. Community Development Director once the berm is in '~ preliminary form (but prior to landscape installation). 20. The PUD Agreement and the Final PUD Plans shall be recorded with the Pitkin County Clerk and Recorder. 21. The building permit application shall include: a. A copy of the final Ordinance and recorded P&Z Resolution. b. The conditions of approval printed on the covef page of the building permit set. c. A completed tap pemut for service with-the Aspen Consolidated Sanitation District. , ~.l~f, d. A pazking mitigation plan (approved py ~~=Parking Dept.) and construction traffic management plan (apprd~+ed ~y ~tie~ngineering Dept.)for activity during construction time. ~', ~'~°` ' e. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off-site replacement or mitigation of removed trees. 22. The building permit pians shall demonstrate an adequate fire sprinkler system and alarm system forthe recreational building in accordance with Aspen Fire District requirements. ~'^~ 23. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. :.:;; 111111111111111111111111 IIIII (IIII 1111111111111 IIII IIII 458436 07/12/2001 02:04P ORDINRNC DRVIS SILVI Iselin PUD/SPA/GMQS Ord. No.6, 2001 - 5 - 5 of B R 40.00 D 0.00 N 0.00 PITKIN COUNTY CO .•. ,~ie~t ~, `~~ }P ~; ~ 24. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative agreement to delay payment of the Water Tap and/or Pazks Impact fee is finalized, those fees shall be payable according to the agreement. 25..A11 construction vehicles, materials, and debris shall be maintained on-site and not within public rights-of--way unless specifically approved by the Director of Streets of the appropriate jurisdiction. 26. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. 27. The applicant shall not track mud onto City or County streets during construction. A washed rock or other style mud rack must be installed during construction. 28. All uses and construction shall comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. s„~:at,y'- , 29. A fugitive dust control permit will,Yle'`required during construction. ~~,x Y . 30. Slope stabilization, erosion controlx.~cl-sediment control measures need to be implemented before, during, and after construction.' 31. That City. Staff shall work with CORE to enhance the overall energy efficiency of the building, particulazly with regard to the use of solar power. To advance this objective, City Staff shall request REMP funds and evaluate the use of general funds where ~ ~"*, there would be a cost benefit to achieve greater energy efficiency over time. 32. That City Staff conduct a biennial parking review at years 2 (two) and 4 (four) ~._ following the issuance of a Certificate of Occupancy to evaluate the effectiveness of the pazking plan and recommend modification if determined to be necessary. Section 3• Tlris Ordinance acknowledges the representations made by the City of Aspen City Council to the Pitkin County Board of County Commissioners with regard to pazking enforcement, Mazoon Creek Road maintenance; and construction management through the inclusion of the following conditions. 1. Prior to issuance of a building permit the City shall submit a construction management plan to the County Engineer for review. ~~ ~ F ~ ~y 2. Prior to issuance of a building p ""'f,"the City shall agree in writing to the County that the following shall be accogtps'hed: A. The City shall be responsible for all pazking enforcement issues that aze associated with the newly developed Iselin recreation facility as they relate to Maroon Creek Road. !