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Home My WebLink AboutLand Use Case.Burlingame Seasonal Housing Project.A094-98 ti i ..',y + , - r y ,:s":::,'..7,-.-...;..1.....,.;''...7; t,' , •--, , - :• 4 • as ,•. - 4 b:' c , •. ✓ l 0 •- ' i- i' i �r% { / -„� },,J • �� U J � ( _+J e • y ' ./y •2 k _ M1. _ a u, r .. '. •• •• �"• - 1. v - F t> ,"_- _ -�.. -• • , i . r - S •� j �k -,2'-:. 1:. 3 r '�F -• 'r 4 t q a iL A i� ' ' �� i r 7r i j' ;s - .ter t i.r. - - . � ,l - , n , , r - It1 1. t �` � ��. � j •r r , Z . t : . y r i �.t v t S }x r 'l. t � • L' • ,1 �Z� S t _ F :-.'"c''''.,......''.- : 1 1,r. - _ R, F • ti , 7- r _ � r r } i j r _ — 'i ,. t ' t � , •'1 :r Conceptual PUD Application Burlingame Seasonal Housing I Submitted to: The City of Aspen and the Aspen Community Development Department ' 130 S. Galena Street Aspen, CO 81611 Phone:970/920-5090 FAX: 970/920-5439 ' Applicant: Music Associates of Aspen (cvt,i Robert Harth, President 2 Music School Road Aspen, CO 81611 ' Phone: 970/925-3254 FAX: 970/925-3802 Property Owner: 11 City of Aspen City Manager's Office 130 S. Galena Street ' Aspen, CO 81611 Phone: 970/920-5212 FAX: 970/920-5119 Date: October 29, 1998 I 000367 I I Consultant Team Jim Curtis 1 Curtis and Associates 300 E. Hyman Avenue Aspen, CO 81611 1 Phone: 970/920-1395 FAX: 970/925-5046 1 Michael Hassig, Project Architect Harry Teague Architects 412 N. Mill Street Aspen, CO 81611 Phone: 970/925-2556 FAX: 970/925- Tom Baker Baker and Associates 52 Riversedge Ct Basalt, CO 81621 Phone: 970/927-1943 Dean Derosier, Project Engineer McLaughlin Water Engineers, Ltd. 210 AABC Aspen, CO 81611 Phone: 970/925-1920 FAX: 970/925-1974 Steve Pouliot, Traffic Engineer MK Centennial Traffic Engineers 15000 W. 64th Avenue Arvada, CO 80001 Phone: 303/420-0221 FAX: 303/420-2308 1 I 000:16S 1 i Table of Contents Introduction and Background 1 ' Project Design 2 Project Transit, Traffic and Parking 5 Project Berming and Noise Impact 8 Requests of City Council 10 Review Standards: Development Application for PUD 12 ' Review Standards: Development Application for Subdivision 20 Residential Design Standards 24 Conditional Use for Dormitory Units 0 Special Review 27 rM GII(MA j 90, GMQS Exemption for Affordable Housing and Commons Bldg.... 29 I c� a0 1 Exhibits 1. Land Use Application Form 2. Dimensional Requirements Form ' 3. Parking Management Plan 4. Traffic Impact Report - Submitted Under Separate Cover r 5. Utilities and Drainage Report ' 6. Consent Letter from City 7. Disclosure of Ownership and Legal Description ' 8. Adjacent Property Owners 9. Pre-Application Form 10.Fee Agreement ' 11.Drawings Package: • Context and Zoning Map • Neighborhood Plan • Illustrative Site Plan and Landscape Plan ' • Technical Site Plan • Site Sections • Typical Unit Plan • Burlingame-Marolt Unit Comparison • Typical Building Plan I • Typical Building Elevations • Typical Building Section • Commons Building Plan • Commons Building Elevations • Conceptual Utilities Plan ' • Conceptual Drainage Plan • Certified Topographic Survey oC0 ?v ' 1 Introduction and Background I The Music Associates of Aspen (MAA) are requesting Conceptual PUD for a 202 bed Iseasonal dormitory project proposed for an approximately 3.75 acre parcel known as Parcel B,Burlingame Ranch. Parcel B is located adjacent to SH 82 just north of the Maroon t Creek Club employee housing, as shown in the Context Map in Exhibit 11, Drawings IPackage. The project is proposed as a public-private-non-profit partnership among the City of Aspen,Music Associates of Aspen (MAA), Roaring Fork Transit Agency (RFTA), and Ithe Aspen Skiing Company (ASC). The beds will be used by the MAA music students in 1 the summer and a mix of winter seasonal employees including general resort employees, RFTA employees and ASC employees. Hopefully, this cooperative effort will encourage Imore private employers to step forward and help solve their own employee housing problem. All parties feel this is truly a"win-win" situation where the general community is Ithe biggest winner. The Burlingame Ranch property (215 acres approximately) was acquired quired by the City of IAspen in January, 1997. The MAA first approached City Council in December, 1996, about the possibility of a seasonal housing project on Burlingame, and felt a"win-win" Isituation could be achieved where the private sector could develop seasonal housing at no Icost to the public. The MAA has taken the lead on this project because it critically needs replacement beds for the approximately 178 music students resentl being housed in the P Y g IGrand Aspen Hotel which will eventually be demolished. The replacement beds are critical for the MAA to maintain its current level of students and programs, and do not represent Iany expansion of MAA students or programs. Over the past 22 months, the MAA and its wintertime partner, the Aspen Skiing Company, I - have discussed many cooperative possibilities with City Council to develop seasonal @CO`71 I Al housing in a public-private-non-profit artnershi ._ The outcome of these discussions have partnership„ resulted in the application before you today, and in a level of cooperation which is "unique 1 and refreshing"for the Aspen community. 1 It is hoped the project can be under construction in the spring of 1999 and be ready for occupancy by the winter season of 1999 or no later than the MAA summer season, June 1, - 2000. To achieve this aggressive schedule, the MAA requests an expedited land use and ' building permit review schedule, which is consistent with the City Council's policy to expedite 100 percent affordable housing projects.•The-MAA-looks forward to working ' with City Council and City staff to expedite this exciting project and provide 202 beds of critically needed affordable housing for the community, in a timely fashion. Project Design The project has tried to learn from and improve upon the Marolt Ranch dormitory ' experience. Marolt Ranch was opened in the winter of 1989 and consists of 100 units with 300 beds. Marolt Ranch offers 10 years of experience to draw upon in designing and operating a seasonal dormitory project which the Burlingame Design Team has tried to I learn from in speaking with the property managers of Marolt, inspecting the wear and tear at Marolt, and interviewing users of Marolt. Marolt Ranch is a great project and hopefully ' Burlingame can be even better. 6\4N\ Cr 2 I IKey characteristics of the Burlingame and Marolt projects are compared below: 6- ICharacteristics Burlingame anch Marolt Ranch I Coq- x 3 Number of Units I X Id ;68 100 I Number of Beds 202 300 I IAvg. People per Unit 3 summer 3 summer I3 winter 2-3 winter IAverage Unit Size 750 sq ft 504 sq ft Parking 80 cars 49 cars I Food Service kitchens cafeteria ILaundry yes yes I The Burlingame Design Team has made key improvements to the project over Marolt IRanch as outlined below. A Burlingame-Marolt Ranch Unit Comparison drawing is given Iin Exhibit 11, Drawings Package, for comparison. (C,6 X 5 1 -?- 2 2 c��sA7� X J 3 �� i 1 1. The Burlingame units are designed to accommodate 3 people per unit with each person having a-small individual private bedroom with closet and desk space. ' The Marolt units have shared bedrooms with limited closet and desk space. 2. The Burlingame units have a small kitchen and living room area. The Marolt units do not have individual kitchens, but rather'a common cafeteria which is I only operated in the summer by the MAA." 3. The Burlingame units are significantly[arger at 750 sq(ft/unit vs. Marolt units I at 504 sq. ft/unit. 4. Burlingame provides more on-site parking at-80 cars based on 1 space per unit ° and 11 visitor/guest parking'spaces Marolt Ranch has 49 on-site parking ' spaces at approximately 0.5 cars per unit and no visitor/guest parking. The parking and parking management plan for the project will be described in detail , later in the application. 5. Given Burlingame's out-of-town location, the Design Team has made every effort to make the project transit friendly and discourage auto use. The transit and traffic management plan for the project will be described in detail later in the application. 1 6. Burlingame is designed on a tight"Campus Quad"configuration with the units facing into an open "quad". Parking and emergency access are located on the perimeter of the project. ' 7. Burlingame provides a"Commons"building with a small lounge area, laundry room, music practice/storage rooms and a property manager's office. I 8. Burlingame provides a 1-bedroom apartment for a year-round property manager. I 4 ' I Project Transit. Traffic and Parking 4 1 :;Transit:; The project is located out-of-town so every effort has been made to make the project transit friendly and discourage auto use. This is possible due to the project's Ilocation adjacent to the proposed Buttermilk transit center,the trail connections servicing the project, the parking management plan proposed for the project and the ability to I` manage/select the residents for the project. As shown on the Neighborhood Plan in P J g Exhibit 1 11, Drawings Package, the project is within an easy 5 - 10 minute walk to the proposed Buttermilk transit center. The project is directly adjacent to a future pedestrian underpass Iunder Highway 82 proposed for the "Old Stage Road" area. The pedestrian underpass was approved as part of the Maroon Creek Club (MCC) Subdivision, and is a financial Iobligation of MCC as stipulated in its Subdivision Improvements Agreement. MCC's P g Iobligation to construct the underpass is at the time the 4-laning of Highway 82 is undertaken for that portion of the highway. Additionally, a pedestrian cross-walk is Iproposed for the future signalized intersection at Buttermilk as shown on the Neighborhood Plan. The signalized intersection was approved as part of the Basalt to Buttermilk EIS and Iconstruction of the intersection by CDOT could occur within 1 - 2 years. Both the Ipedestrian underpass and the signalized cross-walk will allow direct and convenient access to the proposed Buttermilk transit center. For this reason, bus service for the project will Iinclude an interim plan and a long-term plan. The interim plan will be undertaken until such time as the pedestrian underpass and signalized cross-walk are constructed as part of Ithe 4-laning of SH 82 to Buttermilk. The interim plan is likely to be an internal shuttle bus 1 in the summer connecting the MAA's Burlingame,Marolt Ranch and Castle Creek facilities. Iri the winter, an internal shuttle bus is probably not necessary because the winter R ,, 1 [r season employees can safely cross SH 82 to the Buttermilk transit center. Once the pedestrian underpass and signalized cross-walk are constructed, it is likely no internal ,;- - 1 shuttle bus will be necessary and all bus service can be provided using and/or I - supplementing RFTA buses using SH 82 and the Buttermilk transit center. The MAA, 1)e 0:2,7 5 LI 5 ASC and RFTA will continue to these plans to provide convenient, safe and efficient bus service for the project both in the winter and summer. , Traffic. A Traffic Impact Report for the project has been prepared by MK Centennial, ' traffic engineers, and has been submitted to the Planning Office under separate cover. As stated in the report, at this time,the only physical and legal access to the parcel is by Stage Court and Stage Road as shown on the Neighborhood Plan. As stated in the report, the I project is estimated to generate limited traffic due to its seasonal characteristics,convenient location adjacent to the proposed Buttermilk transit center and its restrictive parking plan. ' Moreover, the seasonality of the project traffic fits nicely with the MCC traffic on Stage Road. In the summer,the MAA students will generate limited traffic on Stage Road which is when the MCC traffic is the highest. The report estimates the summer increase in traffic , on Stage Road, at its peak time, will be a minimal 10%. In the winter, the winter employees are estimated to generate more traffic but this is when MCC traffic on Stage Road is the lightest. The report estimates the overall traffic on Stage Road in the winter will be approximately 40% lesssthan the overall traffic on the road in the summer at its peak time. The report estimates at no time, summer or winter, will the "level-of-service" I rating for Stage Road and the Stage Road underpass be downgraded by the project's traffic As demonstrated by the report, the seasonality of the project's traffic fits nicely , with the MCC traffic on Stage Road, and the project is estimated to generate limited traffic due to its seasonal characteristics, location adjacent to the proposed Buttermilk transit center, and its restrictive parking plan. I As expressed throughout this application, the MAA and the project desire to be good , neighbors to the MCC and the adjacent MCC affordable housing. To this end, the MAA and MCC have discussed many points of shared interest. The MAA understands broader transportation and transit planning is being done by the City of Aspen for the Burlingame - ee:276 - 6 area. Future transportation and transit plans may include limiting the use of Stage Road, ' constructing an alternative access road tying directly into the Buttermilk intersection or other area-wide plans. The MAA agrees that the project will utilize the transportation and transit plans adopted for the broader Burlingame area and specifically the project will utilize the same transportation and transit solutions applied to the MCC affordable housing project. The MAA agrees these two projects are basically "two peas in the same pod," and they should be treated equally as to transportation and transit plans. ' Parking. To encourage transit use and minimize traffic impact, parking for the project will be restricted. However, learning from the Marolt Ranch experience, the project will provide adequate on-site parking for the needs of the project, but the project will be ' managed and occupants selected to discourage auto use. - 5t,i 14- 41IQ. ON- cr') u ' The project will provide the following on-site parking: ' 69 "gated" spaces @ 1 sp/unit for 68 units @ 1 sp. for prop. mgmt. unit 11 visitor/guest spaces 80 spaces total 5 spaces optional: parking or snow stacking as decided by prop. mgmt. The one per space"gated" s unit is g p p based on discussion with the Marolt Ranch property manager. Marolt Ranch has 100 units (300 beds) and 49 parking spaces for a ratio of approximately 0.5 space/unit. Parking at Marolt Ranch is generally felt to be a problem in ' the winter and adequate in the summer. The property manager at Marolt Ranch generally felt a"good parking plan" for Marolt Ranch would be 1 space/unit and 6 visitors, guests, ' and cafeteria staff spaces for a total of 106 spaces. This would allow each Marolt unit to be - allocated 1 space/unit and all units would be treated equally. The Marolt property manager t felt this parking plan would be "adequate and fair" in the winter and probably provide 111 excess parking in the summer for Marolt. ' Based on the experience at Marolt Ranch, the Burlingame plan has been designed with 1 1 "gated" space per unit and 11 visitor/guest spaces and an aggressive Parking Management I Plan, outlined in Exhibit 3. Moreover,Burlingame will be better able to enforce its Parking Management Plan because in the winter,48 of the 68 units will be occupied by ASC and I RFTA employees. Again, based on the 10 years of experience at Marolt Ranch, it is our belief that with the 1 parking space per unit and the management controls outlined in , Exhibit 3, the parking and transit plans for the project will be successful. i Project.Berming and=Noise Impact The major drawback of the Burlingame site is the noise impact of SH 82 and the airport. ' Practically, berming the site, lowering building heights, increasing the sound proofing and orienting the buildings internally are the most effective ways to reduce the noise impacts. Therefore, the Design Team has consciously tried to design the project as a"natural land ' form" on the SH 82 landscape rather that as an "architectural" statement. The Design Team has designed the project to accomplish the following: 1. Reduce the noise impact on the project to increase its livability. 2. Design the project as a"natural land form" on the SH 82 landscape. 3. Mimic the natural land form, (i.e., natural berming) of the site as it exists today. ' 4. Limit the visibility of the project from SH 82. 5. Have the project blend with the adjoining MCC affordable housing and ' berming, while being less "noticeable"than the MCC housing. 1 8 ' The natural land form of the site today is a small raised platform extending from the base of ' Deer Hill. The project will mimic this existing natural land form. As shown on the Site Sections,Exhibit 11, Drawings Package, the site will be excavated 8 - 10 feet and this ' material will be used to berm the project. This berming will be quite different from the Iadjoining MCC employee housing berming in that it will mimic the natural contours of the existing parcel. The berm will wrap around the project and flow back into Deer Hill like the natural topography of the site today. The berm will be of varying heights and slope gradients to give it a more natural look. Landscaping of the berm will be as natural as possible understanding it is nearly impossible to re-establish a sage landscape. Groupings of native trees and shrubs will be planted to create interest and to visually tie the berm into Deer Hill. The height, shaping and landscaping of the berm will be reviewed during the public hearings on the project. The buildings are nestled behind the berm and have been designed to be low buildings of ' approximately 23 feet high to top-of-roof as shown on the Site Sections in Exhibit 11. Again, different from the MCC housing, the buildings will have very simple roof lines and virtually no-to-limited visibility from SH 82. As noted, the site will be excavated 8 - 10 feet to provide material to build the berm and lower the heights of the buildings. Sheltering ' the buildings behind the berm is the biggest single measure to reduce the noise impact on ' the project. Noise waves are similar to "sight lines" in that if you can see the noise you can hear the noise, and if you cannot see the "noise" you will not hear it as much. Again, the Design Team has tried to design the project as a"natural land form" on the SH ' 82 landscape. The Design Team has tried to blend and understate the project as part of the overall highway experience and mimic the natural shape of the parcel as it exists today. The Design Team feels confident it can create a pleasant highway experience and also make ' - the project very livable. ' 9 I 100% Affordable Housing Requests of City Council 1 1. Request for Expedited Land Use and Building Permit Review: Because this is I an 100% affordable housing project and due to the community benefit to have this project ready for occupancy by November 1, 1999; the applicant requests 1 priority in processing through staff and referral agencies, and for priority in scheduling on P&Z and City Council agendas. Priority processing and scheduling for 100 percent affordable housing projects has been a long-standing , policy of City Council to assist the production of affordable housing. 2. Request for Expedited Construction: In order to meet an aggressive construction schedule, the applicant requests permission to undertake site preparation, excavation and utilities work in the spring of 1999 prior to the issuance of a full building permit; and undertake foundation work(with a , foundation permit)prior to the issuance of a full building permit, at the applicant's risk. The objective is to make every effort to have the units ready t for occupancy by November 1, 1999. The preliminary construction plan is for modular or panelized construction with off-site pre-fabrication of the units starting in January/February of 1999; site preparation, excavation and utilities 1 work in April/May; foundation work in May/June; setting/finishing the units in June-October; and occupancy between November 1-15. In order for this ' aggressive schedule to be achieved, it is critical to be able to start site and foundation work in the spring of 1999. 3. Request for Wavier of Land Use and Building Permit Fees: The waiver of land ' use and building permit fees for 100 percent affordable housing projects has I c e;',s0 10 ' • I been a long-standing polic of City Council to assist the production of affordable housing. 4. Request for Waiver of Water Tap Fees: The waiver of water tap fees for 100 percent affordable housing projects has been a long-standing policy of City ICouncil to assist the production of affordable housing. 5. Request to Waive or Reduce Park Development Impact Fees: The Park Development Impact Fee (Sec. 26.44.060) for the project is $247,414 �Y 6✓ calculated as follows: 66 units - 3 bedrooms, standard units @ $3,634/unit = $239,844 2 units - 2 bedrooms, ADA units @ $2,725/unit = $ 5,450 1 unit - 1 bedroom , prop mgr unit @ $2,120/unit = $ 2,120 69 units $247,414 1 This is a significant cost for the project to bear. The applicant requests a 100 percent waiver or a 50 percent reduction of the fee recognizing it is an 100 percent affordable housing project and also a dormitory project where the standard park dedication fee formula of Section 26.44.060 is not directly applicable to a seasonal dormitory project. 6. Request for Construction License. This will permit grading, berming, and landscaping on surrounding land owned by the City. The applicant will prepare a construction license for review by the City. 7. Request to Condominiumize Units (Sec 26.88.070). This will permit the sale t 41;e of units to the City. (The Subdivision Review Standards will meet the technical response to this section.) 8. Request that the following Affordable Housing Guidelines Special Review - Items for dormitory units be addressed: 11 1 I • Project rents. • Six month minimum lease. �), • Dormitory design standards of bathtub with a shower. I viii • Dormitory design standard of twenty (20) net leaseable sq. ft of tk . enclosed storage area per person. t The applicant is meeting with the Housing Board to address these items. I 9. Council Interpretation that there is no School Impact Fee or School Land . Dedication because the project is seasonal dormitory project. The School 1 Impact Fee (Sec 26.88.040.6.c.(1)) for the project would be $58,958.33. This I is a significant cost for the project to bear when it is a seasonal dormitory project which will generate no school impacts. I The following sections address the various review standards for this application. 1 I Review Standards I Development Application for PUD The parcel is requested to be zoned AH1/PUD (Affordable Housingl/Planned Unit Development). The AH1/PUD zone district requires that the following requirements be set I by PUD: • Minimum amount of open space 1 • Minimum distance between buildings " " • Maximum height , 1 • Minimum setbacks - rear, front and sides. Planned Unit Development - A development application shall comply with the I following standards and requirements. 12 1 1 I. General Requirements. A. The proposed development shall be consistent with the Aspen Area Community Plan. The AACP considered the MCC employee housing site a good site for affordable housing. Parcel B can be considered an extension of the MCC site. While Parcel B was not specifically • identified in the 1993 AACP, iven the AACP's emphasis on affordable g p o dable housing and transit oriented development, the Applicant feels that this proposal is consistent with the policy intent of the AACP. B. The proposed development shall be consistent with the character of existing land uses in the surrounding area. With the MCC employee housing directly to the south,the creation of affordable housing on Parcel B is consistent with adjacent land uses. C. The proposed development shall not adversely affect the future development of the surrounding area. Development of Parcel B for affordable housing will not have an adverse impact on development in the surrounding area(employee housing, ski area, open space). Parcel B is adjacent to existing affordable housing and the Buttermilk transit center, and is located off the steep slopes of Deer Hill. D. Final approval shall only be granted to the development to the extent to which GMQS allotments are obtained by the applicant. The applicant is requesting GMQS exemption for affordable (1 housing as permitted under the Land Use Code. This exemption is specifically designed to encourage the production of affordable housing. II. Density A. General. The maximum density shall be no greater than that permitted in the underlying zone district. Density may be reduced if: r 3 13 1. There is not sufficient water pressure and other utilities to service the proposed development. The project has adequate utilities and services, see Exhibit 5, Utilities and Drainage Report. Also, see Special Review section of this application for a discussion of the minimum lot area per dwelling unit. I 2. There are not adequate roads to ensure fire protection, snow removal and road maintenance to the proposed 1 development. Adequate roads are in place for fire protection, snow removal and road maintenance, see Exhibit 5, Utilities and Drainage Report. ' 3. The land is not suitable for the proposed development because of its slope, ground instability, and the possibility of mud flow, rock falls and avalanche dangers. See Exhibit 5, Utilities and Drainage Report. 4. The effects of the proposed development are detrimental 1 to the natural watershed, due to runoff, drainage, soil erosion and consequent water pollution. See Exhibit 5, 1 Utilities and Drainage Report. 5. The proposed development will have a deleterious effect on air quality in the surrounding area and the city. This I application is designed to be transit oriented and will have minimal impact on air quality. ' 6. The design and location of any proposed structure, road, driveway, or trail in the proposed development is not 1 compatible with the terrain or causes harmful ' disturbance to critical natural features of the site. The Design Team has been careful to use the natural features of the site ' 14 i1 and not encroach on the upper steeper portions of Deer Hill, see 1 Exhibit 11, Drawings Package, Site Plan. B. Reduction in density for slope consideration. Ii. In order to reduce wildfire, mudslide, and avalanche hazards; enhance soil stability; and guarantee adequate fire protection and access, the density of a PUD shall also be reduced in area with slopes in excess of 20% in 1 the following manner. ta) For lands between 0 and 20 percent slope, the maximum density allowed shall be that permitted in the underlying zone district; b) For lands between 21 and 30 percent slope, the maximum density allowed shall be reduced to 50% 1 of that permitted in the underlying zone district; c) For lands between 31 and 40 percent slope, the maximum density allowed shall be reduced to 25% of that permitted in the underlying zone district; ' d) For lands in excess of 40% slope, no density I ,/ \)\t\-‘j credit shall be allowed. W Generally, the Design Team has limited the develo ment to the flat •t ' portion of the site; however, some units and the Commons building . are located into the very edge of the slope, see Exhibit 11, Drawing ' Package, Site Plan. III. Land uses. The land uses er p muted shall be those of the underlying zone district. Detached residential units may be authorized to be r;i 0 QN�L 15 clustered in a zero lot line or row house configuration, but multi- family dwelling units shall only be allowed when permitted by the ' underlying zone district. The applicant is requesting seasonal housing , on- site property manager unit, and a commons building for laundry, music practice, ' lounge and storage. I IV. Dimensional requirements. The dimensional requirements shall be those of the Underlying zone district; provided, that variations may I be permitted in the following: A. Minimum distance between buildings ' B. Maximum height C. Minimum front yard D. Minimum rear yard ' E. Minimum side yard F. Minimum lot width ' G. Minimum lot area H. Trash access area, see Exhibit 11, Drawings Package, Site Plan. I. Internal floor area ratio, no requirement. I J. Minimum percent open space. Please see Exhibit 2,Dimensional Requirements Form for the details of this , application's proposal. V. Off-street parking. The number of off-street parking spaces_ may be • varied from that required in the underlying zone district based on the • following considerations. . A. The probable number of cars used by those using the proposed. ' development. B. The parking needs of any non-residential uses. 16 I 1 C. The varying time periods of use, whenever joint use or Icommon parking is proposed. D. The availability of public transit and other transportation Ifacilities, including those for pedestrian access and/or the Icommitment to utilize automobile disincentive techniques in the proposed development. IE. The proximity of the proposed development to the commercial core or public recreational facilities in the city. {Whenever the Inumber of off-street parking spaces is reduced, the city shall Iobtain assurances that the nature of the occupancy will not change.} IThe Transit, Parking and Parking Management Plan of the project has been described earlier. The plan has been developed based largely on 10 years of Iexperience at Marolt Ranch. The Parking Management Plan is given in Exhibit 3 . The applicant will deed restrict these units to seasonal use to Icomply with Section E above. IVI. Open Space. The open space requirement shall be that of the underlying zone district. However, a variation in minimum open Ispace may be permitted if such variation would not be detrimental to the character of the proposed PUD, and if the proposed development Ishall include open space for the mutual benefit of all development in Ithe proposed PUD through a common park or recreation area. An area may be approved as a common park or recreation area if it: IA. Is to be used and is suitable for scenic, landscaping, or recreation purposes; and IB. Is land which is accessible and available to all dwelling units I - or lots for whom the common area is intended. 1 17 I I As the Site Plan illustrates the interior of the development(quad) is functional open space: it is landscaped, accessible and can be used for ' recreational purposes, see Exhibit 11,Drawings Package, Illustrative Site Plan and Landscape Plan. VII. Landscape Plan. There shall be approved as part of the final . I development plan a landscape plan, which exhibits a well designated treatment of exterior spaces. It shall provide an ample quantity and ' variety of ornamental plant species that are regarded as suitable for the Aspen climate. The applicant has provided adequate landscape treatment to enhance the site, see Exhibit 11, Drawings Package, Illustrative Site Plan and ' Landscape Plan. VIII. Architectural Site Plan. There shall be approved as part of the final ' development plan an architectural site plan, which ensures architectural consistency in the proposed development, architectural character, building design, and the preservation of the visual character of the city. It is not the purpose of this review that control of architectural character be so rigidly enforced that individual ' initiative is stifled in the design of a particular building, or substantial additional expense is required. Architectural character is based upon the suitability of a building for its purposes, upon the ' appropriate use of materials, and upon the principles of harmony and proportion of the buildings with each other and surrounding land ' uses. Building design should minimize disturbances to the natural terrain and maximize the preservation of existing vegetation, as well ' as enhance drainage and reduce soil erosion. Exhibits 11, Drawings Package, illustrates the architectural characteristics of this application. They include typical unit plans, building elevations, building and site sections, as well as ' oeo•:?88 18 I I drainage. It is the a pp licants goal to construct attractive but economical structures Iso that long term operations, maintenance and rents can remain affordable. IX. Lighting. All lighting shall be arranged so as to prevent direct glare Ior hazardous interference of any kind to adjoining streets or lands. IThe applicant will comply with the City's lighting standards. X. Clustering. Clustering of dwelling units is encouraged. The applicant Ihas successfully clustered the dwelling units, but provided privacy and open space, see Exhibit 11,Drawings Package, Site Plan. IXI. Public Facilities. The proposed development shall be designed so Ithat adequate public facilities will be available to accommodate the proposed development at the time development is constructed, and Ithat there will be no net public cost for the provision of these public facilities. Further, buildings shall not be arranged such that any Istructure is inaccessible to emergency vehicles. See Exhibit 5, Utilities and Drainage Report. IXII. Traffic and Pedestrian Circulation. IA. Every dwelling unit, or other land use permitted in the PUD shall have access to a public street either directly or through Iapproved private roads, a pedestrian way, or other area dedicated to public or private use. See Exhibit 11, Drawings IPackage, Site Plan. IB. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movement and Iminimum hazards to vehicular or pedestrian traffic. See Exhibit 11, Drawings Package, Site Plan. IC. The proposed development shall be designed so that it will not ' - create traffic congestion on the arterial and collector roads (2'lam C: S 9 1 19 0 surrounding the proposed development, or such surrounding collector or arterial roads shall be improved so that they will 1 not be adversely affected. See Exhibit 4, Traffic Impact Report, submitted to the Planning Office under separate cover. D. Every residential building shall not be farther than 60 feet from an access roadway or drive providing vehicular access to a public street. The Design Team has met with the Fire Marshal to 1 review the plan and has incorporated changes recommended by the Fire Marshal. To the applicant's knowledge,the plan complies with the Fire 1 Marshal's standards. E. All nonresidential land used within the PUD shall have direct access to a collector or arterial street without creating traffic 1 hazards or congestion on any street. See Exhibit 11, Drawings Package, Site Plan and Exhibit 4,Traffic Impact Report, submitted to the 1 Planning Office under separate cover. 1 Review Standards Development Application for Subdivision 1 Subdivision - A development application for Subdivision shall comply with the 1 following requirements. I. General Requirements. 1 A. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. Addressed in the PUD section of this application. 1 { : 1 20 1 111 B. The ro osed subdivision p p Sion shall be consistent with the character of existing land uses in the area. Addressed in the PUD section of this application. ' C. The proposed subdivision shall not adversely affect the future development of surrounding areas. Addressed in the PUD section of this application. ' D. The proposed subdivision shall be in compliance with all applicable requirements of this title. The applicant will comply. ' II. Suitability of land for subdivision. ' A. 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 condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. Addressed in the ' PUD section of this application, see Exhibit 5, Utilities and Drainage g ' Report. B. Spatial pattern efficient. The proposed subdivision shall not ' be designed to create spatial patterns that cause inefficiencies, duplications or premature extension of public facilities and unnecessary public costs. The location of this development is within ' land proposed to be annexed into the City of Aspen and is a logical extension of water and transit services, as well as all utilities and services ' which use the SH 82 corridor. III. Improvements. ' A. Required improvements. � ' 21 1. Permanent survey monuments, range points, and lot pins. The applicant will comply. ' 2. Paved streets, not exceeding the requirements for paving and improvements of a collector street. The applicant will , comply, as needed, based on review with the City Engineering -' Department. 3. Curbs, gutters, and sidewalks. The applicant will comply, as 1 needed, based on review with the City Engineering Department. 4. Paved alleys. N/A 5. Traffic-control signs, signals or devices. The applicant will , comply, as needed, based on review with the City Engineering Department, see Exhibit 4,Traffic Impact Report. 6. Street lights. The applicant will comply, as needed, based on review with the City Engineering Department. 7. Street name signs. The applicant will comply, as needed, based ' on review with the City Engineering Department. 8. Street trees or landscaping. The applicant will comply, see ' Exhibit 11, Drawings Package, Landscape Plan. 9. Water lines and fire hydrants. The applicant will comply, see Exhibit 11, Drawings Package, Utilities Plan. ' 10. Sanitary sewer lines. The applicant will comply, see Exhibit 11, Drawings Package, Utilities Plan. ' 11. Storm drainage improvements and storm sewers. The applicant will comply, see Exhibit 11,Drawings Package, Drainage ' Plan. ' 12. Bridges or culverts. The applicant will comply, see Exhibit 11, Drawings Package, Drainage Plan. ' C1.*fig?,2[1,7 22 .' 13. Electrical lines. The applicant will comply, see Exhibit 11, Drawings Package, Utilities Plan. 14. Telephone lines. The applicant will comply, see Exhibit 11, ' Drawings Package, Utilities Plan. 15. Natural gas lines. The applicant will comply, see Exhibit 11, I' Drawings Package, Utilities Plan. g ' 16. Cable television lines. The applicant will comply, see Exhibit 11, Drawings Package, Utilities Plan. IV. The following design standards shall be required for all subdivisions. A. Streets and related improvements. The following standards ' shall apply to streets regardless of type or size, unless the street has been improved with paving, curb, gutter and Isidewalk. The applicant will comply, as needed, based upon a review by the City Engineering Department. ' B. Easements. The applicant shall comply with all eight standards for ' easements. C. Lots and blocks. The applicant shall comply the eight standards for lot and block layout. D. Survey monuments. The applicant shall comply with the three standards for survey monuments. ' E. Utilities. The applicant shall comply with the seven standards and specifications for utilities construction. ' F. Storm drainage. The applicant shall comply with the four standards for storm drainage. G. Flood hazard areas. This code section is not relevant to the application. 23 1 H. The design and location of any proposed structure, building envelope, road, driveway, trail or similar development is i compatible with significant natural or scenic features of the site. The Design Team has developed this physical plan to avoid the upper _ slopes of Deer Hill. Additionally, the applicant has used the natural •I topography and man-made landscape features to hide this development from highway view. Further, Pitkin County's 200 foot set-back from SH 82 is , being honored for structures, even though it is not city policy. Parking will be located in the 200 foot set-back and will be screened from highway view. I. Variations of design standards may be granted by special , review. V. Affordable housing. This application is for 100 percent affordable housing; therefore, this section does not apply. VI. School Land Dedication Standards. This application is to provide dormitory housing for MAA students in the summer and resort employees in the winter, not families or couples. Since this is an issue of"type of use" and not physical dimensions, this application (according to the Land Use Code) is not responsible ' for School Land Dedication and the applicant has requested a ruling from City Council on this matter. I Residential Design Standards ' The purpose of this section is to preserve established neighborhood scale P P p g and character, and to ensure that Aspen's streets and neighborhoods are ' public places conducive to walking. (The Planning Office has suggested that the applicant use this Code sec ion, as) wide for design.) ' 24 1 The applicant has reviewed this section of the Land Use Code and finds that the intended context of this section is to be applied primarily to the Town Site and logical extensions of ' the"urban grid" concept. This project is a clustered,transit oriented development that is on Ia site which requires internal orientation and design, and architectural features suitable to the site and the type of use (dormitory). The Design Team feels it has been sensitive to the surrounding area and the site's special characteristics, and will gladly consider comments applicable to the Residential Design Section of the Code. t Conditional Use for Dormitory Units ov∎le ; 1r- '�nnS, Purpose. Conditional uses are those land uses which are generally compatible with the other permitted uses in a zone district, but which require individual review of their location,. design, configuration, intensity and density in order to ensure that appropriateness of the land use in the zone district. ' Standards. A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the zone district in which it is proposed to be located. This application is for a 100% seasonal affordable housing project and is located in the major transit corridor and near a significant transit station makes this an appropriate location for dormitory housing. B. The conditional use is consistent and compatible with the character of ' the immediate vicinity of the parcel proposed for development and C v 25 8 1 surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for O development. This area is generally recreational and affordable housing in its immediate character and a mix of recreational,residential,commercial, light industrial and transportation uses within a 1/2 mile radius. This application will not detract from - a the character of the uses in the area. