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Home My WebLink AboutLand Use Case.1360 Tiehack Rd.A070-011-1 66 4 ; e \AC. Cl R & <*2Â» - A070-01 -Maroon Creek Club PUD Amendment to to allow for Setbacks 1 < juilk'de q op T I 1 0 4/I j 3 A CASE NUMBER A070-01 PARCEL ID # CASE NAME Maroon Creek Club Insubstantial PUD Amendment PROJECT ADDRESS Maroon Creek Club PLANNER James Lindt CASE TYPE Insubstantial PUD Amendment OWNER/APPLICANT Maroon Creek Club Master Association REPRESENTATIVE Brooke Peterson DATE OF FINAL ACTION 10/22/01 CITY COUNCIL ACTION PZ ACTION ADMIN ACTION Approved w/ Condition BOA ACTION DATE CLOSED 10/23/01 BY J. Lindt L + I ,. PikE-ECID: _wmm,] DATE RCVD: j6/29/01 # COPIES:~ CASE NO~A070-01 CASE NAME:~Maroon Creek Club Insubstantial PUD Amendment F Pl-NR:| AimB 3-4 0115 1-411 PROJ ADDR:|Maroon Creek Club CASE TYP:]Insubstantial PUD Amendment STEPSÂ·1 -' 1 -mm~i OWN/APP:~Maroon Creek Club ADR C/S/z:] PHN: REP:IBrooke Peterson ADR: 315 E. Hyman Ave., st ' C/S/Z:~Aspen/CO/81611 PHN<925-8166 FEES DUE:~500 D FEES RCVD1500 STAT: F REFERRALS REFl BY~ ~ DUE:1 -<*' ./ f 1/. I il -w-m~ .,, / 1 - I I .4/ MTG DATE REV BODY PH NOTICED ~ l 1 It DATE OF FINAL AC~EMi|1 92*01 CITY COUNCIL: REMARKS~ Pll CLOSED: 1 194JUBY:~37 d.11- BOA: DRAC: PLAT SUBMITD: | PLAT (BK,PG):~ ADMIN:Amrowd w cav* It MEMORANDUM TO: Julie Ann Woods, Community Development Director FROM: James Lindt, Planning Technician O-L RE: Revised Maroon Creek Club Subdivision Insubstantial PUD Amendment DATE: October 16,2001 SUMMARY: The Maroon Creek Club Master Association, represented by Brooke Peterson, has applied for an insubstantial amendment to an approved Maroon Creek Club PUD to allow for areas outside the building envelopes the ability to be developed in a similar fashion to what is allowed in the current City of Aspen setbacks. The applicant is requesting to have the proposed amendment apply to lots 4,6 through 11,inclusive, 13,14, 15, 17 though 40, and 46 through 48 inclusive. The applicant is proposing that the areas outside of the approved building envelopes on the aforementioned lots be governed by city land use code section 26.575.040(A), Projections Into Required Yards, with the exception of subsections (A)(1) through (A)(4). Please see Attachment "C" for the city land use code section 26.575.040(A). BACKGROUND: According to some of the people involved in the original approvals for the Maroon Creek Club PUD, the original intention was that on the smaller lots within the PUD there was to allegedly be a "development envelope" approved between the building envelope and the lot lines that would allow development as described in the Maroon Creek Club Design Guidelines. However, the final recorded Subdivision/PUD plat did not show or reference "development envelopes" on these small lots and the Maroon Creek Club Design Guidelines were never signed by the County or the City, and are not recognized as an approval document. Therefore, over the past several years the City Zoning Officer has only allowed development outside the building envelope that is consistent with what is allowed outside the building envelope in the Pitkin County Land Use Code (under which the PUD approval was originally granted). The Maroon Creek Club Design Guidelines require that property owners do certain tree plantings outside the prescribed building envelopes. These non-native plantings directly conflict with what is allowed outside the building envelope under the Pitkin County Land Use Code's definition of a "building envelope". The applicant is requesting that the PUD be amended to allow for Section 26.575.040(A)(5) through 26.575.040(A)(8) (Attachment "CD to govern the areas between the building envelope and the lot lines on the aforementioned lots. 1 STAFF FINDINGS: Staff finds that lots 4, and 6 through 11 should not be amended administratively because they already contain platted "development envelopes" that allow for non- native landscaping and retaining walls to be developed within the development envelopes. Staff feels that the proposed amendment may be inconsistent with the character of the original approvals in that it is clear that these lots already contained specific areas in which to plant non-native landscaping(Development Envelopes). The applicant may seek approval for this amendment through a review by the Planning and Zoning Commission. Lots 14 and 15 are the parking lot parcels that are already landscaped and don't contain building envelopes. Lots 17 and 18 are the Townhome Lots that are already