~ 1. The City shall contact MCDC within 60 days from the date of issuance of the building permit in order to determine if use of the 1' ! ..ew- Iselin PIJD/SPrVGMQS Ord. No.6, 2001 - 6 - i I gglll "~II iilll! i'll'! ~II'I'illl'I~'I III iVll"~II I'RI 6 of B R 40.00 D 0.00 N 0.00 PITKIN COUNTY f:0 ~' Tiehack ar ' lot is feasible for ni p long ghttime use or if other alternatives must be explored. B. The City shall either reach an agreement with the County for the cost of maintaining Maroon Creek Road (between the roundabout and the southernmost boundary of the Iselin Park property) or annexing (between the roundabout and the southernmgst boundary of the Iselin Park property) Mazoon Creek Road based upon the following: 1. .The County shall sup~lyj~h.engineering study confirming the integrity bf the road: "Phis study shall be conducted at a mutually agreed upon time between the City and the County engineering departments but in no case shall be later than August 15, 2001. Based upon the results of the study, the City and County shall further negotiate the annexation of the road or maintenance of the road. The County agrees to the resurfacing of Mazoon Creek Road from Iselin to the Maroon Bells between June 1 and June 30, 2001. The City agrees to pay up to one third of the cost of resurfacing Maroon Creek Road between the roundabout and Iselin once a mutually acceptable schedule is determined. '"~, 2. The City shall not be responsible for maintaining or annexing Maroon Creek Road (between the roundabout and the southernmost boundary of the Iselin Pazk property) until such time buildings number 4, 5, 7, and 8 in the Aspen Highlands Village have CO's.: This allows thetirity to realize new revenues that will allow for the assumption t$~`added services. Section 4: ~~~ ','~~ All material representations andcommitments made by the applicant pursuant to the development proposal approvals as herein awarded, in public hearing or documentation presented before the Housing Authority Board, Growth Management Commission, or City Council are hereby incorporated in such plan development approvals and the same shall be wmplied with as if fully set forth herein, unless amended by an authorized entity.. SeMion 5• 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 6: ~""~, If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconsfitutional in a court of competent jurisdiction, such portion ~~~'I~I "III "III' I'll~i (II'I'llll'1"I III "III I!'I I"I Iselin PUD/SPA/GMQS Ord. No.6, 2001 - ~ ^'' ~ :'• of 8 R 40.00 D 0.00 N 0.00 PITKIN COUNTY CO .~, '~, shall be deemed a separate, distinct an~l,iadependent;provision and shall not affect the validity of the remaining portions thereof ~:, , ;~ INTRODUCED, READ A1VD ORDERED PUBLISHED as provided by law, by the City Council ofthe-City of Aspen on this 12a' day of February, 200]. ~~ ;~~4~. ~~ ~' f~ t c `' ,~,~~ , ~~, City Clerk Rack E. Richards, Maya -FIN Y, adopted, passed and approved this 27s' day of February, 2001. Attest: ~` :.' ~- ~1 cep; ~~~~~~ ~~~~~ ~~~~~~ ~~~~~~ ~~~~~ ~~~~~ ~f~~~ ~~~ ~~~~~ ~~~~ ~~~~ Attorney 458438 07/12/2001 02:04P ORDINiMIC DRVIB SILVI 8 of 8 R 40.00 D 0.00 N 0.00 PITKIN COUNTY CO C:home:joyce:IselinCCOrd2nd ~#„'° ~# 'elf.: -~, ~,~ Iselin PLIDISPA/GMQS Ord. No.6, 2001 -g- ,-,. ;+~` . -'~ S' ~x .,.x, PUD AGRE~~IENT BY : - THE CITY OF`ASPEN FOR ISELIN PARK This PUD AGREEMENT is hereby entered into by the City of Aspen for the Iselin Park development as approved by the City Council by Ordinance No. 6, Series of 2001. The City of Aspen hereby agrees to abide by all the terms and conditions of approval as set forth in Ordinance No. 6, Series of 2001, approving the consolidated Conceptual and Final Planned Unit Development and Specially Planned Atea for Iselin Park. In that the. City of Aspen is the owner of the subject property, it hereby agrees to wmply with Section 26.445.070(C) of the Aspen Municipal Code; specifically, the requirements for financial guarantees for landscape and public facility improvements required by Ordinance No. 6, Series of 2001. 1N WTl'NESS WHEREOF, the City of Aspen, by its Mayor, hereto agrees to the foregoing. ~-'~" r~>;; .,:., The City pf~s~pen, Colorado, a municipal corporation ~..uy ~.acia Approved as to Form: John P. orcester City Attorney r,=r -" (!; i~ 1PtN-07/062001-G:ljoho\word~agt,L+eiin-PUD-Agt.doc .. I I"III "III "III' I'll" III'I IIII'll"I III I~IN II'I ill 456435 07/12/2001 82:03P PUD RGRE Di1VI5 SIL.YI I of 1 R 5.00 D 0.00 N 0.00 PITKIN COUNTY CO ,~, .