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service O delivery, noise, vibration and odor on surrounding properties. This 1 application minimizes the projects visual impact from SH 82 through the use of land forms and landscaping; it provides safe and direct pedestrian access through the site to the transit station and to other pedestrian and bicycle paths; it has a restrictive parking management plan; vehicular circulation is via a grade separated intersection for access to and from SH 82; and all other service aspects are intended to minimize adverse impacts 1 on residents of the property, as well as residents of adjacent properties. D. There are adequate public facilities and services to serve the conditional 1 use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Because of 1 the proposal's location adjacent to the existing city limits all public facilities and services are adequate and available, see Exhibit 5, Utilities and Drainage Report. 1 E. Provision of affordable housing. Not applicable because this is an affordable housing development. 1 F. The proposed conditional use complies with all additional standards imposed on it by the AACP and by all other applicable requirements of 26 / 1 this title. The applicant's intent is to comply with pp p y all standards imposed by the AACP. ISpecial Review Review standards for special review. No development subject to special review shall be permitted unless the commission makes a determination that the proposed development complies with all standards and requirements set forth below. Many of the ' aspects of this proposal are being set by Special Review because the parcel is zoned with a PUD overlay (AH1/PUD). Special review is requested for off-street parking, external ' FAR, and minimum lot area per dwelling unit. The applicant's requests for on-site parking is one space per unit and an additional 11 parking spaces for visitors, see Exhibits 11 and 3, Illustrative Site Plan and Parking Management Plan. The applicant's request for FAR is for.95:1 (the code requires that anything above .85:1 receive special review approval). The applicant's request for lot area per dwelling unit is to allow the 69 units on 3.75 acres approximately. This equates to approximately 2,370 sq ft of lot area per unit. Current code requirements do not address dormitory units. A. Dimensional requirements. Whenever the dimensional requirements of a proposed development are subject to special review, the development application shall only be approved if the following conditions are met. 1. The mass, height, density, configuration, amount of open space, landscaping and setbacks of the proposed I I development are designed in a manner which is compatible with or enhances the character of surrounding land uses and is consistent with the 1 27 1 I purposed of the underlying zone district. Generally, the character of the surrounding land uses is recreational and affordable I housing. This proposal does not imitate the adjacent MCC affordable housing development, but its multi-family style and _ cluster parking are similar characteristics. Therefore, FAR and lot area per dwelling unit requests are compatible with the adjacent MCC affordable housing project and is appropriate to the site. I 2. The applicant demonstrates that the proposed development will not have adverse impacts on surrounding uses or will mitigate those impacts, including but not limited to the effects of shading, excess traffic, availability of parking in the 1 neighborhood or blocking of a designated view plane. The applicant has gone to great lengths to make this project a transit oriented development. Exhibits 3 and 4 are Traffic Impact and I Parking Management Plans which describe how transit, traffic and parking will be managed and how the two primary tenants will select 1 residents to minimize the use of the automobile. B. Off-street parking requirements. Whenever the off-street requirements of a proposed development are subject to establishment and/or mitigation via a payment in lieu by special review, the development application shall only be approved if the following conditions are met. In all zone districts where the off-street parking requirements are subject to establishment and/or mitigation by special 1 review, the applicant shall demonstrate that the parking needs of the residents, customers, guests and employees of the 1 28 1 project have been met, taking into account potential uses of the g P ' parcel, the projected impacts onto the on-street parking of the neighborhood, its proximity to mass transit routes and the downtown area, and any special series, such as vans, provided for residents, guests and employees. See Transit, Traffic and Parking text described earlier and Exhibits 3 and 4, Parking Management Plan and Traffic Impact Report. tGrowth Management Exemption for Affordable Housing and a Commons Building A. The purposes of this chapter are as follows: 1. To implement the Aspen Area Community Plan's goals and policies, in conjunction with the background research and studies conducted in support of the Plan. This project is a 100% affordable housing project undertaken as a public-private-non profit partnership. These two characteristic are policies and strategies to implement the AACP. 2. To ensure that new growth g th occurs in an orderly and efficient manner in the City of Aspen and the metro area. The Burlingame Ranch is in the Aspen Metro Area and the property is currently being annexed ' into the City of Aspen. 3. To ensure sufficient public facilities to accommodate new growth and development. Not applicable. 4. To ensure that new growth and development is designed and constructed to maintain the character and ambiance of the city and the metro area. Every effort is being made to ensure that this seasonal housing project meets the design desires and construction standards of the City ' of Aspen. 29 1 5. To ensure an adequate supply of housing, businesses and events 4 PP Y g� that serve the local, permanent community and the area's tourist base. This is an affordable housing project which will house MAA students in the summer and a mix of winter seasonal employees including general resort I employees, RFTA employees and ASC employees. 6. To ensure that growth does not over-extend the community's ability to provide support services, including employee housing, ■ traffic control and parking.6-This criteria is satisfied because this is an affordable housing project. 1 3. City Council exemptions that are deducted from the P ool of annual development allotments and from the metro area development ceilings. The I following exemptions shall be deducted from the respective annual development allotment established pursuant to Section 26.100.040 and i from the metro area development ceilings established pursuant to Section 26.100.030. The available development pool for affordable housing exceeds this request for 69 units. 1 b. Affordable housing. All affordable housing deed restricted in accordance with the housing guidelines of the City Council and its housing 1 designees, shall be exempt from the growth management competition and scoring procedures by the City Council. As a 100% affordable h using project this criteria is met. In addition to the 69 affordable housing units, the project has a "commons building " which will serve as practice rooms for MAA students in the summer and general storage in the winter. The "commons building" will also house a lounge, t laundry area, mechanical area, an office for the property manager and a one-bedroom property manager apartment. Therefore, we are requesting GMQS Exemption for both the primary use, affordable housing, and the ancillary use, the commons building. - I (J C", .0(3 30 . 1 1 EXHIBITS 1 1 1 1 1 1 1 1 1 ILAND USE APPLICATION I PROJECT: EXHIBIT 1 Name: 1Dvr/LH 1 j.— 2 et-42 U4 'Pei.1,-00.--l 3 __ Location: � 8-7_ �z �,, �j �,,,,,L1 k ±d t?L(4 ,5- IZcc. I (Indicate street address, lot& block number, legal description whet appropriate) IAPPLICANT: . Name: A4 4 4 c ae -i' 4.a.,4,4 ?r,,s/d 4- IAddress: , in vv1G $ JJ at)/ -0 c . 1,4 GD /4j / Phone#: /ZS- 32.S4 _ IREPRESENTATIVE: Name: `1/,,,,, G U Y-f1S // IAddress: 300 E . i vet fl �t5,p.�, LD Jr/� 1/ c 1 Phone#: //Z/-1` 3 2sS I TYPE OF APPLICATION: (please check all that apply): IV] Conditional Use p Conceptual PUD 0 Conceptual Historic Devt. pSpecial Review J Final PUD(& PUD Amendment) ❑ Final Historic Development I E Design Review Appeal Conceptual SPA Minor Historic Devt. GMQS Allotment Final SPA(& SPA Amendment) ❑ Historic Demolition I71 GMQS Exemption j2 Subdivision 0 Historic Designation �0 ESA- 8040 Greenline, Stream ❑ Subdivision Exemption(includes ❑ Small Lodge Conversion/ Margin. Hallam Lake Bluff, condominiumization) Expansion I Mountain View Plane Lot Split ❑ Temporary Use 0 Other: E Lot Line Adjustment 0 Text/Map Amendment IEXISTING CONDITIONS: (description of existing buildings, uses, previous approvals. etc.) I -N.r cc- I g /S (1 0 ,A)-e. 10_,i)� IPROPOSAL: (description of proposed buildings, uses, modifications. etc.) I I IHave you attached the following? FEES DUE: S Z- , 47.6-.00 Pre-Application Conference Summary a Attachment#1, Signed Fee Agreement I5j Response to Attachment#2, Dimensional Requirements Form ® Response to Attachment#3, Minimum Submission Contents 00 0 1.0 2 �{i] Response to Attachment#4, Specific Submission Contents Response to Attachment#5. Review Standards for Your Application iATTACHMENT 2 EXHIBIT 2 DIMENSIONAL REQUIREMENTS FORM Project: r 1 t ", Eee, ? 4/Rt„,„e73, tae%b 5,e5 J 4 Applicant: A o � lu-1- �j Location: S �S 13t� )tf�rxul iC. -+- O Ld 5- ,e6 Zone District: Ati V Lot Size: 3.1,5" I Lot Area: 3. -7. 4` ± (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the ' definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: /0/4 Proposed: 1t/f ' Number of residential units: Existing: 0 Proposed: Lc? ✓ Number of bedrooms: Existing: Proposed: 2.0 3 Proposed % of demolition(Historic properties only): 44 ' DIMENSIONS: Floor Area: Existing: — Allowable: p 4. Proposed: ‘5-5; 71/ ��, t Principal bldg. height: Existing: = Allowable: ) j Proposed: c3-3 t Access. bldg. height: Existing: Allowable: f' U Proposed: v2-3 t ' On-Site parking: Existing: Required: Sp. Proposed: 0 GA A-1A o/ r- % Site coverage: Existing: Required: . I . Proposed: /7 % - 7 % Open Space: Existing: Required: t U Proposed: 6 / a/0 ±- a Front Setback: Existing: Required: ) 6 Proposed: 40 Rear Setback: Existing:• — Required: Pc) O Proposed: /0 " Combined F/R: Existing: Required: PU Proposed: SU ISide Setback: Existing: — Required: P() 6 Proposed: /0 Side Setback: Existing: — Required: f U a Proposed: Z Jf Combined Sides: Existing: Required: U I� Proposed: 3 3 Existing non-conformities or encroachments: 4)/4' Variations requested: I 000 0' 1 EXHIBIT 3 • 1 Burlingame Ranch Seasonal Housing Preliminary Parking Management Plan Project: The Burlingame Seasonal Housing project consists of 68 dormitory units and 1 ' one-bedroom property manager unit for a total of 203 beds. Each dormitory unit will accommodate three people with each person having a small individual private bedroom and sharing a common kitchen, bath and living room area. Each unit is approximately 750 sq. ft. Parking: Based on the 10 years of experience from operation at Marolt Ranch, Burlingame parking has been designed based on one(1) "gated" space per unit and 11 ' visitor/guest spaces as follows: 69 "gated spaces" @ 1 space/unit for 68 dormitory units ' @ 1 space/unit for the property mgr unit 11 visitor/guest spaces 80 spaces total 5 spaces optional: parking or snow stacking as decided by prop. mgr. The physical operation of the 80 parking spaces will be the following: • A remote control gate will restrict access to the main parking lot of 69 spaces. • One parking space will be provided to each of the 69 units (68 dorm units and 1 ' manager's unit). • The person who is assigned the parking space will receive a parking sticker for the car; a remote control device to open the gate(this device will be numbered and registered with that individual); and a$50 per month parking fee will be charged. The remote control device will the responsibility of the user and if lost or damaged the user will be charged accordingly. • Visitor parking will be contained to the 11 parking spaces outside the gated main parking lot. Visitor parking will be clearly signed and enforced with towing and booting. ' • Direct pedestrian access will be provided from the project to the adjacent transit stops. • The Property Manager will be a year-around position and the property manager • will have full authority to manage the parking and housing. In order to ensure that the parking management plan is a success other steps will be taken by the ASC, MAA and City of Aspen to control parking, encourage transit use and discourage auto use as follows: 1 1 Winter • ASC will use Burlingame units to recruit groups of friends from overseas, National Parks, and colleges who can share a unit and car. Recruiting will focus on overseas employees who arrive in Aspen without a car. Parking passes will be allocated at the same time jobs and housing are arranged. and preference will be given to persons/groups who arrive in Aspen without a car. _ • ASC will use Burlingame units to recruit employees who will be in Aspen for just one winter and a preference will be given to individuals/groups who arrive in Aspen without a car. • ASC job matching will be done for Burlingame employees who will work at Buttermilk. , • Free skier shuttles will be available for employee transportation. • ASC employees can purchase a$40 F;. TA punch pass for$5. • Burlingame tenants will be advised that there is no long-term parking available for additional cars and that transportation to Aspen and the ski areas can easily be accommodated by mass transit. • ASC has a track record of successfully managing seasonal housing and 1 restrictive parking at the Holiday House which has 50 beds and 16 off-street parking spaces. Summer • MAA will allocate the units among students who can share a unit and car. • Burlingame decals will be issued and if more requests are made than parking is available, the "overflow" parking will use the lower parking lot on the Music School Castle Creek Campus. • Student cars will be registered and a registration fee of$50 per month will be charged to provide an auto disincentive. • Bus service will be provided among Burlingame. Marolt and the Castle Creek Campus. • School bicycles will be available to students at no cost. This parking management plan has been created based on discussion ith the Marolt 1 Ranch property managers and the ASC. MAA and RFTA. Based on : 10 years of experience at Marolt Ranch, it is our belief that with the one parking per unit and the management controls outlined above, the parking plan for the project will be successful. • 1 1 1 05 • 2 1 I 1 I . 1 Exhibit 4 ITraffic Impact Report (submitted under separate cover) I I 1 1 1 1 1 I I n e 0 =0 1 ti MWE EXHIBIT 5 McLAUGHLIN WATER ENGINEERS ltd. 210 A AABC ASPEN,COLORADO 81611 970-925-1920 970-925-1974 fax mweaspen@rof.net MEMORANDUM TO: Jim Curtis FROM: Dean Derosier, P. E. DATE: October 26, 1998 RE: Burlingame Seasonal Housing Project - Conceptual Utilities and Drainage Report The following is a brief summary of the existing and proposed utilities for the Burlingame Seasonal Housing. I will address each utility individually. Water: The Maroon Creek Club installed a 8" main line around their new facilities in 1995. The Maroon Creek Club units are directly across the street from the proposed development. The existing line forms a loop with the City of Aspen's main 24" line on the West side of Hwy 82 through two road crossings. We proposed to tie into the existing MCC 8" main line at each end of the Seasonal Housing Project, run a 8" main line around the facilities to form a looped system around the new development. Pressures in this area are thought to ( be around 110 psi. Numerous fire hydrants would be installed for fire protection. Each building would have an individual 4" water tap to the building for 2" domestic and 2" fire . service. Sewer: The Maroon Creek Club installed a 8" sewer main for their new employee facilities. This 8" main ties into the Aspen Consolidated Sanitation District 10" Collector Sewer along Hwy 82 to the AABC.. A new 8" sewer is proposed to be installed to service the project, tie-ing into the existing MCC sewer and routed around the project. Service lines would be 4" PVC to each building. An alternative line and connection would run directly into the Hwy 82 Collector Sewer, if elevations of the project are to low for the MCC line connection. • 1 Gas: • The Maroon Creek Clubinstalled new a 4" gas mains to service their employee units. A 4" 1 line would needed to serve the Commons Building only for heating. The new line would connect to the existing 4" main near the MCC Maintenance Facility and run directly to the Commons Building. The individual buildings are not to have gas service at this time. A central heating system is proposed in the Commons Building to provide all heat and hot water for the units. Electric: service to the project will need to come from the main transformer at the Electric p intersection of Hwy 82 and Owl Creek Road, located off Owl Creek Road. An existing line does run from the transformer across Hwy 82 and East along Old Stage Road. This 1 line is a 2 phase overhead line. It is proposed that a new 3-phase underground cable be installed to replace the existing overhead lines. The line routing proposed will be to follow Hwy 82 South to the proposed underground Pedestrian Crossing of Hwy 82 , where it would cross Hwy 82 to Old Stage Road. The line would follow Old Stage Road to the intersection of Old Stage and New Stage Road and tie into the existing transformer. Electric service to the project would be a new underground loop system off the proposed underground main line system discussed above. The loop system would run around all of the proposed units to provide electric service. Two transformers would be installed at each of the tie-ins to the new main line. CTV: a An existing CTV line runs along Hwy 82. It is proposed that a new line be routed from the East side of Hwy 82 and Owl Creek Road into the project to provide CTV service to all units. D Telephone: Existing telephone main cables are located on the East side of Hwy 82 at the Owl Creek D Road Intersection. We are proposing that a new cable be installed from the main line and box at Hwy 82 into the project and around all of the units to provide Telephone service. D IL �7CO'1: 8 D Drainage: Drainage for the project will handle not only the onsite flows from the buildings, common areas, and streets, but offsite flows from the Westerly facing Deer Hill behind the proposed units. A Detention Pond will be required to retain all flow above the natural • runoff from'the buildings and streets. The preliminary size of the pond is estimated to be .1 ac-ft in size or 60-foot in diameter area approximately 3-foot deep. We have located the pond on the NorthWest end of the parking area. A 24" outlet/overflow pipe would • run through the proposed berm to daylight in the area just North and West of the project. Drainage in the roadways is proposed to be in roadway drainage pans using curb and gutters along the roads and parking areas. All flow would be routed to the Detention Pond. Flows from around the buildings and from Deer Hill on the backside of the proposed units would be routed through grass lined swales to the Detention Pond or roadway drainage pans. Swales will be sized according to flow requirements. I have had preliminary discussions with all of the Utility Service providers, (IE - Holy Cross, US West, Aspen Consolidated Sanitation District, City of Aspen (Water), TCI, and KN Energy). In preliminary discussions all of the utilities seemed to be comfortable with serving the project. The next step is to discuss in detail the proposed alignments, main line sizing, service requirements, easements, and other issues with each utility. I will be sending letters to each of the utilities asking for Letters of Ability to Serve the Project next week and requesting meetings if required. At that time we will discuss final design requirements for the lines needed for the Seasonal Housing Units. Please call if you need additional information for the Conceptual PUD Application. Thank you! GDD , • EXHIBIT 6 1 • THE CITY OF ASPEN . OFFICE OF THE CITY MANAGER 1 October 14, 1998 Mr. Jim Curtis I300 E. Hyman Aspen, CO 81611 IRe: Burlingame Ranch Development Application • Dear Jim: This letter is to confirm that you and Tom Baker have the City of Aspen's permission to submit an application for development of the City owned Parcel B of the Burlingame Ranch property. Enclosed please find a policy of title insurance for the property which discloses the ownership of the subject property. I i 'in,erely, • L 111 � Amy.tsar um er g City i anagei/.' I cc: City Attorney Community Development Department JPW-10/14/98-G:\john\word\etters\curtis.doc I I (130 0440 . 0 1 130 SOUTH GALENA STREET - ASPEN,COLORADO 81611-1975 • PHONE 970.920.5212 • FAX 970.920.5119 �� I Owner's Policy of Title Insurance Fidelity National Title Insurance Company Policy Number IA Stock Company . 1312 - 70515 EXHIBIT 7 I . OWNER'S POLICY OF TTTLE INSURANCE I SUBJECT TO THE EXCLUSIONS FROM COVERAGE. THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS. FIDELITY NATIONAL TITLE INSURANCE COMPANY a corporation, herein called the Company. insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A. sustained or incurred by the insured by reason of: I. Title to the estate or interest described in Schedule A being vested other than as stated herein: I2. Any defect in or lien or encumbrance on the title: 3. Unmarkerabiliry of the title: • I4. Lack of a right of access to and from the land. The Company will also pay the costs.-attorneys'fees and expenses incurred in defense of the title, as insured. but onl\ to the extent provided in the Conditions and Stipulations. I IN WITNESS WHEREOF. FIDELITY .NATIONAL TITLE INSURANCE COMPANY has caused this policy rd be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. I IFidelity National Title Insurance Company GC c / '''‘'/'' /.'' ' (11 Cr- :SEAL = A °scent T EST ' '"L'' 5n 1.N2 I t� V Secretor; I nZ '7 . Countersigned: li I - I A,th. • ed Signature I ALTA Owner's Policy (10-17-92) t T SCHEDULE A-OWNER' S POLICY ICASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER PCT-9429C3 01/16/97 @ 11:35 A.M. $ 2, 625, 000.00 1312-70515 II 1. NAME OF INSURED: CITY OF ASPEN, COLORADO, A COLORADO MUNICIPAL CORPORATION 2 . THE LAND IN ESTATE OR INTEREST IN THE HEREIN AND WHICH IS COVERED BY THIS POLICY IS: IN FEE SIMPLE 3 . THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: CITY OF ASPEN, COLORADO, A COLORADO MUNICIPAL CORPORATION II4 . THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF PITKIN, STATE OF COLORADO AND IS DESCRIBED AS FOLLOWS: LOTS 6 AND 18 , SECTION 2 , TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THEN 6TH P .M. LOTS 1, 7, 8 , 9 , 10 , 16 , 17, 18 , 19 , 20 AND 21, SECTION 3 , TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P .M. EXCEPTING THEREFROM THE FOLLOWING PARCELS OF LAND AS DESCRIBED IN: BOOK 166 AT PAGE 152, BOOK 176 AT PAGE 611, BOOK 176 AT PAGE 318 , BOOK 178 AT PAGE 524 , BOOK 131 AT PAGE 320 , BOOK 185 AT PAGE 150 , BOOK 185 AT PAGE 199 , BOOK 195 AT PAGE 517, BOOK 199 AT PAGE 557, BOOK 202 AT PAGE 270 , BOOK 213 AT PAGE 113 , BOOK 225 AT PAGE 154 , BOOK 243 AT PAGE 773 , BOOK 243 AT PAGE 777, BOOK 294 AT PAGE 943 , BOOK 302 AT PAGE 687, BOOK 322 AT PAGE 976 , BOOK 323 AT PAGE 639, BOOK 335 AT PAGE 369, BOOK 335 AT PAGE 380 , BOOK 335 AT PAGE 383 , BOOK 351 AT PAGE 144 , BOCK 742 AT PAGE 450 AND THAT PARCEL EXCEPTED IN THE DEED RECORDED IN BOOK 188 AT PAGE 462 . I PITKIN COUNTY TITLE, INC.. • 601 E. HOPKINS AVE. • • ASPEN, COLORADO 81611 (970) 925-1766/ ( 970) -925-6527 FAX THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET. 11 a& 6 m6 1 SCHEDULE B-OWNERS 1 CASE NUMBER DATE OF POLICY POLICY NUMBER PCT-9429C3 01/16/97 @ 11 :35 A.M. . 1312-70515 ' THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. Rights o r claims of parties in possession not shown by the public records. 2 . Easements, or claims of easements, . not shown by the public records. 3 . . Discrepancies, conflicts in boundary lines, shortage in area, enchroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for ser7ices, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Water rights, claims or title to. water. 6 . Taxes for the year 1997 not yet due or payable . I 7 . Right of the proprietor of a vein or lode to extract and remove. his ore therefrom, should the same be 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 States Patent recorded March 16 , 1923 in Book 55 at Page 570 . 8 . Right of way for ditches or canals constructed by• the authority of the United States as reserved in United States Patent recorded April 17 , 1923 in Book 55 at Page 571 . 9 . Right of way for ditches or canals constructed by the authority of the United States and reservation of all uranium, thorium or any other minerals which is or may be determined to be peculiarly essential to the production cf fissionable materials , whether or not of commercial value, together with the right of the United States through its authorized agents or representatives at any time to enter upon the land and prospect for, mine and remove the same, as reserved in Patent recorded September 19 , 1953 in Book 180 at Page 187 . 10 . Rights cf way and easements as granted to The County of Pitkin by instruments recorded June 19 , 1930 in Book 157 at Page 308 , June 19 , 1930 in Book 157 at Page 309 , September 8 , 1938 in Book 157 at Page 535 , 11 . Right of way for the Stapleton Maroon Ditch, as reserved in , instrument recorded April 10 , 1931 in Book 158 at Page 471 . 12 . Terms, conditions , provisions and obligations as set forth in Fence ' Line Agreement recorded in Book 192 at Page 61 . (Continued) I ti r t 413 • . , I . IIPOLICY NO. 1312-70515 CASE NO. PCT-9429C3 ISCHEDULE B-OWNERS --EXCEPTIONS--CONTINUED-- li3 . Avigation Easements granted to Pitkin County as set forth in instruments recorded October 4 , 1958 in Book 185 at Page 239 and • Amendment thereto recorded December 19, 1958 in Book 186 at Page 217, in instrument recorded May 8 , 1963 in Book 202 at Page 272 , August IF12 , 1963 in Book 203 at Page 264 , September 22 , 1977 in Book 335 at Page 372 and re-recorded September 28 , 1977 in Book 335 at Page 724 , as set forth in Decree recorded September 7, 1979 in Book 375 at Page 1 475 and Decree recorded May 23 , 1979 in Book 369 at Page 386 . • 14 . Easements and right of ways granted to Rocky Mountain Natural Gas Company, Inc . , in instruments recorded October 19 , 1961 in Book 195 at Page 427, October 19, 1961 in Book 195 at Page 461 . 15 . Easements and right of ways as granted to The Mountain States I Telephone and Telegraph Company in instruments recorded September 29 , 1966 in Book 223 at Page 133 , January 11, 1971 in Book 253 at Page .65 . , � Easement granted to Buttermilk Mountain Skiing Corporation in ' instrument recorded December 22 , 1966 in Book 224 at Page 469 . 17 . Easements and right of ways for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc . , in instruments recorded August 11, 1969 in Book 242 at Page 634 , May 12 , 1975 in Bock 298 at Page 625 , February 25 , 111 1976 in Book 309 at Page 94 . • 18 . All matters as contained in Airport Ranch-Pitkin County Water Use IAgreement recorded September 19 , 1977 in Book 335 at Page 441 . 19 . All matters as set forth in Letter from Pitkin County recorded October I11, 1977 in Book 336 at Page 245 . 20 . All matters as set forth in Ditch Agreement recorded November 15 , 1993 in Book 730 at Page 868 . 1 . Easement as set forth in Easement Agreement recorded November 15 , 1993 It in Book 730 at Page 902 . All matters as set forth in Agreement recorded November 15 , 1993 in 12 . Book 731 at Page 52 . 13 . Easement and right of way for an el ectric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc . , in instrument recorded December 9 , 1996 as 0 Reception No . 399825 . II .. EXCEPTIONS NUMBERED NONE ARE HEREBY OMITTED. . 000414 III • EXHIBIT 8 Adjacent Ownership to Burlingame Ranch 300' 1. Parcel No. 273503400040 Schedule No. 4117 ICraig R. Stapleton • Stapleton Associates P.O. Box 1576 Greenwich CT 06836 2. Parcel No. 273502309052 Schedule No. 14466 Maroon Creek Apt. LP Pearce Equities 10 Club Circle Aspen CO 81611 3. Parcel No. 273502309051 Schedule No. 14465 Maroon Creek LLC Maroon Creek Club House Pearce Equities 1 10 Club Circle Aspen CO 81611 0 4. Parcel No. 273502209055 ** O Maroon Creek LLC Common Area Pearce Equities 0 10 Club Circle Aspen CO 81611 5. Parcel No. 273511209053 Schedule No. 14470 Maroon Creek LLC a 10 Club Circle Aspen CO 81611 0 Q - 000115 0 1 6. Parcel No. 273502300005 Schedule No. 4450 Paul E. and Virginia inia I. Soldner g Family Partnership c/o Paul E. Soldner P.O. Box 90 Aspen CO 81612 7. Parcel No. 273502300006 Schedule No. 4538 Joseph T. Zoline , 624 N. Canon Drive Beverly Hills CA 90210 1 8. Parcel No. 264334300851 Schedule No. 14753 Pitkin County 530 E. Main Street Suite 302 Aspen CO 81611 I 1 1 1 1 1 1 04 I 1 i EXHIBIT 9 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY IPLANNER: Chris Bendon,920.5072 DATE: 7.20.98 IPROJECT: Burlingame AH Conceptual PUD REPRESENTATIVE: Jim Curtis,Tom Baker OWNER: Music Associates of Aspen(MAA) TYPE OF APPLICATION: 2 step--Conceptual PUD Review DESCRIPTION: Conceptual Review for PUD, proposed subdivision boundary ILand Use Code Section(s) 26.08 . City Council Waiver of Land Use Fees 26.28.110 Affordable Housing Zone District -AH1-PUD I26.52 Common Development Review Procedure 26.58 Residential Design Standards (use as a reference, not part of conceptual) 26.84 Planned Unit Development - PUD Conceptual 26.88 Subdivision (use as a reference, not part of conceptual) I Review by: Staff for Completeness, Development Review Committee(DRC), Planning and Zoning Commission, City Council. Public Hearing: Yes, City Council. (Planner will provide applicant with more detailed schedule after application O is submitted)Applicant must post property and mail notice at least 10 days prior to hearing, or at least 15 days prior to the public hearing if any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency owns property within three hundred(300) feet of the property subject to the development application . 0 Applicant will need to provide proof of posting and mailing with a affidavit at the public hearing(s). I Referral Agencies: Engineering, Environmental Health, Parks, Zoning, Fire Marshall, Water. ACSD. Building Department, Pitkin County Community Development Planning Fees: Planning Deposit Major($2,160) Referral Agency Fees: Engineering, Minor($110); Environmental Health Major($155) Total Deposit: $2,425 (additional hours are billed at a rate of$180/hour) oTo apply, submit the following information: 1. Proof of ownership 2. Signed fee agreement II3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 4. Street address and legal description 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. I5. Total deposit for review of the application 6. 27 Copies of the complete application packet and maps. (submit one copy to planner prior to all 27) HPC = 12; PZ = 10; GMC = PZ+7; CC = 7; Referral Agencies= l/ea.; Planning Staff= 2 7. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 8. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. 0 0,117 1 9. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed 1 development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. 10. Annexation approval. (Annexation must occur prior to, or concurrent with, final approval from City Council) 11. List of adjacent property owners within 300'for public hearing(s). 12. Copies of prior approvals if applicable. 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. I 1 1 1 i i 1 1 1 1 i 1 .,0011 . r II EXHIBIT 10 aASP IPITK N COMMIJN TYY DEVELOPMENT DEPARTMENT :agreement for Payment of City of Aspen Development Application Fees (Please Print Clearly) ILCITY OF ASPEN (hereinaner and MOM,G 4O(,/'1/Jof • (heina*e APPLICANT) AGREE AS FOLLOWS: I 1. APPLICANT tins submitted to CITY an apoiicarion for - 1' 4 arilti B IIi t l ■ (hereinafter.THE PROJECT). ? APPT CANT undcstands and a�ees that City of Aspen Ordinance No. 4; (Series of i Saes or 1996) establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent a deter.._inanon of application completeness. 3. APPT_ICANT and C:T'_' agree that because of the size.nature or scope of the proposed Iproject 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 bastes to allow APP`IC.- Ni to mn ce payment of an initial deposit and to thereafter permit additional costs to be billed:o APPLICANT_' on a monthly basis. APPLICANT meets se will be benefited by rerrainiaQ meter cash aauidity and will make additional payments upon notification by the CITY when they II are necessary as costs are inctnre . CITY agrees it will be benefited through the 3eaater certainty of recovering its full costs to process APPLICANTS application. 4. CITY and APPLICANT further agree that it is imnracticabie for CITY Y staf:o complete processing or present sufficient information to the Planning Commission andior City Council to enable the Planninv Commission andior City Council to make ie`ally recuired nnciinos for project annrovai. unless current billings are paid in full prior to decision. ' eere ere. i PL:C��+ 3g*ees that in .onside�,�on of the =3 waiver of its .:motto I collect full fees prior to a determination of application completeness.APPLICANT mail pay an initial deposit in the amount of S which is for hours of Planning staff time, and if actual.recorded costs exceed the initial deposit APPLICANT shall pay adriitionai monthly billinol to CITY to reimburse the CITY for the processing of the application mentioned above, inclnciino post approval review. Such periodic payments shall be made within 3 0 days of:he billing date. APPLICANT further agrees that failure to pay such ac=ed costs shall be grounds for suspension I • of processing. CITY OF ASPEN APPLICANT 1 Signature: , 1 ., L.,-/Stan auso Date: I i filly ,i Community Development Director Printed Name: ' _ ICity of Aspen MERIIIMIrA. 1 40 r 000419 4 •r?eA4, 0 CC (,4 v4 Ces) C ) • 111111 Ban 11111 MN MIN IMO 111111 IMO EMI 111111 ME 111111 NUM 111111 111111 . ..• . . . . :, ';.'-':''-;,...,.•'-Jr- . . 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Galena Street Aspen, CO 81611 Phone: 970-920-5212 ' Fax: 970-920-5119 ' Date: April 28, 1999 1 1 I I I CONSULTANT TEAM Jim Curtis, Project Manager Curtis and Associates 300 E. Hyman Avenue ' Aspen, CO 81611 Phone: 970-920-1395 Fax: 970-925-5046 Michael Hassig, Project Architect Harry Teague Architects 412 N. Mill Street Aspen, CO 81611 Phone: 970-925-2556 Fax: 970-925-7981 Dean Derosier, Project Engineer McLaughlin Water Engineers, Ltd. 210 AABC Aspen, CO 81611 Phone: 970-925-1920 Fax: 970-925-1974 Steve Pouliot, Traffic Engineer ' MK Centennial 15000 W. 64th Avenue Arvada, CO 80001 Phone: 303-420-0221 Fax: 303-420-2308 Bill Wright, Project Surveyor Drexel Barrell & Co. ' 4840 Pearl East Circle, Suite 114 Boulder, CO 80301 Phone: 303-442-4338 /1/f j Fax: 303-442-4373 ( 1 AVI)64 1 \(1) v1/4WAAPt 1 I 1 r V r i TABLE OF CONTENTS Page 1 No. Application Summary 1 Project Background and Description 1 1 Project Description 2 ' Project Transit, Traffic and Parking 4 Affordable Housing Requests of City Council 10 1 Conceptual PUD Approval 13 1 Request for R/MF(A) PUD Zoning 16 1 PUD Variances 17 PUD Lot Area Analysis 17 1 Special Review for Parking 17 Growth Management Exemption for Affordable Housing 18 ' Residential Design Standards 18 Condominiumization 18 IRights hts 19 g (90\kik4kelt' -(AA 1 I LIST OF DRAWINGS I I. Final PUD Application Drawings: I • Context and Zoning Map • Neighborhood Plan • Neighborhood Plan and Transit Access I • Illustrative Site Plan - Preferred Parking Plan "A" w/ 84 cars - Alternative Parking Plan "B" w/ 106 cars I • Technical Site Plan - Preferred Parking Plan "A" • Site Section • Burlingame-Marolt Ranch Unit Comparison • Typical Building Elevations I • Typical Building Section • Commons Building Plan • Commons Building Elevations I Burlingame Ranch Subdivision and I Burlingame Seasonal Housing Project PUD Drawings II. ("Draft" Subdivision and PUD Final Plat Drawings) I • Final Plat - Signature Page • Final Plat - Context Plat I • Final Plat - Detailed Plat • Improvement Survey • Site Development Plan - Illustrative I • Site Development Plan - Technical • Landscape Plan I • Environmental Protection Plan • Grading and Drainage Plan • Utilities Plan I • Exterior Lighting Plan • Architectural Plans and Elevations I I iii I I I I EXHIBITS 1 1. Conceptual PUD Approval, Resolution No. 7, Series of 1999 1 2. Land Use Application Form 3. Dimensional Requirements Form I4. Subdivision Improvements and PUD Agreement I5. Grading and Landscaping License Agreement 1 6. Consent Letter from City 7. Disclosure of Ownership and Legal Description I8. Adjacent Property Owners I9. Fee Agreement 10. Pre-Application Conference Summary 11. Traffic Impact Report - Submitted Under Separate Cover Iat Conceptual PUD Application 12. Utilities, Drainage and Soils Reports - ISubmitted Under Separate Cover to City Engineering Department I I I Iiv I I APPLICATION SUMMARY This application is for the following: 1 — Final Planned Unit Development (PUD) — Subdivision ' — Zoning to R/MF(A) PUD — PUD Variances (none required) — Special Review for Parking ' — Growth Management Exemptions — Residential Design Standards Condominiumization - Vested Rights — Waiver of Land Use and Building Fees - Interpretation of Park Development Impact Fee - Interpretation and Waiver of School Dedication Fee — Expedited Processing and Scheduling for 100% Affordable Housing — Any other approvals as determined by the City of Aspen Planning Office but not listed above. ' The Burlingame Seasonal Housing Project received Conceptual PUD approval from the Aspen City Council on January 25, 1999 by Resolution No. 7, Series of 1999, Exhibit 1. Submitted herein is the Final PUD application. PROJECT BACKGROUND AND DESCRIPTION The Music Associates of Aspen (MAA) are requesting approval for a 200 ' bed seasonal residential project proposed for an approximately 3.92 acre parcel known as Parcel B, Burlingame Ranch. Parcel B is located adjacent to Highway 82 just north of the Maroon Creek Club employee housing as shown on the Context Map herein. The project is proposed as a partnership between the Music Associates of Aspen (MAA) and the City of Aspen. The beds will be used by MAA music students in the summer and winter seasonal employees in the winter. ' The Burlingame Ranch property (218 acres approximately) was purchased by the City of Aspen in January, 1997. The MAA first approached City Council in December, 1996, about the possibility of a seasonal housing project on ' Burlingame. The MAA has taken the lead on this project because it critically needs replacement beds for approximately 178 music students presently being housed in the Grand Aspen Hotel which will be demolished. The replacement 1 • 1 beds are critical for the MAA to maintain its current level of students and ' programs, and do not represent any expansion of MAA students or programs. It is hoped the project can start construction approximately July 1, 1999 and be ready for occupancy by the start of the MAA summer season of June 1, 2000. To achieve this aggressive schedule, the MAA requests an expedited land ' use and building permit review schedule which is consistent with the City Council's policy to expedite 100% affordable housing projects. The MAA looks forward to working with City Council and City staff to expedite this exciting project and provide 200 beds of critically needed affordable housing for the community. 