governed by City Setbacks. With regards to lots 13, 25 through 40, and 46 through 48, staff finds that these lots have already been graded and landscaped outside of the building envelopes, in conflict with the requirements for building envelopes in the Pitkin County Land Use Code. Staff finds that the City of Aspen Setback Regulations as proposed in this application would be more appropriate than building envelopes on these specific lots because many of the lots have been developed beyond the scope of what a building envelope is intended for. Building envelopes are typically set up to protect pristine, untouched areas or to preserve wildlife migration corridors which for the mostpart no longer exist on these lots. City Natural Resources and Construction Manager, Stephen Ellsperman, finds that some valuable native areas do exist within lots 19 through 24 and has recommended that a condition be placed on the amendment that would restrict the approval to only allow for Section 26.575.040(A)(5) through 26.575.040(A)(8) to only applv outside the building envelope as far back as the rear of the approved building envelopes on these specific lots. A drainage area that abuts the rear of lots 19 through 24 has been identified as an important wildlife corridor by Stephen Ellsperman. Ellsperman has also indicated that this drainage area remain undeveloped and untouched. Ellsperman has also indicated that some native tree plantings would be acceptable on vacant Lots 19 and 20 for the purpose of screening the golf course, but cautions that the planting should be limited and informal to maintain the "open feel" of the meadow. Though we will not regulate a specific landscape plan, we do recommend that the City Forester be consulted for tree placement at the time of landscaping. The City Engineering Department also has concerns about utility and emergency service personnel's access between the building envelopes. The Engineering Department recommends that a condition be placed on the amendment that puts the applicant on notice that any landscaping or retaining walls developed outside the approved building envelope will be allowed at the owner's risk and expense, and that if utility or emergency service personnel need to access the approved building envelopes that they will have the right to do so without preserving the non-native landscaping and improvements. 2 Staff has reviewed this proposed amendment and recommends that the Community Development Director administratively approve the proposed amendment with conditions on Lots 13, 14, 15, 17 through 40, and 46 through 48. APPLICANT: Maroon Creek Club Master Association, represented by Brooke Peterson, Kaufman & Peterson. LOCATION: Lots 13,14,15,17 through 40, and 46 through 48 included in this approval. ZONING: R-15 PUD REVIEW PROCEDURE: Insubstantial amendments to an approved PUD may be approved by the Community Development Director, pursuant to Section 26.445.100. STAFF COMMENTS: Review criteria and Staff Findings have been included as Attachment "A". The application has been included as Attachment "B". City of Aspen Land Use Code Section 26.575.040(A) has been included as Attachment "C". A map of the area to remain undisturbed is included as Attachment "D". RECOMMENDATION: Staff recommends the Community Development Director approve with conditions this Insubstantial PUD Amendment to allow for the area between the building envelopes and the lot lines to be governed by Section 26.575.040(A)(5) through 26.575.040(A)(8), "Projections Into Required Yards", of the City of Aspen Land Use Code on lots 13,14,15,17 through 40, and 46 through 48. APPROVAL: I hereby approve this Insubstantial Amendment on lots 13,14, 15,17 through 40, and 46 through 48 of the Maroon Creek Club PUD as proposed with the following conditions. 1. No development (including any landscaping) shall be allowed beyond the rear perimeter of the existing approved building envelopes of Lots 21 through 24 (see Attachment "D" for areas to remain undisturbed). 2. Ifremoval of landscaping or a retaining wall is required outside of the approved building envelopes for either utility personnel or emergency services to access through the subject lots, the utility an(For emergency services personnel will not be responsible for replacing the landscaping or retaining walls. The owner shall be responsible for bearing the cost of the replacement landscaping or retaining walls. 3 3. Trees that are located outside of the approved building envelopes on Lots 21 through 24 shall not be removed without a tree removal permit issued by the City o f Aspen Parks Department. 