-. PUBLIC INGRESS, EGRESS EASEMENT (City as Grantee) This PUBLIC INGRESS, EGRESS EASEMENT is made and entered into this _~'~ day of ,3uc,-f 2001, by and between Thomas, A: Moore (hereinafter referred to as "Grantor") and the City of Aspen, Color',, a home rule municipality (hereinafter refeaed to as "Grantee"). r.. ~ , ,'G WITNESSETH WHEREAS, Grantor desires to grant to Grantee a certain easement for the purposes and uses set forth below, over and across real property located in the County of Pitkin, State of Colorado, more particulazly described in Esltibit A, attached hereto and made a part hereof by this reference, (hereinafter referred to as the "Easement"); and WHEREAS, Grantee desires to accept said Easement upon the terms and conditions set forth below; NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which aze '"'"~++ hereby acknowledged, Grantor hereby grants and conveys to Grantee, its successors and .«,~ assigns; for the benefit of the general public, an ingress, egress easement over and across the area described in the easement depicted in Exhibit "A" appended hereto and by this reference incorporated herein; subject to the terms :atnditions set forth below. ., r,~~s f ~'-, 6~;; 1. Term. The easement shall remain in effect in perpetuity from the date hereof, unless sooner terminated as provided herein. 2. Purposes and Uses. The easement shall be for public ingress and egress to the Iselin and rotary Pazk property as depicted and described in the location and manner set forth in Exhibit "A" hereto. To this end the grant and conveyance includes the rights and privileges necessary or incident to the reasonable and proper use as described above of the easement in and to, upon, over, under and across the Grantor's property. 3. No Easement for Access. Nothing herein shall be construed to grant an easement across other property of the undersigned in order for individuals to gain access to the trail easement. The City shall provide and maintain reasonable access and trailhead points in order to minimi~r opportunities for entering or leaving the easement. 4. Indemnification. It is the intention of the parties to make the land for which ingress and egress is sought available to the public for recreational purposes without charge, ,^,,,~ I Ililll lilll 111111111111 IIIII IIIII IIIII III IIIII IIILI~I~::,. 456438 07/12/2001 02:07P ERSENENT DAYIS SI4~(l~ ~ ~ ,vj 1 of S R 25.00 D 0.00 N 0.00 PITNIN COUNTY~j~Of, ,',, .~ till' ~: (i. 4'~ c ~ ~:t °"' and to limit the parties' liability to .persons entering thereon for such purposes. In the event that either or both of the parties might otherwise be liable under applicable state statutes, Grantee hereby agrees, to the extent permitted by law, to indemnify and hold Grantor harmless from and against claims or awards for loss, damage or any liability ,including ieasonSble attorney's fees and costs, which may result from Grantee's acts or omissions covering and including, but not by way of ,limitation, installation, excavation, fill, construction, maintenance, repair, replacement, public use or location of .the trail oi• attendant facilities, as subsequently determined by a court of competent jurisdiction. Nothing herein shall constitute a waiver of Grantee's rights as provided in Section 24-10-101, et seg., C.R.S. 5. Easement subject to Prior AP,reements. The rights and privileges granted by this easement arc subject to prior agreements, easements, and conveyances recorded, or unrecorded. Grantor represents that it has no ]rnowledge of any recorded or unrecorded agreements, .easements or conveyances with respect to such property that would preclude Grantee from using the property for a trail as contemplated herein. ~. „ r 6. Reasonable Caze. Grantee agtee`s to use reasonable care in construction of improvements within the azea of the. easement, and agrees to avoid damage to the surrounding land and improvements thereto; and' further agrees to restore such land and improvements to their condition irumediately prior to any construction, improvements or repairs to the trail. I illill "III "II~' I'li'I III'I'I~II II"I III "~I' II'I I"I 438439 07/12/2003 02:07P ERSEMENT DRVIS SILVI 2 of S R 23.08 D 0.00 N 0.00 PITKIN COUNTY CO .. ---- -- *1C"i'. .'~7E ~..-.o~ e'~ .