1 Project Description The project is a 200 bed seasonal residential project with accessory ' supporting uses. The Conceptual PUD review resulted in significant design improvements to the project and reenforced the design objectives of the project as follows: 1. Make the project and units as non-dormitory like as possible by having only 2 people per unit, small individual private bedrooms, and a small 1 kitchen. 2. Make the "development pod" as compact as possible to minimize the disturbance of the site. 3. Make the project as cost effective as possible by using modular construction and reducing the site disturbance cost. 4. Make the project as efficient as possible by learning from and improving upon the Marolt Ranch dormitory experience. , The project consists of small 2 story buildings clustered around a central "commons." An accessory "commons building" with a waiting area, laundry room, property manager office, property manager apartment, and storage is located on the commons. A building "envelope" for future music practice rooms has also been located on the commons. Parking is located on the perimeter of the project. During the Conceptual PUD review both a 2 story and 3 story building ' configuration was evaluated. Based on follow-up "field height pole studies" of the site, the applicant feels the 2 story building configuration is preferable for the following reasons: I 2 1 1 1. The 2 story buildings allow a lower berm height which will still provide adequate sound buffering and minimal project visibility from Highway I 82. I 2. The 2 story buildings reduce the bulk and mass of the buildings and make the buildings feel more "campus like" in this location. 3. The 2 story buildings allow small individual courtyards to be created with Ieach building cluster and all the building clusters to focus on the central "commons" of the project. 1 4. The 2 story buildings do not require a PUD variance for building height. - I The 2 story buildings have been designed as small "cottages" grouped into building clusters. Each building cluster will have individual courtyards and I all the building clusters will face the central "commons." The project will feel like a small college campus. Each cottage will be 4 units housing 8 people and only be 22'-4'/2" feet high. The cottages will be excavated down 7 to 10 feet I average so that the building height above existing natural grade will only be 12 to 15 feet average. A model of the site plan and the individual cottages will be presented by the applicant for public review. The applicant is very excited about I the design evolution of the project and feels an excellent design has been attained. I The project is quantified below and is illustrated by the Final PUD Drawings herein. I A. Building Summary 1. Typical Dwelling Unit Size 480 sf.± - Two bedrm/unit No. of Dwelling Units 100 units - 200 beds totals 1 48,000 sf.± I 2. Commons Building - Laundry, Waiting Area, Office, Storage and Mechanical 1,575 sf. I - Prop. Mgr. Apt. 700 sf. 2,275 sf.± 1 3. Future Music Practice Rooms 1.000 sf.± 4. Total Project Square Footage 51,275 sf± approximately 1 3 I B. Parking Summary Two (2) alternative parking plans are presented as part of this application for review and will be described in detail herein. The applicant is prepared to proceed with either plan, and the configuration/unit count of the buildings do not change with either plan. - Preferred Parking Plan "A" w/ 84 cars - Alternative Parking Plan `B" w/ 106 cars I. Project Transit, Traffic and Parking ' Transit. The project is located out-of-town, but is directly adjacent to Highway 82 and the Buttermilk transit center. As shown on the Neighborhood-Transit I Access Plan herein, the project is within an easy 5 - 10 minute walk to the Buttermilk transit center. Other transit incentives for the project include the following: • Highway 82 improvements by CDOT - Signalized cross-walk at Buttermilk transit center - Pedestrian underpass under Highway 82 • Convenient trail connections • Restrictive on-site parking • Restrictive parking management plan A pedestrian cross-walk is proposed for the future signalized intersection 1 at the Buttermilk transit center as shown on the Neighborhood-Transit Access Plan herein. Additionally, a pedestrian underpass is proposed under Highway 82 for the "Old Stage Road" area as shown on the Neighborhood-Transit Access Plan. Ralph Trapani, CDOT is scheduled to commence construction on both these improvements this summer and hope to have the improvements completed or at least "useable" by June 1, 2000, the occupancy date of the project. Both the signalized cross-walk and pedestrian underpass will allow direct and convenient access to the Buttermilk transit center. t The transit plan for the project is as follows: A. Summer - Interim and Long-Term. Because the MAA students have a relatively set schedule, the MAA will contract with RFTA to run bus service into the project. Off-hours student trips will be able to use the frequent RFTA bus service already running on Highway 82. Students (for off-hours trips) will be able to cross Highway 82 by using the signalized 1 4 I I cross-walk at the Buttermilk intersection and/or the pedestrian underpass under Highway 82. Ralph Trapani, CDOT, has indicated that the I Highway 82 improvements should be "usable" by the estimated June 1, 2000 occupancy date. Moreover, the units have been designed with small kitchens so that the students can do basic food shopping either in-town or Iat the AABC. I B. Winter - Interim and Long-Term. Winter transit is less straightforward because the winter employees have less predictable schedules. Because of this, no internal bus service is proposed. Winter employees, who will be I older, will have convenient access to the frequent RFTA bus and ski service already running on Highway 82. Employees will be able to cross Highway 82 by using the signalized cross-walk at the Buttermilk I intersection and/or the pedestrian underpass under Highway 82. Ralph Trapani, CDOT, has indicated that the Highway 82 improvements should be "useable" by the estimated June 1, 2000 occupancy date. Again, the Iunits have been designed with small kitchens so that the employees can do basic food shopping either in-town or at the AABC. IC. Off-Season - Interim and Long-Term. Same as winter above. ITraffic. A Traffic Impact Report for the project was prepared by MK Centennial, traffic engineers, and was submitted to the Planning Office as part Iof the Conceptual PUD application. As stated in the report, at this time, the only physical and legal access to the parcel is by Stage Court and Stage Road as I shown on the Neighborhood Plan herein. As stated in the report, the project is estimated to generate limited traffic due to its seasonal characteristics, convenient location adjacent to the proposed Buttermilk transit center and its I restrictive parking plan. Moreover, the seasonality of the project traffic fits nicely with the MCC traffic on Stage Road. In the summer, the MAA students will generate limited traffic on Stage Road which is when the MCC traffic is the highest. The report estimates the summer increase in traffic on Stage Road, at its peak time, will be a minimal 10%. In the winter, the winter employees are estimated to generate more traffic but this is when MCC traffic on Stage Road ' is the lightest. The report estimates the overall traffic on Stage Road in the winter will be approximately 40% less than the overall traffic on the road in the I summer at its peak time. The report estimates at no time, summer or winter, will the "level-of-service" rating for Stage Road and the Stage Road underpass be downgraded by the project's traffic. As demonstrated by the report, the Iseasonality of the project's traffic fits nicely with the MCC traffic on Stage I5 Road, and the project is estimate to generate limited traffic due to its seasonal 1 characteristics, location adjacent to the proposed Buttermilk transit center, and its restrictive parking plan. , Parking. Two (2) alternative parking plans are presented for review. The applicant is prepared to proceed with either plan, and the configuration/unit count of the buildings do not change with either plan. The parking plans are illustrated in the Final PUD drawings herein. A. Preferred Parking Plan "A" 51 "gated" spaces 25 "gated" and "stacked" spaces for infrequent use 76 8 visitor/guest spaces 84 total spaces ' 20 - 30 spaces off-site - See "Off-Site Parking Options" below. ' B. Alternative Parking Plan `B" 73 "gated" spaces I 25 "gated" and "stacked" spaces for infrequent use 98 8 visitor/guest spaces 106 total spaces C. Off-Site Parking Options Under Preferred Parking Plan "A" approximately 20 - 30 off-site 1 parking spaces may be needed in the winter. Off-site locations which were investigated include 1) airport intercept lot, 2) Buttermilk ski lot, 3) Truscott golf lot as described below. 1. Airport Intercept Lot. Scott Smith, airport manager, has recommended the ' intercept lot not be considered for off-site parking. In a January 26, 1999 e-mail to the Housing Office, he states that under the long-range plans of the airport, the current airport parking is proposed to be relocated and the intercept lot is the proposed location for airport long-term and employee parking, and rental car storage parking. He states that airport needs will I 6 i 1 • 1 take precedence over non-airport needs and feels there is simply no additional room for non-airport parking uses. ' 2. Buttermilk Ski Lot. This has been discussed with the Ski Co, but the seasonality of the two parking lots do not work. The project needs winter ' parking which is also the maximum parking time of the Buttermilk ski lot. 3. Truscott Golf Lot. This has been discussed with Dave Tolen and Lee Novack of the Housing Office, and Tim Anderson of the Recreation Department. All parties agree the Truscott golf lot appears to be the most feasible off-site location at this time. The Truscott golf lot is approximately 120 spaces of which a minimum of 40 spaces are required in the winter for Nordic skiers. The remaining 80 spaces in the winter are proposed to be used jointly by Marolt Ranch and Burlingame. Marolt Ranch has already used the Truscott golf lot for off-site parking for the ' past two winters. By combining Marolt and Burlingame, it becomes economical to install an access gate, secure and maintain the 80 car parking area in the winter time. In the summer time, the gate and security ' improvements would be removed and the total lot would be available for golfers. Marolt and Burlingame would pay the Recreation Department $8,000 per winter season for the 80 spaces. The Truscott golf lot makes sense for the following reasons. ' A. The seasonality of the two operations match perfectly. Moreover, Marolt Ranch has used the Truscott golf lot the past two winter seasons for off-site parking as already noted. B. By combining Marolt and Burlingame winter parking needs, the two projects can economically afford to make security and maintenance improvements to the Truscott golf lot for winter use. C. Based on discussions with the Housing Office, the Marolt- Burlingame winter use of the golf lot does not interfere with the proposed expansion plans for Truscott Place. D. The Recreation Department will receive $8,000 a winter in ' revenues. I 7 1 I Parking Management Plan Under either parking alternative, the Burlingame property manager will I be asked to experiment with different parking management techniques to encourage transit use and discourage automobile use. Based on discussions with the Marolt Ranch property managers, the following parking management I techniques are proposed. 1. Parking Fees. Differential parking fees will be charged. Suggested I preliminary fees are given below and may be adjusted by the property manager. I a. Gated Main Lot - Regular space - $75/month b. Gated Main Lot - Stacked space - $40/month I c. Off-Site Parking - Free Residents who " purchase" a gated main lot space will receive a parking sticker for their car and a remote control device to open the gate. The 1 remote control device will be numbered and registered to the resident. No parking fee will be charged in the summer because summer parking is not a problem and MAA students generate limited automobile trips. I 2. A remote control gate will restrict access to the main parking lot so I parking can be controlled and monitored as outlined above. 3. The parking fees will be used to off-set the cost of on-site parking I enforcement and towing, and the off-site parking improvements and payment to the Recreation Department for the Truscott golf lot. 4. Visitor/guest parking will be contained to the 8 spaces outside the gated main lot. Visitor parking will be clearly signed and enforced with towing I and booting. 5. Units will be allocated among students and employees who have no car I or can share a car. 6. The project can offer discounted seasonal RFTA bus passes. I 7. Project bicycles will be made available for free and tested on a "use and I return" honor system. 8. Bus service will be provided as discussed herein. 8 i I I9. Direct and convenient trial access is provided to the Buttermilk transit center. 1 10. The property manager will be a year-round position and an on-site property manager apartment has been provided. The property manager Iwill have authority to manage and adjust the parking management plan as appropriate. 1 Marolt Ranch Parking Experience 1 To evaluate the two parking alternatives, it is beneficial to review the Marolt Ranch parking experience. 1 1. Marolt Ranch has 49 "gated and permitted" parking spaces and no visitor/guest spaces. I2. Summer occupancy is 300 residents between music students (278) and year-round residents (12). Summer parking is not a problem. Most MAA Istudents arrive to town without cars. 3. Winter occupancy is less, from 200-220 residents, because most winter I employees choose not to sleep 3 people per unit which is extremely crowded for a 6 month winter season. 1 4. Winter parking has proved to be a problem. The property managers estimate the 200-220 winter employees generally result in approximately cars. Forty-nine (49) cars are parked on-site with a permit system I100 and off-site parking is offered at the MAA Castle Creek lot and the Truscott golf lot. Based on the property managers records for the '97 and I '98 winter seasons, approximately 20 - 30 cars used the MAA Castle Creek lot and 10-20 cars used the Truscott golf lot. The property managers feel the Truscott golf lot could be used more effectively if it Iwas gated, secured and better maintained in the winter. 5. An on-going problem has been illegal parking in the near-by Castle IRidge apartments, health and human services building, hospital and Castle Creek Terrace senior apartments. 1 In summary, both the Marolt Ranch and Burlingame projects will have approximately the same winter occupancy of 200± employees. The Marolt IRanch property managers recommend the Burlingame project try to 9 1 I I accommodate 100 cars either on-site or in an on-site/off-site combination to I meet the winter parking estimate. Summer parking will not be a problem. I Design Team Recommendation - Preferred Parking Plan "A" The Design Team prefers Parking Plan "A" for the following reasons: I 1. It allows "testing" the winter parking needs of the project without paving I too much of the project upfront. Parking is only a winter issue. Summer parking will be ample under Plan "A." I 2. The Burlingame site plan is designed to accommodate future parking expansion (Parking Plan "B") if parking expansion is determined to be II after "testing" for 2-3 winters. 3. It allows "testing" on-site and off-site parking management techniques. I ,Lj 4. Restricting on-site parking should encourage greater transit use. I 5 By combining Marolt Ranch and Burlingame, "better" off-site winter \ " parking can be provided at the Truscott golf lot and revenue can be raised for the Recreation Department. I 100% AFFORDABLE HOUSING REQUESTS OF CITY COUNCIL 1. Request for Expedited Land Use and Building Permit Review: Because I this is an 100% affordable housing project and the MAA/community benefit of having the project ready for occupancy by June 1, 2000; the I applicant requests priority in processing through staff and referral agencies; for priority in scheduling on P&Z and City Council agendas; and to hold joint P&Z and City Council meetings. Priority processing and I scheduling for 100% affordable housing projects has been a long-standing policy of City Council to assist the production of affordable housing. 2. Request for Expedited Construction: In order to meet an aggressive!, ' construction schedule, the applicant requests permission to undertake site preparation, excavation and utilities work in the early summer of 1999 1 after the Final PUD Plat is recorded, but prior to the issuance of a full building permit; and undertake foundation work (with a foundation I 10 I I permit) prior to the issuance of a full building permit. The objective is to make every effort to have the units ready for occupancy by June 1, 2000. IThe preliminary construction schedule is the following: 1 May/June - Start modular construction off-site July 1 - Start site preparation, excavation and utilities I Aug/Sept - Start foundations Oct/Nov - Set the modular units Nov-May - Finish the units I April/May - Start landscaping and site finishes June 1, 2000 Occupancy 1 3. Request for Wavier of Land Use and Building Permit Fees: The waiver of land use and building permit fees for 100% affordable housing projects has been a long-standing policy of City Council to assist the production Iof affordable housing. 4. Request for Waiver of Water Tap Fees: The waiver of water tap fees for I 100% affordable housing projects has been a long-standing policy of City Council to assist the production of affordable� ousing. I Interpretation o�Development Impact Fee: The Park 5. Request for Development Impact Fee for the project is $275,225 calculated using the I "2-bedroom standard" of Sec. 26.44.060 as follows: 100 units - 2 bedrooms, typical units @ $2,725/unit = $275,500 1 unit - 2 bedroom, prop mgr apt. @ $2,725/unit = $ 2,725 s 101 units - 202 beds total $2715225 Ms\Q u IC4i The applicant argues the "2-bedroom standard" is not the appropriate standard to calculate the fee. From its inception, the project has always • been approximately a 200 bed seasonal housing project. The applicant Idownsized from a 4-bedroom unit configuration to a 2-bedroom unit , \ configuration to significantly improve the quality and privacy of the 1 units. The applicant is now being�enalized $90,800 in increased Park Id 1 Development Impact Fee for the 2-bed unit configuration which all rls)p I I * 41 x:4 W i ‘II.,,`V‘.400 02 , t N 11 I I parties agree is significantly more desirable than the 4-bedroom unit I configuration. Using the prior 4-bedroom unit configuration, the Park Development Impact Fee would be as follows: I 50 units - 4 bedrooms unit @ $3,634/unit = $181,700 1 unit - 2 bedroom, prop. mgr. apt @ $2,725/unit = $ 2,725 I 51 units - 202 beds total $184,425 In both cases, the project contains the same number of 202 total beds. I The applicant therefore requests the Park Development Impact Fee be calculated on the "more lenient" 4-bedroom unit configuration or be I $184,425 as calculated above. 6. Council Interpretation that there is no School Impact Fee or School Land 111 Dedication because the project is seasonal dormitory project. The School Impact Fee (Sec 26.88.040.6.c.(1)) for the project would be $58,958.33. A ( This is a seasonal dormitory project which will generate no school I impacts. The applicant therefore requests the School Impact Fee be ,\`�'d0 waived which is permitted under Sec. 26.88.040.6.c.(1) for dormitory I units. 7. Request for Grading and Landscaping License Agreement. This will I permit grading, berming, and landscaping on surrounding land owned by the City. A draft of the License Agreement is give in Exhibit 5 herein. ize Units. This will permit the sale of units to I 8. Request to Condominium p employers at the discretion o ity Council. A Condominium Plat in compliance with Aspen Munici 1 Code will be filed prior to the sale of I any units. 4 ° I I I I I 12 i I CONCEPTUAL PUD APPROVAL RESOLUTION NO. 7, SERIES OF 1999 pp The "conditions of approval" of Resolution No. 7, Series of 1999, in Exhibit 1, are addressed below: 1. The City's land use action on this application are subject to annexation. Failure to annex this property shall render the land use action by the City void. The applicant understands the land use approvals for the project are ' subject to annexation of the property. 2. The Final PUD application shall include: ' a. an application for Final PUD, Subdivision, Rezoning, Special Review, Growth Management, and Residential Design Standards. A pre- application conference with a member of the Community Development Department is required prior to submitting an application. A pre-application conference was held on March 2, 1999. b. delineation of all dimensional provisions to become requirements of the PUD. This includes any and all variations. ' See Final Plat Drawings herein. R/MF(A) PUD dimensional provisions are delineated and no PUD Variances are required to the best knowledge of the applicant. ' proposed subdivision plat and a Lot Area analysis of the property for c. a propos p purposes of density and allowable floor area calculations, ' See PUD Lot Area Analysis and Final Plat Drawings herein. ' d. a transit plan addressing the interim and long-term conditions for the Summer, Winter, and Shoulder Seasons. See Transit Plan Description herein. e. a construction plan delineating minimal areas of construction activity and a plan to protect as much of a natural vegetation as possible. The plan shall also delineate any special provisions for site access and staging, any necessary Highway 82 traffic mitigation measures, a planned route for modular delivery (considering bridge heights, powerlines, etc.), a dust ' mitigation plan, provisions for contractor parking, and incentive programs for car pooling. 13 • i See Environmental Protection Plan drawing in the Final Plat Drawings ' herein. The preferred construction access of the applicant is to reopen Old Stage Road only for temporary construction access and allow only right-in and right-out turns. An application for temporary construction access has been submitted to Ralph Trapani of CDOT. If temporary construction access using Old Stage Road is not permitted by the City or , CDOT, the modular contractor has already driven Highway 82 and Stage Road to check for modular access, and did not encounter any physical problems that would prevent using Stage Road. The applicant also wishes to highlight that Stage Road is the only legal and physical access to the property recognized by CDOT at this time. A final construction access plan will be submitted to the Planning Office prior to the P&Z Commission review based on comments from the City staff and CDOT. tion of the short-term and long-term maintenance of the site f. delineation g landscaping. There shall be submitted a plan or documents describing the on-going maintenance of all common areas and provisions which ensure ' landscape success for a three-year period. See Subdivision Improvements and PUD Agreement, and Grading and Landscaping License Agreement in Exhibits 4 & 5 herein. g. incorporation of an appropriate number of planting buffers in the parking areas. The requirements for said buffers are located in the Special Review section of the Land Use Code. The final application shall also delineate an appropriate amount of snow storage area. ' See Final Plat Drawings herein. 3. The applicant is encouraged to lower the berm heights to a necessary ' minimum. See Final Plat Drawings herein. 4. The applicant shall propose noise reduction construction techniques for the residences. A 30 dba reduction from exterior to interior is suggested. ' The applicant has retained a sound consultant to evaluate noise reduction construction techniques and their effectiveness and cost. The consultant's evaluation and recommendations will be reviewed with the Community ' Development Office and the Building Department prior to the Final PUD hearing before City Council. I 14 , • 1 5. With the Fire Marshall, the applicant shall investigate the ability to provide temporary vehicular and emergency access to the center of the proposed courtyard. A member of the City Planning Department is available to facilitate this discussion if desired. This has been done. See Final Plat Drawings herein. ' applicant is encouraged to identify with the aid of the City Engineer 6. The pp g all reports necessary for a full evaluation and submit those reports with the final application. Examples of typical information requested are a soils report and a drainage report. This will be done. Soils and drainage reports have been submitted to the City Engineer under separate cover. ' 7. The applicant is encouraged to submit a "mock-up" plat for review, submit with the final application a draft plat and draft Subdivision Improvements Agreement, and make the necessary amendments to said ' documents prior to second reading of the final Ordinance by City Council. "Mock-Up" Final Plat Drawings are submitted herein; and a "Draft" ' Subdivision Improvements and PUD Agreement is submitted in Exhibit 4 herein. ' 8. The applicant shall meet jointly with the City Council and the Planning and Zoning Commission to discuss site design issues prior to submitting a ' Final PUD Application. This was done on February 23, 1999. 1 15 I REQUEST FOR R/MF(A) PUD ZONING I The parcel is requested to be zoned R/MF(A) PUD I (Residential/Multi-Family (Annexed) Planned Unit Development.) The "Dimensional Requirements" of R/MF(A) PUD are given below: I Code Proposed Comment 1. Min. Lot Size 27,001 sf. 170,755 sf. I 3.92 ac. 2. Min. Lot Size 800 sf. per D.U. 1,707 sf. per D.U. I 3. Min. Lot Width 60 ft. 360 ft I 4. Min. Front Yard I- Prin. Bldg. 10 ft. 60 ft. - Acc. Bldg. 15 ft. 87 ft. 5. Min. Side Yard 5 ft. 10 ft. I 6. Min. Rear Yard I - Prin. Bldg. 10 ft. 10 ft. - Acc. Bldg. 5 ft. n/a 7. Max. Bldg. Height 25 ft. 22'-4'/2" ft. I 8. Min. Distance 10 ft. 10 ft. I Between Bldgs. 9. % Open Space 35 % 63% I of Building Site 10. External FAR 54,294 sf. FAR 51,275 sf. FAR See PUD Lot Area Analysis 11. Internal FAR n/a n/a I 12. Off-Street Parking 2 sp./d.u. or - See Special 202 spaces for 101 units Review Parking I I 16 I PUD Variances Requested No PUD Variances are required for the project based on the applicant's review of the R/MF(A)PUD zoning provisions. If the Planning Office's review of the project determines otherwise, the applicant will process the necessary ' PUD variances as determined by the Planning Office. PUD Lot Area Analysis The PUD Lot Area Analysis is calculated for the 3.92 acre parcel as follows: 1 3.63 ac. @ 0 - 20% slopes @ no density reduction .29 ac. @ 21 - 30% slopes @ 50% density reduction 3.92 ac @ total parcel ' 3.63 ac. @ .33:1 FAR = 52,180 sf. FAR Allowed .29 ac. @ .33:1 FAR=50% = 2,084 sf. FAR Allowed ' 3.92 ac. 54,264 sf. FAR Allowed • 54,264 sf. FAR Allowed • 51,275 sf. FAR Proposed l Review for Parking g ' As previously described, both the Marolt Ranch and Burlingame projects will have approximately the same winter occupancy of 200± employees. The ' Marolt Ranch experience indicate the 200± employees in the winter will generate approximately 100 cars. The Marolt Ranch property managers recommend the Burlingame project accommodate 100 cars either on-site or in an on-site/off-site combination for winter parking. Summer parking will not be a problem. The applicant has submitted two (2) alternative parking plans for review. The applicant is prepared to proceed with either plan, and the configuration/unit count of the buildings do not change with either plan. 17 GROWTH MANAGEMENT EXEMPTION FOR ' AFFORDABLE HOUSING AND ACCESSORY SUPPORTING USES in Growth Management applicant is requesting ement Exemption for the 100 g seasonal units (200 beds) and the accessory supporting uses; i.e. commons building, property manager apartment, and future music practice rooms. Similar to the Park Development Impact Fee discussion, the applicant feels the Growth Management Exemption should be "adjusted and based" on the 200 beds of the project versus the 100 units. The applicant feels the "100 unit exemption" may ' unduly penalize future affordable housing exemptions based on the belief that the small, seasonal 2-bedroom units are not the same "size nor impact of a typical 2-bedroom year-round AH unit." The applicant downsized from a _ 4-bedroom unit configuration to a 2-bedroom unit configuration to significantly improve the quality and privacy of the units; however, from its inception, the project has always been approximately a 200 bed seasonal housing project. Similar to the Park Development Impact Fee discussion, the applicant feels the Growth Management Exemption should be based on the prior 4-bedroom unit configuration resulting in a more lenient exemption of 50 units versus 100 units. This would not unduly penalize future affordable housing exemptions and more realistically recognize the 200 bed "seasonal housing character" of the project. RESIDENTIAL DESIGN STANDARDS ' The applicant feels this section of the Aspen Municipal Code was addressed during the Conceptual PUD review of the project. The Conceptual PUD review resulted in significant design improvements to the project which are incorporated in the Final PUD design of the project. CONDOMINIUMIZATION ' The applicant requests condominiumization of the units in order to give City Council the flexibility to sell units to area employers. A Condominium Plat will be prepared in accordance with Section 26.88.070 of the Aspen Municipal Code prior to the sale of any units. ' 18 1 • ' VESTED RIGHTS ' The applicant requests Vested Rights in accordance with Section 26.52 of the Aspen Municipal Code. 1 1 1 1 19 1 1 1 1 1 1 1 i 1 1 1 1 � EXHIBITS 1 1 EXHIBIT 1 RESOLUTION NO. 7 (SERIES OF 1999) A RESOLUTION OF THE ASPEN CITY COUNCIL GRANTING CONCEPTUAL PLANNED UNIT DEVELOPMENT APPROVAL FOR THE "BURLINGAME SEASONAL AFFORDABLE HOUSING PROJECT" PROPOSED AT THE NORTH EAST CORNER OF THE HIGHWAY 82 AND OWL CREEK ROAD INTERSECTION,WITHIN THE BURLINGAME RANCH PARCEL, PITKIN COUNTY, COLORADO. Parcel No. 2735.024.09.851 WHEREAS,the Community Development Department received an application from the City of Aspen, owner and applicant represented by.Curtis and Associates and Baker and Associates on behalf of the Music Festival and School and Aspen Skiing Company, for Conceptual Planned Unit Development approval for a 69 residential unit, 203 bed, seasonal housing facility to be located near the intersection of State Highway 82 tand the Owl Creek Road intersection, at a site commonly referred to as "parcel B," within the undivided Burlingame Ranch parcel as described in Exhibit A attached hereto; and, WHEREAS, attached to this Resolution as Exhibit B is a site plan conceptually 1 illustrating the proposed land uses, building placements, landscaping, and accessways for the Burlingame Seasonal Housing project; and, WHEREAS, considering concerns raised by the Planning Commission during the December 15, 1998, meeting and other constraints, the applicant amended the proposed development configuration as depicted in Exhibit C; and, WHEREAS,Burlingame Ranch currently lies entirely within Pitkin County and any land use approvals granted by the City of Aspen for this parcel are subject to annexation into the City of Aspen; and, WHEREAS,pursuant to Section 26.84, Planned Unit Development, of the Aspen ' Municipal Code, designation of land as Planned Unit Development and development of land designated Planned Unit Development may be granted conceptual approval by the City Council at a duly noticed public hearing after considering recommendations by the Community Development Director,the Planning and Zoning Commission, the appropriate referral agencies, and members of the general public; and, WHEREAS,the Fire Marshall, Aspen Consolidated Sanitation District, the City Water Department, City Engineering, Parks Department, the City Transportation Planner, the Pitkin County Airport Administrator, the Pitkin County Planning Department, and the Community Development Department reviewed the proposal and recommended approval with conditions; and, WHEREAS, during a continued meeting on January 12, 1999, the Planning and Zoning Commission recommended, by four to two (4 to 2) vote,that the Aspen City Council approve the Conceptual Planned Unit Development for the Burlingame Seasonal Resolution No. 7, Series of 1999 Page 1 1 1 special provisions for site access and staging,any necessary Highway 82 traffic mitigation measures,a planned route for modular delivery(considering bridge heights,powerlines, 1 etc.),a dust mitigation plan,provisions for contractor parking,and incentive programs for carpooling; f.delineation of the short-term and long-term maintenance of the site landscaping. There shall be submitted a plan or documents describing the on-going maintenance of all common areas and provisions which ensure landscape success for a three-year period; g. incorporation of an appropriate number of planting buffers in the parking areas. The Irequirements for said buffers are located in the Special Review section of the Land Use Code. The final application shall also delineate an appropriate amount of snow storage I 3. area. The applicant is encouraged to lower the berm heights to a necessary minimum. 4. The applicant shall propose noise reduction construction techniques for the residences. A 30 dba reduction from exterior to interior is suggested. 5. With the Fire Marshall,the applicant shall investigate the ability to provide temporary vehicular and emergency access to the center of the proposed courtyard. A member of the r City Planning Department is available to facilitate this discussion if desired. 6. The applicant is encouraged to identify with the aid of the City Engineer all reports necessary for a full evaluation and submit those reports with the final application. Examples of typical information requested are a soils report and a drainage report. 7. The applicant is encouraged to submit a"mock-up"plat for review,submit with the final application a draft plat and draft Subdivision Improvements Agreement,and make the necessary amendments to said documents prior to second reading of the final Ordinance by City Council. 8. The applicant shall meet jointly with the City Council and the Planning and Zoning Commission to discuss site design issues prior to submitting a final PUD application. 1 Section 3: ' 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, and 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 4: 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 5: 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 Resolution No. 7, Series of 1999 Page 3 SCHEDULE A-OWNER'S POLICY * PO) Xi 103 orr b�F A IfASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER CT-9429C3 01/16/97 11:35 A.M. S 2,625, 000.00 1312-70515 1. NAME OF INSURED: 11 CITY OF ASPEN, COLORADO, A COLORADO MUNICIPAL CORPORATION 112. THE ESTATE OR INTEREST IN THE LAND HER= AND WHICH IS COVERED BY THIS POLICY IS: IIIN FEE SIMPLE 3 . THE ESTATE OR INTEREST REFERRED TO HER= IS AT DATE OF POLICY VESTED IN: CITY OF ASPEN, COLORADO, A COLORADO MUNICIPAL CORPORATION r 4. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF PITEIN, STATE OF COLORADO AND IS DESCRIBED AS PCLLOWS: LOTS 6 AND 18 , SECTION 2 , 10 SOUTH, RANGE 85 WEST OF THE- 6TH P.M. LOTS 1, 7, 8 , 9 , 10 , 16 , 17, 18 , 19, 20 AND 21, SECTION 3 , TOWNSHIP 10 SOUTH, RANGE 85 WEST CF THE 6TH P.M. EXCEPTING THEREFROM THE FOLLOWING PARCELS OF LAND AS DESCRIBED IN: BOCK 166 AT PAGE 152, BOOK 176 AT PAGE 611, 300K 176 AT PAGE 318 , BOOK 178 AT PAGE 524 , BOOK 131 AT PAGE 320 , BOOK 185 AT PAGE 150 , BOCK 135 AT PAGE 199, BOOK 195 AT PAGE 517, BOOK 199 AT PAGE 557, BOOK 202 AT PAGE 270 , BOCK 213 AT PAGE 113 , BOOK 225 AT PAGE 154, BOOK 243 AT PAGE 773 , BOOK 243 AT PAGE 777, BOOK 294 AT PAGE 943 , ' BOOK 302 AT PAGE 687, BOOK 322 AT PAGE 976, BOOK 323 AT PAGE 639, BOOK 335 AT PAGE 369, BOOK 335 PAGE 380 , BOOK 335 AT PAGE 383 , BOOK 351 AT PAGE 144, BOCK 742 AT PAGE 450 AND THAT PARCEL EXCEPTED IN THE DEED RECORDED IN BOOK 188 AT PAGE 462 . 1 1 IPITK=N COUNTY TITLE, INC. 601 E. HOPKINS AVE. 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' 1. .-',/.7.-=7-;:::•:"-----___---. ""--•---.•-•.:•.-----:;:--- '..-.:: ,.,,,,,,c...... LI a ,R, .,, ., / __.r• ,_ ._ wartio gr u .--! 11\ .•••• ••7...... .............. ,,.....'...•••■•• . •1 , _ , ' . ' • .,...-. ,._,.. .‘ --7"r_..,„, ,.„• -.'. r•-• .' :.„, ,... '. ... , ,..i, (. (•'•.---- . .,' ._ ..... .. . ' ,. 1....,,.. -••••,...-_,' ...t.......-• .;4....'' '.. -'.- . ', ,.:- .,--••:"..-::1: ::-..• -::-..''..-2 . \-.-..---_... _...,....... ........ ...,,. ....• . ..'-''",;:.,. .L.::•_•: :,.;<.';#' . ,./7::::Y...•'•..- -::_::1_11•••--TT-S.•-• ,---- --': . • • . ' .•• ; ILAND USE APPLICATION EXHIBIT 2 PROJECT: Name: Burlingame Seasonal Housing PUD . Location: SH 82 near Buttermilk and Old Stage Road I (Indicate street address, lot& block number,legal description where appropriate) APPUCANT: IName: Music Associates of Aspen (MAA) Address: 7 Music School Road, Aspen. CO 81611 IPhone#: 970-925-3254 REPRESENTATIVE: Name: Jim Curtis IAddress: 100 E. Fjynjn Avenue, Aspen, CO 81611 Phone#: 970-920-1395 IITYPE OF APPLICATION: (please check all that apply): 0 Conditional Use 0 Conceptual PUD 0 Conceptual Historic Devt. I © Special Review © Final PUD(&PUD Amendment) 0 Final Historic Development 0 Design Review Appeal E Conceptual SPA 0 Minor Historic Devt. I 0 GMQS Allotment 0 Final SPA(&SPA Amendment) 0 Historic Demolition © GMQS Exemption ® Subdivision 0 Historic Designation I E ESA- 8040 Greenline, Stream [x] Subdivision Exemption(includes 0 Small Lodge Conversion/ Margin,Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane Lot Split ❑ Temporary Use ® Other: As determined II 0 Lot Line Adjustment M Text/Map Amendment by Planning Office EXISTING CONDITIONS: (description of existing buildings,uses,previous approvals,etc.) Parcel is undeveloped. Conceptual PUD approval granted. I PROPOSAL: (description of proposed buildings,uses,modifications,etc.) Seasonal residential housing project of 200 beds and accessory supporting uses. I Have you attached the following? FEES DUE: $ I © Pre-Application Conference Summary ® Attachment#1, Signed Fee Agreement © Response to Attachment#2,Dimensional Requirements Form I © Response to Attachment#3,Minimum Submission Contents E Response to Attachment#4, Specific Submission Contents © Response to Attachment#5,Review Standards for Your Application EXHIBIT 3 ATTACHMENT 2 IDIMENSIONAL REQUIREMENTS FORM I Project: Burlingame Seasonal Housing PUD Applicant: Music Associates of Aspen (MAA) Location: SH 82 near Buttermilk and Old Stage Road Zone District: R/MF (A) PUB - Proposed Zoning Lot Size: 3.92 Ac. Lot Area: See Final PUD Application - Lot Area Analysis I (for the purposes of calculating Floor Area,Lot Area may be reduced for areas within the high water mark,easements,and steep slopes.Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: n/a Proposed: n/a I Number of residential units: Existing: 0 Proposed: 101 Number of bedrooms: Existing: 0 Proposed:: 202 Proposed%of demolition(Historic properties only): n/a IDIMENSIONS: IFloor Area: Existing: - Allowable: 54,264 Proposed: 51,275 Principal bldg. height: Existing: - Allowable: 25' Proposed: 23' + IAccess. bldg. height: Existing: - Allowable: 25' Proposed: 231 + On-Site parking: Existing: - Required: Sp•Rev• Proposed: 84 I % Site coverage: Existing: - Required: - Proposed: 37% % Open Space: Existing: - Required: 35% Proposed: 63% IFront Setback: Existing: - Required: 10' Proposed: 60' Rear Setback: Existing: Required: 10' Proposed: 10' ICombined F/R: Existing: - Required: - Proposed: - Side Setback: Existing: - Required: 5 Proposed: 10 I Side Setback: Existing: Required: 5 Proposed: 10 Combined Sides: Existing: - Required: - Proposed: - 1 Existing non-conformities or encroachments: None I Variations requested: Special Review For Parking I I I I EXHIBIT 4 I REVIEW DRAFT ONLY 4/27/99 I SUBDIVISION IMPROVEMENTS AND PUD AGREEMENT FOR BURLINGAME SEASONAL HOUSING SUBDIVISION AND PUD ITHIS SUBDIVISION IMPROVEMENTS AND PUD AGREEMENT is made and entered into this _ day of , 1999, by and between THE CITY OF ASPEN, I COLORADO, a municipal corporation (hereinafter referred to as "City"), and BURLINGAME SEASONAL HOUSING, INC., a Colorado non-profit corporation (hereinafter referred to as "Owner"). WITNESSETH IWHEREAS, Owner has submitted to the City for approval, execution and recordation a Final Plat of a tract of land situated within the City of Aspen, Colorado and I more particularly described on Exhibit A attached hereto and made a part hereof by this reference (hereinafter referred to as the "Final Plat"), and said property being hereafter designated as "Lot 2,Burlingame Seasonal Housing Planned Unit Development(P.U.D.)" I (hereinafter referred to as the "Project"); and WHEREAS, City has fully considered the Final Plat, the proposed development Iand improvement of the lands therein, and the effects of the proposed development and improvement of said lands on other adjoining or neighboring properties and property Iowners; and WHEREAS, City has imposed certain conditions and requirements in connection I with its approval, execution and recordation of the Final Plat, such matters being necessary to protect, promote and enhance the public welfare; and I WHEREAS, Owner is willing to acknowledge, accept, abide by and faithfully perform the conditions and requirements imposed by City in approving the Final Plat; and 1 WHEREAS, under the authority of Section 7-1005(C and D) of the Aspen Municipal Code, City is entitled to assurance that the matters hereinafter agreed to will Ibe faithfully performed by Owner. NOW, THEREFORE, for and in consideration of the premises, the mutual I covenants herein contained, and the approval, execution and acceptance of the Final Plat for recordation by the City, it is mutually agreed as follows: I I I Ie. Installation of site drainage improvements in accordance with the Grading and Drainage Plan attached to the Final Plat. If. Installation of grading, landscaping and irrigation in accordance with I the Landscape Plan attached to the Final Plat. f all site improvements in accordance with the Final Plat g. Installation of p Idrawings. 2. A construction schedule and cost estimate for the above-described Iimprovements is given in Exhibit B. 3. Owner agrees to complete the grading, landscaping and irrigation for the Project in accordance with the Landscape Plan attached to the Final Plat in as logical a sequence as possible in relation to the completion of the above-described improvements, I but in no event later than one (1) year after the date of issuance for the Certificate of Occupancy for the Project. I 4. The grading, landscaping and irrigation improvements for the Project as shown on the Landscape Plan attached to the Final Plat encompasses lands owned by the Owner and adjoining land owned by the City of Aspen. Owner and the City of Aspen 1 have executed a "Grading and Landscaping License Agreement," in Exhibit C attached hereto and made a part hereof by this reference, granting Owner the right to undertake said improvements on the City owned land in accordance with the Landscape Plan of the IFinal Plat. Said improvements on the City owned land shall be the responsibility of the Owner and comply with all the provisions, financial guarantees and warranties of this iSubdivision Agreement. 5. Owner shall be responsible for both the short-term and long-term I maintenance of the Project landscaping as shown on the Landscape Plan attached to the Final Plat. IShort-term landscape maintenance shall include, at a minimum, the following: a. The berm and all native landscaping are to be on a temporary system for spray irrigation during the first 3 years of establishment. I b. Planted trees and shrubs are to be on a permanent system for drip irrigation so that they can be watered as seasonally necessary. Ic. Removal of noxious weeds. I 3 I I the form of a cash escrow, an irrevocable bond, sight draft or letter of credit from a financially responsible lender. Said guaranty shall be delivered to the City before Owner I commences construction or installation of any of said Project improvements, shall be in a form acceptable to the City Attorney and the City Manager, and shall give City the I unconditional right, upon default by Owner, to withdraw funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any outstanding bills for work done thereon by any party, with any excess guaranty amount to be applied first to additional administrative or legal costs associated with any such default and the repair of any deterioration in improvements already constructed before the unused remainder, if any, of such guaranty is released to Owner. Provided, however, that Owner shall be given fourteen (14) days written notice of default prior to City's ability to make a call under the letter of credit. As portions of the improvements required are completed, the City Engineer shall inspect them, and upon approval and written I acceptance, he shall authorize the release of the actual cost as documented by invoices for that portion of the improvements; provided, however, that ten percent (10%) of the I estimated cost shall be withheld until all proposed improvements are completed and approved by the City Engineer, and with respect to landscaping improvements, an additional twenty-five percent (25%) of the estimated cost thereof shall be retained until I the landscaping improvements have been maintained in a satisfactory condition for three (3) years. I It is the express understanding of the parties that the procedure set forth in Section F below pertaining to the procedure for default and amendment of this Subdivision Agreement shall not be required with respect to the enforcement and implementation of Ithis financial assurance and guarantee to be provided by Owner as set forth above and required by Section 7-1005(C and D) of the Aspen Municipal Code. IIIE. Additional Requirements and Restrictions I Owner hereby agrees to the following "Additional Requirements and Restrictions" for the Project. 1 1. Execute the "Grading and Landscaping License Agreement," incorporated herein as Exhibit C, for the grading and landscaping located on the adjoining City of Aspen property as shown on the Landscape Plan attached to the Final Plat. n Impact Fee to the City in the sum of$ p 2. Pay a Park Dedicatio p ty prior to the issuance of a building permit. 3. Pay a Well Development Fee to the City in the sum of$ prior to the Iissuance of a building permit. 5 1 I I it may issue such orders as may be appropriate; provided, however, no order terminating any approval previously granted by the City Council shall be issued without a finding of 111 the City Council that substantial evidence warrants such action and affording the Owner a reasonable time to remedy such non-compliance. A final determination of non- compliance which has not been remedied or for which no variance has been granted may, at the option of the City Council, and upon written notice to the Owner, terminate any of such approvals which are reasonably related to the requirement(s) with which Owner has failed to comply. Alternatively, the City Council may grant such variances, extensions of time or amendments to this Subdivision Agreement as it may deem appropriate under the circumstances. In addition to the foregoing, the Owner or its successors or assigns may, on its own initiative, petition the City Council for a variance, an amendment to this Subdivision I Agreement or an extension of one or more of the time periods required for performance hereunder. The City Council may grant such variances, amendments to this Subdivision Agreement, or extensions of time as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City Council shall not unreasonably refuse to extend the time periods for performance if Owner demonstrates by a preponderance of the evidence that the reasons for the delay(s) which necessitate said extension(s) are beyond the control of the Owner, despite good faith efforts on its part to perform in a timely manner. G. General Provisions 1. The provisions hereof shall be bonding upon and inure to the benefit of Owner. and City and their respective successors and assigns. 2. This Subdivision Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. 3. If any of the provisions of this Subdivision Agreement or any paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstance is invalidated, such invalidity shall not affect the validity of the remainder of this Subdivision Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. 4. This Subdivision Agreement contains the entire understanding between the parties hereto with respect to the transactions contemplated hereunder and may be altered or amended from time to time only by written instruments executed by all parties hereto. 1 I IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. t CITY: CITY OF ASPEN, COLORADO, a municipal corporation By: Mayor Kathryn S. Koch, City Clerk APPROVED AS TO FORM: John Worcester, City Attorney IOWNER: BURLINGAME SEASONAL HOUSING,INC. a Colorado non-profit corporation iBy: ' Title: STATE OF COLORADO ) )§ COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this _ day of , 1999, by as Mayor and by Kathryn S. Koch as City Clerk of the City of Aspen, Colorado, a municipal corporation. Witness my hand and official seal. My commission expires Notary Public STATE OF COLORADO ) )§ • COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this _ day of 1999, by as of Burlingame Seasonal Housing, Inc., a Colorado non-profit corporation. Witness my hand and official seal. My commission expires Notary Public 1 1 9 I I EXHIBIT 5 1 GRADING AND LANDSCAPING LICENSE AGREEMENT THIS LICENSE AGREEMENT is made this day of , 1999, by and between THE CITY OF ASPEN, COLORADO,a Colorado municipal corporation(hereinafter "City"), and BURLINGAME SEASONAL HOUSING, INC., a Colorado non-profit corporation (hereinafter I "BSH"); IWITNESSETH: WHEREAS, BSH is the owner of that property located within the City of Aspen, Colorado I which is more particularly described in Exhibit A attached hereto and incorporated herein by reference (hereinafter"Property"); and WHEREAS, BSH intends to develop the Property for a seasonal housing project, which development includes the undertaking of specific grading and landscaping work on the Property and adjacent property as more particularly set forth in the Grading and Landscaping Plans of the I Burlingame Ranch Subdivision and Burlingame Seasonal Housing Project PUD Final Plat Drawings recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado in Plat Book at Page as Reception No. (hereinafter"Plans and Drawings"), which Plans and IDrawings are attached hereto as Exhibit B and incorporated herein by reference; and WHEREAS, the City is the owner of certain property located immediately adjacent to and I surrounding the Property as depicted in the Plans and Drawings which is contemplated to be graded and landscaped in conjunction with the adjacent Property (hereinafter"City Property"); and I WHEREAS, the City has acknowledged and agreed to the grading and landscaping of the City Property and desires to grant to BSH a license to enter onto the City Property for such purposes, subject to the terms and conditions set forth herein. INOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which 1 is hereby acknowledged, the parties agree as follows: I1. Grant of License. The City hereby grants to BSH,its successors and assigns,a license to enter onto the City Property, as depicted in the Plans and Drawings, for the installation and maintenance of trees, shrubs, grasses,plantings,berms,and other landscape features which shall be I designed to screen the buildings located on the Property, including any and all grading and earthmoving activities related thereto, and for the installation, maintenance and operation of such irrigation pipelines and systems as may reasonably be required in order to maintain such landscaping I elements (hereinafter"License"). All cost of design, installation, construction and maintenance of such landscaping and grading elements shall be borne solely by BSH. I 2. Compliance With Subdivision Improvements Agreement. The grading and landscaping improvements contemplated by this Agreement shall fully comply with any and all provisions, financial guarantees, and warranties contained in that Subdivision Improvements I I requirements shall be construed to limit this indemnity, which shall be effective to the maximum extent permitted by applicable law. A7. Taxes. The parties recognize that no taxes or assessments shall be imposed or levied on the City Property during the term of this License. 8. Amendment: Assignment.mendment: Assi This Agreement may be mutually amended by the parties g in writing and may not be assigned by either party unless approved of in writing by the other party. 9. Attorneys' Fees. In the event of any litigation concerning this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees. 10. Termination. This License shall terminate at such time as title in and to the Property reverts to the City upon final payment of that bond liability associated with the purchase of the Property and development of the Burlingame Seasonal Housing Project, or sooner upon the mutual written agreement of the parties. 11. Notices. All notices, demands and communications required hereunder shall be served or given to the respective parties at their respective addresses set forth below. Any notice, demand or communication shall be given by personal service or certified mail, return receipt requested with first class postage prepaid thereon, and unless sooner received shall be deemed to have been received three (3)days after the date of certification. The addresses of the parties hereto are as follows: City: City of Aspen c/o City Manager 130 S. Galena Street tAspen, CO 81611 BSH: Burlingame Seasonal Housing, Inc. c/o Freilich, Myler, Leitner& Carlisle 106 S. Mill Street, Suite 202 Aspen, CO 81611 12. Counterparts. This Agreement may be executed in counterparts and, as executed, ' shall constitute one agreement binding on all of the parties hereto notwithstanding that all said parties are not signatory to the original or same counterpart. 1 IN WITNESS WHEREOF, the City and BSH have executed this License Agreement on the day and year first written above. 1 - 3 - 1 EXHIBIT 6 roam. 1 THE CITY OF ASPEN OFFICE OF THE CITY MANAGER I ' October 14, 1998 Mr. Jim Curtis 300 E. Hyman Aspen, CO 81611 Re: Burlingame Ranch Development Application Dear Jim: This letter is to confirm that you and Tom Baker have the City of Aspen's permission to submit an application for development of the City owned Parcel B of the Burlingame Ranch property. Enclosed please find a policy of title insurance for the property which discloses the ownership of the subject property. •1n�erely, I Amy• azgerum City "anage/ cc: City Attorney Community Development Department JPW I0/14/98-G:\john\word\letters\curtis.doc I 1 1 130 Sotmi GALENA STREET • ASPEN,COLORADO 81611-1975 • PHONE 970.920.5212 • FAx 970.920.5119 1 ' - EXHIBIT 7 Q IOwner's Policy of Title Insurance Fidelity National Title Insurance Company Policy Number IA Stock Company • 1312 _ 70515 • I I IOWNER'S POLICY OF TITLE INSURANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS. FIDELITY NATIONAL TITLE INSURANCE COMPANY, a corporation, Iherein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount . of Insurance stated in Schedule .4. sustained or incurred by the insured by reason of II. Title to the estate or interest described in Schedule A being vested other than as stated herein: 2. Any defect in or lien or encumbrance on the title: 1 3. Unmarkerability of the title: 4. Lack of a right of access to and from the land. I The Company will also pay the costs. attorneys'fees and expenses incurred in defense of the title, as insured. but only to the extent provided in the Conditions and Stipulations. IIN WITNESS WHEREOF FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. I I IFidelity National Title insurance Company I BY / ,/,Ili ,,r dr ,+pOA,`t President SEAL �: ATtEST s -;.:,. ....._J� • ,�/ 1 t X t.a.s\ Q��Q J �l` v Secretary � I Countersigned: f I A,th ed Signature , t I ALTA Owner's Policy(10-17-92) FNTIC Form No. 1312(6/93) I SCHEDULE A-OWNER' S POLICY CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER IIPCT-9429C3 01/16/97 @ 11:35 A.M. $ 2,625, 000.00 1312-70515 1. NAME OF INSURED: CITY OF ASPEN, COLORADO, A COLORADO MUNICIPAL CORPORATION II2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS: IN FEE SIMPLE II3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: CITY OF ASPEN, COLORADO, A COLORADO MUNICIPAL CORPORATION 4. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF PITKIN, eSTATE OF COLORADO AND IS DESCRIBED AS FOLLOWS: LOTS 6 AND 18 , SECTION 2 , TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M. LOTS 1, 7, 8 , 9, 10 , 16, 17, 18 , 19, 20 AND 21, SECTION 3 , TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M. EXCEPTING THEREFROM THE FOLLOWING PARCELS OF LAND AS DESCRIBED IN: 1 BOOK 166 AT PAGE 152, BOOK 176 AT PAGE 611. BOOK 176 AT PAGE 318, BOOK 178 AT PAGE 524, BOOK 181 AT PAGE 320, BOOK 185 AT PAGE 150, BOOK 185 AT PAGE 199, BOOK 195 AT PAGE 517, BOOK 199 AT PAGE 557, BOOK 202 AT PAGE 270, BOOK 213 AT PAGE 113 , BOOK 225 AT PAGE 154, II BOOK 243 AT PAGE 773 , BOOK 243 AT PAGE 777, BOOK 294 AT PAGE 943 , BOOK 302 AT PAGE 687, BOOK 322 AT PAGE 976, BOOK 323 AT PAGE 639, BOOK 335 AT PAGE 369, BOOK 335 AT PAGE 380, BOOK 335 AT PAGE 383 , BOOK 351 AT PAGE 144, BOOK 742 AT PAGE 450 AND THAT PARCEL EXCEPTED IN THE DEED RECORDED IN BOOK 188 AT PAGE 462 . 1 PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. ASPEN, COLORADO 81611 (970) 925-1766/ (970) -925-6527 FAX THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET. 1 1 I . . . 1 POLICY NO. 1312-70515 CASE NO. PCT-9429C3 ISCHEDULE B-OWNERS --EXCEPTIONS--CONTINUED-- 13 . Avigation Easements granted to Pitkin County as set forth in instruments recorded October 4, 1958 in Book 185 at Page 239 and II Amendment thereto recorded December 19, 1958 in Book .186 at Page 217, in instrument recorded May 8 , 1963 in Book 202 at Page 272, August 12, 1963 in Book 203 at Page 264, September 22, 1977 in Book 335 at e Page 372 and re-recorded September 28, 1977 in Book 335 at Page 724, as set forth in Decree recorded September 7, 1979 in Book 375 at Page 475 and Decree recorded May 23 , 1979 in Book 369 at Page 386 . 114 . Easements and right of ways granted to Rocky Mountain Natural Gas Company, Inc. , in instruments recorded October 19, 1961 in Book 195 at Page 427, October 19, 1961 in Book 195 at Page 461. 11 15 . Easements and right of ways as granted to The Mountain States Telephone and Telegraph Company in instruments recorded September 29, 11 1966 in Book 223 at Page 133 , January 11, 1971 in Book 253 at Page 65 . 16 . Easement granted to Buttermilk Mountain Skiing Corporation in instrument recorded December 22, 1966 in Book 224 at Page 469 . 17 . Easements and right of ways for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc. , in instruments recorded August 11, 1969 in Book 242 at Page 634 , May 12, 1975 in Book 298 at Page 625 , February 25 , 1976 in Book 309 at Page 94 . 118 . All matters as contained in Airport Ranch-Pitkin County Water Use Agreement recorded September 19, 1977 in Book 335 at Page 441 . 119 . All matters as set forth in Letter from Pitkin County recorded October 11,1977 in Book 336 at Page 245 . 1 20 . All matters as set forth in Ditch Agreement recorded November 15, 1993 in Book 730 at Page 868 . 1121 . Easement as set forth in Easement Agreement recorded November 15 , 1993 in Book 730 at Page 902 . 22 . All matters as set forth in Agreement recorded November 15, 1993 in Book 731 at Page 52 . 23 . Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc. , in instrument recorded December 9, 1996 as Reception No. 399825 . EXCEPTIONS NUMBERED NONE ARE HEREBY OMITTED. • I 1 I1 1 1 FIDELITY NATIONAL TITLE 1 INSURANCE COMPANY E 11111 NH 1 1 1 1 _ en 1 Fidelity National Title Insurance Company 17911 Von Karman Avenue, Suite 500 Irvine, CA 92614-6253 1 1 1 I EXHIBIT 8 Adjacent Ownership to Burlingame Ranch 300' 1/ 1. Parcel No. 273503400040 Schedule No. 4117 I Craig R. Stapleton Stapleton Associates P.O. Box 1576 Greenwich CT 06836 2. Parcel No. 273502309052 Schedule No. 14466 Maroon Creek Apt. LP Pearce Equities 1 10 Club Cirde Aspen CO 81611 1 3. Parcel No. 273502309051 Schedule No. 14465 Maroon Creek LLC Maroon Creek Club House Pearce Equities 10 Club Circle Aspen CO 81611 4. Parcel No. 273502209055 ** Maroon Creek LLC Common Area Pearce Equities 10 Club Circle Aspen CO 81611 1 5. Parcel No. 273511209053 Schedule No. 14470 Maroon Creek LLC 10 Club Circle Aspen CO 81611 e 1/ The adjacent ownerships were compiled and submitted as part of the Conceptual PUD application and are correct to the best knowledge of the applicant. If requested by the Aspen Planning Office, the ® applicant will have Pitkin County Title Inc. update the list as of the date of the Final PUD application. 1 EXHIBIT 9 ' ASPEN/PTTKIN f : COMMUNITY DEVELOPMENT DEPARTMENT IAgreement for Payment of City of Aspen DevelnpnLgpt Application Fees I CITY OF ASPEN (hereinafter CITY)and Nick (hereinafter APPLICANT)AGREE AS FOLLOWS:. 1. APPLICANT has submitte $M I an application for (hereinafter, THE PROJECT). APPLICANT understands and agrees that City of Aspen Ordinance No. 49 (Series of 1998) 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. I 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 I 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 I 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 I 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. I5. 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 I amount of$ • which is for '• hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such I 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. I CITY OF ASPEN APPLICANT t l By: ICJ 1lie Ann Woods ii m©sa mrnunity Development Director Date: • IMailing Address: I I EXHIBIT 10 I CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Chris Bendon,920.5072 DATE: 3.8.99 PROJECT: Burlingame Seasonal AH Final PUD REPRESENTATIVE: Jim Curtis IOWNER: Music Associates of Aspen(MAA) TYPE OF APPLICATION: 2 step—Final PUD Review DESCRIPTION: Final Review for PUD,Subdivision,Rezoning,Growth Management Exemption for AH, ISpecial Review for Parking,Residential Design,and fee waivers. Land Use Code Section(s) 1 26.08 City Council Waiver of Land Use Fees 26.28.110 RMF-A Zone District 26.52 Common Development Review Procedure 26.52 Vested Rights 26.58 Residential Design Standards 26.64 Special Review for Parking I 26.84 Planned Unit Development- PUD Final 26.88 Subdivision 26.92 Map Amendment(Rezoning) 1 26.100 Growth Management Exemption by CC I Review by: Staff for Completeness,Development Review Committee(DRC),Planning and Zoning Commission, Growth Management Commission,City Council. Public Hearing: Yes, all three (Planner will provide applicant with more detailed schedule after application is I submitted)Applicant must post property and mail notice at least 10 days prior to hearing,or at least 15 days prior to the public hearing if any federal agency, state,county, municipal government, school,service district or other governmental or quasi-governmental agency owns I property within three hundred(300)feet of the property subject to the development application . Applicant will need to provide proof of posting and mailing with a affidavit at the public hearing(s). I Referral Agencies: Engineering,Environmental Health,Parks,Zoning,Fire Marshall, Water,ACSD, Building Department,Pitkin County Community Development Planning Fees: Planning Deposit Major($2,220) I Referral Agency Fees: Engineering,Major($320);Environmental Health Major($320);Housing, Major($320) Total Deposit: $3,180(additional hours are billed at a rate of$185/hour) ITo apply, submit the following information: 1. Proof of ownership. 2. Signed fee agreement. I 3. Applicant's name,address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 4. 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J u a Q iID- \ —ia Q -;I —110-- a 6 • C� t] i II I� / : �g z � W cn Z I ii J1 � < o ,.,.., A 1 t o r_ , g b p Q a U -. � � d I�mmmmrmr F�� rrn�rn—II , Q N 0 z u a - < ct � a Air= �= Q _J -i 5Cl1 rill In m ,I E m gc) CD< � z z . 1 z . QC Q b QC jr, C o � , G 2 ^ _ 2 OQ> 0 i = V a V a ii " se 1 . iiii il ml I"I �I` =1 J��►Illlil , 1 -Willi I' i , I -- t11- IIIiiII1� IiiiiijUillll muau Irlil ^ ^ : I_2 I �, IIIIIt hII1111iii1 _ II CC - I t I 1 111,11 11 al :=-::::= , Z - _ 1111 z F I I 1-1 � a 4 ZE o � I � �,I Q °` a ' 1 a �f"I�III !Ii1i�i►ii® a fN� > +irt > cc --- > W , I ' a Z �I - II' J to ! { J II li1i '� w .i. p i I II .I. oc W I H w v,I = U ; H 1111 W Q ■ I 11'1 U) o Q Q 0 ' W Q i N W LL• -i ! z I , °1° a a 1 a 0 ''' oft oia alb °I R1 ° ^ ° ° ct'a 0- + 0, d 0 0 d i „9- • MEMORANDUM DATE • June 28, 1999 TO • Aspen City Council FROM • Maroon Creek Limited Liability Company (Adjacent Landowner) RE • Objections to Final PUD Application--Burlingame Seasonal Housing I. JURISDICTION 111 The Burlingame Seasonal Housing Conceptual PUD Application was filed on or about October 29, 1998. At that time, the Burlingame Ranch property was not within the Aspen city limits. Accordingly, Pitkin County (not Aspen) had exclusive jurisdiction over all zoning and land-use decisions affecting the Burlingame Ranch property. The filing of the Burlingame Seasonal Housing application with Pitkin County would have required the City's application to be reviewed by an independent, governmental body. Instead, the City, in its capacity as the developer-applicant, chose to file its application with itself so that it could control land-use and zoning decisions affecting its own project. Colorado case law recognizes that the power to control land-use decisions affecting Burlingame Ranch would normally shift from Pitkin County to the City of Aspen after the City annexed Burlingame Ranch. See Bird v. City of Colorado Springs, 176 Colo. 32, 489 P.2d 324 (1971). In this case, the resolution annexing the Burlingame Ranch was not passed until May 20, 1999. Colorado statute has, however, established a means of simultaneously approving zoning/subdivision of land to be annexed in the future once a petition to • annex is filed. See § 31-12-115, C.R.S. Under this statutory scheme, the final zoning or land-use decision cannot take place until after the annexation is approved. The language of the statute, however, also clearly provides that the City of Aspen could not exercise jurisdiction and initiate land use or zoning proceedings until "after a petition for annexation . . . has been found to be valid in accordance with the provisions of § 31-12-107, C.R.S." See § 31-12-115, C.R.S. In this case, the petition for annexation was not even filed until January 20, 1999, or nearly three months after the City initiated proceedings and purported to exercise jurisdiction over its own application. The petition was not found to be valid in accordance with the provisions of § 31-12-107, C.R.S., until January 25, 1999. See Exhibits A and B. Therefore, all proceedings prior to the finding on January 25, 1999, that the petition complied with § 31-12-107, C.R.S., exceeded the jurisdiction of the City of Aspen. Under Colorado law, the City of Aspen could not proceed with any proceedings or meetings because it lacked jurisdiction prior to January 25, 1999. See Russell v. City of Central, 892 P.2d 432 (Colo.App. 1995) (recognizing that, if a city has no jurisdiction, the planning commission and city council could not proceed with land-use proceedings). For example., all PUD applications must first be reviewed conceptually by the 411, Planning and Zoning Commission. See Aspen Land Use Regulation Section 26.84.030(C). This prerequisite to final approval occurred prior to January 25, 1999, and, therefore, before the City had jurisdiction. As a result, the P&Z conceptual-review proceedings occurring prior to January 25, 1999, are completely void and without any effect whatsoever. Because the pending application has never gone through all of the required review and approval procedures provided under the Land Use Codes at a time when the City had the jurisdiction to act, granting final approval of the PUD at this point will clearly be void and subject to reversal by the Pitkin County District Court. See Gordon v. Board of County Commissioners of County El Paso, 152 Colo. 376, 382 P.2d 545 (Colo. 1963) (substantial compliance with statutory procedure prerequisite to lawful action by government entity; failure to comply with essential mandates of statute constitutes jurisdictional defect invalidating entire proceeding). 40 -2 ® II. THE CITY, IN ITS PROPRIETARY CAPACITY AS A DEVELOPER/LANDLORD, IS SUBJECT TO THE SAME REGULATIONS AS PRIVATE DEVELOPERS; AND ITS PUD APPLICATION FAILS TO MEET ALL STANDARDS, PROCEDURES AND CONDITIONS OF THE CITY'S LAND USE REGULATIONS A. Legal Standards. A planned development application must meet all standards, procedures and conditions of a planned development ordinance. See Ford Leasing Development Company v. Board of County Commissioners of Jefferson County, 186 Colo. 418, 528 P.2d 237 (Colo. 1974). The City of Aspen is subject to the same land-use regulations as a private developer. See Board of Commissioners ofLarimer County v. City of Fort Collins, 68 Colo. 364, 367, 189 P.929, 930 (Colo. 1920); Clark v. Town of Estes Park, 686 P.2d 777 (Colo. 1984). The Maroon Creek Club, as the adjacent landowners whose interests are affected by the development, has the right to insist that the City follow its own zoning and land-use requirements. McArthur v. Zabka, 177 Colo. 337, 494 P.2d 89 (Colo. 1972). An injunction is recognized as an appropriate remedy for violations of zoning ordinances. City of Englewood v. Kingsley, 178 Colo. 338, 497 P.2d 1004 (Colo. 1972); City and County of Denver v. Chuck Ruwart Chevrolet, Inc., 32 Colo.App. ® 191, 508 P.2d 789 (Colo.App. 1973). B. The Project Fails to Meet Open-Space Requirements. Although the application misrepresents that the project complies with the open-space requirements of the PUD Land-Use Regulations, the City unequivocally admits in a memorandum dated May 18, 1999, from the City Zoning Officer that there is absolutely no open space at the project as defined under the land use regulations. In particular, the City admits that "the Municipal Land Use Code excludes from open space calculations areas more than four feet above, or two feet below, the existing grade of the street which abuts the open space. Due to the proposed significant regrading of the parcel, the entire parcel does not technically meet the open-space criteria." (Emphasis added) See Exhibit C. Although the City admits that its project does not meet the same open- space requirement that it imposes on private citizens and developers, the City nevertheless purports to grant itself a "variance" completely eliminating the requirement for open space. The City, however, has no jurisdiction or authority to -3- • arbitrarily and capriciously ignore the clear and unambiguous language of the land- use regulations. See Lombardi v. Board of Adjustment (Zoning) of City and County of Denver, 675 P.2d 21 (Colo.App. 1983) (recognizing that words in a zoning ordinance must be given their ordinary and generally-accepted meaning); see also Anderson v. Board of Adjustment for Zoning Appeals, 931 P.2d 517 (Colo.App. 1996) (recognizing that a reviewing court is not bound by interpretation of zoning ordinance by municipal zoning body if there is no competent evidence to support an interpretation or if the decision misconstrues or misapplies an ordinance). Despite the City's purported granting of the variance, it is simply impossible under the clear and unambiguous terms of the land-use regulations to grant a variance that provides for zero open space as defined by the Municipal Land Use Code. In particular, the Code provides that a variation in minimum open space may be permitted if such variation would not be detrimental to the character of the proposed PUD and if the proposed development shall include open space for the mutual benefit of all development in the proposed PUD through a common • park or recreation area. (Emphasis added) In this case, it is impossible for the City to meet the standards for granting a variance because it has admitted that there is zero open space "for the mutual benefit of all development in the PUD" as required to grant a variance. The Maroon Creek Club will have the right as an interested party to enjoin the project for this reason alone. C. The City Has Not Complied With the Requirements for Reducing Required Off-Street Parking. The City also purports to allow a reduction in the number of off-street parking spaces. The Code, however, requires assurance that the nature of the occupancy will not change if the number is reduced. There is nothing in the conditions indicating that the City has assured itself through deed restriction or otherwise that the nature of the occupancy will not change over time. In fact, the nature of the occupancy changes within each individual year (music students versus general employees). I • -4- • D. The City Has Failed to Demonstrate Legal Access Through New Stage Road for the Burlingame Housing Projects. Under the City of Aspen Land Use Regulations, developers must demonstrate legal access for the project being reviewed. There is currently pending a lawsuit filed by the Maroon Creek Club titled Maroon Creek Limited Liability Company, a Colorado Limited Liability Company, Plaintiff, v. The City of Aspen, a Colorado Municipal Corporation, and the Music Associates of Aspen, a Colorado non-profit corporation, Case No. 99CV76-3, currently pending in Pitkin County District Court (the "Maroon Creek Club Litigation"). In the Maroon Creek Club Litigation, the Maroon Creek Club challenges the City's use of New Stage Road as the primary access for the Burlingame Projects because such use would unduly interfere with the Maroon Creek Club's reserved easements. In other cases where litigation is pending between private parties regarding the right of the applicant to utilize a particular road, the community development department has not allowed the application to proceed until after the private dispute is resolved. In this case, however, the City of Aspen is allowing its own application to go forward notwithstanding the fact that there is pending litigation challenging the right of the MAA and the City of Aspen to use New Stage Road as • the sole access. In its Conceptual PUD Application, the applicant represented that "the only physical and legal access to the parcel is by Stage Court and (New Stage) Road." Later, in its Final PUD Application, the applicant changes its position and states that "CDOT has approved only the New Stage Road access." Both statements are misleading. As admitted by the City in a memorandum from the City Engineer dated May 21, 1999, Old Stage Road is a public right of way. See Exhibit D. At the time the Maroon Creek Club agreed to publicly dedicate New Stage Road for limited and reasonable public use, the Maroon Creek Club and Pitkin County intended and contemplated that New Stage Road and the North and South Underpass Roads to Highway 82 would function only as a "local" public street given the limited travel levels it would serve which included only (a) a limited number of existing single- family houses located along Stage Road and (b) the potential limited development that could occur under then-existing zoning regulations which allowed the • -5- ® development of only one house per every two acres. It was never intended or contemplated that New Stage Road and North and South Underpass Roads would function as a "collector" public road providing sole access to Highway 82 for large amounts of traffic such as would be generated by the Burlingame Housing Projects. In order to protect against the future use of New Stage Road as a collector road generating large and dangerous amounts of traffic across New Stage Road interfering with the easements reserved by the Maroon Creek Club, Pitkin County (the City's predecessor) and the Maroon Creek Club entered into a "License Agreement" which specifically contemplated and granted to the County (and, therefore, the City) the right to reopen Stage Road and the related Highway 82 access in the event of extensive development of the Burlingame Ranch. A copy of the License Agreement is attached as Exhibit E. In particular, the License Agreement recognized that, while Old Stage Road would be closed to public use following completion of New Stage Road, the City has the right to reopen New Stage Road and the related Highway 82 access if an independent traffic study found an unacceptable level of congestion at the intersection of New Stage Road and Highway 82 and no other reasonable alternative • was available other than reestablishing and reopening Old Stage Road. The License Agreement also recognized that the Burlingame Ranch property located adjacent to the Maroon Creek Club was accessed historically by Old Stage Road. As the successor to the Paepcke Trust, the City has a legally enforceable right to access Highway 82 through Old Stage Road because Pitkin County and Maroon Creek Club did not have the right to limit the Burlingame Ranch owners' historical right of access to Highway 82 across Old Stage Road by closing it to public use. Therefore, it is undisputed that the applicant's statement in its application that Stage Road is the only physical and legal access to the project is false. The City has also refused to consider a route through the Aspen Airport Business Center, a commercial development designed to service automobiles from areas outside of the development. The applicant's statement that the only access that CDOT has approved is Stage Road is also incorrect and misleading. The Maroon Creek Club submitted to CDOT on June 9, 1999, a demand and application to allow the Burlingame Ranch ® -6- to utilize relocated Old Stage Road as its access in the form of a fourth leg to the already-planned traffic signal at the Buttermilk Intersection. A copy of the submission is attached hereto as Exhibit F. Traffic engineers have prepared a report demonstrating that the marginal impact on Highway 82 traffic caused by the fourth leg at the signalized Buttermilk Intersection is relatively insignificant compared to the impact on traffic that will be created by the addition of a traffic signal at the Buttermilk Intersection in the first place. In fact, the City has previously identified this route as the preferred access to the Burlingame Ranch Property. See Exhibit G. Despite the applicant's misleading statement that CDOT has approved only New Stage Road, CDOT has not yet even responded to the June 9, 1999, letter. Under the terms of the Highway Access Code, CDOT must respond on or before August 4, 1999. In the meantime, the Maroon Creek Club has initiated discussions with the Attorney General's office regarding the preferred access. The City and the MAA have declined to join in the demand/application despite express requests from the Maroon Creek Club that they do so. In short, the City has refused to seriously consider any of the available alternative accesses to the project which would cause much less interference with the Maroon Creek Golf Course operations. Under these circumstances, the project should not be approved until the access issue is resolved. 