4. Any landscaping to the rear of the building envelopes on lots 19 and 20 shall be approved by the Maroon Creek Club Master Association in consultation with the City Forester prior to planting to ensure that the landscaping will remain open and informal adjacent to the golfcourse. APPROVED 41-6 /t- C.Joo~ date 1 Â©// 760 <~lie Ann Woods, Community Development Director OCT 1 7 2001 COMMUNiT~ DEVELOPMENTDIRECTOR 4 ~Jd,2.1-, date /0~Â£ 24/0 r CIr( OFASPEN Gary Al~ert, Mar&on Creek Club Master A~sociatibn ATTACHMENTS: Attachment "A" -- Review Criteria Checklist Attachment "B" -- City ofAspen Land Use Code Section 26.575.040(A) Attachment "C" -- Application Attachment "D" -- Map of area to remain undisturbed. G:/PLANNING/ASPEN/CASES/INSUBSTANTIAL/MCCBUILDINGENVELOPE 4 ATTACHMENT A Case No. A070-01 Parcel ID No. Multiple Parcels Zone District R-15 PUD Reviewed By James Lindt Date 9/24/01 Insubstantial PUD Amendment Checklist 26. 445.100 Review Criteria All insubstantial PUD Amendments shall meet the following criteria, pursuant to Section 26.445.100, Amendment to PUD Development Order: d' The proposed amendment does not change the use or character of the development. N~ The proposed amendment does not increase by greater than three (3) percent the overall coverage o f structures on the land. Gt The proposed amendment does not substantially increases trip generation rates of the proposed development, or the demand for public facilities. ~ The proposed amendment does not decrease the approved open space by greater than three (3) percent. ~- The proposed amendment does not reduce the off street parking and loading space by greater than one (1) percent. ~- The proposed amendment does not reduce required pavement widths or rights-of- way for streets and easements. ~ The proposed amendment does not increase the approved gross leasable floor area of commercial building by greater than two (2) percent. R< The proposed amendment does not increase the approved residential density of the development by greater than one (1) percent. ~ The proposed amendment will not enact a change which is inconsistent with a condition or representation of the project' s original approval or which requires granting a variation from the project' s approved use or dimensional requirements. 5 26.575.040 Yards. - A#ack M â‚¬ M k 'ch u The following supplem regulations shall apply to all yards. A. Projections Into Required Yards. Yards shall be unobstructed from the ground to the sky except for the fol- lowing allowed projections: 1. Building eaves--Eighteen (18) inches; 1. Architectural projections-- Eighteen (18) inches; 3. Individual balconies not utilized as a passageway (provided they do not project more than one-third (1/3) the distance from the exterior wall to the property line)--Four (4) feet; A. Fire escapes required by the Uniform Building Code--Four (4) feet; 5. Uncovered porches, slabs, patios, walks, retaining walls, steps and similar structures, which do not ex- ceed thirty (30) inches above or below natural grade, shall be permitted to project into the yard without restriction. Projections may exceed thirty (30) inches below grade if determined to be required by the chief building official for window egress. 6. Fences, hedges, berms and walls less than six (6) feet in height, as measured from natural grade, are per- mitted in all required yard setbacks. (See, Supplementary Regulations - Section 26.575.050, Fences.). 7. Driveways Driveway access shall not exceed a depth or height greater than twenty-four (24) inches above or below grade within the required front yard setback. Within all other required setbacks, driveway access shall not exceed a depth or height greater than thirty (30) inches above or below grade. Parking is only permitted within re- quired setbacks if it is in an approved driveway or other area approved for parking. 