~, ,: :r IN WITNESS WHEREOF, the parties have executed the foregoing on the day and year above first given. GRANTOR: GRANTEE: Title: i c~.sa ~~ Title: C ~~ i`?s.,~~ STATE OF COLORADO ) ~~~~ ~.. SS. ~ ' COUNTY OF PITKIN ) Subscribed and sworn to before me by JftffA'WsA. „~ ~ ~y1~(~t~~ day of , 2001, Witness my hr and official seal. - __./ My commission expires: ~ ~S~ i~G~ ~^ _ ~ KC~EHNE t Address: ~30 S • e-~t,~QiYGt , /~~~ CEJ z. s 7PN-07/102001-G:\johnlwoid\agr\Moorc-access.eue,doc 4i . I I"III I'II) IIIIII I'~I~I III'I "'II IE"I II~ "I'I 'll 450438 07/12/2001 02:07P ERSEMENT DRVIS SILVI 3 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO ,. .~ mvtvureco w/eVoo ~o•emot ITSO-roc (OL6) - 609TB ODt80700 '37YONOS8y0 'All~pyd NNltl 301 M3N ~ ~~ Sd8SI8 ~~ Z09 3HL NOj N01530 D350d0Ud '~ BSNyS'1fl6PIW 'DAf.~ 3H1 N3d 3ily 'N03B3H - `JIa21:I'3HI`JTI,'I SRIdOS NMOHS 'SLN3Y13AOLIdNI 3HL I ~, 310N 00 .UNf100 NI%lId 00'BN 00'00 00'GZ Y 6 do y i ~' IAIIS SIAt10 1Niri3g~ dL0~Z0 S00L/LI/LH 86Y8GY iiiiimiiiiiiiiiiiiiiiniiiiiiiiimiiiiniiiiiiiiiiii ,B , ,IOS ,00'ZB 4yl ~ ,l£.BS SS ,ZS 9'L9 ,00'Dll , £Zlk ;y0 ,L£,L ,SB'4; £y1 £ 3,Z£, ;. '98 4 'S ,; L ftl0 ,6£,L .9SN ,£9'££l Zyl ,S .tS ~. 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OilHfld i~ w~ ,_. :~FP` ...N1.-: ,`~, PEDESTRIAI~T TRt~EASEMENT (City as Ghee) ~•; " This TRAIL EASEMENT is made and entered into this l2 ~?~ day of Juu.4 2001, by and between Thomas A. Moore (hereinafter referred to as "Grantor") and the City of Aspen, Colorado, a home rule municipality (hereinafter referred to as "Grantee"). WITNESSETH WHEREAS, Grantor desires to grant to Grantee a certain easement for the purposes and uses set forth below, over and across real property located in the County of Firkin, State of Colorado, more particularly described in Exhlbit A, attached bereto and made a part hereof by this reference, (hereinafter referred to as the "Easement"); and WHEREAS, Grantee- desires to accept said Easement upon the terms and conditions set forth below; ', NOW, THEREFORE, for and in nstderation of the sum of Ten Dollars ~,. ($10.00) and other good and valuable cotLSiderafi receipt-and sufficiency of which are hereby acknowledged, Grantor hereby grants. ~ `~; conveys. to Grantee, its successors and assigns, for the benefit of the general public; a trail easement over and across the area described in the easement depicted in F,xhibit "A" appended hereto and by this reference incorporated herein; subject to the terms and conditions set forth below. 1. Term. The easement shall remain in effect in perpetuity from the date hereof, unless sooner terminated as provided, herein. 2. Purgoses and Uses. The easement shall be for the installation, construction, opera[ion, use, inspection, repair and maintenance of a trail suitable for bicyclists, pedestrians, cross country skiers, snowshcers, and for other similar recreational purposes, over and across Grantor's property in the location and manner set forth in Exhibit "A" hereto. To this end the grant and conveyance includes the tights and privileges necessary or incident to the reasonable and proper use as described above of the easement in and to, upon, over, under and across the Grantor's property. 3. No Easement for Access. Nothing,. i~erein shall be construed to grant an easement across other property of the undersigaedP ,'order for individuals to gain access to the trail easement. The City shall provide itnd'm8i>tt'reasonable access and trailhead points in order to m;n;m;~e opportunities for'entering o~;leiag the easement. 111111 IIIII 111111 111111 IIIII IIIII IIIII III I~III I{111111 450437 07/12/2001 02:05P ERSENENT DR ,~S SILVI 1 of 5 R 25.00 D 0.00 N 0.08 PITKIN COUNTY CO ,•~ ~`, 4. Indemnification. It is the intention of the parties to make the land available to the public for recreational purposes .without charge, and to limit the parties' liability to persons entering thereon for such purposes. In the event that either or both of the parties might otherwise be liable under applicable state statutes, Grantee hereby agrees, to the extent permitted by law, to indemnify and hold Grantor harmless from and against claims or awards for loss, damage or any liability includip~, rr'e~onable attorney's fees and costs, which may result from Grantee s acts or omissions cov~rmg and. including, but not by way of limitation, installation, excavation, fill, consttuctidn'-..tpaintenance, repair, replacement, public