4111 E. The City Is Not Adhering to Material Representations Made by it During Public Meetings Regarding Traffic Mitigation. All material representations made by the City in the application and during public meetings must be adhered to and considered conditions of the recommendations. In his presentation on January 12, 1999, Jim Curtis represented that there would be a separate golf-cart underpass to mitigate the impact of the traffic generated by the Burlingame Seasonal Housing Project on the Maroon Creek golf-course operations. See Exhibit H. Similarly, the applicant also presented plans for the proposed entrance to Aspen at the public meeting. During this presentation, a detailed Stage Road mitigation plan was presented by the applicant which shows a new golf-cart connection and under-crossing to mitigate the effect of traffic on Maroon Creek Club's golf-course operations. See Exhibit I. Based on the City's own cost estimates, the cost of these golf-cart underpasses is approximately$718,000.00. See Exhibit J. 4110 -7- Despite its representations regarding the proposed mitigations to minimize the effect on golf-course operations, neither the Conceptual nor Final Plans includes the golf-course underpasses. Accordingly, the applicant is not complying with material misrepresentations made during public meetings regarding traffic mitigation. F. The City Did Not Apply the Aspen-Area Citizen Housing Plan. Pursuant to P&Z Commission Resolution No. PZ-98-11, the Citizen Housing Plan was adopted to establish affordable-housing-development criteria to be used in determining the most appropriate location for affordable housing in the context of broader community goals. The Citizen Housing Plan "shall function as an interim plan to be used in connection with the housing element of the 1993 Aspen Area Community Plan until such time as the Plan was updated." As admitted on the record by members of the Growth Management Commission, the City has completely failed to apply or consider the criteria set forth in the Citizen Housing Plan. The City is required to be held to the same objective criteria as private developers in considering its proposed projects. G. The City Does Not Comply With Its Own Road Standards. Under the City's requirements, all residential buildings must be within 60 feet of the roadway. In this case, the City does not comply with its own requirements because some units are as far as 260 feet from the driveway. H. The Applicant Has Not Adequately Considered the Effect of the Proposed Development on Adjacent Properties. The City is supposed to require that all proposed developments are consistent with the character of existing land uses in the surrounding area. In analyzing traffic impacts, the MAA has been permitted to assume certain facts regarding the effect of proposed traffic mitigation and the restricted nature of the use of the housing including that traffic will have no negative impact on New Stage Road. Private developers are not permitted to make such hypothetical assumptions concerning effects of proposed traffic mitigation. In addition, as set forth above, the assumptions relied upon apply only in the event that the project remains seasonal with music-student tenants and does not account for future changes and uses of the project. ® -8- • More disturbingly, the traffic report submitted by the applicant does not analyze the effect on golf-course operations. In considering the effect of traffic, the City is required to consider the effect of traffic on the existing uses in the area. For example, if the surrounding area included a school, the traffic study would certainly consider the effect of traffic on school safety operations. In this case, the traffic engineer has addressed only the issue of whether the road has the capacity to serve additional cars without considering traffic impacts on golf-course operations whatsoever. I. Incrementalization. The City has not considered the effect of the additional traffic from the larger Burlingame Project. In fact, the City of Aspen is purposely ignoring the cumulative effect of both developments being planned for the Burlingame Ranch. At the January 12, 1999, P&Z public meeting, the Maroon Creek Club pointed out that the City of Aspen historically has not allowed private developers to incrementalize their properties and developments in considering their effect on adjacent landowners, particularly when another project is actively being pursued by a developer on the same parcel. In this case, the City has purposely ignored the cumulative effect of both projects on the Maroon Creek Club and the adjacent properties despite the Maroon Creek Club's objections. At the December 15, 1999, P&Z public meeting, P&Z members specifically recommended that the City should consider the project as a whole rather than incrementalize the project. See Exhibit K. Despite the recommendations from the P&Z, the City has ignored the Maroon Creek Club's objections and continues to ignore the effect of the larger project. More disturbingly, the City ignores the effect of the larger Burlingame Project even though it is constructing a trail in connection with the larger Burlingame Project as part of the MAA project. In fact, the City is proposing using approximately $50,000.00 park-dedication fees from the MAA project to construct a trail for the larger Burlingame employee-housing project. The City cannot seriously assert that the larger project should be completely ignored in considering the effect of the MAA Project on the Maroon Creek Club operations while at the same time constructing infrastructure in connection with the larger project. -9- ® J. Contract Zoning. The applicants have failed to provide the City and the public the details regarding the private agreement between the City as the owner of the land and the MAA as the developer/tenant. Absent an adequate record regarding these private agreements, it is impossible to determine whether the City of Aspen has illegally bargained away a portion of its zoning and land-use powers. Such "contract zoning" may be ultra vires and unenforceable under Colorado law. King's Mill Homeowners Association, Inc., v. City of Westminster, 192 Colo. 305, 557 P.2d 1186 (Colo. 1976). III. DENIAL OF DUE PROCESS The City's preferential treatment of its own application constitutes a denial of substantive and procedural due process designed to guarantee the Maroon Creek Club and other private citizens impartial decision making as part of land-use regulation in the City of Aspen. As set forth above, the City has granted itself as a developer preferential treatment in reviewing its own application. The City has enjoyed the benefit of unprecedented expedited procedures in processing its own application. In fact, the City purported to process its own application when it did not even have jurisdiction over land located exclusively in Pitkin County. ID The City has ignored numerous P&Z recommendations, including the recommendation that the project not be incrementalized and the cumulative effect considered as a whole. When P&Z members asked to table the application so that the staff and the applicant could provide members further information regarding issues raised by the Maroon Creek Club, the City and its staff acted as an advocate on behalf of the applicant and pushed for a "rush to judgment" by the P&Z despite complaints of lack of information. As a result, the P&Z denied the Motion for approval of the Final PUD application and admitted that they were not able to do their job because of incomplete information. In this case, the same lawyers have represented the City (a) in connection with its private pre- and post-annexation agreements with the MAA, (b) in defending against the claims in the Maroon Creek Club Litigation regarding legal access, (b) in prosecuting counterclaims asserted by the City and the MAA against the Maroon Creek Club and (c) as adjudicatory counsel in connection with these proceedings. Further, it appears that the City and the MAA are operating pursuant to some type 110 -10- ® of joint-defense agreement in the Maroon Creek Club Litigation. As shown by their respective Answers to the Maroon Creek Club litigation attached as Exhibit L, the Answers filed on behalf of the MAA and the City were obviously prepared by the same team of lawyers. On at least one occasion, the MAA attorneys have represented in the Maroon Creek Club Litigation that they were authorized to make representations on behalf of both the City and the MAA. See Exhibit M. Courts have recognized that it is a violation of due process for the same attorneys to provide both advocacy and adjudicatory counsel in connection with a single project. See Horn v. Hill Town Tp., 461 Pa. 745, 337 A.2d 858 (Pa. 1975). (Same attorneys acting as both advocacy and adjudicatory counsel deemed a violation of due process because it presents an appearance of impropriety, and, therefore, proof of prejudice not required to invalidate any zoning decisions.) In this case, the fact that the same attorneys has been acting as advocacy and adjudicatory counsel demonstrates that the project has not been presented to an impartial decision maker which constitutes a denial of due process. mcdc\city\docs\memo.03 ® -11- • • RESOLUTION NO. 6, (Series of 1999) A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, RELATIVE TO THE PE'1'IIION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COMMONLY KNOWN AS THE "BURLINGAME RANCH"; FINDING SUBSTANTIAL COMPLIANCE. WITH SECTION 31-12-107(1), C.R.S.; ESTABT.T.SHING A DATE, TIME, AND PLACE FOR A PUBLIC HEARING TO DETERMINE COMPLIANCE WITH SECIIONS 31-12-104 AND 31- 12-105, C.R.S.; AUTHORIZING PUBLICATION OF NOTICE OF SAID HEARING; AND AUTHORIZING THE INSTITUTION OF ZONING PROCEDURES FOR LAND IN THE AREA PROPOSED TO BE ANNEXED. WHEREAS, on January 20, 1999, the City Manager on behalf of the City of Aspen, the owner of the property proposed to be annexed, did file with the City Clerk of the City of Aspen a Petition for Annexation of territory to the City of Aspen, whereby real property described in Exhibit "A" appended to the Petition for Annexation, is being petitioned for annexation to the City of Aspen; and WHEREAS, the City Clerk of the City of Aspen has referred the aforesaid petition as a communication to the City Council for appropriate action to determine if the petition is substantially in compliance with Section 31-12-107, C.R.S.; and WHEREAS, the petition, including accompanying copies of an annexation map, has been reviewed by the City Attorney's Office and the City Engineer and found by them to contain the information prescribed and set forth in paragraphs (c) and (d) of subsection (1) of Section 31-12- 107, C.R.S.; and WHEREAS, one hundred percent (100%) of the owners of the affected property have consented to annexation of their property to the City of Aspen; and • EXHIBIT A • WHEREAS, Section 31-12-107(1)(g), C.R.S., mandates that the City of Aspen initiate annexation proceedings in accordance with Sections 31-12-108 to 31-12-110, C.R.S., whenever a petition is filed pursuant to subsection(1) of Section 31-12-107, C.R.S. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the Petition for Annexation of territory to the City of Aspen is hereby found and determined to be in substantial compliance with the provisions of subsection (1) of Section 31-12- 107, C.R.S. .Z' Section 2 That the City Council hereby determines that it shall hold a public hearing to determine if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and to establish whether or not said area is eligible for annexation pursuant to the Municipal Annexation Act of 1965, as amended; said hearing to be held at a regular meeting of the City Council of the City of Aspen at 5:00 o'clock p.m. on the 22th day of February, 1999, in Council Chambers at City Hall, 130 S. Galena, Aspen, Colorado 81611. (A date which is not less than thirty days nor more than sixty days after the effective date of this resolution). Section 3 That the City Clerk shall give public notice as follows: A copy of this resolution shall constitute notice that, on the given date and at the given time and place set by the City Council, the City Council shall hold a hearing upon said resolution of the City of Aspen for the purpose of • detern2inIng and finding whether the area proposed to be annexed meets the applicable requirements of Sections 31-12-104 and 31-12-105, C.R.S., and is considered eligible for z annexation. Said notice shall be published once a week for four consecutive weeks in a newspaper of general circulation in the area proposed to be annexed. The first publication of such notice shall be at least thirty days prior to the date of the hearing.The proof of publication of the resolution shall be returned when the publication is completed, and the certificate of the owner, editor, or manager of the newspaper in which said notice is published shall be proof thereof. A copy of the resolution and petition as filed, shall also be sent by registered mail by the clerk to the Pitkin County Board of County Commissioners and to the County Attorney of Pitkin County and to the Aspen School District at least twenty days prior to the date fixed for such hearing. Section 4 That pursuant to Section 31-12-115, C.R.S., the City Manager is hereby directed to initiate appropriate zoning procedures with regard to the territory proposed to be annexed. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the day of ',a % L 999. -f D✓ (John S.Bennett, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. _//tea._el �� !i Kathryn / och, City Clerk JPW-01/19/99-G:\john\word\resos\burlingame-annl-res.doc 3 V I I Cgo f:v a�1\ aryl-Aspen .: City aaor.wys once Memorandum • TO: Mayor and Members of Council FROM: John P.Worcester DATE: May 10, 1999 RE: Burlingame Ranch Annexation Ordinance—Second Reading Attached for your consideration and review is a proposed ordinance which, if adopted, would annex the Burlingame Ranch Property to the City of Aspen. This matter is before you for Second Reading ® and Public Hearing. The petition for annexation was filed with the City Clerk on January 20, 1999. On January 21, 1999, City Council adopted a resolution finding substantial compliance with Section 31-12-107(1), C.R.S. A public hearing was held on March 8, 1999, at which time Council determined that the proposed annexation was in compliance with §§ 31-12-104 and 31-12-105, C.R.S. Attached for your information please find a copy of the Burlingame Ranch Annexation Report prepared by the City Community Development Department for the Pitkin County Board of County Commissioners. The report was prepared in accordance with state law as the area proposed to be annexed is greater than ten acres. Appended to the report is a copy of a map of the area proposed to be annexed. City staff will be present at the public hearing to answer any questions you might have on the proposed annexation and potential impacts the annexation will have on City operations. The decision to annex property to the City is a legislative act and is entirely within your discretionary powers. You may annex, or not, for any reason, or no reason at all. ACTION REQUIRED: A Motion to approve Ordinance No. l b , Series of 1999. • JPW-05/05/99-G:\john\word\memos\burlingame.doc EXHIBIT B • +MEMORANDUIVI TO: Chris Bendon FROM: Sara Thomas, City Zoning Officer RE: Zoning Analysis for Burlingame Seasonal Housing Final PUD & Subdivision DATE: May 13, 1999 VARIANCES: The Burlingame Seasonal Housing proposal appears to comply with the R/V FA zone district dimensional requirements with the exception of setback and open space criteria. Floor area calculations were not verified at this time as the drawings included in the application packet do not contain adequate detail for this level of review. All dimensional requirements will be re-verified at time of building permit submittal. Section 26.04.100 Yards (A)(5)(6) of the Municipal Land Use Code permits uncovered • slabs which do not exceed thirty inches (30") above or below natural grade to project into the required setbacks without restriction. The proposed access roadway will be requiring a cut in excess of 30"within the front and side yard setbacks. In addition, only fences,hedges and walls that are less than six feet(6') in height, as measured from natural grade, are permitted within setback areas. There are two retaining walls indicated on the Site Development Plan in excess of six feet in height within the required rear and side yard setbacks. Section 26.04.100 Open Space (E) of the Municipal Land Use Code excludes from open space calculations areas more than four (4) feet above, or two (2) feet below the existing grade of the street which abuts the open space. Due to the proposed significant regarding of the parcel , the entire parcel does not technically meet the open space criteria. • PUD variances for open space and setbacks will be required in order to address these issues. IMPACT FEES: 1. A Park Development Impact Fee is assessed on all development in the City of Aspen that creates additional bedrooms in residential dwellings. The fee is based on the number of bedrooms per dwelling unit and is assessed as follows: • Studio: $1,520.00 per unit One-bedroom: 32,120.00 per unit Two-bedroom: $2,725.00 per unit ■ EXHIBIT C Three bedroom or larger: $3,634.00 per unit The proposed units are configured as two bedroom units and would therefore be assessed at$2,725.00 per unit, $275,225 total for the 101 units. Section 26.44.060 pemlits the applicant to request city council to reduce or waive this fee for development of affordable housing. 2. School Land Dedication Standards apply to all new subdivisions within the City of • Aspen which contain residential units. The land dedication is assessed based on the unit type and may be provided either with a land dedication to the city or by making a cash payment in lieu to the city. The applicant is requesting that the city make a determination that the proposed seasonal housing units are dormitories, thereby exempting the project from the land dedication standard. A dwelling unit is defined by the Land Use Code as: a separately enterable, self- sufficient room or combination of rooms which contain kitchen and bath facilities and . which are designed for or used as a residence by a single family or guests, independent of other families or guests. • A dormitory is defined as:a structure or portion thereof under single management that provides group sleeping accommodations for guests or residents in one or more rooms for compensation. Occupancy of a dormitory unit shall be limited to no more than eight persons. Each unit shall provide a minimum of one hundred fifty (1 50) square feet per person of net living area, including sleeping, bathroom, cooking and lounge used in common. The proposed ilnits are configured to be self sufficient, separately enterable and may be used independently. They each contain their own kitchen and bath facilities and do not offer facilities which are common to all residents. The units clearly meet the definition of dwelling unit and do not comply with the standards applicable to dormitory units as defined by the Land Use Code. • • W\'J\ i • P To: Chris Bendon,Planner ` ?-tanIOALA Thru: Nick Adeh, City Engineer /I/4-F� , From: Chuck Roth,Project E • et:-.r (- 1 19 9 Date: May 21, 1999 �'o ��r� N Re: Burlingame Seasonal Housing—Final P.U.D. The Development Review Committee has reviewed the above referenced application at their May 5, 1999 meeting, and we have the following comments: General—(1)These comments are based on the fact that we believe that the submitted site plan is accurate, that it shows all site features, and that it is feasible. The wording must be carried forward exactly as written . unless prior consent is received from the Engineering Department This is to halt complaints related to • approvals tied to "issuance of building permit." (2) If there are any encroachments into the public right-of- way,the encroachment must either be removed or be subject to current encroachment license requirements. 1. P.U.D.Plat — • a. Revise certificate of ownership to include Mayor's signature for City as owner and attestation by City Clerk. Also include in dedication language to re-dedicate public rights-of-way as shown. ems( l` b. Lot 2 must be fully monumentedbefore final plat approval and so indicated on the final plat sheet titled "Detailed Plat". This sheet would also show any easements dedicated to utilities for primary facilities, including transformers and switch gear as well as line extensions. Easements are not required for service lines. c. §26.88.040.D.2.a(1) specifies the size of unencumbered margins for each plat sheet. It is preferable - to have borders drawn on each sheet at those dimensions in order to ensure this section. d. The drainage plan sheet needs to be sealed and signed by an engineer registered to practice in the State of Colorado. - e. The boundary plat needs to indicate the"Old"Stage Road public right-of-way. f. There are various blanks in the submitted plat that need to be filled in for the final plat. • g. Indicate the property zone district. Complete the basis of bearings statement. EXHIBIT b • • h. Refer to §26.88.040.D.1 and 2 for plat requirements. The vicinity map needs to appear on the first • sheet. Show the City limit line. The word"Aspen"is illegible due to the street grid. i. On sheet 2, the line symbology is unclear and inconsistent. As of this writing, the Burlingame Annexation is in effect. Indicate adjacent subdivisions with dotted lines of abutting lots or indicate if adjoining land is unplatted. Beneath the Lot 1 and Lot 2 labels, indicate the area to the nearest 0.001 acres. 2. Parking — Because the project is a planned unit development, the number of parking spaces is determined based on the specific project. The Engineering Department has no comment for this application concerning parking requirements, except no part of public right-of-way shall be considered as exclusive . parking space to serve this development. 3. Site Drainage The site development approvals need to include the requirement of meeting runoff design standards of the Land Use Code at Sec. 26.88.040.C.4.f and Engineering Department's interim design and construction standards. The final plat should include drainage mitigation plan(24"x36" size plan sheet or on the lot grading plan), as well as a temporary sediment control and containment plan for the construction phase. These and a report must be signed and stamped by an engineer registered in the State of Colorado. The drainage plan must be reviewed and accepted by the City Engineer prior to issuance of building permit and signing the final plat. 0 4. Trash & Utilities - All utility meters and any new utility pedestals or transformers must be installed on the applicant's property and not in the public right-of-way. For pedestals and transformers, easements must be provided and should be indicated on the final plat. Meter locations must be accessible for reading and may not be obstructed by trash storage. Any units that may be condominiurnized must have separate • utility service connections and meters. a_.; The applicant indicated that existing overhead utilities along the southwesterly property will be undergrounded in conjunction with the proposed development. This is consistent with other developments in the City. 5. Fire Protection District—Tne following are the comments from the conceptual review: "Various fire protection details are not yet clear,on the draft plat and need to be remedied for the final plat. These will relate to access around the perimeter, hose lengths, hydrant locations, sprinklering, 4 . turning radii, turn arounds. Any gates across emergency access routes must be locked with Knox box or lock. "Emergency access width is required to be 20 feet and to be maintained and drivable, free of snow and obstructions, on a year round basis. This should be documented in the project approvals, subdivision improvements agreement and any other agreements, such as declarations or covenants, that may be drafted for.the project." The final plat is not clear on these fire protection details. There should be a specific sheet in the final plat titled"Fire Protection Plan"with the signature block for the Fire Marshal on that sheet. ,' There was discussion if there should be an activated fire system in place when the pre-fabricated • buildings arrive. The Fire Marshal replied that the issue would be addressed at the time of building permit application. • . • 6. City Water Department — The concern was renewed about the number and sp ace requirements o f backflow preventers. The applicant's water engineer will work with the City Water Department on design details. 7. Aspen Consolidated Sanitation District—The utility plan does not contain enough detail for sanitary sewer. There should be a separate sheet with the approval certificate thereon. The applicant needs to initiate a line extension request and a collection agreement in a timely manner to avoid project delays. , 8. Parks Department — It is preferable that temporary access to the site not cross a trail. There was discussion about the applicant constructing tail sections which could allow for a reduction of park dedication fees. [Engineering comment: Note that developments are generally required to construct • sidewalk, curb and gutter in adjacent public rights-of-way. This needs to be balanced with trail construction costs.]The Parks Department agrees with the proposed dedication fee,but it must be approved by Council. The trail needs to be protected from having highway snow plowed onto it 9. Environmental Health—(a)Replacement traffic mitigation measures are needed. (b)The City Attorney is researching the legality of using washing machine gray water for irrigation. (c) As provided for by the newly enacted ordinance,the dumpsters or enclosures need to be bear-proof. ' 10. Snow Storage-The applicant needs to designate snow storage areas on the final PUD site plan. 11. Improvement Districts - The applicant should be required to agree to join any improvement districts that are formed for the purpose of constructing improvements in adjacent public rights-of-way and to provide a signed and notarized agreement with recording fees prior to the final building inspection. • 12. Work in the Public Right-of-way - Given the continuous problems of unapproved work and development in public rights-of-way adjacent to private property, we advise the applicant as follows: The applicant must receive approval from city engineering(920-5080) for design of improvements, including landscaping, within public rights-of-way, parks department (920-5120) for vegetation species, and streets department(920-5130) for mailboxes, street and alley cuts, and shall obtain permits for any work or development, including landscaping, within public rights-of-way from the city community development department. • • DRC Meeting Attendees Staff: Tom Bracewell, Ed VanWalraven, Chris Bendon, Cindy Christensen, Lee Cassin, Phil Overeynder, John Krueger,Rebecca Schickling, StephanieLevesque, Chuck Roth Applicant's representatives: Jim Curtis,Michael Hassig, Julia Marshall,Eric Hendricks 99M59 3 .. • ..— .. • �•� ; ri.l rr t e' •� a.`.. .l �, . j VI r �L -o,'. ( T•� i - 1 e.c iy= =i�'� • 3. ..w-..7 •wfs L»i, - i os gs! Jt ,. ?.. •• ; � j_ 1. s �: � , '• vRy 4 `Tv v .1,0;2: . �Sr+ , e: " ,1•it,,pi..1 .�-«t,4 " . "'f, :-.,1.� r. •" ;::„ .•�v H �`: �f" "4!-4:- : ?: W.: t -,A L'.i::?.;: "S x47;1. a 71- F 't120 ' • iw1.e; L,�f' ;: ..iL",�` Ki< :1 � S L Zc"�� ` s� Z �-;. �- X14 . t. AA'3ir' / r Reconled at - izg :': �. 730 ? 683 y;s., ► r} ..ec , , ,- *.-,,2=4 LL/L-/,�Ckr Dc.v ;reek. D 3.- � :r: ..' R Si_via Da'tts, _ .scarce, ,_'-- r RECORDING REQUESTED BY: WHEY RECORDED RETURN T0: ... t.... :.:, Ronald Garfield, Esc. = _ :-:,-.....4.:: Garfield •3e:iecht, P.C. i 601 East Hyman Avenue _' Aspen, Colorado 31611 .. .- .-' - ---s ;.e.- _ LICENSE AGRiEM iT f -? S. 3 (STAG-F.RO�.DI f rya TI-IIS LICENSE AGREEMIEN' is made and entered into this Z— day of I t 5-e'�7i993 by and between PIT:CN COUNTY, COLORADO, acing by and through • its Board or County Commissioners (the "County"), and PEARCE EQUITIES GROUP II Sr ` �; LIMITED LIABILITY.'COMPANY, a Utah limited liability company ("Pe race"). i1 4 . RECITALS l ' • W P:•Zr_AS, Pearce has received approval or :he \Loon Creek Club Project (the r r "Prcjec;'•) for the development or single family hemest es, to•.v-'homes:c•.e condaminiumized, 1 t 't a championship goif course, commercal square footage, lodge .:nits adlaceac to the existing c. �; Gtard Champions as Ciub, and employee dwelling units 'which approval is evidenced by the ' "T"` following land use resolutions(the"Resolutions")consisting or:(i)Pit'cn County Resolution No. ' u .6.;;;.:-',0,::.':-.4.."-:•:=.-5: e :x-r captioned"Resolution or the Board or County Commissioners or?ic'cn Courry,Colorado N '. 1}- 4 Granting Approval of General Submission for Subdivision, 1011 Environrrental Hazard Renew, .' i : 'd Scanic Foregrourd Overlay Review Planned Unit Development and Rezoning for the Pfister _ r•RanchiGolf Application"recorded in Book 629 at?age 471 of the real estate records of Pit.'cn = ` County, Colorado, (ii) Pit_ County Resolution 91-11 1 captioned 'Resolution or the Board of i County Commissioners of Pitkin County, Colorado Granting Approval or Derailed Submission l ' �, for Subdivision, 1041 Environmental Ea3rd Revicg, Scenic Foreground Overlay Review, % .. �..-.- T: ';�,.1k- ••» i Planned Unit Devetepme.•tt, Re:cning, Scecial Review Approval or Reiecacon of the<SNO ` ` 'r '� {;� Radio Tower, Lot Line Adjust:nerrt with the.ARU Property, Gere-zJ and De•:ailect Submission :r -:-y • to the 'Grand Amendment' Portion or the Appiication ara Ame:'.drrent to the Butte--milk S'.a �.f� Area tifaster Plan for the Pfister Ranc!•JGolf:ti oplication' ,-xorded in Book 657 at Page 306 or ''p': '' the real state records of Pi:kir:County, Colorado, (iii) ?it.':ir County Resolution No. 91-112 ' • = - granting certain amendments to the Derailed Submission approval:recorded in Book 657 at Page _ ' "' + 334 of the real estate records or Pitkin Counry, Coioraa, (iv) Resolution No. 92-r-6, ;-'01".."-':'... Resolution or the Board of County Commissioners of ?ickin County. Colorado Cranong an �� t ' Extension for the ?Maroon Creak Deve!ooment Corporation to Submit the Final Plat for the ;� + Pns.er R.anc,hiGolf Project, Recorded July 30, 1992, in Beck 63-.at Page 331 of the real estate , ` records or Pitein County, Colorado, and(v)?itkia County Resolution No 93=i0Ligranting Final r Plat approval to Maroon Creek Club recorded in Book 7'7,1 at?'ge14tc; or the l estate '- ' r records of Piticirt County, Colorado. 1-: .- . EXHIBIT E _ ' ,, I : ;-1 •.. fir- .3,,,.s•ir ` •.,. a ► L.. >• • A_,T:-r.-y...r•. .r• -� -:t �t� ..;•{.. 4� . � •_ ".t ...:.....$,..'t • •.. 4.. .. i ��a t ,r.r. •• a ---,t , .• .- • t.. L tL' r,Jy't l-;. :L t..-;;.',71,4-,•-•?..."; g• ¢¢ .t1 j •sue ••t .?r ! •r• '! ,t • • t•- .`! ti -7 ss, •'•. .q i L :� -° i°.0 G e,t - ` :�J.+- ._; ,•'�'$.1 ..tom " 1•: f 13 .�N!,;∎e. ;- 14M h, .1 a a \•-h,' 1 Y k « .r :.+fit rK 7 4.,0 f , i *31-i1 a. ZC*2 `••vt•ll tf.1A►de* f•R -`'.{�.".fi wsr__,.-r c�«,A.: . �timsµ_ '�. t. F " d .z + e,: I-f ^ .wry si ,66. • •• t •,, •s .k _ +. ••, •• y SNP &,< •+• eYee w' i✓ d - :s +z�"1'.w!'S��`�` -'F � w•: 'Kira*e 'j�a ..�ls •!w M.,sa'.^' !►z�" Y rM.�ar.�. �» 4 �`'F°S"�.!:�". 'ti � 't- �4 tie-.:i•:'V: ...++O- '*-`YT.,.'.h t .. ri... ,� .,sFJ^4'..� -LY1p°�a,,,a-,i JK„ •h °:.-.. 1 ..:-. - .r•+'• 4 y t' --4i ~-tar � t- •J. ,.� •H•. --:..t a,""" `'` �.4 t,L.V.•P +Te •*.S�3 i.4 e... meee_ �',,}ite . ti,r a't- --f-;---t dC a a......Pf .... 4&. r_ ,, a �. a: .y `:1- :Yn 'ttr- "r.-d` ` Q�1:! '15. i.-..••.. :$ .7.. • �'•.�7�"'`o.-�w ... +rt. 4�`•.. �':4,' ..., „°t�?�f'-+^e�cr.iy a:� 1 .salit _o1 + a-�' # ,, ::f't 11.1•:,,x.'-':?..}• . • - ts. •L...., 'S .'tamJ...Br t, at. 7�0 =� t ~s t si:'�la �d, bay . r� t •' •- WHz . S, in accordance with the Resolutions, a per ion of the existing public road '` �• .•.. . clown as Stage Roari•xhich intern s State Highway 32 is to he relocated easterly of the Grand ;„�;. Champions Club u shown on the Final Subdivision ?lac acd ?CID for Maroon Creek Club, ? '7".....7.4t-7- ,...':.7.•'•t � t recorded in Plat Book 3a at?age 1-1 of the real estate rrccrds of Pit:<in County, Colorado; , . :` and ,r c y M • z • n- • t .. 1i.+ : ' WtE'i kS,the purpose of this Agreement is to provide for.(i)the closure co the public I :4 .l of existing Stage Read from its current intersertion.wt State Highway 92 southeasterly to the �,•'5 % ante:.ecdon with new Stage Read(the"Licensed Area")as shown on the Final Plat and a the _s. granting by the County to?ear=of a license over and acrast'tie t:cease,area for the purposes .�f • set farts herein, including C ,' g ...3/4-...4.-.-.:!•i::••e .: g �orivate road to be known as "Stage aurt�and for parking and • ,,' driveway arms, landscaping, utilities, emergency access and 'rails; and •.•t- W�TN ssE - « - t t': NOW, TH' FOR in consideration of the ml dal covenants and agreements « . :-.:;_• .'-':f;:•.:.:::',"'.4.; hezcinafter ccntai-ed, the County and Pearce covenant and g._-as follows: • ,.•,�•. 1. ant of natant-• The County hereby grits'a Pearce an exclusive license(the E S s s-' - "License'') over and across the License Area. The County agrees that unless and until the i - .`-z-'....•••44..,::: :'- License shall be terminated by the County in accordance with this A;er:neat: (i) the License 1: Area shall oe closed to use by the public,end(ii)Pearce shall be entitled:Q exclusive use of the i. .,� i.:; License Area for the purposes pernittzd'Jy this hgrermt:nt- .L • prj fie • 2. tj e. The License Area may be used by Pearce fcr the construction, repair, e" replacement,oceratian and maintenance of utilities,drainage,emerge-cy access, a private read • r to be •sn own as "Stage Court", driveways, rails, parting areas and landscaping, including F ft .ern:ing, planting and irrigation, fencing,sigh-ale, lighting, a ground field for any relocation of L a radio tower, hose uses permitted under that corals Trail Easement(Relocated ??BC Trail) - • be we—i the parties hereto recorded in Bco:<l at Page(, of the real_state records of Pitkin 'k County Colorado and other development that may be per-fitted in the Licensed Arta in 3 !'..4:0:::- .:S t ',; : accordance With the Re.solutions. Without limit:o the forgoing Pmrce shall have the right, .} . >uoject to the:e..-ms, provisions and conditions or this Agreement, to grant e:seme-Its to one or �� ,.: r. :•� more utility companies and he right with the consent of said utility companies to relocate or �•. .: 4. underground existing utillry extensions. If `:cuir°ed the Counri:hail:pin'.n any such ns?me-^.ts i s .1,-..----.1,1Y'"1-:-•' :..,1 2' or other agreements chat may be made with said utility companies. rc 3. adtr;nnal Interests in Star°Rood. The parties .:a hereby acknowledge lot l `� r a • !a the'Nalter P.Paeoc!<a Lire Insurance This ("Trust')owns real procer:y:.hat is located adjacent •• to and is acccsszd by die existing Stage Road. Consequently, ..^,ctxi hs arding any provisions ��':� to th• x.,ctrary in this Agreement, it is ag. that the license ,-c.ted "hereby shall not be '' :;;;r Atoll... tech dl,r. to Pearce as against the Trust and that the closing or Stage Road and t.:•: license ••` ,.•, grt_°t r 'lereby are subject to the rights or access of the Trust :a :hat portion or i_; urvpe:ry• t�,r,• � 1� 6 trots, across, and along the.License Area consistent with he historic rig-Es Of the T. - its ► `.: :r :=; C�• t 1T .► .: i - tom: ( - • 1.--. t ` ar. , •-.• ;!L. ..1'. 7•':•Wit. 7- s - :.. .w�,✓ r r `... ..�s.r i ' :......,:41;,,i..,..,.. s_ E sL. R".► j U . ' t f, vJ: . �_ N . t i1 l� 1 • .a 9 r . 1 : • a • fi S ` A ± :J •• t f 4. - - r. !�•. A w t i1 � ' t! i e, •-= . �1 , l .. ` � : i4 11• Fy .rtF : v ...•' r :At`.„�f 4 .c E• a *• . ,~','i4■.f ° .5. + '1ld i ^b..+ - ..grrat "P r. C4..: z ., fits: - "t ;2.. +.. •;....:.......,,-;.:::,,,,.,,,...,;/,_.,. .Asf l w•^ v 4 ♦- `i'Y. r r .-� IAi •1. r Y V .v Y �.. - lti R j _. ": Y ,1... .� .a �,.._ .. .r.. e..•(,z 3_,. .. _ .- -. tees,.!K. ,:r'. . � >:y -!1`.60,?:'. _..-.sr.;«� a .: }.'3-''1-.,,� ?r '''OP'.1%.-S';'-; - • -' .• 1 :..11;:::':. t ♦eg �•''r .-E�• r .-..:.o,',-241. ..1 L2/9= Lo: t6 ,Rat �::.'.}C• Bt: 7:0 ?G 685 �� 4,•••••'..-':`. a -t, ]':.`/:a :ay: , t✓_ n _-ityy _._. . , Dec s.!.11,l t • -,..:,.....-.7.,..,,,...--,::::„ . X .'W. ,..4:::.!0.-'7,.--:.;!,.-f::.5• underst^cd that'the Trust and Pearce may eater into an agreement that addresses the exercise of • ,••• such rights. • 4. T nn. The term of this Agrcmcnt and the right of P°arce to utilize the License '-'114•%•••-:::::-`':•'•:" Area shall comment:upon completion of canstructinn al cew Stage Road as shown on the Final. T 'q Plat. Upon completion of canstrucaon of new Stage .toad, the County shall take all such •.: additional actions, if any as may be nersary by law to close the License Area to public use. ' This Agreement and the right or P race to aulize the License Arm for tile purposes act forth - herein shall be permanent and perpetual; suoject, however, o the_ :;ght of the Cour.ty to +., 4:7:114',- terminate this Agreement by xritten notice given to Pearos not'.es, than one(I) year prior to • g,:: :•..-test.., Y' O Y P •`_i'. r.= -",:' the date the County desires said termination to be effective. The County shall not terminate dais r�-F. -s Agreement unless:it`.:�.. - ';•••':�n - A. Pearce shall be default in the performance or a m:.te:ial provision hereof and such default is nor cured on or prior to the da.e the termination shall become effective; or k B. The County elects to terminate this Agreement based on an irdcpendent ° c C . traffic study that:ands an unacceptable level of congestion at the intersection of ne•,v Stage Read t :l . and State Highway 32 and it is further found that no other reasonable alternative is available to ; .',.R:''-`;'` . the County other than reestablishing a public road through the License .area. Y 5. ;2i,hts on Termination. Upon any termination by the County, Pearce may ,�' remove any or all improvements:o the License.Area made by 2 race that are reasonably capable of tieing remove: and restorir.g the area to the extent rcascrably practicable to conditions =:r existing t•zor to the granting of the License and any improvements not removed shall be deemed . _ abandoned and such improvements and the ownership thereof shall pass to the County upon the t sfi s..' = effective date of the termination. No termination by the County shall be construed to require tr :.., :' Pearce to :e.anstrt:ct, re,ade or repave any of Stage Road that '.vas originally within the License.Ares. No termination oy the County shall affect(or require the removal or)any utility , extension that serve the Protect or the ground field for any re:QCIt:CR of a radio tower. ;f r. I_ Further, no termination by the County shall result in any lass of the right to rcconstrtct out:lde �• the License Area any improvements that were,originally const-cted wi•`'i't tie 1...c:Ilse .area. ` ' r if by reason of such termination any reconriguraton et r ootstr_caon of it:,urovemen,a It t3- rr : • originally within the License Area shall oecome necessary, inc'.::dir,g parking and landscaping, -)c the County agrees that the Final Plat shall be aniended to ailo'•v or such recon!igur uc-t or 1 :k > , , b. Sur•/e�/. Pearce;hall lave:lie right:o obtain a stir'/ey or the License.Are`. After Y v said survey has been ootained, the parades shall enter into a supplement to this Agreement in •L'P t recordable Turn far purposes or providing a precise lagal c-c-ration of the License .Aran. v/ 's• :0...� K 7. rndemnificaticrl. Pearce shall release, lipid harrn'.e:s and indemnity the County, s its successors and assigns against any claim, loss, damage or liability for inluri or death to persons or damage to property,as well as any costs, including:nsonaole attorneys' fees,arising ' .f •=1" .1.-'.."„ , ".•M 3 +,may }. ►•� • :9 $:. • r!'' :-.1;-•'''' .>r •� s •-,,,• 1 .i 1 _ . • - j ” fIris' I •._ . zt - rill ' c• ...• .77:02..7.:%-?-...:::).:1,-....7".•-„,y;.-:::::-..-1,,,,-. .C.a: a... ..»..r�!'� ' ...�• � a ... ' � ra.. a .try - :4. r. .., ._, >;;„• !ce '={��=- r r svN 4-::::,72.4_ / ::, - ._. ..0 3-�. •c1"1 _�' 7'.O ^Cb ALL ms,•-1114 r - 5: _ .�, :- .3 _, _n r' C_ •.4:. .:CC 3. iii ''(,'�`' !:::.„._••,.a.:_,,;r`{s.. 4 �' �4,. o�t age use of the License Area or from any cc:or emission of Pearce, •s -gents rno!ovets, r∎ w r ' ,tK d:atd f E ,• 1.'• , cont7aCtcrs, licenss, invite-s or guests in,erg or_cout the License?.r t is release an, J�� t ti harmlus r°:uire:nent; all se broadly•_onsuoei a:1d shall also apply to any mechanics' or other � f -• lien or judgment ftler+ agzinst any tux's of:he County. Pearce s hai[, at all rimes, main n in s ,i• fu;l :orce and effect a •:^Choy of gene.—al liability insurat'.ce which sO?C; Cal[y ide^.tlf:es and .. • '' 10 F i t includes the License Arm and which names and protects the County against any such lass, a r ' damage, liability or other cost. ine policy of insu ance so protecting rile County shall be with . r� rs ,c agree, r_llen not • •-•;..-',...,:,:::-.7:/,...--A-., limits:o b �g* upon by he pares, or in he event the?art:es are uaao[e:o '-:= less than the limits provided in C.R.S. 133-•41.