8. Exterior merchandizing. Exterior merchandizing in non-residential zone districts shall be prohibited in all required yard set backs. ~~kCAFMâ‚¬ vit *64 LAWOFFICES OF BROOKE A. PETERSON KAUFMAN & PETERSON, P.C. TELEPHONE GIDEON I. KAUFMAN* (970) 925-8166 TERRI J. KAFRISSEN FACSIMILE 315 EAST HYMAN AVENUE, SUITE 305 (970) 925-1090 ASPEN, COLOFU\DO 81611 OF COUNSEL HAL S. DISHLER" * ALSO ADMITTED IN MARYLAND *Â· ALSO ADMITTED IN TEXAS VIA HAND DELIVERY .Tune 25,2001 Mr. Julie Ann Woods, Director Mr. James Lindt, Zoning Enforcement Officer Aspen/Pitkin Community Development Department 130 South Galena Street, Third Floor Aspen. Colorado 81611 Re: Maroon Creek Club Subdivision/Application for Insubstantial PUD Amendment Dear Julie Ann and James: Please allow this letter to serve as an application on the part of the Maroon Creek Club Master Association, as the duly authorized representative of the owners of the lots in the Maroon Creek Club Subdivision (the "Applicant"), for an Insubstantial PUD Amendment to the approvals for the Maroon Creek Club Subdivision for the following purposes: 1. To define the areas outside of the building envelopes of Lots 4, 6 through 11, inclusive, 13, 14, 15 and 17 through 40, inclusive, in the Maroon Creek Club Subdivision as "Yards", with the additional clarifications listed below: (a) The projections permitted by Sub-subsection A(1) through A(4), inclusive, would not be permitted. (b) New landscaping, irrigation and trees would be defined as allowed uses in the "yard". Any of these uses would have to also be approved by the Maroon Creek Club Master Association. (c) Those improvements allowed by Sub-subsection A(7) would also require the approval of the City of Aspen Engineering Department and the Maroon Creek Club Master Association. With respect to the specific submission requirements, please be advised as follows: 1. Review Deposit. Enclosed please find a check from the Maroon Creek Club Master Association in the required amount of Five Hundred Dollars ($500.00). Ms. Julie Ann Woods, Director Mr. James Lindt, Zoning Enforcement Officer June 25,2001 Page 2 2. Pre-Application Conference Summary. Enclosed please find the Pre-Application Conference Summary prepared by James Lindt. 3. Fee Agreement. Enclosed please find the Fee Agreement with the City duly executed by Gary Albert, President of the Maroon Creek Club Master Association. 4. Property Owner's Consent. Enclosed please find a Consent Letter duly executed by Gary Albert as President ofthe Maroon Creek Club Master Association. By virtue ofthe provisions of the Protective Covenants for the Maroon Creek Club Master Association, copies ofthe relevant sections of which are enclosed, the Maroon Creek Club Master Association is granted all of the powers set forth in Colorado Revised Statute 38-33.3-302 (a copy ofwhich is also enclosed), which includes the power to "institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itsel f or two or more unit owners on matters affecting the common interest community". As I discussed with John Worcester, we submit that the authority set forth in the Protective Covenants and relevant statutes allow the Maroon Creek Club Master Association the ability to process this application. The Maroon Creek Club Master Association's address, for the purposes of this application, is c/o Brooke A. Peterson, Esq., Kaufman & Peterson, P.C., 315 East Hyman Avenue, Suite 305, Aspen, Colorado 81611; telephone: 970-925-8166. Furthermore, we, as attorneys for the Maroon Creek Club Master Association, certify that all of the information contained in the submission is correct. 5. Location ofProperty. The property affected by this request is the Maroon Creek Club Subdivision, located adjacent to Tiehack Road and The Buttermilk Ski Area in the City of Aspen. 6. Explanation of Proposal. The purpose of this application is to clarify what may be done in the land areas between the edge of the building envelopes and the lot lines of certain lots in the Maroon Creek Club Subdivision. The Applicant believes that it was never the intent of the Board of County Commissioners when this subdivision was approved to disallow all development outside the building envelopes on the affected lots. Indeed, many of these lots have already been developed with improvements which technically would be prohibited by an interpretation of PUD and City regulations which would disallow all development. This interpretation is also inconsistent with the recorded Protective Covenants for the Maroon Creek Club Subdivision, the design guidelines for this subdivision and the approvals for this subdivision. The requested clarifications do not alter the actual use of the lots in any manner and will indeed make them more aesthetically pleasing. With respect to the criteria set forth in Attachment #5, Review Standards, to the Pre-Application Conference Summary, we believe that the explanation above addresses Criteria #1. We do not believe, for obvious reasons, that Criteria #2 through #8 are applicable to our request since these will be fundamentally no change to the Maroon Creek