use or location of the trail or attendant facilifies,~ as subsequently determined by a court of competent jurisdiction. Nothing herein shall constitute a waiver of Grantee's rights as provided in Section 24-10-101, etseg., C.R.S. 5. Easement subject to Prior Agreements The rights and privileges granted by this easement are subject to prior agreements, easements, and conveyances recorded, or unrecorded. Grantor represents that it has no knowledge of any recorded or unrecorded agreements, .easements or conveyances with respect to such property which would preclude Grantee from using the property for a trail as contemglated herein. 6. Reasonable Care. Grantee agrees to use reasonable care in construction of improvements within the azea of the' easement, and agrees to avoid damage to the surrounding land and improvements thereto, and further agrees to restore such land and improvements to their condition immediately prior to any construction, improvements or repairs to the trail. I I"I~I "~II "III' IIII'I III'I'I'll'I~'I I~I'llll II'I I") 456437 07/12/2001 02:05P EASEMENT DiiVIS SILyI 2 of 5 R 25.00 D 0.00 N 8.00 PITKIN COtRtTY C0 ''J_ tYCr., , ~',~ . -.+, ,~ IN WITNESS WHEREOF, the parties Have executed the foregoing on the day and year above first given. GRANTOR: Title: \CZ~ST~c c, r STATE OF COLORADO SS. COUNTY OP PITKIN GRANTEE: ,.:,; '~4 Subscribed and sworn to before me by'~mas Q. I~~Ct ~l ~tD11Pw N- ~'"' - ~s (z~+ day of ''~ , 2001. Witness my and official seal. My commission expires: CHERYL KOEHNE , +.~~ S ~", A- !PW-07/10/20I0I1.6:~o6n\woxdlagr\Moo~pedeese.doc ~ ~. .u~/, `~ I I'IIII "MI "IIII I'II" IIII IIII II"I III "I" IIII ("I 456437 07/12/2001 02:05P EiRiEMENT DRVIS SILVI 3 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO CD ~ ~> PEDESTRIANi.EASE1/fiNT EIIIIBIT YAP; MOORE PROPERTY A PlR(~1. OF LAND 914UAT3D IN A P08170N OP 86C170N3 11 AND 14, TO11N9NSP 10 SO1Tf8, R4NC8 86 WEST OF TF6 CPTY OF ABPEN, COUNTY. OF PITKIN, STATS OF COLOR/DO { SHEET 1 OF 2 ~ I /- PED£STR/AN / EASEMENT 1Y MO~REC ?; ~8) unuTr EASEMENT PUBUC EGRESS PGFN L~ BEGY G • `\\ 8 - O /r I ~K k;~~ ~ : P.Y. ~ _ I I I I I I I .fir, Ls/S/N ANO ROTARY PARK 15' URUTY ~ ~ ~ EASEMENT / ~~ s,~/ secnoN 71 ~~ ~~ 1 85 W OF 6th . F N REOAR & CAP, 5' UDL I ISLE (LS. X9018 MENT~ RECORD PROJECT B NCHMARK V. 8D44.11' 0 r CURVE TABLE '~~'!~ LINE TABLE CURVE LENGTH RADIUS TANGENT CHORD BEARING DELTA LINE LENGTH BEARING CP1 1 78' 7 .0 ' 5.06' ,5 ' 360 1' 0 '1 LP1 50.85 '31"W CP2 8 ,0 ' 6 7' 52.03' 8 S 6 7 -2 ' LP2 163.37 g •41' g• CP3 4.45' 1 5 53.51' 1' SS 78' 30' LP3 326.24' CP4 152.23' 028' 80.98' 147.75' 46'22' 1" 55'41'39"W I"III "III "1111 111111 III'I "~II'I'II III I'III "II II'I 45637 07/12/2001 02:05P EASEMENT DpVIS SILVI - ' 4 eF S R 25.00 D 0.00 N 0.00 PITNIN COUNTY CO NOTE: THE IMPROVEMENTS, SHOWN SOPRIS ENGINEERING - LLC HEREON, ARE PER THE CML CONBULTANT3 PROPOSED DESIGN FOR THE 602 11Ait7 91'RESI, 3U11'L' A9 NEW ICE RINK FACILITY. CAR80NOALE, C01pRAD0 81823 (970) 704-0311 xooss.m ae/zc/m o6owArnxu !~ vyr` ~^A ,... PEDE92RL1N EA8'EIIENT. EXBIBFf YAP; MOORE PROPERTY 1 P/Rl9II. OF LdND Sfl'D1YED D] A PORTION OP 8FdR10N9 U AND 14, t01RT8A~ ~10 90UTA, BINGE 86 ZEST OF TBE BLL P.Y CITY OF ABPEN, COUNTY OF P717CII7, BfATE OP COIARADO 9HEP1' 2 OF 2 F, .: ~ ... A PEDESTRIAN EASEMENT SITUATED"O~N.A PORTON OF 1HAT PROPERTY RECORDED AS RECEPTION NO. 388528 OF THE PIMIN COUNTY RECORDS SAID EASEMENT ALSO BEING SITUATED IN A PORTION OF SECTION il, TOWNSHIP 10 SOUTH, RANGE BS WEST ' OF THE SOUTH PRINCIPAL, MERIDIAN AND IS MORE PARTCULARLY DESCRIBED AS FOLLOWS: ' COMMENCING AT THE 5J( CORNER OF SAID SECTION 17, WITH ALL BEARINGS CONTNNED HEREIN BdNG RELATIVE TO A BEARING OF S 7474bZ" E BETWEEN THE 1998 CITY OF ASPEN - GPS CONTROL MONUMENTS AT THE STREET INTERSEC110N5 OF BTH/HOPKINS AND WEST END/HOPKINS; THENCE N 21'01'24' W 246.95, TO THE SWTH- EAST CORNER OF SAID PROPERTY RECORDED AS RECEPTION N0: 388528; .THENCE THE FOLLONINC FOUR (4) COURSES ALONG- THE BOUNDARY OF SAID PROPERTY. 1, N 88'ST31' W 50.85 FEET 2. 