-101,e; . A copy of this policy or insurance . - and ac t r_ne val or replace ent hereof shalt roe furnis„ed!o the County. C.:,.'7.",":')•.-•:::::t. h - , c: 3- ,lotices. Notices and oche:communications which may be given,or are recuirtd • t bed given :o pa.'.y when delivered ` - .-- Abe given hereunder, shall be in wrt_ting and shall be de i , personally or •xhen deccsited in the r_ni! d States mail with suf::c:ent oostag_ affixed and J- Nn -•,."!--:.:-..,,„. addressed to such parry at the respe�::ve address shown•cc:ow: = - +.4 °tae . Pearce tcuifits Group II Limited .� Liability Company r a . ^: 6Jl East yrnan Avenue Suite 104 t" ,� _ aspen, • Colorado 31511 '. - Ronald Carfieid n� fM +: Garfield x'Hecht, • ?.C. �+ �1 Est Hyman .lve^ut } Wig- 1 j Aspen, Colorado 31611 fit.i 1 1 11, ' Gour:y: { Tad ,ea;a or County Commissioners Y � Main t ,. f ^ .l :!t 1. i y • 4. tY tr= Cog'To: .0.r.• ` ?e i!+ 4` 1 ?iuc Cour.cr Courhouse ._': ,; . .1 - 506 �_ trtain Street c ":::±.-.7'•-:.-4"::::;;;..:::•-t`-:'-',:.'-.1 _ , Colorze.o 31611 : ,•` : . X- , ', a r t, Y 5J - 8. ,-1E�1ice` "� ."yami i. E 1' its " 3 ) l t Z - - ) waf } - A J. . . • • t,• 1 -:-:::.1.-..-w...-.4.,y, - �•d u '''` {- ,'ate•4,4:-.*,:'`'t.'",1 i rc• - + - ± .‘"f. _ .......---.........=..... -----. ''''''''"*.i."-''-'-2.--,-•:;,e;-."''-.,--.7---'N,'''---:-.',.'r"-'.-.:*---.7--"' :-..:.:.-z---'--'''. --":1----it.74:-'!..*:•::---;Y:-.7--t7.7.F,...a.-.-Tr,v.::::,r.-.;•-.--..,-,.. -3-.,,,,,/,::::::.7,..,..;.....1.•;••;-...,?...: ..--.4.-.. ..-. • ,..;-:$1.,:ii,.......,,..t...,_.,...r•..,;,-,...:rz-.„-,-,-..-- .....,-.r.:- ,.-.....:::..,.;....:•.,,,,--,-, Ifi'.--:.,t:;- ..,.,..,_ -,,,,,,...:--4....f.-r-...,,,.,,,....v--_:..,:..--,Mi,"„7:7:-.:0:A:.-.:•,•;-•,-.._..:1:,.--':-...1-,371-;,:; ::-...;,....!•• , - ..1.vg ,.., ..____.,,,,,..,,,.... ... ,!!-;.•••-•:•:-..,:::.;*77-.7i,:.,,.:4„t,•-•;•Ii:,:- **-.a" n'-:4: '...;.=:.1- - -. ...'.. ...1::: ::.!■.:,‘ ... -.. , • •. ‘:3..-: " . • -• ----!.::::...;;....7. • • '• -,...•:.,,,`,- . - _-■••.: '''''' ''*"?..i.,41",', --,•":".':% 7... -sr'4...^......' S.',#'..';',,...=.'.1 1 47..7.2,1 1,......":117 ;b: L.S F.e.c A17.Z.,:■<:, .".E.F. 77.,'0 ...-.,-: 6a7 3 I 1•/'.a D ,'.3. P n Cr,t, CI..■...k, _s,c.. '41'.2'2 .7-:.--27.7:-.,*.AV.' --t.:-.!?,(1;:t7:1:cf;T::::.', !-"..i. ,-,...7:: ,.,..34a 9. Desirmation of Successor. Pearce,by instrument duly recorded in the:cal estate :.:;:'::.,:ii: :ecrds of Pi&in County,Colorado, may designate a parry to succeed io 2..:::he rignes,privileges !i•-,.--,..7,:::',l,.-:„?...t......,..... -..p.i' and remedies of Pearce hereunder. •'.' ...'•::: ..-,:.-.... .:.:: • ..::..;..:;."?.. i0. vacation of Staat Road. No‘hing in this Agree:nem shall be construed as • i.,-..z.:;•, 1 Preventing .9=.rce, its successors or assigns, from petitioning the aunty :a vacnte it or oar •. ••,.- ,.,•..„1.4..,.... ...-.3 F. . ; •'.'::`•:•.'::'.,'•:Ar-rit. .•..? :; of:he License Area. - • r'.,:':-.7..-••--:or: - ....,....!•.--. ;•....o.: II. Nfiscrillantious. . . -,;'•,..:.2 -..-..;•:'.! ...--:.•-r..,.:: . . •,.;"•7;tk A. 72;ther party shall 112./C the right and power to!acing suit in its own name " 3,■....:4:--.L. ...:-.:,.... . •.f.'.,:; for any legal or equitable relief due to lack or complia.-.ce ,with any provisions or this .: :-.7::: 7;-• ,!7.4.!; .:."::::-? :;fiz . Agreement. If any court proc=lings are instituted in connection with the tights or enforcement li....'-.."•1-..;;•-izi.:--.'....;?....,f e'or-4;z• ;,.1.-r.t.:.,.. and remedies provided in this Agreement,the prevailing parry shall be entitled'.c3 reimbursement .';. ., :•:,;,-.:-:..i.':..:-..:4::,- or its costs and expenses, including reasonable atrorneys' fees, in connection thervuich. ''-'4:-.,, ,■:-:':-.,.;...P-..,•!:. ......;:,-..r.. .:.z...!:IS. . 1'::::'' B. Tne failure or either party to insist upon the stric: performance of any ,$:.,,t•,.,-_'?,-. ...:3-..-.. .'.:-. .'• I . .: provisions of this Agreement or to exercise any rgnt or opt available co tc,..or:o Serve any . .f.,:.:•1;.7.;:...y.,-....,:-.•.•,...•:.::;.:-L, .--. :';', : notice or to institute any action, shall not be a waiver or a relinquishment for th.e suture of any . '. 0....i.:-«...1...::"..7".:,.......•:,....:,.."....;1..,..:„:„...,.;.:. ..._ f such provision. ....•;1; • ... .:4 -.......-: . ... .. . .. r.!4`.;;t • C. This Agr=rnent is made subj=to any existing easerr.encs. reservanons, '-•. ,••q-.-..::/-•.-:::...:::, 7.,..'.. - '' ... :.:.1.* .• restriciions or rights-of-way. • • .. .:- ; -::,.',.'••:*,1-!;.;.: . !..:..... "'...::....*-1.-Zi-•.!: .4';':•:1•1: D. This Agreement may not be amended, nor may any nights het-eunder be • ify , 'waived, except by an inserurr.ent in'writing executed by the parties he:7:m and duty record,.-d in _...,,-.7:-.il....,..--••:-:..--3,•-•-'..--; .• . . . ,-... ._ . _.. :•:-:,:„•:..;-:•.,,,...::•;',Y-:-...-..•,:.''..,... the real esute records. •'- .--7•'..',..-: ..-:" :•.:--'-,..•:-. .-,!•s "--•:: .--fICT 7. The interpretation, enforcerr.ent or any other matters relative co this ..-- •••••;..1 Agreement shall be consented and determined in accordance with the laws or the State or ',"....i. . Colorado. V - _4•"•••'..-',•,,,•.:,.,-..,---,i,-:: F. Ail the provisions of this Agreement, including :he.benefits :thd burdens ,. '''..;.": ::: :: .1 -:::::::: -,.,..-.!..:-.4... -_red thereby, all run with the land. ..,;:-.. '-'-'=-:•::=•-c.: G. The paries agree, lt the request of either one of :hem, -.o fully ar.d ••,..-.-..,:,.:-V---,-1.-.•,•.., ,..1'••.: ' TA* 17?-41. promptly coopeu to correct any scrivener, clerical or other tri-crs found in any legal - • descrztions, in any ctn.::provisions of:his document or in any exhibiLs hereto. j . -..-.k----. •-,:-;-;',Ats- .--- ••. -- -,. '.,...-.‘.• ...1,-.1- I-E. Ail provisions of his Agrrrt eeenc inure ,.(3 te 7.1...r,n7.f.or and are *oinding a.il!' ii-on the Par-'es .nereto, tnerr heirs, successors, assigns 3.nd 2Gf.ional :e•iresentauves. ••::.--'-::--,•:.: . _ „. . .... •• .' `;;i!...‘•-fi: . • ,•_.•• - ...,..,.. .,...-.•• I. Pearce .shall nave the right to assign or hypothecete les interest in this ., :.. ,....,.i.„,...".•,..„.,,..., %......7.:!: A;re--ment for the ber.erit any ler.der ha.vir.g a deed or trust, nlartgage or a:1dr encumbrance on .---..;.:::.-mr. ... . i .,-:.•,. :•., '..-..---,...•. •7.,::..-,..7:‘ :,,...-.'','..L..•_,......,.•.:,.-0.,:- • ..-..--,-,.., a ....::.-4.t, -: ....• .i..;,..„:- ,...:.-••...., •-•-:...:7:•-• .... •...-:,,...e. ... • .. . - . .. . --..i•-•...-. • ..;-••••,:::-. .••,.,..-..i.:.-.. ----,_,... -- . ••-•:-•••• ':.::7'-''........ ' . ,...1."4...'''' . • -'...■...7,'•''''''-.-.1,'-i".:..7.',- ,`,..''.$--': : • ' '• .1-.• .* .!!'•"._.. ".'''''''-' ',..`!,..=. ''" ... : • • . ..- .. ,Z.' .;-.• '.:tr,....-, ..• . ,.• . _ •' :,"'-.4.-. .., • I • ' .• • .'• - '... '• ....:}....! . •-• , , . k ., O." e!.. .7V, --::•.-....=;'''',"..:.:;......i:, :•-•-• ..::.:... ,-.-.7,•,.::.;:. - IP. ....- • ::•;,-::' ,... . • . . . • .- -- ..!.: ••" :::::Ster•Ce. its encumbr.s.,:e such :under shall be entitled :c o.00ies of ail ;latices gIven by :he !;..k.'•'..;17...: violat_ion of the rule against pe:-.,:etuities or any other rile or law retad.re :o vesting or r_he 't,:•, .'1::,.,t alitnacion oe property, such provision shall nevertheless remain effevive:or the longest pet',od '•,::re.-:•;';',•;.:..;:h.z2.-4•7 -..t.; .: 4'. , ,„,/,,/,/ ,......, ,. -... . : „....-. „:., i f:::: . 3y(----------). 7',,,..,_,1_/_/_„,/,., / Bv: / ',•&'V1--a , .. ". 1.........:,:;;;;',.:;.: .. Iar,-....‘..(s T. P_....,---, Ir., / Bill Tuite, 1 ) .......r„,r..f..,-.....e , ,.. -2-7± • Limited Liabiiiry Company, a Ur.ah limited liability company. -- • • ~ • t. Y. • r 1'." 1 •qtr`-"� .A.-.1%. i•..4 P• L< ' '� w\ T \71-,•-•'-','♦• .L• -'-1,-",---. "i'^•"'.. .= "' • .. �--''i `1 T 1 -4,7if ti'n't•C'1c r Z'S .: �.-,�L p= f4" s t :: = vL-i :3•y:7, __T.:fl CYO ar.. .0 :f" 2 , • 11 _ dt• � STATE. OF COLORADO ; _ w `r•• .4- COUNTY C ?iT_CY ) q t • ti Tae ton:going—c-n-e A regime' 'MSS •ac1:A0'a ed�?-•o..orB mC:Ills_acy or _ -•t I i _s ; , ,' ,. 1393 by Bill Tuite as C:air e:son ri The Board of Couicy Commissioners, w. ?:C:�R County, Colorado. ;.y.3C lP]' ,, ! z ' • * . WITticSS my.hand and of�lc::l s<:,.1. '3I1 7 n , .,fie My commissien ,tr s_ _ .. - { ,.„ t 1�Y -5. i r t.• . , 'F V. t .u..:.�. .fv,.lucc.am.c.Kt ��[eFr"` -I:::\ "s'''''' : )F [:::::::::: T` C ''x - { • t ♦ f 1 y '�' f • �x. i. flr,... c` ?:i rya F7 y'?. '. R L Ott f r C T Fi;fr f ro . .I IV' { i 7 .I .. r F 1,,,`-"- s J►t z t 3 ra = y I �= tx r` P r1.-. /2:.G / - — i 5 • G A I I I • C.. RONALD GARFMLD„ 601 EAST HYMAN AVENUE ANDREW,V. HECHT"; ATTORNEYS AT LAW ASPEN, COLORADO 81611 MICHAEL I. HERRON"" TELEPHONE • DAVID L. LENYO E-mail: ac . ( 701 925-1936 MATTHEW C. FERGUSON* TELECOPIER KRISTI S.FERRARO"" (970) 925-3008 June 9, 1.999 110 MIDLAND AVEN aE SUITE•also admitted to New York au BASALT, COLORADO 81621 •••also admitted to TELEPHONE •••also l a (970) 927-1936 so admitted co o(Columbia 9u Florida au TELECOPIER ••••Aso admitted co (970) 927-1783 Peaosylvaaia au VIA FEDERAL EXPRESS • Mike Smith Colorado Department of Transportation ("CDOT") • 606 South Ninth Street Grand Junction, Colorado 81501 Maroon Creek/City of As en;Existing Legal Access to Highway 82 at Re. 1 ty P Old Stage Road • Dear Mike: • I. Introduction • As you know,we represent the Maroon Creek Limited Liability Company(the "Maroon Creek Club"). The Maroon Creek Club is the developer of the Maroon Creek Club Subdivision and is the owner and operator of the Maroon Creek Golf Club. The Maroon Creek Club currently holds an exclusive license to use Old Stage Road, subject to the historical rights of the adjacent property owner to use Old Stage Road and its access to Highway 82. The adjacent property known as the Burlingame Ranch Property is presently owned by the City of Aspen. The Music Associates of Aspen(the "MAA"), is proposing to develop a 200-bed, seasonal-housing project on Parcel B of the Burlingame Ranch Property (the "Burlingame Ranch Seasonal • Housing Project.") fibWe are writing to notify CDOT that the Maroon:Creek Club (as the license holder for the area at issue) intends to exercise its access rights to Highway 82 at.Old Stage Road by allowing th ty ilditotil,.th#LA_A. to use the existing legal • GARFIELD & IIECHT, P.C. Mike Smith t 1 ' June 9, 1999 Page 2 access at Highway 82 and Old Stage Road as the vehicular access to the Burlingame Ranch Seasonal Housing Project. • II. Discussion A. The Maroon Creek Club and the City of Aspen Already Have Legal Access to Highway 82 at Old Stage Road. The owners of the.Burlingame Ranch Property and the Maroon Creek Club already have existing legal access to Highway 82 at the Old Stage Road location. Historical maps show that Old Stage Road has provided access to Highway 82 for these and surrounding properties for many years prior to 1979. Because the access to Highway 82 at Old Stage Road existed prior to 1979, the Colorado State Highway Access Code does not even apply to access issues relating to Old Stage Road. See Section 43-2-147(6)(a). A second access was granted to the Maroon Creek Club at the New Stage Road and North and South Underpass Roads in 1992 pursuant to New Access Permit No. 390090. A copy of New Access Permit No. 390090 is attached as Exhibit A. New Access Pe.iinit No. 390090 does not provide for the permanent closure of the existing access to Highway 82 at Old Stage Road. There is also no provision in New Access Permit No. 390090 which requires permanent closure of the historical access at Old Stage Road to Highway. 82 as a condition to the granting and use of the new access to Highway 82 at New Stage Road. In fact, the New Access Permit is completely silent as to the historical access already existing at Old Stage Road. In short, no application or permit allowing or requiring permanent closure of the vehicular access at Old Stage Road at Highway 82 was ever requested or granted by CDOT as required by Section 2.3(3)(a) of the Colorado State Highway Access Code in. order to close a legal access.1 I To the contrary, the Maroon Creek Club was required to maintain the access for emergency vehicle use. • GARFIELD & HECHT, P.G. Mike Smith J ' June 9, 1999 Page 3 Because the.Maroon Creek Club and the City of Aspen as the owner of the Burlingame Ranch Property already have legal access to Highway 82 at the Old Stage Road location, CDOT cannot revoke, suspend, limit, reconstruct, relocate or modify the existing access unless it first commences formal proceedings against the Maroon Creek Club, the City of Aspen and all other property owners having historical rights of access under the Administrative Procedure Act, Article 4 of Title 24, C.R.S. (the "APA") or through eminent-domain condemnation proceedings. See Section 2.6(8) of the Colorado State Highway Access Code. • It is undisputed that CDOT has never brought any action under the APA or through its powers of eminent domain to limit the Maroon Creek Club's or any other property owner's rights of legal access to Highway 82 at Old Stage Road. As a result, the Maroon Creek Club and the City of Aspen are not required to obtain a new state highway access peiiuit to continue to access Highway 82 at Old Stage Road. The Maroon Creek Club intends to fully exercise its access rights. More specifically, the Maroon Creek Club presently intends to access Highway 82 at Old Stage Road utilizing the existing driveway without constructing any modifications or improvements. At most, some limited restoration activity may occur such as removing the large rocks limiting access under the License Agreement and regading the historical driveway.'As discussed in Section II.C. below, the Maroon Creek Club may be willing to consider contributing towards constructing additional improvements and • 2 We understand that CDOT has already informally approved the use o the historical access at Old Stage Road for construction purposes in connection with the Burlingame Seasonal Housing Project and that the AAA has recently filed a formal application for a temporary access permit. We assume that the ytAA intends to construct some improvements to the existing driveway in connection with its proposed use of Old Stage Road for constriction access purposes. We have requested more details regarding the;/ERA's proposed improvements to the existing access. We assume that those improvements shall be sufficient for vehicular access for the tenants of the Burlingame Seasonal Housing Projects as well as construction traffic. GARFIELD & HECHT, P.G. Mike Smith ' June 9, 1999 Page 4 moving the historical access towards Aspen so that the Old Stage Road access is (a) more efficient, (b) better coordinated with CDOT's proposed design to construct the realigned;signalized Buttermilk Intersection(the"Proposed Buttermilk Intersection") and (c) more consistent with the City's goal of providing direct access to the Buttet uiilk Transportation Center to limit traffic on Highway 82 from the Burlingame Seasonal Housing Project. An "Intersection Plan" showing the relocation of Old Stage Road to intersect with Highway 82 at the Proposed Buttermilk Intersection is attached as Exhibit B. If CDOT objects to the proposed improvements and interferes with their construction, the Maroon Creek Club will simply use the existing access and roadway pending judicial resolution of CDOT's objections. B. The v1A .'s Proposed Development Constitutes Only a "Minor Modification" of the Historical Use of the Old Staa-e Road Access to Hinhwav 82 Under the Colorado State Highway Access Code. Even assuming aro endo that the. Colorado State Highway Access Code applies to the pre-1979 historical access and Old Stage Road driveway, the Maroon Creek Club and the City of Aspen still have existing access rights because proposed changes to be made in the use of the Burlingame Ranch Property constitute only a "minor modification" to historical access use at the Old.Stage Road. Therefore, no new peuuit or modifications to the existing access are required. Under Section 2.6(2), the redevelopment of the Burlingame Ranch Property allows the City as the owner of the Burlingame Ranch Property to retain its direct access to Highway 82 at Old Stage Road. Moreover, under Section 2.6(3), the existing legal access to Highway 82 at Old Stage Road can be moved or reconstructed as long as only minor modifications in use are made. "Minor . modifications" are defined as anything that does not increase the proposed vehicle volume to the Old Stage Road access site by 20% or more when compared to historical vehicle volumes. • • GARFIELD & 'HEGIiT, P.G. Mike Smith 1 ' Jude 9, 1999 Page 5 As set forth in the report of the traffic engineering firm ofFelsburg,Holt &Ullevig dated May 6, 1999, attached hereto as Exhibit C,the change in the use due to the development of the MAA project will not cause traffic volumes to increase more than the 20% at the Old Stage Road access when compared to historical traffic volumes. Therefore, no new permit or modifications to the access site are required under the Colorado State Highway Access Code. Moreover, because only minor modifications are proposed and the historical access does not violate any peiuut terms or conditions, the Maroon Creek Club has the right to move the access to the proposed Butte'uiilk Intersection and to reconstruct it under Section 2.6(3) of the Colorado State Highway Access Code. Therefore, the Maroon Creek Club is proceeding immediately to obtain whatever building or excavation pet uits are needed from the local authorities in order to move and reconstruct the Old Stage Road access because the MAA's proposed development constitutes only a minor modification to the existing access and no permit is required from CDOT.' C. Application for Pei mit to Improve Existing Access. As set forth above, the Maroon Creek Club (and the City of Aspen) have the right without the issuance of a new permit to use, move and reconstruct the existing access to Highway 82 at ' CDOT cannot suspend or close the existing access due to the proposed minor modifications unless there are identified safety problems under Section 2.6(3) of the Colorado State Highway Access Code. At a recent pre-application meeting, CDOT identified the following concerns regarding the location of any access other than New Stage Road and North and South Underpass Roads: (1.) Alleged delays in traffic on Highway 82, (2) alleged interference with the proposed location of the new RFTA bus stops, and (3) alleged increased construction costs in connection with movement of utilities in the vicinity. The Maroon Creek Club does not believe that any of those stated concerns constitutes an actual problem and is prepared to rebut CDOT's assertions, if necessary. In any event, CDOT has never identified any safety problems arising out of the continued historical use of the Highway 82 access at Old Stage Road to service the proposed iLA.A development. • GARFlELD & HEGHT, P.G. • Mike Smith 1 ' June 9, 1999 Page 6 • Old Stage Road. In an effort to cooperate with CDOT and to coordinate the Maroon Creek Club's movement and reconstruction of Old Stage Road with CDOT's current design plans at the Proposed Butteiuiilk Intersection, we are nevertheless submitting with this letter as Exhibit D two copies of a permit application seeking CDOT's permission to.proceed with construction of certain improvements to the relocated Old • Stage Road access when it is moved to the Proposed ButteLLuilk Intersection.' • Because the Maroon Creek Club's access at Old Stage Road already • meets the requirements of Sections 2 and 3 of the Colorado State Highway Access Code, the scope of CDOT's review of Exhibit D is limited under Section 4.2(1) to a deteinlination whether the proposed improvements meet the objective engineering design standards and specifications set forth in Section Four of the Code. All construction materials, techniques and processes for constructing the improvements to the existing access at Old Stage Road will be in confoLLuance with Code specifications. They will also be consistent . with the department standard specifications for road construction. We are prepared to provide any additional infoinlation CDOT needs to confirm compliance with the design standards and specifications under Section Four of the Co,cle for the proposed improvements to the existing access. Therefore, we look forward to receiving a peLLLiit allowing the proposed improvements to the Old Stage Road access and allotice to Proceed so that construction of the improvements can begin immediately. EI. Conclusion • For the reasons set forth above, the Maroon Creek Club intends to exercise its access rights at Old Stage Road in order to minimize undue interference with its reserved easement rights on New Stage Road. The Maroon Creek Club has the legal 4 The Maroon Creek Club is Filing the permit application as a precaution despite its historical rights so that there is no question that the Maroon Creek Club has fully complied with Colorado law and procedure in exercising its access rights. The filing of the application should not be considered an admission that the Maroon Creek Club does not already have historical legal access to Highway 32 at Old Stage P.oad. • • GARf IELD & HECHT, P.G. Mike Smith J ' June 9., 1999 Page 7 right to access Highway 82 at the Old Stage Road without a new permit from CDQT. Further, the Maroon Creek Club has the right to move and reconstruct Old Stage Road because the proposed change in use of the adjacent property constitutes only a"minor modification" under the Colorado State Highway Access Code. Finally,the Maroon Creek Club has met the requirements of obtaining a peLuhit allowing the construction of certain improvements at the relocated Old Stage Road access because the proposed improvements meet all the design standards and specifications set forth in Section 4 of the Colorado Highway Code. • We look forward to hearing from you as soon as possible regarding this matter • as we are already preparing to obtain the necessary building and excavation permits from the local authorities for moving and reconstructing Old Stage Road based on the Maroon Creek Club's existing rights. Sincerely yours, GARFIFLD & HECHT, P.C. David L. Lenyo DLL cah Enclosures cc David Myler • John Worcester mcdc\!t\smith.04 .1'/u:J/14 13 .1L 1_UU1 K,1 1KNrr1L rhA•ylUL4Oe s4 r.uul ••• • • St .. - -• • • �pr��c 7-99 10:22A P.O1 ••• r"" SH No/MP/Side: 82/38.72/11&L . 1 COLORADO DEPARTMENT OF HIGHWAYS_ Local Jurisdiction: Pitkin County • STATE HIGHWAY ACCESS PERMIT Dist/Section/Patrol: 30216 OOH Permit lt No.: 390090 Permit Fee: 375.00 • Dare of Transmittal: 937-521.0-900 THE PERMITTEE; - Maroon Creek Uevnlopment Corp. c/o flea Estate Affiliates • ' 117 South Monarch Aspen, CO 81611 Ii . :oraby granted permission to construct and use an access to the state highway at the location noted below. � . il,r+:lr:coss shall.be constructed,maintained and used In accordance with the terms and conditions of this permit, ir::•rtrriing the Slate Highway Access Code and listed attachments, This permit may be revoked by the Issuing e1.I'IClily If at any time the permitted access and Its use violate any of the terms and conditions of this permit.The use ;;;,nr.a warning and construction signs.flashers,barricades and flaggers are required at all times during access .:•'•I',:Irlrt:linn within Stale right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES.Part VI.Thu issuing authority,the Department and their duly appointed agents and employees shall be held .... .., ,+ss against any action for personal injury or property damage sustained by reason of the exercise of the permit. LOCATION: ' On the north and south sides of State Highway 82, a distance of 3780 feet east from Mile Post 38. ACCESS TO PROVIDE SERVICE TO: 1 Pfister Ranch/Gold POD. LINER TERMS AND CONDITIONS: 4011 See .Atrached Sheet. • • EXHIBIT A • • . MUNICIPALITY OR COUN ''PR• ff Hur-turred or th- •p• opr ocal authority ret ns i ing authority. • R',' (X) .-. - Dateet `` {O Tte 1 T. -6 1\ e r . Upn • signing of this perms the permittee agrees to the terms and conditions and referenced.attachments contained .`rr,raln.All construction shall be completed in an expeditious and'safe manner and shall be finished within 45 days from II,itIxlicnI.The permitted access shall be completed in accordance with the terms and conditions of the permit prior to oerng used.The permittee shag notify Bob Rausin. _ with the Colorado Department of Highways In at 077-1117__ • at least 48 hours prior to commencing construction within the Slate Highway right-of-way. Thu person signing as the permittee must be the owner or legal representative of the properly served by the permitted access and have full l authority�tto accept the per/mitt,and all its terms and conditions. Permilles(X) JL�S�sel.,._.�•- rU✓uwt, `�Z k' Date /o-I/- Orr • I hucuut Q. (Ami4. , PAtAA t.l,4-1 —Thr;pitrrnil Is not valid until signed by a duly authorized representative of the State Department of Highways. Si ipATE OF COt:.ORADO,DWI ION OF HI .HWAYS HOorr1T I. . EN Ai;R, R F ENG,>''ER By(x) _.r IA. Date 10-15-90 Title Administrator,. . (Date of Issue) Access Committee COaY nrt ra19UTION, H.Oun.d: , Make co01.a as nacauary lar; Prsrlous union,ne Odad.%and will not b.,..d 1.Ol.Vlcl •oain•l) Local AsNOrlry In.p.elor DOH rotor'01 7.Af8IIttl11 rsiLer111u1 nunt.riigllat,t "' • e,.0 en,u 99'/05/14 13:33 COOT R3 TRAFFIC FAX:y7024812Y4 nears Apr-07-99 >o:zzv VG The following paragraphs are pertinent highlights of the State High•ray Access Code.These are provided for your convenience but [. __ . do not alleviate compllence with all sections of the Access Code.A'copy of the State Highway Access Code Is available from your local lesuing authority(local government)Of the State Department of Highways(Department).When tills permit was Itsu+d,the Issuing authority made Ile decision based In pert on Information submitted by the applicant;on the access category which Is V1 nee•In use or design not atpproved by the permit or thePnuing authority may cause the revocat on or suspension of the permit. Appeals 1. Should the permittee or applicant chose to object to any of the terms or conditions of the permit placed therein by the Department.an appeal must be teed with the Colorado Highway Commission within 80 days of transmittal of the permit for permittee signature. The request for the hearing shall he filed in writing and submitted to the Colorado Highway Commission.4201 East Arkansas Avenue.Denver,Colorado 80222.The request shall Include reasons for the appeal and may include recommendations sy the permittee or applicant that would be acceptable to him. 2. The Department may consider any objections ano requested revisions at the request of the applicant or permittee- it . agreement Is reached,the Department.with the approval of inc local issuing authority(If applicable),may revise the permit accordingly,or issue a new permit.or require the applicant to submit a new application for reconsideration.Changes in Iris original application.proposed design or access use will normally require submittal of a new application . 3. Regardless of any communications,meetings,or negotiations with the Department regarding revisions and objections to . the permit,If the permittee orappllcent wishes to appeal the Department's decision to the Commission.the appeal must be brought to the Commission within 60 days of transmittal of the permit. I. Any appeal by the applicant or permittee of action by the local issuing authority when it is the appropriate local authority (under subseotton 2.4).shall be filed with the local authority and he consistent with the appeal procedures of the local authority. ' • • 5. II the final eclion Is not further appealed.the Deparlmenl or local authority may record the decision with the County Clerk . and Recorder. • II Construction standards end requirements 1. The access must be under construction within one year of the permit date However,under certain conditions a one year lime extension may be granted if requested in writing prior to permit expiration. 2. The applicant shall notify the office specified on the permit at least 48 notirs prior to construction.A copy of the permit shull be available for review at the construction stir.:Inspections will he made during construction. . ons ruction. . • • 3. The access construction within highway right-of-way must be completed within 45 days. 4. it is the responsibility of the permittee to complete the construction of the access according to the terms and conditions of the permit.11 the permittee wtehes to use the eceets prior to completion,arrangements musl be approved by the issuing authority and Department and included on the permit. The Department or issuing authority may order a halt to any unauthorlted use of the access.Reconstruction or Improvements to the access may be required when the permittee has tailed to meet required specifications of dealgn or materials.If any construction element fails within two years due to improper construction or material specifications,the permittee is responsible for all repairs. .•- 6. In the event it becomes necessary to remove any righl•ol-way lance,the posts on either side-of the access shall oe securely braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence.All posts and wire removed are Department property and shall be turned over toe representative of the Department. ,_ • • • �. A copy of the permit shall be available for review at the construction site.If necessary,minor changes and additions shall be ordered by the Department or local authority field inspector to meet unanticipated site conditions. 7. The access shall be constructed and maintained Ina manner That shall not cause water to enter onto the roadway,and shall not interlera with the drainage system In the right-el-way. • 8. Where necessary to remove,relocate,or repair a traffic control device or public or private utilities for the construction of a permitted access,the work shall be accomplished by the permineewithout cnst to the Department or Issuing authority,and at the direction of the Department or utility company.Any damage to the state highway or other public right.ol-way beyond that which Is allowed in the permit shall be repaired Immediately. 9. Adequate advance warning Is required at all times during access construction,in conformance with Ihr.Manual on Uniform . Traffic Control Devices for Streets and Highways.This may Include the use of signs,flashers,barricades ann/triggers.This Is also requlredby section 42-4-501.C.R.S.as amended.The issuing authority,the Department and their duly appointed agents and employees shall be held harmless against any action for personal Injury or properly damage sustained by reason of the exercise of the permit. III Changes In use and violations 1. If there are changes in the use of the access,the access permit-Issuing authority must be notified of the change.A change In property use which makes the existing access design or use In non-conformance with the Access Code or the terms and conditions 01 the permit.may require the reconstruction or relocation of the access.Examples ol changes in access use are. an Increase In vehicular volume by 20 percent.or an Increase by 20 percent of a directional characteristic such as a loft turn The Issuing authority will review the original permit:It may decide II Is adequate Or request that you apply for a new permit 2. All terms and oondlllons of the permit are binding upon all assigns.successors-In-Interest and heirs. . 3. When a permitted driveway is constructed or used in violation of the Access Code,the local government or Department may . obtain a court order to halt the violation.Such access permits may be revoked by the Issuing authority. IV Further Information 1, When the perinit holder wishes to make Improvements 10 an existing legal access,ha shall make his request by filing a • completed permit application form with the Issuing authority.The iesuing authority may take action only on the request for Improvement.Dental does not revoke the existing access. 2. The permittee,his heirs.successora-In-Intetest.and assigns,of the property serviced by the access shall be responsible for meeting the terms and conditions oI the permit and the removal or clearance of snow or ice upon the access even though deposited on the access in the course of Department snow removal operations. The Department shall maintain In unincorporated areas the highway drainage system,including those culverts under the access which are part of that system within the right-of-way. • 3. The Issue-date of the permit Is the dale the Department representative signs the permit which Is alter the permittee has returned the permit signed and geld any required fees. 4. The Departmeqt may,when necessary for the improved safety and operation al the roadway.rebuild,modily.remove.or 0 redesign the highway Including any auxiliary lane. • 5. Any driveway.whether constructed before.on,or after June 30. 1979.may be required by the Department.with written concurrence of the appropriate local authority,to be reconstructed or relocated to conform to the Access code.either at the property owner's expense If the reconstruction or relocation is necessitated by a change in the use of the property which results In a change In the type ol driveway operation;or at the expense of the Department it the reconslnur.tton or relocation Is necessitated by changes in road or traffic conditions.The necessity for the relocation or reconstruction shall be determined by reference to the standards set forth In the Access Coda. 99'/0 /14 13 34 COOT R3 TRAFFIC FAY:9702487294 P.003 N,Jr -vi-77 4V:44N .O3 • PERMIT NO. 390090 1 Local ordinance requires a construction permit from Pitkin County. 2 Fill/cut slopes shall be at a 6: 1 slope on the roadway and at 6:1 on the access approach. 3 Access shall be designed as shown on plans dated May 25, 1990. Construction and traffic control plans shall be provided to and approved by the Department of Highways 45 days prior to construction. Bridge plans must be provided to and approved by the Colorado Department of Highway Staff Bridge Engineer 45 days before construction. 4 A new 18" CMP culvert shall be used. All culverts (side . drains) installed in open ditches shall have flared end sections. 5 No drainage from this site shall enter onto the surface of the highway. All existing drainage structures shall be extended to accommodate all new construction and safety standards. • 6 Contractor shall follow the applicable construction specifications set for by the Department of Highways in the • latest manual standard Specifications for Road and Bridge CQllstruction. The property owner is responsible for any utilities disrupted by the construction of this driveway and all expenses incurred for repair. Any damage to any. existing Highway facilities shall be repaired prior to continuing other work 7 Compaction of sub-grade, embankments and backfill shall comply with Section 203.11 of the Division of Highways Standard Specifications. e Compaction of Hot Bituminous Pavement (HBP) shall comply with Section 401.17 of the division of Highways Standard Specifications. 9 If frost is present in the sub-grade, no surfacing material shall be placed until all frost is gone or removed. 10 Saw or score asphalt to assure a straight edge for patching. 41/1 11 The first 20 feet beyond the closest highway lane, including speed change lanes, shall slope down and away from the highway at a 2% grade to ensure proper drainage control. 12 All excavations on Utility lines, culverts, other trenches . or tunnels shall meet the requirements of Colorado Department of Highways, OSHA, Colorado Industrial Commission and the Colorado Division of Mines whichever applies. 13 The area around the new work shall be well graded to drain, top soiled, fertilized, mulched and reseeded. 14 Work shall BEGIN AFTER 8:30 A.H. and all equipment shall be off the roadway BEFORE 3:30 P.M. each day. • • • PAGE NO. 1 ■ ‘,.........„:, • ?...."4 `,..../ - ?- v.\ .1 ).....,Z H .te .-, (--- * J : ji t7. 1 S•Z:14 ^..-'-t - • s—• `1 C) • esi T-'•.. 1."..1 t•-' (......, Y....1_, ;- ilrx I : -.......; rill 1 5,...4 CZ) t....41,-. - ,...., liti g co -,-1 -,- ii 1 C. .--i C") •••szul ''.(..1. \ '1 ('I --t > /Th ... ts'l \'. --, 7.• ' (-71 7.7.. 73 ::;..,..: ....... Fri •—., N > (..7) 1— (..r: —?' 1 (.../) .. > cc ■ , ....., ,......! !„,, --{ ..s.: ..--: t i ,------..,..--\...`",), -......_, 1..---------r"----5:::-: Q. \\•:‘,„n,,,,, )--,-, -, ish ›.. ,,,\..... ,,, 11.11 ....., , ,--„; ----=------5,--:.--- ,.--..-::::5-: 1/4'1„,_ •r.r t•-- ;0 \\.\ \;'.'".. r"\ .." "-■-- ,-;e:',.:::''''. ' ''' ,,,'.:/-:-.,..,•-..- ,.- ..---- > ,/ ,t7Z, \\''''‘X r „ ,1.:>:•:::, ,'';''' ./' ,"•• 1-, rt... s•-•1 '..-", &.'" CO ''' \\..\_. // ..s.v ...1 ..,..• _ ---• (..._. ''-'''-'--, _,'''','''' .•''' r•••?..::;:, I! rii r— r ..%,. , ,, ,----" > .-. \ cill .././ ,...',:;.,1.7.,..4..i -.....,.>- ___. ---i ; _L. -c.-. / ......... -> > ...,,, /„,, , !.:1 \`‘"' I • /*/ /// ' !., \■s)I .-. . 1 ■: _ /"y• ///,,,::::" '1-ti ,...i /...'/ / , /•...- :1,:i r ,-/,'Z' , E IBIT . i • ....,,,, ,;,....„-/- I•; rf / / /../ //"7 0 ; •••••w . ........ i.r ..I ://r • / 1_2'. ....... ›.. / / -,••'...•//1'.. ' ■.1 , ///- i., : - '; \-., c.„.) c") ''.-L..., '- ....› ,--, -•:: .-i-i ■.) • r ...."*.'''''''.."'",..., • ::,,,,, C_ 0 •,..) C.).- > :■t ,:,—, A.., A., kr' ,..., -4 7 -- . ...,..* C kr.......:, ill ar I—. 1 1'10 r", s , s\IN. r1 CHT MAY 1 0 1999 Ole FELSBURG • 4 HOLT & ULLEVIG engineering paths to transportation solutions May 6, 1999 • Mr. David Lenyo Garfield & Hecht, P.C. 601 East Hyman Avenue Aspen, Colorado 81611 • RE: Old Stage Road Traffic Volume Estimates FHU Project No. 98-098 • Dear Mr. Lenyo: This letter was prepared to present traffic volume estimates along Old Stage Road near Highway 82 for two scenarios. One scenario represents the historical use of the Highway 82 access at Old Stage Road in the late summer time frame of 1994 when this roadway was the area's sole access to Highway 82 (prior to the completion of New Stage Road). The second scenario represents current day conditions assuming that Old Stage Road is physically reopened to. Highway 82 in conjunction with a potential change at the Burlingame Ranch property; the physically reopened Old Stage Road would serve a portion of the uses in the area given New Stage Road as an additional access onto Highway 82 which was allowed by CDOT in 1991 pursuant to access permit No. 390090. The Old Stage Road access onto Highway 82 was physically closed to traffic in September 19941. At that time, the uses which were served by Old Stage Road included the Maroon Creek Club (without the golf course), the Maroon Creek Club employee housing development, and five single family homes. Utilizing available data, trip estimates have been generated for these uses which are presented in Table 1 . As shown, an average daily traffic volume of approximately 650 trips has been estimated given the uses at that time. Table 2 was prepared to illustrate average daily traffic along Old Stage Road when it is physically reopened. Given the Maroon Creek Club employee housing development and the proposed MAA. housing project, the daily traffic along Old Stage Road is projected to be approximately 340 vehicles per day when reopened, or approximately one-half the traffic estimated to have occurred in 1994. Uses such as the Club and the other housing in the area • Issues regarding the temporary or permanent nature of such physical closure and the right to physically reopen or move the access at Old Stage Road are legal issues not addressed in,and are beyond the scope of, this letter. 303.721.1440 fax 303.72 L.0832 fhAfhueng.com r V LIT D TT P Greenwood Corporate Plaza 1951 E.Ntaote,.vacd Ave.Ste. ZCO May 6, 1999 Mr. David Lenyo Page 2 would not be served by Old Stage Road under this scenario given the other access onto Highway 82 via New Stage Road, thus resulting in a significant reduction in traffic compared to historical conditions. The change in use with the development of the MAA parcel will not cause traffic volumes to. exceed the 20 percent increase threshold (per The State Highway Access Code) relative to historical traffic volumes. Table 1 1994 Trip Generation Estimates onto Old Stage Road ,�kA.^a`.,. .a.. `�ia'&'lstp3�.r�` s'"' r,,,,; ,.ir r. �,.s X— ';--sr�'.. ;Lf.f�...,i. Z.. '+e4e'?k�� „yy,..,s�.tiaT. 