Club Subdivision as approved and Ms. Julie Ann Woods, Director Mr. James Lindt, Zoning Enforcement Officer June 25,2001 Page 3 contemplated by the granting of the proposed amendment, and none of the actual land areas of the existing parking, open space, streets, or easements will be affected. Clearly, this is not a commercial project nor will the residential density be affected. With respect to Criteria # 9, we do not believe that the proposed amendment will have any effect other than confirming what all of the landowners and the Maroon Creek Club Master Association have thought since the inception of the Maroon Creek Club Subdivision, which is that the landowners would be allowed to do landscaping and permitted improvements in the area between the building envelopes and the lot line, subject to the prior approval of the Maroon Creek Club Master Association. 7. Prior Approvals. Enclosed herewith are copies of the final County Resolution granting approval for the Maroon Creek Club Subdivision, the Subdivision Improvements Agreement, and Ordinance No. 40 annexing this property into the City of Aspen. 8. Vicinity Man. Enclosed is a copy of the vicinity map of the Maroon Creek Club Subdivision. 9. Planned Unit Development Map. Enclosed is a copy ofthe first page of the Plat for the Maroon Creek Club Subdivision. 10. Recorded Documents. Other than the enclosed documents, we do not believe any other recorded documents will be affected by this application. We respectfully request therefore that the Insubstantial PUD Amendment as set forth herein be approved administratively by you as soon as possible. Should you need any further information, please do not hesitate to contact me. Thank you for your time and attention to this matter. Yours very truly, Ky.1FMXN3 PETÂ¥RSONXC. ~A Professionvt Cor~43~ation f vf<D b 1 By:/ All. \' A--7 BAP/ljk C / ~rofke A. ~ersoN U( Enclosures 1/ CC: Maroon Creek Club Master Association (via facsimile w/0 encl.) John Worcester, Esq. (via facsimile w/0 encl.) William Lukes (via facsimile w/0 enc'.) letters\anspen pitkin comm dev lindt woods I li . Sent By: William Lukes + Associ . s; 970 920 6986; OC n 12:48PM; Page 1/1 1 1 , 4 WILLIAM 1.UKES + ASSOCIATES 1 PROJECT MANAGEMENT ARCH]!ECTU RE 2 October 2001 James t Kit, City Planning Technician City c f pen Community Development Department 130 South Galena Aspen, Colorado 81611 re: Maroon Creek Club Master Association Request for approval of Insubstantial Amendment to the Plat t James:, M ; 1 Please *cept this letter as a modification to the application submitted by Brooke Peterson on behalf of the Master Association. Since both parties would like to get the language agreed upon before your vacation and Brooke is not available right now, I will confirm our conversation as you requested. 1 Based on the conversation you and I had this morning about the appropriate lots to be included in the amendment, the proposed amendment should include all lots which do not clearly show distinct building and development envelopes on the plat map. By my c8unt, this would include the following lots tots 13, 14, 15, 19 -40 inclusive, and 46 - 48 inclusive. Lots 16 *iough 24 inclusive would be subject to the two types of"rear yard" restrictions set forth in your amendment in order to preserve the wildlife corridor. We would also appreciate your including the other clarifications that you and I discussed so that MCC can have a final version of the amendment before the end of the day. Upon your return, we can get Julie Ann Wodds and Gary Albert to execute the amendment. Thank you for your continuing assistance - please call if the above does not agree with your list. Cordially, P LO - William tukes AIA ArchitecÂ¥,rat Advisor to the Site and Architecture Review Committee of the Maroon Creek Club Master Association P.:i O,lic, 8(.i. 8.89 copies: Brooke Peterson Brian Martin / MCC A b P F A Ch) 1. () R A DO tary Albert 8 IÂ¢,lI 970.920.6929 FAX 920.0986 Sent By: William Lukes + Assoc' 970 920 6986; Ap 7:18PM; Page 3 ArK-13-Huul PK! UO:UZ AM FAX NO, P, 02 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: James Lindt, 920.5441 DATE: 4.13.01 PROJECT: 1 lightands Planned Unit Development Amendment REPRESENTATIVE: Bill Lukes & Brook Pelerson OWNER: TYPE OF APPI.!CATION: PUD Amendment DESCRTPTTON: PUD Amendment to approve and define what is pennitled outside the Building Envelopes oil the small lots at the Maroon Creek Club. Staff feels that it may be possible to do this administratively if the applicant proposes that the new