129.76 FEET ALONG ANON-TANGENT CURVE TO 1HE RIGHT HAVING A RADIUS OF' 700.00 FEET AND A CENTRAL ANGLE OF 10'3714" (CHORD N 60'21'38' W 129.57 FEET) 7. N 55'41'39' W 183.37 FEET, THE POINT OF BEgNNING 4. N. 55'41'39' W 326.24 FEET THENCE LEANNG SAID BOUNDARY 89.02 FEET ALCNG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 66.57 FEET ANO A CENTRAL ANGLE OF 7482'39` (CHORD S 78'08'39` E 82.90 FEET); 1HENCE 104.45 FEET ALONG THE ARC OF A REVERSE CURVE TO THE LF,f,T HAVING A RADIUS OF 195.00 FEET AND A .CENTRAL ANGLE ~OF 30'41'24" (CHORD S 5476'01' E 103.21 FEET), THENCE~1~. ,,3 FEET ALONG ' THE ARC OF A REVERSE CURVE TO TIlI; AT HAVING A RADIUS OF 180.28 FEET AND A CRJTRAIxj+J1GFP 4882'51" (CHORD S 4525'17 E 147.75 FEE11~~;~ TOrTHE'PA~INT OF BEGINNING, SAID EASEMENTCONTAININC J;771Y++'S4u0ARE FEET, MORE OR LE55. I I'~III'IIII IIIIII IIII" II~'I'I'll'I~II III'~I'I IIII IIII 8 e~S RT29.00~p 0.000N 0E00EMENTINRVIUCG F. ..y SOPRIS. ENGINEERIN L, LLC crvn coi~st~ii,~~~~i~' - aoz YAw BTRESF" Stye' es . - CAR80NDAI.E, OOLO'RADO 01029 (070} 704-0911 Z00S4,p1 u4/ay~91 owPLArorc ~. ~ ..., further agrees to restore at its sole; cost the former condition of usefulness and appearance of the Easement op which may be disturbed or interfered with by the construction, opferation or repair of the pipeline and its attendant facilities. .}« '~t Grantee shall not place, keep, store or otherwise permit atry equipment or materials on the Easement Premises. except during such times as Grantee's employees or agents are physically presem and conducting activities permitted under this Easement. 4. It is expressly understood and agreed that the grant of easement as herein provided and Grantee's use of the Easement Premises shall at all times be subordinate to the Grantor's use of the Property and should any relocation or removal of the pipeline or its attendant facilities be necessitated in Grantor's discretion at any time in the future as a result of Grantor's use of the Property, then such removal or relocation shall be solely at Grantee's expense and shall be done as neazly as practicable in accordance with Grantor's request. In such event, Grantor will provide additional easemems over and/or under the Property to Grantee where practicable. 5. This Easement is not intended and shall not be construed to grant an easement or access across, over or and q ;ty or premises other than the Easement Premises as described and ~~ hein. G>~y"d.i 6. This Easement shall continue only so long as Grantee shall use the Easement Premises for the purposes described and it shall immediately lapse and terminate upon cessation or alteration of such use. Additionally, the rights granted hereunder to Grantee shall lapse should the pipeline not be constructed and installed within 36 months from the date of this agreement. 7. The Easement granted hereunder shall be perpetual except that it shall automatically terminate should Grantee or any of its successors or assigns violate the terms and conditions contained herein. 8. All rights, benefits and privileges granted, created or reserved herein, and all impositions and obligations imposed hereunder, shall inure to the benefit of and be binding upon the parties, their successors and assign. 9. Any right to the Property or Easement Premises not specifically granted to Grantee herein are reserved to the Grantor, its. successors or assigns. 46039 07/32/2001 02:08P t31iSENENT D I,S SILVI'~ 2 eF 6 R 26.00 D 0.00 N 0_00 PITK;^(.,000_NTY CO __ ~: ~~, ^M{i}! te.:... a.r ~' ~T~ ~ ~~ IN WITNESS WHEREOF, the Grantitu4s`affixed its duly authorized signature this day of ' , 2001. GRANTOR: sy:~~ p:.r~..~.- Title:. '~~~-c.~sTErc State of Colorado ) ss. County of Firkin The foregoing instrument was 9ck ~G..I~r , 200I~ b~ before me this My commission expires: day of Notary P~fblic din g. ~(~u~a h, C'Q Address rew-mnonom-c:~~~~~m~~oon-~w~~.a~ 1111111 IIIII 111111111111 IIIII IIIII Illll III IIIII IIII 458439 07/12/2001 02.09P EpsENENT DRV,IS~xI,~ . 3 of 5 R 25.00 D 0.00 N 0.00 PITKIN COU, ~,1~~~' ~._..._.._ ~_.. ----------- __ .. _- ' _--~T_.