'f �-. �.".Y"[+"b`.3 Y•+„ _._, tS. G'rF'.:`1.301.,,g;.7.;a4K.5.1'42 Maroon Creek Club Affordable 42 Units 6/Units 252 Housing Maroon Creek Club 52,500 S.F. (2) 360 ® •Single Family Homes 5 Units 7/Units 35 Total 647 (1) Daily trip generation rates based on those used by MK Centennial in support of the Burlingame Ranch traffic analyses, except where indicated. (2) Daily trip estimates were based on Maroon Creek club visitation records for August and September of 1994 (approximately 123 member-visits per day on average) and total club employment (193 persons were employed by the Club during 1994). May 6, 1999 • Mr. David Lenyo Page 3 t Table 2 1999 Trip Generation Estimates onto Old Stage Road f-.s+." ..',�.,,aw^" .•s„ it a ��+ ,. .. L :s �+s. ..ten- zs,.t. x., �"' •*' °+f. t:_- r ri �°`�y 4" g 'in-Py 7«exc,rkr¢x� -s _ Da�C �'�CtF•• ~ t �. t9''. ,3 �." .,++` '+*,...w, sx, ax '.,- 4.s- - ✓5'` ar, t,^> °'-? ,.,_7.; F'A'X aA'r.,, "` l�at�I.- *s.. _faesKU13 ;,±a Gtps� MAA Housing 200 Beds 0.45 (2) 90 Maroon Creek Club Affordable 42 Units 6/Unit 252 Housing Subtotal 342 (1) . Daily trip generation rates based on those used by MK Centennial in support of Burlingame Ranch traffic analyses except where indicated. • (2) Daily trip rate derived by MK Centennial in support of Burlingame Ranch traffic analysis. If you have any questions, or need additional information, please call. Sincerely, FELSBURG HOLT & ULLEVIG • F,41,A Christopher J. Fasching, P.E. Senior Transportation Engineer COLORADO DEPARTMENT OF TRANSPORTATION Issuing authority applicaGon STATE HIGHWAY ACCESS PERMIT APPLICATION acceptance date: Instructions: - contact the Department of Transportation or your local government to determine your issuing authority. • contact the issuing authority to determine what plans and other documents are required to be submitted with-your application. - complete this form(some questions may not apply to you)and attach all necessary documents and submit it to the Issuing authority.Submit an application for each access requested. - if you have any questions contact the issuing authority. Please print or type Property owner Permittee 2)Applicant Maroon Creek LLC Maroon Creek LLC street address,city street address,city 10 Club Circle 10 Club Circle state&zip phone 8 state&zip phone it Aspen, CO 81611 920-1533 Aspen, CO 81611 920-1533 3)Address of propety to be served by permit(it known) See Addendum Ill 4)Legal description of property: See Addendum 62 county I subdivision I block lot I section lovmehp I 'range 5)What state highway are you requesting access from? 6)What side of the highway C51 N ❑ S ❑ E ❑ W Highway 82 7)How many feet Is the proposed access from the nearest mile post? How many feet is the proposed access from the nearest cross street? See Addendum !/3 See Addendum //4 feet(circle: N S•E W )from: leer(circle: N.S E W )from: 8)Check here if you are requesting a • O new access ❑ temporary access fli improvement to existing access 0 change in access use ❑ removal of access 9)What is the approximate date you intend to begin construction? July 15, 1999 10)Do you have knowledge of any State Highway access permits serving this property,or adjacent properties in which you have a propertyinterest. • O no n yes, If yes-what are the permit number(s)?:• 390090 and/or,permit date: 10/15/90 1 1)Does the property owner own or have any interests in any adjacent property? Xa no 0 yes,if yes-please describe: 12)Are there other existing or dedicated public streets,roads,highways or access easements bordering or within the property? See Addendum 1/5 ❑ no 4 yes,if yes-list them on your plans and indicate the proposed and existing access points. If you are requesting commercial or industrial access please indicate the types and number of businesses and provide the floor area square footage of each. business square footage business square footage N/A I • I I 14)If you are requesting agricultural field access-how many acres will the access serve? N/A 15)II you are requesting residential developement access,what is the type(single family,apartment,townhouse)and number of units? type number of units type number of units See Addendum 6 I I I I 16)Provide the following vehicle count estimates for vehicles that will use the access.leaving the property then returning is two counts.Indicate If your counts are ❑peak hour volumes or S) average daily volumes. a of passenger cars and fight trucks a of multi unit trucks 8 of other vehicles 330 2 it of single unit vehicles in excess of 30 k. s of lam vehicles Odd egepmenit Total count of all vehicles 10 0 342 17)Check with the issuing authority to determine which of the following documents are required to complete the review of your application. (plans should be no larger than 24'x 36') e) Property map indicating other access,bordering roads and streets. a) Highway and driveway plan profile. I) Proposed access design b) Drainage plan showing impact to the highway right-of-way. g) Parcel and ownership maps including easements. • c) Map and letters detailing,utility locations before and after h) Signing and striping plans. development in and along the right-of-way. i) Traffic control plan. d) Subdivision,zoning,or development plan. j) Proof of liability insurance. If an access permit is Issued to you it will state the terms and conditions for its use.Any changes in the use of the permitted access not consistent with the terms and conditions listed on the permit may be considered a violation of the permit. The applicant declares under penalty of perjury In the second degree, and any other applicable state or federal laws,that all information provided on this form and submitted attachments are to the best of their knowledge true and complete. Applicants signature p . J/�//J �� '' p. Date -/ If the applicant is not the owner of the property,we re9 Ire this appli lion also t e sign by the propety owner or their legally authorized representative(or other acceptable written evide ce).This s' nature all constitute agreement with this application by all owners-of-interest unless stated in writing. If a permit is authorized,I property owner will be listed as the permittee. . Property owner signature Date H1 t- 'T D Previous editions may be used until supplies are exhausted CDOT Form 8131 9196 ADDENDUM NO. 1 The property that would be primarily served by the Peumit is an approximately 3.75-acre parcel known as Parcel B, Burlingame Ranch. Parcel B is located and adjacent to State Highway 82 just north of the Maroon Creek Employee Housing Units. In addition, it is anticipated that the Maroon Creek Club Employee Housing Units shall also be served by the Permit. The addresses of the Maroon Creek Employee Housing Units are Units 101 through 808, 305 Stage Court, Aspen, Colorado 81611. • • • • ADDENDUM NO. 2 1. Legal description of Parcel B, Burlingame Ranch: Lots 6 and 18, Section 2, Township 10 South, Range 85 West of the'0 P.M. Lots 1, 7, 8, 9, 10, 16, 17, 18, 19, 20 and 21, Section 3, Township 10 South, Range 85 West of the 6th P.M. Excepting therefrom the following Parcels of Land as described in: Book 166 at Page 152, Book 176 at Page 611, Book 176 at Page 318, Book 178 at Page 524, Book 181 at Page 320, Book 185 at Page 150, Book 185 at Page 199, Book 195 at Page 517, Book 199 at Page 557, Book 202 at Page 270, Book 213 at Page 113, Book 225 at Page 154, Book 243 at Page 773, Book 243 at Page 777, Book 294 at Page 943, Book 302 at Page 687, Book 322 at Page 976, Book 323 at Page 639, Book 335 at Page 369, Book 335 Page 380, Book 335 at Page 383, • Book 351 at Page 144, Book 742 at Page 450, and that Parcel excepted in the Deed recorded in Book 188 at Page 462. 2. Legal description of Maroon Creek Club Employee Housing Units: Lot 52 of the Maroon Creek Club Subdivision as depicted on the Maroon Creek Club Final Subdivision Plat and PUD recorded on November 15, 1993, in Plat Book 33 at Page 4 in the records of the Pitkin County Clerk & Recorder's Office. • ADDENDUM NO. 3 The existing access at Old Stage Road is located approximately 1,600'feet east ofMile Post 38. The Maroon Creek Club proposes moving the existing access at Old Stage Road 900 feet further east so that it is aligned with the proposed signalized Buttelmilk Intersection, or approximately 2,500 feet east of Mile Post 38. • • • ADDENDUM NO. 4 The existing access at Old Stage Road is approximately 2,640 feet east of the east entrance to the. Airport Business Center. The Maroon Creek Club proposes moving the existing access approximately 900 feet east to align it with the proposed signalized Buttermilk Intersection, or approximately 3,540 east of the east entrance to the Airport Business Center and 1,500 feet west ofNew Stage Road and North and South Underpass Roads. • ADDENDUMMI NO. 5 Access currently exists at Old Stage Road. The Maroon Creek Club proposes moving the existing access 900 feet east to align it with the proposed signalized Buttermilk Intersection. In addition, an access exists at the intersection ofNew Stage Road and the North and South Underpass Roads. The existing access at this location, however, is subject to certain easements reserved by the Maroon Creek Club for the Maroon Creek Golf Course operations and the residential subdivision. The use of the existing access by Parcel B, Burlingame Ranch, would cause undue and unlawful interference to the easements ofMaroon Creek already burdening the existing access• at New Stage Road and North and South Underpass Roads. . • • • ADDENDUM NO. 6 Both the Maroon Creek Club and the Burlingame Ranch have historically used the existing access for residential and/or agiicultural purposes. The City of Aspen is proposing to develop the Burlingame Seasonal Housing Project on the Burlingame Ranch. The Burlingame Seasonal Housing Project as proposed consists of approximately 100 apartment units and 200 beds. It is anticipated that the existing Maroon Creek Employee Housing Units consisting of 40 units will also use the improved access. mcdc\city\docs\adderida.01 • • • • 0 % ..-\ . Q N. . \ \'', c,,..., 0,\G.$1, • � \ • . f ldiEl Trail f • a "=c7=-7=''''.••.%. 1�\ :,,," ,...,•..s,.\\` • \ �ate ` ; ta II.ilki 1''\'' 7®� � ,i 1} _�-�i;,:•�;1 �t .,,;l� tt1`' .. .:\)--. .-•:':,\..\:\ \I! naame•�` , r r ` `L`. B urli a • \ ® . � i //),,%/ _; Iw`4 `��. �1/.. 11. ; Y' 11 Village ik \ c't 1'4.6;..J\� .,Fi T��'V.11"�7 ' \mow / k . r \i,■1\ Iti$, '1Ala 1., 1 i .,/,'67 ------_-,t.fihrsl. '‘.1,__—__-,.,. ■Iplilit.A\_•-••7-%::,: - • ' : i. J/G •''1-• �j:�i //� lr` .� .S'~it 1'� \`,y�� t t„ttt(�`-- i' _ , - i•..Y:. � I r ,` (rte„• \1', \ .♦ '.\. .�'‘'.,..;..\;-.,,,,.r..,--_-_:7-• '� n ''' '�f.l�I i}:�/1(�' J•'f �I1lt`•• �,1.�^,. ♦ :_. t. --��"'� 1tt. .F t.e:,•i. 'x^ff ,,�f .f�\ :`?r:i�' .- 1 , ' ,; ,,It , , 1 . Vr— '1'. ,etc::. :r.t 1 ,! 'its▪' ; `•J -.-f J ',5 •'.\f' t; L; r.Y<•• 1:: Tcall�r,a „`� �. )v,'.( ,�;; i; t t .N'V •/\•i\,...,‘,Vii. 1 •\ .`�I�l it cm. �� `1• .'' '+ 11.`:: \ \ ,��'•.\ '\. ' %J> .1 ` Ian '} i..r 1 �'d _ ?t , •'•. /.1 l,';! \ .J�e�/,fi - !1 , \ ,\ 'Ll'°^. Iii •• p(//}� r. '� i:• pry, • •t �. i I;t•: ,1��'� _�.,- FF--I III. II III I - 4-:-'.--- ------G fe**(.1' i I �' \�J 1�--•'.�''-• 1�i �`\il�. r. 'Cy i.� '`✓mil jil I ,•.I-- ti Buttermilk � \�� .i �i�,i�`.r. f am_= .l i� 1;�, fff 7`` •.t Transit Center \ ��j ';\\( �—.—•r'" / ,t.` t • fl_,; %— N-Itsgs-e4 AIIC1/4 - \— ,(',. -1-7 '''.---\\.--,..4 ---,... .1 ---, i)'3 s-- . , . 0/-,,...-NN• •— --if(i oi. ,/' 7– , 7 ,. .• • i , - , ■ ....• ; � l`'l(; L. . • 4 �_- -._� _ _ . . ' • EXHIBIT &\ option # 2 P Rnacwav / Transit / Trailc (lntinnc ASPEN PLANNING & ZONING CONLMISSION JANUARY 12, 1999 Bob Blaich, Chair, opened the special Planning & Zoning meeting at 4:35 p.m. Commissioners Steve Buettow, Tim Mooney, Tim Semrau, Jasmine Tygre and Ron Erickson were present. Roger Hunt was excused. City Staff in attendance were: Chris Bendon, Mitch Haas and Julie Ann Woods, Community Development; Jackie Lothian, Deputy City Clerk COMMISSIONER STAFF AND PUBLIC CONLWENTS Ron Erickson requested a time line for the long range housing plan from the Housing Office and noted the figures provided were not accurate. Bob Blaich requested staff follow-up. Jasmine Tygre stated that it would be helpful if the affordable units were noted which were ADUs. Blaich asked if the commissioners could respond to his memo regarding the date of a special meeting on long range planning. The long range planning meeting was scheduled for February 23`d. Blaich reminded the commissioners about the party honoring Sara Garton at his residence on Friday, January 29th from 5:30 to 7. DISCLOSURE OF CONFLICTS OF INTEREST None. CONTINUED ACTION I'i EM: BURLINGAME SEASONAL HOUSING — CONSEPTUAL PUD Bob Blaich opened the continued item from. December 15, 1998. Chris Bendon stated the applicant's presentation was about 90 minutes containing responses from the December 15th meeting. The transportation issues, site planning for architectural and external issues as well as internal issues. Jim Curtis, MA.A representative, introduced Ralph Trapani, C-DOT; Roger Millar, OTAK; Steve Pouliot, MK Centennial; Bill Kane, Aspen Skiing Company, Julia Marshall, Landscape Architect; Michael Hassig, and Harry Teague, Architects. Roger Millar, OTAK, presented a slide show and the background for the Entrance to Aspen with the relationship between transportation and land use. He noted 3 big projects: The Entrance to Aspen Light Rail Project, The Roaring Fork Valley . Rail Project and the Connection to Snowmass. The Elected Officials Transportation Committee (EOTC) extended the Entrance to Aspen project to the EXHIBIT H 1 ASPEN PLANNING & ZONING COMMISSION JANUARY 12. 1999 base of Brush Creek from Rubey Park, which was tied into the Roaring Fork • Valley Rail Project. • Millar stated the EIS and station area planning were conducted with the public process included the Main Street Planning. He said they were asked to provide community base planning both short and long term to analyze and select extended implementation that best to met a variety of goals. Millar said there was a capacity problem during peak hours and the EOTC set a goal to limit vehicles across Castle Creek Bridge in the year 2015 to levels at or below 1994 figures. He said they were trying to deal with the increase in number of people without the increase in number of vehicle trips. The evolution of public mass transit from the old street cars through a variety of enhancements to buses to a light rail vehicle, used in a variety of places to move lots of people efficiently through urban and suburban settings. Millar said one of the reasons light rail transit was technically feasible in the upper valley was because the current transit system has done so well to date. He noted that RFTA was the second largest transit agency in Colorado moving some 4,000,000 people per year. He noted that light rail had been implemented in various cities through out the nation with similar ridership 41 numbers projecting the 2015 needs in Aspen. Millar stated that many of the most beautiful urban areas were very dense. He said that transportation and land use was about allocation of open space and public space; open space could be utilized for public debates, a living room extension and art instead of parking lots. He said that density was needed to make transportation work depicting the Portland West Side Rail Line as an example. Millar said to make the Brush Creek Terminal work housing was needed in proximity of 1/4 to 1/2 mile radius. This station area would include the connection from the Valley Rail to the Entrance to Aspen Light Rail termination at that point. He said the station area plan worked independent of the mode of transportation. The Airport Station Area included the airport, AABC, North 40 and a plaza with an under ground walk way. Millar stated the 5-minute walk radius (1/4 mile) for the Buttermilk station area with light rail transit, underground parking, office, housing and an island with a connection to the trail system. He said there was an underground walk way at Old Stage Road and an at grade crossing at Buttermilk and under crossings at either side of the new Maroon Creek Bridge, Truscott and the round-about at Maroon Creek Road. He said there would be an over crossing at the cut and cover tunnel coming into town. Millar said the direction from council and citizens for 2 ASPEN PLANNING & ZONING COMMISSION CONEVIISSION JANUARY 12. 1999 work on Main Street was to stay within the curb lines and maintain 4 lanes of traffic with a one-lane rail. He said the station detail included the irrigation ditches and what it would look like in the winter with a snow buffer. He encouraged people to attend a meeting Thursday for more details. • Ralph Trapani, C-DOT project manager, presented the 4 lane AABC to Buttermilk project boards from the December meeting. The light would be moved down valley to encompass North 40. He said the access would be cleaned up at the upper part of the AABC with the re-location of the Owl Creek Road and consolidation of a new intersection at Buttermilk. Trapani noted the access to Buttermilk will be from the new Owl Creek Road;just past the Maroon Creek Club interchange where the highway will drop the 4 lane and tie into the existing 2 lane. He continued that there will be a new Maroon Creek Bridge and then onto the cut and cover parkway. He explained the bus stops would be the same as - down valley shelters, pulling off onto concrete aprons with pedestrian cross-walks. He said he had hoped that before 2000 the Owl Creek Intersection would be completed. Millar remarked that the 2 of 4 lanes would be peak hour HOV. Bill Kane, Aspen Skiing Company, provided drawings for the.Buttermilk Master Plan with changes in chair lifts and new lifts with new terrain. He said the most dramatic element in the plan was the link between Buttermilk and Highlands, which would influence the site planning as a major context issue. He further utilized drawings to show site plans of the gondola base at Highlands and redevelopment of the Butteituilk Base Area. Kane said Buttermilk was a focal point because the Entrance to Aspen EIS called for a 750 space parking area; the 4 lane transition to 2 lanes at this section of Highway 82; light rail transit station; skier services and re-development of the Buttermilk Base. Kane noted this base area connection and transportation area change would open skiing from Buttermilk to Highlands. Kane stated Aspen Skiing Company would like to build a world class children's center (13,000 square feet) licensed to operate with infant care to 7 year olds. He said these facilities exist at other world class ski areas. He noted consolidating all of the administrative offices in one place and relocating them at the base of Buttermilk in two buildings on the main floor would be a plus. He said the second and third floors would be affordable housing (approximately 73 units). The third building would be skier services. Kane said there were representations for RFTA, Light Rail Transit and Owl Creek Road on the site plan; there was a landscape — plan that was not shown. ASPEN PLAIT LNG & ZONING COMMISSION JANUARY 12, 1999 Harry Teague, architect, stated the site was at the edge of a large hill with a bowl; IP the idea was to carve out the inside of the bowl and create the housing form in that area. He said the plan had very minimal roof lines visible from the road. Curtis noted that this was a new plan from the one that was included in the packet. Teague said the parking became part of the inside keeping the landscape impact minimal. He said the make-up of the units was 4 units in each section with 4 bedrooms in each unit opening to a small courtyard. Julia Marshall, landscape planner, illustrated the.bean with photographs and explained the berm was growing out of deer hill wrapping around the housing. She noted story poles were placed on the site. Marshall said the berm was a great modulation from the highway and airport, especially since music students would be living here in the summer. She said it would take 100 feet of trees to have the same sound mitigation as the berm. She stated that she had worked with Steve Ellspenuian from Parks on a seed mix to blend with the other areas. Marshall - stated the berm was 4 feet lower than the Maroon Creek Club burr. Curtis said the status of the balance of the property was that there was some potential development with the Zoline family owned property, but the current need for the MAA housing was a priority. He noted there was a physical separation between this parcel and the rest of the property. Curtis stated the Zoline family would be responding to the city on their plans by the end of January. He said the only physical and legal access was the Maroon Creek underpass and new Stage Road. ' Ron Erickson questioned the natural bowl excavation. Curtis presented an aerial photo showing the bowl situation. Michael Hassig replied the excavation would be about 6 feet at the most and in other areas none. Erickson asked the number of parking spaces. Hassig answered there would be 84 total, 14 of which were shown as guest spaces. Erickson asked if there would be a tie in with seasonal housing at Buttermilk; if so how many units would be MAA. Kane responded the plans were not finalized but the long-range plan was for 80 seasonal beds. He noted the project would be phased. Erickson asked how many units were planned for Highland Village. Kane replied there were 29 dorm rooms at Highland Village and almost 300 long-term beds in various configurations. He said the MAA had right of first refusal on the Highland 29 double occupancy units. Erickson stated • that he was trying to get a number of all of the beds in the various locations to fit in the master puzzle. 4 ASPEN PLANNING & ZONENG COMMISSION JANUARY 12, 1999 Robert Harth, MAA, stated they were loosing 180 beds in September when the Grand Aspen will be demolished. He said that was the driving force for the June ?deadline. He said the enrollment has been reduced by about 15% over the last 4 years. There were about 750 to 780 students. Harth said there were 282 beds at the Marolt with 23 years remaining on the lease. He said the Holland House provides another 42 beds every year Mooney asked if the size was reduced. Hassig stated there was about a half-acre reduction. Curtis said there were about 31/2 acres, which would comply with the FAR for the RMF-A zone district. Blaich noted adding up the beds located at the Highlands, Holland House, Marolt and Burlingame the total was 582 beds. He asked where the remainder of the 770 beds came in. Harth replied that on the . average students come for 3 or 4 years and the older students sometimes rent condominiums or were housed in private homes. Mooney asked where the affordable housing definitions came into the RFM-A zone district. Curtis replied the units would be deed restricted under housing guidelines comparable to Marolt Ranch. He said the existing housing guidelines 410 recognize the MAA students as part of the affordable housing balance of the community, as were seniors, since 1982. Semrau asked what happened if there were 150 cars. Curtis replied if that happened, then some off site parking would be sought. He said based upon 10 years experience at Marolt Ranch; people tend not to arrive with cars. Kane said the SkiCo recruited early this year and stated the housing package that was offered did not include cars. Curtis said there was an additional fee for parking extra cars at Marolt. Semrau asked if they had considered in traffic counts that there were possibly 500 more bedrooms in the city portion of Burlingame, which would add cars and impact Stage Road. Curtis responded that both projects had to stand on their own merits. He said Steve Pouliot did some studies of both projects using Stage Road. Blaich said the issues that were being looked at had to do with the MAA project only. Semrau noted that there was no way to know if Stage Road could accommodate the city's project in addition to this one. Curtis said based upon the work that has been done, Stage Road could accommodate the traffic. Trapani stated that he was not that familiar with Stage Road in answer to the question. Pouliot responded that the first time they looked at it was about 1000 cars a day not accounting for the golf course traffic. He spoke about different level services that were found in the traffic impact study dated 10/27/98. Blaich asked if the 5 ASPEN PLANNING & ZONING COMitiIISSION JANUARY 12. 1999 new Stage Road turns were taken into account with the studies. Pouliot said that • only sections were reviewed separately. Curtis said there would be a separate golf cart under pass. Buettow asked if this intersection, Stage Road, would work with the addition of the more traffic from Burlingame. Pouliot stated an acceleration lane would be added and the intersection could work with the right turns instead of left turns. Trapani said hopefully the merge would happen before this area with the two-lane configuration. Buettow stated there was a more direct route if it were directly across from the Buttermilk parking lot. Millar responded that this was not selected to specifically service this housing project with the under crossing but the trails and pathways were considered for the AABC and Owl Creek trail. He said the crosswalk under the area where the light was located. Buettow stated the application that was being reviewed was relevant to the paths and crossings in relation to the intersection and transportation. Curtis said the MAA will be running an internal bus during the hours needed. Blaich asked how much time would there be a risk value without the crosswalk. Millar replied the stoplight; street lighting and the crosswalk would be constructed in 1999 prior to ski season. • Blaich asked if there was a possibility to widen the road at that point to avoid the possible bottle neck and asked if the road was wide enoush for two buses. Millar replied that the level of service might work better at slower speeds. John Kane, Buttermilk Homeowners Association President, voiced concern regarding the limited open space, a conflict in the numbers on vehicle trips at the intersection of Butteinlilk and Owl Creek Road, the number of parking spaces added to Buttermilk, the addition of housing, office space and Hig.hlands.parking re-location. Kane said that there would be less parking spaces for day skiers in two years than there were now. He urged the parking be done properly now; not having to re-construct at a later date. He said that building housing.on the highway 82 corridor was unfortunate. He appreciated the planners concern regarding the MAA housing. Blaich asked what was expected from the commission tonight with regards to the resolution. Jim Curtis stated the resolution and conditions were acceptable. Buettow asked for more design work on the parking lot for the MAA housing in the bowl. He said the old design was better for the quality of life for the residents not having to face a parking lot. Hassing said the parking lot was still under review and the courtyards were the concern for residents. Mooney asked if placing the parking under the units was considered. Hassig said that cost was 6 ASPEN PLANNING & ZONING COMMISSION JANUARY 12. 1999 prohibitive at $15,000.00 per space. Teague noted there would be basketball hoops placed to take advantage of the absence of cars as a fun place, with a positive slant on these areas. • Kevin Tripp, Aspen Daily News, asked if the applicants were anticipating any • mitigation credits for the housing in the Rim-A zoning. Curtis replied there was a presentation before housing on January 20th and at this point there was a request for 59 F'1E's mitigation credit. Jasmine Tye stated her main concern was that this project had been done backwards; the project has to fit into this land no matter how it won't work. She voiced concern about the understated traffic concerns for the area and could not support the project. Mooney said that this was a better plan with the parking in the middle but having only one drawing and limited facts that changed the entire layout made him uncomfortable. He felt this was going in the right direction but questioned the need for a variance for open space. Curtis stated there would be a variance for open space because they were under the required 35%. Mooney requested the applicant buy enough land not to need that variance for open space. He stated transit and traffic were a major problem and there were still questions on the numbers regarding this application. Mooney said there needed to be another application placed on the table for this new plan. Erickson asked if the commission would review this again. Bendon responded that the commission would review again at final and the applicant was on a fast tack amending the plan based upon concerns the commission had at the prior meeting. Erickson stated at this time there was enough information for a conceptual approval tonight. Bendon requested as much information as possible to the applicant regarding the concerns for direction. Erickson asked the entire height of the project be lowered. MOTION: Ron Erickson moved to recommend that City Council should approve this Conceptual Planned Unit Development application for the Burlingame Seasonal Housing project subject final annexation of the property into City of Aspen, P&Z Resolution 98-41, with the following conditions: 1. This recommendation and any other City land use action on this application are subject to annexation. Failure to annex this property shall render any land use action by the City void. 2. The final PUT) application shall include: a. an application for Final PIA),Subdivision,Rezoning,Special Review, Growth Management, and Residential Design Standards. A pre-application conference with a member of the Community Development Departments required prior to submitting an application; b. delineation of all dimensional provisions to become requirements of the PUD. This includes 7 ASPEN PLANNING & ZONING COMMISSION JANUARY 12. 1999 all variations; c. a proposed subdivision plat and a Lot Area analysis of the property for purposes of density and allowable floor area calculations; d. a transit plan addressing the interim and long-term conditions for the Summer,Winter,and Shoulder Seasons; e. a construction plan delineating minimal areas of construction activity and a plan to protect as much of the natural vegetation as possible. The plan shall also delineate the any special provisions for site access and staging, any necessary Highway 82 traffic mitigation measures, a planned route for modular delivery(considering bridge heights),a dust mitigation plan, provisions for contractor parking and any incentive programs for carpooling; L delineation of the short-term and long-term maintenance of the site landscaping There shall be submitted a plan or documents describing the on going maintenance of all common areas and provisions which ensure landscape success for a three-year period; g. incorporation an appropriate number of planting buffers in the parking areas. The requirements for said buffers are located in the Special Review section of the Land Use Code. The final application shall also delineate an appropriate amount of snow storage area. 3. The applicant shall lower the berm heights to a necessary minimum. 4. The applicant shall investigate the ability to provide temporary vehicular and emergency access to the center of the proposed courtyard with the Fire Marshall. A member of the City Planning Department is available to facilitate this discussion if desired. 5. The applicant is encouraged t a full evaluation and submit those reports with the final application. Examples of typical information requested are a soils report and a drainage report. 6. The applicant is encouraged to submit a"mock-up" plat for review,submit with the final application a draft plat and draft Subdivision Improvements Agreement, and make the necessary amendments to said documents prior to second reading of the final Ordinance by City Council. 7. The applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Playa Building. There is a per page recordation fee. In the alternative,the applicant may pay this fee to the City Clerk who will record the resolution. 8. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of the recommendation, unless otherwise amended by an entity with the authority to do so. Tim Semrau second. Roll call vote: Buettow, yes; Erickson, yes; Mooney, no; Tygre, no; Semrau, yes; Blaich, yes. APPROVED 4-2. • Blaich requested an informal basis of discussion prior to final review. .Julie Ann Woods noted a lunch could be set up for the information. gathering. Blaich thanked the applicant for their hard work. Meeting adjourned at 7:15 p.m. AO / ' / kie Lothian, Deputy City Clerk 8 e _.....). ., ,...., o Z C • • = C . V CC . a C)--( .. . . • < • ,;:lik:-.:.::::.. ..•ii•♦i••� ttwi!a�•ii , lirs:::::::74:-.:-.41,4• •O,♦ O pp • 0 • ti •• •. 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E arOC y'o =O E cc• Z r _ Y e r a u L° c y y u LC ��'� i r;' ww� P.3 N u : 4 0''o a 9 O :Ira `\'��l'� Uy ryp. va °D,> e u 0 ° < • " ,`, m9 u °mv .'r i �_��. �.,: �T' - f ° o " ` _ •• °O° a 3 • O n.3 0 ;L'o o O..3 0 C 0 yi.: / .7 .2 v°,,n 2 tJ a in c' K ∎=,-r< 1'<" 33 F °3 3 r `.o , per jp � m i• uu 0 Yom, J/� � �� c • E S 3 d j ;i . U 2. 2 s c j,Z r s � am"p 0 0 ' >m r - `r=< <i- 0 . �/ c---......_,-- . ZUi� ea mm 33 / /'' °o 3 m 9 E ; Y 11g __ y = -‘:'-d- _ � �� a.'... .r°'rUE _^`cam a n 2267. �Ter —i� ti_ •• 1,� • O O o . . " m s n n O u0 / i /, C N H a CA-----,CA-----,---- O O cLC mmm F-HF-F-<z to F'< -ltd,\ i 1 -� - ~ �°o um°+ HP at m _ is ;/4 ..:_; Cd 41 C 4,,,,_ it \.k ., tilibb=.-----_:2//"/ig"' -' , 2 2 :i'-=7 =' 1 ..;1 (c.',2 i'2• ' 1 e / � • ° o ° ° ` ° ` " 33 3o � � eZU H. ° mmm e r -r< F- <> S OCOa v v ./ Z Z Z . i EXHIBIT J ASPEN PLANNL G Sc Z_ON-Di.G COiv[ USSION DECEMBER 15. 1998 p � �- material can occ within this these dri• .e(s). The applica �� ._. ® effort in wor :•g with the Parks Dee rtment to preserve the 1 14 on the • e Improvement Sa -y. 7. The site develop., -n n.,stand. •s of the Land Use ••eat Section 26.88.040 ' (4)(f) �lAU S ap• ication must includ: drainage mitigation . ,n (full size igned and stampe. .y an engineer registers• in the State of / III that serve as ac - s to the garages of the : "'nary residences, permitted, : • standard head-in/ou •arkingin these drive inadeq e depth. This shall be :oted on the Building •-rmi the .uilt plan sets require• .efo re issuance of a -rtificatt . ted forward of the f •not setback lines of bo , ots shall b4 height not to ezcee. our(4) feet from finis. grade. 10. Al made by the a. • cant in this applicatio. nd during public E Zoning Co.. ••fission shall be adhere. o and shall be consider unless . .erwise amended by an tity having authority to )c. ...._ __. _..... — .,....uu.� per.: t application,the final • e plan shall be reviewed /approval by the Community s evelopment Director, • hanges to the plan are c idered by the Director as be e , too substantial for an ad nistrative•approval,the e .ject shall be referred bac • the Planning and Zo ng Commission; findi i = the standards for co e •itional use have bee et. Bob Blaich s' ond. Roll call vote- .emrau,yes; Bue , yes; Mooney, ye., rickson, no; B1a'• 8, yes; Hunt es; G• ton,yes. APPRO ' D 6-1. 0 . ACTION I'I EM: - - � - i • I .. t__ ! :A1 •N: . 1 ON 1I A Chris Bendon, staff, stated this was not a public hearing; conceptual PUD goes through P&Z and then to Council; the public hearings are at the Final PUD with P&Z and Council. He said Growth Management was part of the final. Sara Garton inquired, from the commissioner comments, who was the applicant. Bendon replied that the city was the owner of the property and have given the authority for the Music Associates and SkiCo to submit an application; Jim Curtis and Tom Baker were the representatives for MAA and SkiCo. The property had not been subdivided or conveyed; it was not a "city project". Ron Erickson asked if the approval process was a contingency of the sale. Curtis affirmed that. • Bendon said conceptual was looking at the big picture. The use as proposed was seasonal housing, 203 beds in 69 units with accessory uses for MA.A practice rooms. He noted in conceptual certain issues and recommendations could be ® addressed. Bendon provided maps of the entire 215 acre Burlingame site pointing out the Maroon Creek Club, Highway 82 bisecting the property, Zoline parcel, the joint effort for the Burling g , et protection zone and 5 ASPEN PLANNING & ZONING CON EMISSION DECEMBER 15, 1998 possible free market lots. The transit stops for the futur e train, the Maroon Creek affordable housing, access, parking and Buttermilk were shown as well. Bendon stated that PUD allowed review of the entire project and provided more flexibility. He said the PUD criteria was how it related to adjacent parcels. He noted there were landscape, architecture and subdivision issues to be reviewed. He said there was a gate which responded to the Marolt parking issues but there were psychological issues involved with a gate. Bendon said the lot size and zoning were not decided yet. He said the Maroon Creek Club has an obligation with CDOT to build an underground bicycle and pedestrian way and there was a light planned at Buttermilk along with improvements to Highway 82; there needed to be an interim plan. There also needed to be a safety plan and noise plan as conditions of approval. Bendon stated there were 8 conditions of approval. Ron Erickson asked how the county moratorium affected this project. It would not. . Curtis said there was a discussion for the city, MAA and SkiCo to form a Ak partnership and city council gave consent to the MAA for a conceptual subdivision PUD.application with the cost and risk on the MAA. Garton noted some time constraints on the discussions tonight. Robert Harth, MA..A, explained the need for the project for housing; the MAA was headed for their 50th anniversary. He said they have down-sized their institution to 150 students which allows for a better program. He said the Grand Aspen will be torn down which means the MAA looses 200 beds, by June 2000 those beds needed to be replaced. Curtis explained the 202 beds created at Burlingame were a joint project from the MAA and SkiCo, the summer would be MAA and the winter would be a mix of SkiCo, open to the general public and RFTA. He gave the distribution of employees. Curtis said the Entrance to Aspen and Buttermilk re-development would create changes. He said the MAA looked at the Meadows property for the possibility of housing; he reviewed the SPA documents which did not allow student or seasonal housing on the Meadows Campus. He also reviewed the Marolt property for the possibility of more housing; it did not allow for any • additional housing on the open space and physically could not fit. Curtis said the plan changes based upon the information gathered during this conceptual stage. Garton said the amount of work done on this project was admirable but this commission has not seen the plans and needed to debate the issues. ASPEN PLANNING & ZONING CO\HSSION DECEMBER 15, 1_998 attorney for Maroon Creek Club, questioned the jurisdiction not Mickey Herron, a y , q � being in the city of Aspen prior to annexation. He noted the big picture should be reviewed as a whole. Curtis explained the statute allowing for review of a project prior to fouual annexation because the partnership was formed to proceed with the application. Garton addressed staff comments (Exhibit A) and asked the commissioners for their comments. Ron Erickson said the city set this parcel of land aside for housing and if we accept this principal then, the project has a part where it is located. Tim Semrau said this was probably the best that could be done for this project. Roger Hunt said maybe a better place for future housing was the Moore open space. He asked where the residents would eat, shop, etc. with regards to this location (Burlingame) not being near any facilities. Tim Mooney said that Burlingame would be developed but was the epitome of sprawl down the highway. He asked for the entire development plan for the adjacent properties and the rest of the Burlingame property. He stated concern for only dealing with part of the whole instead of looking at the entire picture. Bob Blaich said from the threshold O. standpoint he._did not have a major problem with Burlingame but he did agree with Mooney on looking at the entire Burlingame development before making a • decision. He said looking at only this piece of the entire development, brought issues for clarification in order to feel comfortable with the project. Blaich said transportation was a serious issue. Steve Buettow said not looking at the big picture was not desirable. He said the belui added to the tunnel effect of driving down highway 82. Garton said she agreed with her fellow commissioners and this did change the whole feel of Aspen. She said because this was the transportation should happen at this spot. She felt the development corridor, the development shou pp p p belonged at Marolt because it was part of the grid of the city. Garton said the SkiCo needed to come in with their part of the whole picture. She agreed that berms were not the answer. Bendon stated the issues needed to be raised. The commission was concerned with the issues of transportation, beluis, entire parcel, development across the highway, the highway, the transportation element and convenient support facilities for this area. Hoefer noted that it did have to meet the AACP. Erickson requested they set up at least another meeting for conceptual review with P&Z for a date tonight. Blaich said there were many people in the room for this meeting tonight and wanted to keep going tonight. Erickson said the density of the project had inconsistencies and the transportation issues were very important. ASPEN PLANNi__C_T__&ZONENG COMMISSION DECEMBER 15. 