requirementsbe similar to what is allowed in current City of Aspen Selbacks pursuant to section 26.575.040, Yards. with the exception of the first 3 allowances in this code section.. Also, an amendment to approve and provide a definition of Natural Area outside Ihe Development Envelopes oil the larger lots at the Maroon Creek Club. Land Use Code Section(s) 26.445.100(B) Amendment of PUD development order. Review by. Staff for complete application, referral agencies for lechnica[ considerations, Community Development Director for final i,pproval, If Community Development Director does not think that it meets criteria for ]Bsubstantial PUD Amendment then goes to Planning and Zoning Commission for a Public Ilearing. Public Hearing: No, unless Community Development Director does not think the proposed amendment meets the criteria for an insubstantial amendment. Referral Agencies: Parks Department Planning Fees: Planning Deposit $500 Referral Fees: Total Deposit: 5500 To apply, submit the following information: 1. lotal Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Signed fee agreement. 4. Pre-application Conference Summary. 5. An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. 6. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 7. Application materials set forth in minimum submission requirements of attached land use application, 8. Application materials set forth in specific submission contents of attached land use application. 8. 2 Copies of the complete application packet (items 1-8) Process: Apply. Planner checks application for completeness. Staff reviews application against PUD Amendment Standards. Application taken to DRC for City Departinent referral comments. The Community Development Director approves the decision notice for an insubstantial amendment if staff feels that the application meets the criteria for an insubstantial amendment. Disclaimer: Tile foregoing summary is advisory in nature only and is not binding on tile 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 Icgal or vested right. Sent By: William Lukes + Assoc' 970 920 6986; Ap 7:20PM; Page 8/12 MrK- 13-ZUU 1 PK 1 Ud T U4 An FAX NO, 1 P. 07 ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of ARpen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Maroon Creek Club Master Association (hereinafter APPLICANT) AGREE AS FOLLOWS: l. APPI.TCANT has submitted to CITY an application for Insubstantial P.U.D. Amendment (hereinafter, THE PROJECT), 2. APPLICANT understands and agrees That City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and Lhc payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT anc] CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this Lime to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and w thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees addiliona! 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 tile CITY when they are necessary as costs are incurred. CITY agrees k will be benefited through the greater certainty of recovering irs full costs to process APPLICANT'S application, 4. CITY and APPLICANT fur[her agree that it is impraoticable for CITY staff to complete processing or present sufficient inforination to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to makc legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that iii consideration of the CITY'5 waiver of ils righ[ to collect full t-ccs prior to a decermination of application completeness, APPLICANT shall pay an initial deposit in the amount of $_. 500.00 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 reiniburse che CITY for the processing of ilic application inentioned above, including post approval review at a rate of $203.00 per planner hour over The initial deposit. Such periodic payinents shall bc made Withill 30 days of the billing date. APPLICANT further agrees that failure--toÂ·Â·pily such .ace. Lcd costs shall be ground.s for suspension of processing, and in no case will building permils bc issued until all costs associaled with case processing have bcen paid. CITY OF ASPEN APPLICANT Maroon Creek CluB~Baster Association /1- r-0 - By: \ 10Â¢ Ann Woods 4/ CMFL~ Albeft~ President (to*munity Development Director Date: June 19, 2001 V Mililing Address: c/o Kaufman & Peterson, Esq. 315 East Hyman Avenue, Suite 305 Aspen, Colorado 81611 Attn: Brooke A. Peterson, Esq. g:\support\forms\agrpayas.doc 1/10/01 m LETTER OF CONSENT I, Gary Albert, as President of the Maroon Creek Club Master Association (hereinafter the "Association"), on behalf of said Association, hereby consent to the filing of the Application for Insubstantial P.U.D. Amendment as detailed in the Application from Kaufman & Peterson, P.C. and I hereby authorize Kaufman & Peterson, P.C., 315 East Hyman Avenue, Suite 305, Aspen, Colorado; telephone: (970) 925-8166, to act upon behalf of the Association. 