~~' GRANTEE: Title: G_T ®`'-a....y/r s,_ r Eck' r i7TII,ITY EASEMEI`1T (City ~ Grantee) and entered- into tins -1Z-T'~ UTILITY EASEMENa T~ ~~ n ,~o~ A• Moore (hereu~~r THI5 GRANT OF A ' 2001, by ci al corporation day of ~ ~ the City of Aspen, Colorado, a muni P referred to as "Grant r"), ,:p~,~; "GldntCe"), (hereinafter referred to as ~~ f r~;. wl~aL"i,E3SETH: r is the owner of certain real property (~ "Property^) situated in ~ER~S, tJranto Colorado, as more fully deseribed in Exhibit "A" appended the City of Aspen, Pitlcirt County, hereto and by thts reference incorporated herein. -~., And, onion of the Property for AREAS, Grantee desires to obtain an easement under a P ether with the riP,ht se of installing and mauttauung water' gas' and telephone lines tog the putpo of access to the same. a ent of the sum of Ten ~ FORE, for and in constderation of the P a ffiowledged by Grantor, NOW, TfiERE c of which is hereby or warranties of any kind, "~ Dollars ($10.00), the recetpt and adequa Y witb"out covenants ifically ant and convey to Grantee the rights herein spec' Grantor does hereby gr ~ conditions hereinafter set forth and and subject to the terms the right, Privilege and easement to construct, install, retained and reserved by Grantor, „y,u~ty lines, ptpes and smular accessories along 4~ as described and depicted on operate, repair, remove and x ~ . ' ~ Grantor does maintain, fecf+:+on the Property and across the Easement Premisesrated"Herein by reference. Flttther, ~ Easement Exhibit "A" attached hereto and ~ over, under, across and along rivileges and ~ to access said Prol~rtY the rights, p grant to Grantee t ~ ably be r~uu~ for the purpose of exercising Premises as may easement herein granted. and The foregoing grant of easement and access shall be subject to the following terms, conditions: btt "A". 1 The Easement Premises shall not exceed the area described in Exhi • all associated facilities shall be constructed, installed, Grantee's utilities and worlananlike manner and in such a 2' ~~ned and operated in a safe and or trees, inatiner as to avoid damage to or destruction oAnyandatnage ~ ~ Grantor's shrubs and other vegetatton on the ProPem'• b Grantee's property or to the surface, trees, shrubs or other vegetation caused t facilities, installation, maintena°ce° repair ox removal the pipeline or attendan aired or replaced by Grantee to the satisfaction of Grantor• Grantee ..! shall be rep IIIIIIIII111111IIIIIIVIIIVIIIVIIINI4I~ ~111~11111 III. 07/12/2001 0 0~ 0.00 PITKI~TY C0 _ e e R 25.00 ~ ~ • ~ _.._ ....,_-; _.. __---- - , .-. ~~ ~ ~ k~ ~,,~~r' , Pie. T171LITY EASEIQ'.RTT L,,,/~sPP YAP: t MOORE PROPERTY A PARCEL OF L1HD 9TTOAlED 1N 1 PORTION 0- ~L7TDN9 it AHD 14, 1DRN9HII' 10 BOUTH, RANGY 83 1BSI OP 193E 8th P.Y CITY OF ASPEN, COUNTY OF~~T 1 FA$ OP COLORADO ~G9 PEDESTRIAN EASEMENT M~ C ~ BTM f I I i. I I I 1 r ~ I I m e '\ 8 ~ ,1 h ISEGIN ANO ROTARY PARK 25' UPLITY _ - EASEMENT - - - - Q ,~P,N~ FWND REBAR & CAP, ILLEGIBLE (LS. x'2018 RECORD) PROJECT NTj BENCHMARK EL V. s 8044.11 CURVE TABLE CURVE LENGTH RADIUS TANGENT CHORD BEARING DELTA CU1 52.02 7 .0" .OP N83'32'3 "W 0 7 NOTE VIII THE IMPROVEMENTS, SHOWN ovrni"a. ru..au.uruua.v - u. HEREON, ARE PER THE CP7lI, CONBULTARTB PRIX'OSED DESIGN FOR THE 602 YARi Sl'REEP, SUITE A9 NEW ICE RINK FACILITY. CARHONHALY, COLORADO 81823 (270) 704-0911 wro4.m oe/r/m wovurowo s n e YAP; d PdRC®. OP LAND BITUAIBD IN d PORTION OR 8ECI70N9 if AND 14, T01O78Ee 10 90UTH, RANGE 86 WEST OF TElE 0th P.Y. CITY OP ASPEN, COUNTY OF PTRCN, S1'A1'E OF COIARADO 9HBEf 2 OR 2 IITi ITYI~FA ~MENT A UTILITY EASEMENT SI7IlATED ON A PORTON OF THAT PROPERTY RECORDED A6 RECEPTION NO. 388528 CF THE PITKIN COUNTY RECORDS. SAID EASEMENT ALSO BEING SINATED IN A PORTION OF SECTION 11, TOWNSHIP 10 Sg1TH, RANGE 85 WEST OF THE SOUTH PRINgPAL MERIDIAN ANO 19 MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SJ( CORNER OF SAID SECTION 11, WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE TO A BEARING OF 5 74'14'02" E BETWEEN. THE 1998 qTY OF ASPEN - GPS CONTROL MONUMENTS AT THE STREET INTERSECTIONS OF BTH/110PKINS AND WEST ENO RkIN~'. TNENCE N 21'01'24" W 248.95, THE POINT OF BEGIN 5, POINT ALSO BEING THE SOUTH EAST CORNER OF Sph~I~~~TY RECORDED AS RECEPTION N0, 388528:' TH#31 4THE FOLUOWING YWO (2j COURSES ALONG THE BOUND'ARY.oF Salo PRnPFRty. 1. N88'5T31" W 50.85•FEET 2. 