1998 au asked about the automobile over-flow, what will ha Semrau -� happen to the extra cars? He said the crossing of highway 82 was a huge issue. He requested research on the development of the golf course, even if it was not feasible. Blaich said the befiuis, the sound attenuation from the highway and airport, the interim transit strategy was important, the number of vehicles using Stage Road, the other part of the Burlingame project, estimated bus trips for MAA & other part of Burlingame, access from highway 82, the underpass from Maroon Creek Club is very icy and dangerous now and the public safety issues of the plan needed to be addressed. Hunt reiterated the beflus caused a tunnel effect and did not like them, landscape plan was of importance and flip flop the design so the parking lot was at the base of the hill. Garton stated that she was concerned about the support facilities, the entrance to Aspen (a representative to answer questions), berm and landscape plans. Buettow said the transit information and the big picture of all the parcels. Mooney stated the master plan for the whole area, impacts, traffic problems including construction, delivery, regular traffic, transit, pedestrian, bikeways, parking, access to the property, zoning proposals, curb, gutter, sidewalks, highway 82, projections for density and fees paid to the city were very important. Blaich said the safety, interior traffic patterns, on site parking, storage parking, highway crossing and transit were issues of concern. The continuation of this meeting was set for January 12, 1999 at 4:30 p.m. in City Hall. The meeting adjourned at 7:50 • ) (Jac kie Lothian, Deputy City Clerk ,-tEL!i & HEC NT DISTRICT COURT, PITKIN COUNTY, COLORADO MAY 6 1999 CIVIL ACTION NO. 99-CV-76-DIV.3 CITY OF ASPEN'S ANSWER, COUNTERCLAIM AND JURY DEMAND MAROON CREEK LIMITED LIABILITY COMPANY Plaintiffs, v. THE CITY OF ASPEN AND THE MUSIC ASSOCIATES OF ASPEN Defendants. COMES NOW the City of Aspen, by and through its undersigned counsel, and answers the Complaint filed herein as follows: 1. Responding to paragraphs 1, 2, 3, and 4, the City of Aspen admits the same. 2. Responding to paragraph 5, the City of Aspen states that the Aspen/Pitkin County Housing Authority is investigating potential development opportunities for the property identified in paragraph 5 with the intention of creating affordable housing. The City of Aspen denies all remaining allegation of this paragraph. 3. Responding to paragraph 6, the City of Aspen states that it is without knowledge or information sufficient to form a belief as to the truth of the allegations. contained in subparagraph (a) and the second sentence. It admits the remaining allegations contained in said paragraph. 4. Responding to paragraphs 7 and 8, the City of Aspen admit the same. 5. Responding to paragraph 9, the City of Aspen admits that the Maroon Creek Club agreed as part of its development approvals to mitigate the impacts of the approved development as alleged in subparagraphs (a) through (g). The City of Aspen states that it is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations contained in said paragraph. 6. Responding to paragraph 10, the City of Aspen admits to the allegations contained in the ® first sentence, but states that the second sentence calls for a legal conclusion and therefore Page 1 EXHIBIT L • • denies the same. 7. Responding to paragraph 11, the City of Aspen denies the same. 8. Responding to paragraph 12, the City of Aspen admits that the Detailed Submission for the Maroon Creek Subdivision approved by the Pitkin County Commissioners shows that there are locations where pedestrians and golf carts may cross over New Stage Road, North and South Underpass Roads and Tiehack Road. The City of Aspen denies all remaining allegations contained in that paragraph. 9. Responding to paragraph 13, the City of Aspen admits that the documents listed therein were created in connection with Pitkin County approvals and that those documents have been recorded with the Pitkin County Clerk and Recorders Office. The City of Aspen further admits that the Dedication Agreements have been approved for acceptance by the City Council. The remaining allegations contained in that paragraph call for legal conclusions and therefore the City of Aspen deny the same. 10. Responding to paragraph 14, the City of Aspen admits that Pitkin County and the Maroon Creek Club entered into a"License Agreement". The remaining allegations either state facts that it is without knowledge or information sufficient to form a belief as to the truth of the allegations or call for legal conclusions and therefore deny the same. 11. Responding to paragraphs 15 and 16, the City of Aspen states that they call for legal conclusions and further state that the "License Agreement" speaks for itself. Accordingly, the City of Aspen denies the same. 12. Responding to paragraph 17, the City of Aspen admits that the owner of the Burlingame Ranch and the Maroon Creek Club entered into an Agreement dated August 3, 1993, but denies the remaining allegations as they call for a legal conclusion and the Agreement speaks for itself. 13. Responding to paragraph 18, the City of Aspen states that it calls for a legal conclusion and therefore denies the same. 14. Responding to paragraph 19, the City of Aspen admits the same except that the City of Aspen denies that it agreed to "maintain all existing Pitkin County ... written interpretations." 15. Responding to paragraph 20, the City of Aspen states that it is without knowledge or information sufficient to form a belief as to the truth of the allegations therefore deny the same. 16. Responding to paragraph 21, the City of Aspen states that it is without knowledge or information sufficient to form a belief as to the truth of the allegations and therefore deny the same. Page 2 • 17. Responding to paragraph 22, the City of Aspen admits the same except that portion of the allegation that the states that the use of the Reserved Easements are "critical to the smooth and economically efficient operation of the Maroon Creek Golf Club and the integrity of the Tom Fazio golf course design." The City of Aspen is without knowledge or information sufficient to form a belief as to the truth of that portion of the paragraph and therefore denies the same. 18. Responding to paragraphs 23 and 24, the City of Aspen admit the same. 19. Responding to paragraphs 25 through 30, the City of Aspen deny the same. 20. Responding to paragraph 31, the City of Aspen admits the same except for the characterization that the access through Maroon Creek Club Subdivision is ``feasible and preferable." - 21. Responding to paragraph 32, the City of Aspen denies the same. 22. Responding to paragraph 33, the City of Aspen states that it calls for a legal conclusion and therefore denies the same. 23. Responding to paragraphs 34 through 40, the City of Aspen deny the same. 24. Responding to paragraph 41, the City of Aspen states that it calls for a legal conclusion and therefore denies the same. 25. Responding to paragraphs 43 through 57, the City of Aspen deny the same. AFFIRMATIVE DEFENSES FIRST DEFENSE The Complaint fails to state a claim upon which relief can be granted and should be dismissed pursuant to Rule 12(b)(5) of the Rules of Civil Procedure. SECOND DEFENSE Plaintiffs claims for relief are barred, in whole or in part, by its conduct, and by the doctrines of'aches, waiver and estoppel. THIRD DEFENSE Plaintiff has breached the Agreement dated August 3, 1993, between the Walter P. Paepcke Life Insurance Trust (the predecessor in interest of the City of Aspen to the Burlingame Ranch) and Pearce Equities Group II Limited Liability Company (the predecessor in interest to the Maroon Page 3 Creek Club Subdivision) and therefore is not entitled to any of the relief it seeks. FOURTH DEFENSE Plaintiff has breached the License Agreement dated September 2, 1993, between Pitkin County, Colorado, and Pearce Equities Group II Limited Liability Company (the predecessor in interest to the Maroon Creek Club Subdivision). The City of Aspen is a successor in interest to said License agreement upon annexation of the Maroon Creek Club Subdivision into the municipal boundaries of the City of Aspen and is third party beneficiary of said License Agreement as the successor in interest to the Walter P. Paepcke Life Insurance Trust. Accordingly, Plaintiff is not entitled to any of the relief it seeks. FIFTH DEFENSE • Plaintiff has violated the terms and conditions of the land use approvals relating to the Maroon Creek Club Subdivision. In particular, Plaintiff, by initiating this action and attempting to prevent public access to new Stage Road, Stage Court and the Stage Road Underpasses, has failed to dedicate said roads to the public as required by Pitkin County Resolution No. 91-111 granting approval, among other things, of a"Detailed Submission for Subdivision" (recorded with the Pitkin County Clerk and Recorders Office in Book 657 at Page 306); and the Subdivision Improvements Agreement for Maroon Creek Ranch, dated September 2, 1993 (recorded with the Pitkin County Clerk and Recorders Office at book No. 730 at Page 606.) WHEREFORE, having answered the Plaintiff's Complaint, the City of Aspen requests this Court to dismiss the Complaint with prejudice, to award costs, attorney's fees and expert witness fees, and to grant such other relief as may be just. COUNTERCLAIM Defendant, the City of Aspen, by and through its undersigned counsel, states the following as its Counterclaim: 1. On information and belief, plaintiff Maroon Creek Limited Liability Company is the successor in interest to the Pearce Equities Group II limited Liability Company ("Pearce") relating p■ to certain land use approvals granted by the Pitkin County Board of County Commissioners for the Maroon Creek Club Subdivision and ownership interests in the Maroon Creek Golf Club. • 2. The City of Aspen is the current owner of certain property commonly referred to as the Burlingame Ranch which lies adjacent to the Maroon Creek Club Subdivision. The City of Aspen purchased the Burlingame Ranch on January 15, 1997, from the then owner, The Walter P. Paepcke Life Insurance Trust. Cob.- c- " • 3. In August, 1993, Pearce was an applicant for certain land use approvals from the Pitkin County Board of County Commissioners for the development of the Maroon Creek Club Page 4 Subdivision. At or about that time, Pearce and staff members of the Pitkin County Community Development Department agreed that Stage Road could be vacated as access to the Subdivisions was to be provided by Pearce with the construction of New Stage Road off of State Highway 82. 4. Upon learning of Pearce's intention to close Stage Road, representatives of the Walter P. Paepcke Life Insurance Trust which owned the Burlingame Ranch voiced their concern to County ,))O staff and Pearce that Stage Road provided the only access to certain sections of the Burlingame Ranch. 5. On August 3, 1993, The Walter P. Paepcke Life Insurance Trust and Pearce entered into an a Agreement to address the concern regarding the closure of Stage Road and access to the D `f Burlingame Ranch. (The Agreement was subsequently recorded on November 12, 1993, with the Pitkin County Clerk and Recorder's Office at Book No,731,Pg. 52.) u 6. The August 3, 1993 Agreement recognized that Pearce and Pitkin County intended to close approximately 900 feet of Stage Road beginning at the point where it intersected State Highway 82. Instead of vacating the road, however, Pearce and Pitkin County decided to merely close Stage Road and the County would grant to Pearce an exclusive license to use the closed portion of Stage Road for landscaping, construction, drainage, the construction of a portion "Stage Court", driveways, parking, and trails. The Agreement further recognizes the rights of The Walter P. Paepcke Life Insurance Trust to access to the Burlingame Ranch over any reconfigured Stage Road • Pearce was required to build as part of the development approvals. 7. Section 1 of the August 3, 1993, Agreement which relates to the closing of a portion of Stage Road states, in part, as follows: "This portion of Stage Road [the portion of Stage Road to be closed] serves as the only existing road access to the west side of the south end of the Ranch from Colorado State Highway 82. In exchange for the Trust not opposing the closing of the portion of Stage Road which provides access to the west side of the south end of the Ranch from Colorado` State Highway 82, Maroon Creek agrees to insure that the remaining portions of Stage Road, to be known as "Stage Court," are reconfigured in such a manner as to allow the Trust to continue to have convenient and practical access to the west side of the south end of the Ranch from Stage Court at no cost to the Trust." 8. Section 1.B. of the August 3, 1993, Agreement which also relates to the closure of Stage Road,further states that "any closure of Stage Road shall be subject to the Trust's rights of access to the west side of the south end of the Ranch from Stage Road." 9. Section 2 of the August 3, 1993, Agreement relates to the reconfiguration of Stage Road to provide access to the Maroon Creek Club Subdivision by the construction of a new underpass under State Highway. 82 and the construction of a new road connecting from State Highway 82 to "Stage Court." That section of the Agreement reads, in part, as follows: "In connection with the Project, Pearce has proposed to reconfigure a portion of existing Page 5 • Stage Road and develop an intersection between relocated Stage Road and planned Stage Court as shown on No. 7 of the Detailed Submission. This portion of Stage Road serves as the only road access to the east side of the south end of the Ranch from Stage Road. In exchange for the trust not opposing the closing, licensing, and reconfiguration of the portions of Stage Road which provide access to the east side of the south end of the ranch from the existing Stage Road, Pearce agrees to configure the appropriate portion of Stage Road, to be known as "Stage Court" in such a manner as to allow the Trust to continue to have convenient and practical access to the east side of the south end of the Ranch from Stage Court at no cost to the Trust. Any closing of Stage Road by Pitkin County shall be subject to the rights of the Trust." 10. Section 4 of the August 3, 1993, Agreement sets forth the parties' agreement with respect to the future development of the Burlingame Ranch. That section states, in part, that prior to any formal land use application submission to Pitkin County, the parties agree to meet to discuss the development plans for the Ranch and the Trust is required"to the extent practicable and appropriate in the discretion of the Trust" to address any concerns that Pearce may have concerning the development plans for the Burlingame Ranch. In exchange for the requirement for this meeting, the, Agreement further states that "Pearce will not protest, object to, or otherwise oppose such an application with respect to" (a) "access to any portions of the Ranch along Stage Road and along Stage Court; provided such access is consistent with the provisions of the license granted from Pitkin County to Pearce;" and (b) "the location of any type of development, including without limitation employee housing, in the west portion of the Ranch." to surrounding roe owners and in full compliance of Section 4 of the 11. As a courtesy o s g p p rty p August 3, 1993, Agreement, representatives of the City of Aspen, the Aspen/Pitkin County Housing Authority, and defendant Music Associates of Aspen met with representatives of surrounding property owners, including the plaintiffs, on numerous occasions to discuss development plans for the Burlingame Ranch. Plaintiffs representatives have availed themselves of the opportunity to discuss development plans directly with the City Council and have been granted the opportunity to review all plans, including preliminary and conceptual plans. 12. To the extent practicable and appropriate, the City of Aspen through its representatives and_ elected officials has considered and addressed all reasonable concerns of the plaintiff related to they' compatibility of the development plans for the Burlingame Ranch with the Maroon Creek Club and neighboring lands. 13. Section 7 of the August 3, 1993, Agreement requires the parties to engage in arbitration if there is any "failure to agree on plans for the provision of access from Stage Road to the Ranch." Plaintiff has not declared that a dispute exists under the Agreement and has not sought to arbitrate any dispute they may now have with any development plans being proposed for the Burlingame Ranch. 14. On August 13, 1993, Pearce, Pitkin County, and other interested parties entered into a "Dedication Agreement for Roads" which related to Pearces' obligation pursuant to Pitkin County land use approvals to dedicate for public use, the new relocated Stage Road, and the North and Page 6 South Stage Underpass Road. Pearce agreed to dedicate these roads to the public for public use and Pitkin County agreed to accept them as dedicated public right-of-ways. (This Agreement was recorded in the Pitkin County Clerk and Recorder's Office in Book No. 730, Pg. 662, on November 12, 1993.) 15. The August 13, 1993, "Dedication Agreement for Roads" included as Exhibits proposed Road Dedication Deeds for New Stage Road, the North Underpass Road, and the South Underpass r Road. 16. On March 23, 1999, following the annexation of Maroon Creek Club Subdivision into the municipal boundaries of the City of Aspen on September 24, 1996, the City of Aspen accepted the Road Dedication Deeds for New Stage Road, the North Underpass Road, and the South Underpass Road as contemplated by the August 13, 1993, agreement between plaintiff and Pitkin County. Those road dedication deeds granted and conveyed to the City of Aspen the above noted roads "for public use," retaining to themselves certain rights "to encroach upon, over or under the Roads for.- , utilities, signage or information structures, sidewalks and for other purposes consistent with" the land use approvals granted by Pitkin County for the development of the Maroon Creek Club Subdivision by Pitkin County resolutions Nos. 91-111 and 91-112. (The Road Dedication Deeds were recorded on March 26, 1999, with the Pitkin County Clerk and recorder's Office as Reception Nos. 429232 and 429246.) FIRST CLAIM FOR RELIEF (Breach of Contract—August 3, 1993 Agreement) 17. Defendant City of Aspen incorporates paragraphs 1 through 16 of its Counterclaim as if fully set forth herein. 18. Plaintiff's action in filing suit against the City of Aspen and the Music Associates of Aspen in order to prevent the development of the Burlingame Ranch constitutes a breach of the August 3, 1993, Agreement which specifically prohibits plaintiff from protesting, objecting to, or otherwise opposing the development of the Burlingame Ranch. 19. Plaintiffs efforts to prevent defendants from using new Stage Road and Stage Court to access the Burlingame Ranch constitutes a breach of the August 3, 1993, Agreement which specifically grants to defendants said access and further guarantees that any reconfiguration of Stage Road would be done in a manner "as to allow [the City of Aspen] to continue to have convenient and practical access to the west side of the south end of the Ranch from Stage Court at no cost to -, the [City of Aspen];" (Section 1 of the August 3, 1993 Agreement) and "in such a manner as to allow the [City of Aspen] to continue to have convenient and practical access to the east side of the south end of the Ranch from Stage Court at no cost to the [City of Aspen]. (Section 2 of the August 3, 1993, Agreement). 20. Plaintiff's action in filing suit against the City of Aspen and the Music Associates of Aspen in order to resolve a dispute regarding access to the Burlingame Ranch over Stage constitutes a breach of the August 3, 1993, Agreement which specifically requires the parties to attempt to Page 7 • resolve any dispute by means of arbitration as set forth in Section 4 of said agreement. 21. The City of Aspen is currently engaged in a public-private venture with the Music Associates of Aspen for the development of the seasonal affordable housing project referenced hereinabove. In reliance of the August 3, 1993, Agreement and its rights to use new Stage Road and Stage Court Road to gain access to the Burlingame Ranch, the City has spent considerable resources including out-of-pocket expenses and staff time to assist in the conceptual design of the project and completion of an application for development. As a direct consequence of plaintiff s Complaint in this case, the City of Aspen has been unable to consummate financial arrangements_ intended to help finance the development of seasonal affordable housing at the Burlingame Ranch. If these financial arrangements cannot be completed because of this pending litigation, alternative financing necessary to complete the project will require the taxpayers of the City of Aspen to pay more in interest, financing charges, and other costs. 22. The City of Aspen has suffered, and will continue to suffer if the Complaint is not dismissed with prejudice at the earliest possible time. 23. The City of Aspen is entitled to recover its costs and expenses, including reasonable attorneys fees, in connection with defending plaintiffs Complaint, for all expenses and costs attributable to any failed financing scheme attributable to plaintiff's breach of the August 3, 1993, Agreement, and for all other compensatory and consequential damages suffered as a consequence of plaintiff's breach. In addition, defendant City of Aspen is entitled to recover punitive or exemplary damages from the plaintiff as plaintiff's breach of the August 3, 1993, Agreement is aggravated by the filing of a frivolous Complaint designed merely for the purpose of delaying the development of the Burlingame Ranch as contemplated by the parties at the time of the August 3, 1993, Agreement. SECOND CLAIM FOR RELIEF (Breach of Covenants—Road Dedication Deeds) 24. Defendant City of Aspen incorporates paragraphs 1 through 16 of its Counterclaim as if fully set forth herein. 25. Plaintiffs efforts to prevent defendants from using new Stage Road and Stage Court to access the Burlingame Ranch constitutes a breach of the Road Dedication Deeds executed by . plaintiff as grantor to the City of Aspen as grantee. 26. The Road Dedication Deeds grant to the City of Aspen the roads to be used "for public - use." In accepting the road dedication deeds, the City of Aspen has dedicated new Stage Road and the Underpass Roads as public right-of-ways for the general use of the public. 27. Plaintiffs retained rights to encroach upon new Stage Road are not superior to the City's right to use the roads as dedicated public rights-of-way. Plaintiffs retained rights in the roads and plaintiffs use of the roads in conformance with their retained rights may not interfere with the City of Aspen's right and the public's right to use the roads as public right-of-ways. Page 8 • 28. The City of Aspen has suffered, and will continue to suffer if the Complaint is not dismissed with prejudice at the earliest possible time. 29. The City of Aspen is entitled to recover its costs and expenses, including reasonable attorneys fees, in connection with defending plaintiffs Complaint, for all expenses and costs attributable to any failed financing scheme attributable to plaintiffs breach of the August 3, 1993, Agreement, and for all other compensatory and consequential damages suffered as a consequence of plaintiffs breach. In addition, defendant City of Aspen is entitled to recover punitive or exemplary damages from the plaintiff as plaintiffs breach of the August 3, 1993, Agreement is aggravated by the filing of a frivolous Complaint designed merely for the purpose of delaying the development of the Burlingame Ranch as contemplated by the parties at the time of the August 3, 1993, Agreement. - THIRD CLAIM FOR RELIEF (Breach of Contract-Subdivision Improvements Agreement) 30. Defendant City of Aspen incorporates paragraphs 1 through 16 of its Counterclaim as if fully set forth herein. 31. Plaintiffs efforts to prevent defendants from using new Stage Road and Stage Court to 8 access the Burlingame Ranch constitutes a breach of the Subdivision Improvements Agreement entered into between plaintiffs predecessor in interest, Pearce Equities Group II Limited Liability Company, and the Pitkin County, dated September 2, 1993. Section 7(d) of that agreement states unequivocally that "Pearce shall be responsible for the construction of relocated Stage Road which shall have an eighty (80) foot right-of-way dedicated to the County." 32. The City of Aspen has suffered, and will continue, to suffer if the Complaint is not dismissed with prejudice at the earliest possible time. 33. . The City of Aspen is entitled to recover its costs and expenses, including reasonable attorneys fees, in connection with defending plaintiff's Complaint, for all expenses and costs —� attributable to any failed financing scheme attributable to plaintiff's breach.of the August 3, 1993, Agreement, and for all other compensatory and consequential damages suffered as a consequence of plaintiffs breach. In addition, defendant City of Aspen is entitled to recover punitive or exemplary damages from the plaintiff as plaintiffs breach of the August 3, 1993, Agreement is aggravated by the filing of a frivolous Complaint designed merely for the purpose of delaying the development of the Burlingame Ranch as contemplated by the parties at the time of the August 3, 1993,Agreement. FOURTH CLAIM FOR RELIEF (Declaratory Judgment) Page 9 • 34. This Court has jurisdiction to enter a declaratory judgment pursuant to Section 13-51-101, ; '} et seq., and Rule 57, C.R.C.P. • 35. A declaration of rights by this Court would terminate the controversy between the parties and allow the defendant to continue to pursue its legal right to develop the Burlingame Ranch in the best interests of the citizens of the City of Aspen and to the full use of new Stage Road and Stage Court as contemplated by the parties in the August 3, 1993 Agreement. 36. The City of Aspen respectfully requests that the Court issue a declaratory judgement that the City of Aspen and the public is entitled to full access over, above, and through new Stage Road, Stage Court, and the Stage Road Underpass Roads for access from State Highway 82 to the. contemplated seasonal affordable housing project being developed jointly by the City of Aspen and the Music Associates of Aspen, and that the City of Aspen and the public is entitled to full access over, above and through new Stage Road, Stage Court, and the Stage Road Underpass Roads for access to the east portion of- the southern parcel of the Burlingame Ranch and any future development at that site which is duly approved by either the City Council of the city of Aspen or the Pitkin County Board of County Commissioners in accordance with their respective land use regulations. 37. the City of Aspen is entitled to its costs and expenses, including reasonable attorneys fees, in connection with defending plaintiffs Complaint and the institution of this Counterclaim seeking to enforce its rights and remedies under the August 3, 1993, Agreement and the Road Dedication Deeds. WHEREFORE, the City of Aspen, respectfully prays for a declaratory judgment in the favor of the City of Aspen and against the plaintiff setting forth the City of Aspen's access rights to new Stage Road, Stage Court and the Stage Road underpass roads; for damages in an amount to be proved at trial; for punitive damages in an amount determined at trial; together with costs and expenses, including attorneys fees as set forth in the August 3, 1993 Agreement, the Road Dedication Agreement, and Section 13-17-101, et seq., C.R.S.;expert witness fees, and such other relief as the Court deemed just and proper. Page 10 • • .JURY DEMAND COMES NOW defendant City of Aspen, by and through its undersigned counsel, and pursuant to Rule 38(b), C.R.C.P. hereby demands a trial by jury of all issues triable by a jury. DATED this 4 day of May, 1999. Respectfully submitted, ASPEN CITY ATTORNEY - By: n) John . Worcester,#20610 City Attorney Defendants Address: 130 South Galena St. Aspen, Colorado 81611 130 South Galena (303) 920-5055 Aspen, Colorado 81611 Counsel for the City of Aspen • • Page 11 CERTIFICATE OF MAILING I hereby certify that I have mailed a true and accurate copy of the foregoing Answer and Counterclaim of the City of Aspen by placing the same, properly addressed, with sufficient postage attached thereto in the United States Mail, this' -day of May, 1999, addressed as follows: David J. Myler 106 South Mill Street Aspen, Colorado 81611 Counsel for the Music Associates of Aspen David L. Lenyo 601 East Hyman Avenue Aspen, Colorado 81611 Counsel for Maroon Creek Limited Liability Company 7 • Page 12 S b '1+7 .Y_. i-.t.^..,#e.. v: .. 4. zk F. ,.- 3 �u s, G..}„.Y i", c .-°x'.:.': C ,e.4-... •. F .,. fi:. 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I r _ , ti x ” ✓ `s x ' y t: . � 3 -t t ' * yam'L^'F r a°s . "" x `3 v s . r yys,I :F, 1"+4, r 4 r.- y d 4 f �1 F;r may' c. E 2134 K ;- -t LT i 1` .� - L y c l}+ { r, s :t L 0 �; .. N fc t.!1 ; i.5- s ,4 E , 5,. c 'c-ts t z z f. Iu }e : ` "'K : ! x {t s , f -'.'c i. J'f � r L `, 4 ,.x , ,g,t at gT rY pi r x b S "�. rJa R - t 4 C 7 i tYy i! t 7 'K 31 iYr. Y . '� 3{, i • 5 Z '�.. C* } i c_' 1 iIg1 t.. rt t#.f.'N Er A ,.'. s v y y• .' +' 4. j # k ." lL '� - i +. "� t h ,P' tt .t Y . 1 F c"} r c r c S s i i ;'� - .-1 52. e G , S .F" v.Y � , • ,' r ._ L ,l'-'w,:(;...:.,,r 4,, ... _ :.. c. ...t{,» c x.. y ...ti,..,41..:,, . MAY 1 0 1999 DISTRICT COURT, PITKIN COUNTY, COLORADO(;H�• i 17 • CIVIL ACTION NO. 99CV-76-DIV.3 MUSIC ASSOCIATES OF ASPEN'S ANSWER,COUNTERCLAIM AND JURY DEMAND MAROON CREEK LIMITED LIABILITY COMP py Plaintiffs O v. THE CITY OF ASPEN AND THE MUSIC ASSOCIATES OF ASPEN Defendants. COMES NOW the Music Associates of Aspen(hereafter "MAA"), by and through its legal counsel,Freilich,Myler,Leitner& Carlisle,and in response to the Complaint in the above-captioned matter, states as follows: 1. As its Answer to the Complaint, MAA hereby joins in and adopts Paragraphs 1 through 25 as set forth in the Answer, Counterclaim and Jury Demand of the City of Aspen filed in this action on May 4, 1999. 2. As Affirmative Defenses to the Complaint, MAA hereby joins in and adopts the Affirmative Defenses as set forth in the Answer, Counterclaim and Jury Demand of the City of Aspen filed in this action on May 4, 1999. 3. As its Counterclaim, MAA states as follows: a. As joint venturer with the City of Aspen in the development and operation of _ the Burlingame Seasonal Doliuitory Project (as defined in the Complaint), MAA is a third party beneficiary with respect to the License Agreement referred to in Paragraph 14 of the Complaint;the August 3, 1993 Agreement referred to in Paragraph 17 of the Complaint; the Road Dedication Deed • referred to in Paragraph 14 of the Complaint; and the Subdivision Improvements Agreement described in Paragraph 31 of the City of Aspen's Answer, Counterclaim and Jury Demand. b. MAA hereby joins in and adopts Paragraphs 1 through 16 of the City of Aspen's Counterclaim as well as the City of Aspen's First, Second,Third and Fourth Claims for relief as set forth in the City of Aspen's Answer, Counterclaim and Jury Demand. • WHEREFORE, the Music Associates of Aspen respectively prays for a declaratory judgment in favor of the Music Associates of Aspen and against the Plaintiff setting forth the access rights of the Music Associates of Aspen and the public to New Stage Road, Stage Court and the Stage Road underpass roads; for damages in an amount to be proved at trial; for punitive damages in an amount to be determined at trial; together with costs and expenses, including attorneys' fees as set forth in the August 3, 1993 Agreement, the Road Dedication Agreement and Section 13-17-101,et seq.,C.R.S.,expert witness fees,and such other relief as the Court deems just and proper. JURY DEMAND COMES NOW DEFENDANT, Music Associates of Aspen, by and through its undersigned counsel, and pursuant to Rule 38 (b), C.R.C.P. hereby demands a trial by jury of all issues triable by a jury. Dated this 4`' day of April, 1999. Respectively submitted, FREILICH, MYLER, LEITNER& CARLISLE By: 41111"----- David M. Myler 106 S. Mill Street, Suite 202 Aspen, CO 81612 Defendant's Address (970) 920-1018 2 Music School Road Aspen, Colorado 81611 -2- CERTIFICATE OF MAILING I hereby certify that I have mailed a true and accurate copy of the foregoing Answer, Counterclaim and Jury Demand of the Music Associates of Aspen by placing the same, property addressed, with sufficient postage attached thereto in the United States Mail, this day of May, 1999, addressed as follows: John Worcester City Attorney City of Aspen 130 S. Galena Street Aspen, CO 81611 Counsel for the City of Aspen David L. Lenyo Garfield & Hecht 601 E. Hopkins Avenue Aspen, CO 81611 Counsel for Maroon Creek Limited Liability •mpany • -3- i LAW OFFICES FREILICH, MYLER, LEITNER & CARLISLE APR 2 1999 • A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS IN KANSAS CITY,MISSOURI IN ASPEN COLORADO 106 SOUTH MILL STREET FREILICH,LEITNER&CARLISLE ATTORNEYS AT LAW DAVID J.MYLER,P.C.' SUITE 202 ATTORNEYS AT LAW S.MICHAEL HOFFMAN' ASPEN,COLORADO 81611 • SHANE J.HARVEY' ROBERT H.FREILICH,P.C. ,LourrrED aca MARTIN L.LEITNER,P.C. FACSIMILE RICHARD G.CARLISLE,P.C. (970)920-4259 STEPHEN S.t MROKO�T P.C. TELEPHONE KYLE E.FOOTE (970)920-1018 DUfl Dw MO..CA'.!Cr.NC' CER11PI):D LAND USE PLANNERS MICHAEL t.LAUER,AICP JENNIFER K.BARRETT,AICP KIM S.BROPHY,AICP April 21, 1999 Maroon Creek Limited Liability Company SENT VIA FAX& MAIL d/b/a Maroon Creek Club • do Andrew V. Hecht Garfield& Hecht PC 601 E. Hyman Avenue 4110 Aspen, CO 81611 RE: Agreement dated August 3, 1993 between Walter P. Paepcke Life Insurance Trust and Pierce Equities Group II Limited Liability Company (the "Agreement") Dear Andy, I am authorized to write this letter on behalf of the City of Aspen (the"City"), as successor to the Walter P. Paepcke Life Insurance Trust (the "Paepcke Trust") and the Music Associates of Aspen (the "MAA") as a prospective tenant in the Burlingame Seasonal Housing Project (the "BSH Project")to be constructed on the property referred to as the"Ranch" in the above referenced Agreement. It was not until last Monday,April 12t,that John Worcester first became aware of the Agreement. On the following day, shortly before our meeting with you and Dave Lenyo, John advised me of its existence. Since then, we • have had a chance to evaluate its provisions as they relate to the issues recently raised by Maroon Creek Limited Liability Company (the "Maroon Creek"), as successor to Pierce Equities Group II Limited Liability Company (the "Pierce Equities"), regarding plans by the City and MAA to use Stage Road to access the BSH Project which is located in the Southwest portion of the Ranch. In paragraph 4,the parties to the Agreement acknowledge that the Paepcke Trust and its successors may develop certain projects on the Ranch, including employee housing, at some time in the future. Paragraph 4 provides further that Pierce Equities,and its successor Maroon Creek,will not protest,object to or otherwise oppose development of the Ranch with respect to certain issues, including access along Stage Road and Stage Court as those roads are shown on the approved plat of the Maroon Creek Club, or the location of the proposed BSH Project. EXHIBIT M FRZILICH,MYLER,LEITNER&CARLISLE 410 It does not appear as though either the City,as the Paepcke Trust successor,or MAA made a formal request for a meeting with Maroon Creek prior to the submission of the now pending application for approval of the BSH Project, as contemplated in paragraph 4 of the Agreement. However,prior to filing the Conceptual PUD Application on October 29, 1998, representatives of the MAA, as the anticipated purchaser of the site for the BSH Project, met with you and Chuck Vidal to discuss plans for access. At that meeting the nature of the project and the anticipated traffic generation, which MAA continues to believe is minimal,was discussed. It was also made clear that,unless an alternative was provided,the BSH Project would use Stage Road and Stage Court,as shown on the Maroon Creek Club Plat,for access. The MAA stated then and has consistently confirmed that it would not oppose the so called 4th leg intersection with Highway 82 or the re-opening of Old Stage Road to provide access,provided that the new alignment and intersection are safe and functional. We believe that Maroon Creek has had sufficient notice of the plans under consideration by the City and MAA to be adequately advised as to the nature and extent of development proposed, and has had ample opportunity to comment on and offer suggestions relating to compatibility of the BSH Project with Maroon Creek facilities. Nevertheless,if Maroon Creek would like to meet again with representatives of the City and MAA to discuss the current proposal and to formally submit its statements of concern as contemplated in paragraph 4 of the Agreement,both the City and MAA are prepared to accommodate that request and, as we have indicated in the past, are more than willing to consider openly and in good faith any reasonable suggestions which Maroon Creek may have to address its concerns regarding the traffic to be generated by the BSH Project. Likewise, if Maroon Creek desires to meet with the City prior to the filing of a land use application for the balance of the Ranch, that meeting will be arranged as well. Very Truly Yours, FREILICH, MYLER, LEITNER& CARLISLE 111110 By. David J. Myler DJM:ag cc: John Worcester Robert Harth Jim Curtis C:'Docs\DiM\Maroon Creek Club,Andrew Hecht SENT BY ASPEN CLUB PROPERTIES ; 6-28-99 14:26 ;RCV BY:ASPENCLUBPROP 970 920 5119;# 2/ 2 4, tlf � " � °tT < �'" IP '� 4 tie,�w �j1t 74'11' - R c'.r L k.T'1 C S y ' ? 1 A s.A` L' 1V tfn June 28, 1999 Aspen City Council Via Fax: (970) 920-5119 Dear City Council Member, I want to express my very strong support for the Burlingame employee housing development. The housing situation is the worst I have seen in twenty five years as a business manager and owner in Aspen. The lack of housing is restricting ourr ability to, provide our valuable resort customers with the type of service they deserve and expect. We all live off Aspen the resort" and the resort cannot continue to attract customers without quality services, and a stable work force is essential to the delivery of quality service. I came before the city council two years ago at a brown bag lunch to request help in developing additional housing for our employees and the city has responded. I thank you for your work in generating additional employee housing units. I hope that you will continue to help create the types of employee units essential for us to continue to maintain a stable workforce. The entire community has been continually short of staff during the past five years and there is no question the situation is going to continue to decline as the demographic numbers work against us. Best regards, Chuck Frias Owner CF/kn nr.Af. F'.cr',r : • rnc)rEnrY MANnui.mk.NI • vnt AT,tln• RI-NIALS • s1Nt:s 1971 7 0 En.,L Uurant, A.epcn. Colorado e+1oll 970:920.2000 rAx 970-920-2020 1.300.633-0{!6 F•M AII.: rebel algfi41110f71u OpTUpeTLIOF.f.fpm Wrn 611p; -tvu.tu. ,,,xprupertira.CUm 1 64 • ; ® •c w \ / z � ,r c4� O u) w° °�' RS LLT: tow i Ice u) O Q. 73 V Z r 1$2 ye./ U) >1 = C7) N a) MINIM to M W , . . 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