52.02 FEET ALONG ANON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 700.00 FEET AND A CENTRAL ANGLE OF 04'15'29' (CHORD N 83'32'30" W 52.01 FEET) THENCE LEAVING SAID BOUNDARY N 40'23'73" E 30.21 FEET; THENCE N 49'36'47" W 166.59 FEET; THENCE 5 38'35'53" W 51.48 FEET TO A POINT ON THE BOUNDARY OF SAID PROPERTY; THENCE N 55'41'39" W ALONG SAID BOUNDARY 25.07 FEET; THENCE LEAVING SAID BOUNDARY N 38'35'53" E 54.14 FEET; THENCE'N 499fi'4T W 45.68 FEET; THENCE N 4023'13" E 45.98 FEET; THENCE S 50'28'4$" E 28.33 FEET; THENCE S 39'33'15" W 18.39 FEET; THENCE S 49'38'47" E 15.18 FEET; THENCE N 38'35'53" E 32.04 FEET; THENCE S 49'38'47" E 25.01 FEET; THENCE 538'35'53" W 32.04 FEET; THENCE S 49'36'47" E 200.99 FEET; THENCE N 4023'13" E 14.94 FEET; THENCE § 49'38'47" E 20.00 FEET, 1HENCE S 4023'13" W 14.94 FEET; THENCE S 49'JB'47" E 2fi.08 FEET TO A POINT ITN THE WESTERLY RIGHT-OF-WAY LINE OF MAROON CREIX ROAD; ,THENCE S 0755'38' W ALONG SAID WESTERLY RIGHT-OF-WAY 19.73 FEET TO 1HE POINT OF BEGINNING, SAID- EASEMENT CONTAINING 13,981 SQUARE FEET, MORE OR LESS. l I'llll 1'lll 1'IIII I'll" III'I'll'I'llll Ill' I'I ~~ IIII 459439 07/12/2091 02:09P ERSE11EA1T p~ S . lVI , 5 of S R 25,00 D 0.00 N 0,00 PITK1Af 4~ CO e Jk __._ ^AAA SOPRIS ENGINEERING. -. 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V p M r~ ,_i_ _. .. .__ __.. ._ Z [f. ~~ 'V °o a ~~ <s z < ~- ~. ~ ~ ,. t~] F bz d C7z .- z' ~, '' 7 ~o >~ ~ H ~~ ~% ~ o° CrJ ~o d~ r o o ~ .ti y '~ z CrJ n Z m "3 s. ra ti .j 0 -~ 5 rh m ro s ~.. _o. _.__ -~..,~ ~__ _--- ®®®®®®®®®®®00000 000000 c3 ~~i~~~l°611°il~lo~E~jllEl~~ ~~I 18~~9 ~E~~~i~;'al~ ~~m a i~~ I, y ISO Z 4 I j -~~__m ^~ =f 3 s' j ~__~ b ~ I •_~ I I j' I ~_ _ `~I _I~ - ~~ ;~_ =I_ ~~-~ I' _ ~_~ ~ I I - -~- ~~ I~a~ °~ ~ t~~~~.~~i~g~~~~ ~ ~~ ISELIN POOL/F~ ~nd~~ s~~.ea~~ I e.'I' ~ ~ ~ Ix$~~'~~~~ U; ICE CENTER -d~ ! ~ 7i ------m -------o . _,D ~ _ ~ ~ i }~ -~ ---emu ~ -. - ~ ~ , i ~ 1 i ~ t i~: ' Z - -m ~ - -® _-_~ _ ~ -~3 .-0 i - .t -O _ _ _~ - --0 ,b " ' i 9_ i i I I~p I~I -1---~ o ~, r °~ = ~: ~~ ~ 3~ ~ ~~~=6 ISELIN PARK RECREATION ~F'Iir~ k r~ r ~ ~.r e ~ CENTER ~ ~~ g ~ ~~ ~ g e; ``~ 4 ,; '. ~ _ Aspen, Colorado ~~+n ~ ~ rr . i Iselin Indoor Tennis Center -Conceptual Program/Approximate Floor Areas • Indoor Tennis Courts - 125' x 230' = 28, 750 sq. ft. Long-span steel structure with metal clad insulated wall & roof panels similar to the Aspen Recreation Center. Four courts with hardcourt surface, nets and curtains. Artificial lighting and translucent skylights for daylighting. • Tennis Lobby - 35' x 60' = 2100 sq.ft. Air-lock entry, Lobby, Check-in Desk, Office, Men's & Women's restrooms (two toilets and sinks per room), Observation areas, Mechanical Room • Parks Department Equipment Garage - 32' x 25' = 800 sq. ft. +/- Structure to replace existing, with additional floor area. Per Parks Department recommendations. • Affordable Housing Units - 750 sq. ft. x 2 = 1500 sq. ft. +/- One or two apartments per Aspen/Pitkin Housing Department Office. Approximate total building area - 33,400 sq. ft. Recommended tennis building heights -per United States Tennis Association • Above net - 35' clear, approximately 38' outside • Backcourt- 18' clear, approximately 20' outside '". ,s, ~. ,~ D. Duration of Proposed Temporary Use Duration: Approximately May 25" -November 15" Previous Approvals: none requested E. Purposes and Intent of Zone District Zone district is RR - ResidentiaURecreational -The zoning is speafic to a recreation dub F. Impact on General Public Health, Safety or Welfare The proposed temporary use witl enhance the experience of our ntambers by rrrinimizing the impad of fhe tbnstruction, and vAU also allovv tt>ern to exercise m a less constrided, more controlled ernironment, while enjoying the outdoors. The proposed temporary use will not impact non-members of the dub. ,.. ,~• ,,,,.~, a ,.Q .t .,t~,~, ~__. '1. '1'1 t7 ~ 1 4 -'- -F . ' 4 1 r t ~ __ f J I. .a....I_---~ ~_,-r-. i ~ I I I .~..~.. ..F ., .L.i..' L.t..,. ~, ~.... L. ' ( 1 -...r_1 -i.. ... ~.., .° 1 ...I _~..'j....~i .,. i ~_. 1 T I'' ...1..:1._I .~~t_ I I , -I .. a. I ,......{...., .~..1 ~. ._L y......i .I-_~..._.._ 1 I I. 'I i'7`r.. 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