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I i 1% / 114 coâ€¢,Slk? 141,67 '.3/ -----1)\ 1 - - - no. 7-1 . .1 . /.,0.. ..1.- 91-16 4-1 -~i~==A=L---- - FINAL PLAT OF 1 i.. 0. r. 1 ,Â·,PZ.tÂ¢+RCA;1~a MC* 6= 17Â»0 Al-* C.'.'.- 1 - MAROON CREEK- alBtWAIVIVINWInmENI Ct,orwvt.Irt, 1 0,1 n ~ Â· '" Â· 1~+I,+49//1.4*47 Nymâ€¢111 MEMORANDUM TO: Plans were routed to those departments checked-off below: ';SCE...... City Engineer 0........... Zoning Officer 0........... Housing O........... Parks Department O ........... Aspen Fire Marshal 0........... City Water O........... Aspen Consolidated Sanitation District O ........... Building Department O ........... Environmental Health O........... Electric Department O........... Holy Cross Electric City Attorney O........... Streets Department O ........... Historic Preservation Officer O........... Pitkin County Planning TO: Engineering Department FROM: James Lindt, Acting Zoning Officer Community Development Department 130 So. Galena St.; Aspen, CO 81611 Phone-920.5441 Fax-920.5439 RE: Maroon Creek Club Insubstantial PUD Amendment to allow for City Setback Regulations outside the approved building envelopes on Lots 4,6 through 11, 13, 14, 15 and 17 through 40. DATE: July 9,2001 COMMENTS: Please find attached an application for a PUD Amendment to allow for the small lots at the Maroon Creek Club the ability to develop what is allowed in the City Setbacks between their building envelopes and their lot line. The applicant wants to amend their PUD so that these certain lots can be landscaped in a manner similar to what is allowed in the City Setbacks, this would include allowing retaining walls for landscaping purposes that could not exceed 30 inched above or below natural grade. Do you have any concerns about allowing them to have this ability on these lots? Please return comments to me by July 17th. Sent By: William Lukes + Asso t 970 920 6986; ' 7:18PM; Page 3 ArK-13-Zuul 1.Kl UM:UZ f FAX NO, L P, 02 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: James Lindt, 920.5441 DATE: 4.13.01 PROJECT: 1]ighlands Planned Unit Development Amendment REPRESENTATIVE: Bill Lukes & Brook Pelerson OWNER: TYPE OF APPLICATION: POD Amendment DESCRTPTIONT PUD Amendment to approve and define what is pennitted outside the Building F.nvelopes on the small lots at the Maroon Creek Club. Staff feels that it may be possible to do this administratively if the applicant proposes thattlie new requirementsbe sitnilarto whalis allowed in curretit City of Aspen Selbacks pursuant to section 26.575.040, Yards. with the exception of the first 3 allowances in this code section.. Also, an amendment to approve and provide a definition of Natural Area outside Ihe Development Envelopes oil the larger lots at the Maroon Creek Club. Land Use Code Section(s) 26.445.100(B) Amendment of PUD development order. Review by; Staff for complete application, referral agencies for lechnica[ considerations, Community Development Director for final approval. If Community Development Director does not think that it meets criteria for ]nsubstantial PUD Amendment then goes to Planning and Zoning Commission for a Public i Iearing, Public Hearing: No, unless Community Development Director does not think the proposed amendinent meets the criteria for an insubstantial amendment. Referral Agencies: Parks Department Planning Fees: Planning Deposit $500 Referral Fees: Total Deposit: 5500 To apply, submit the following information: 1, Iotal Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. Signed fec agreement. 4, Pre-application Conference Summary. 5. An 8 1/2" x 11" vicinity map locating the subject parcels within thc City of Aspen. 6, A written description of the proposal and a written explanation of how a proposed development co.mplies with the review standards relevant to the development application. 7. Application materials set forth in minimum submission requirements of attached land use application, 8. Application malerials set forth in specific submission contents of attached land use application, 8. 2 Copies of the complete application packet (items 1-8) Process: Apply. Planner checks application for completeness. Staffreviews application against PUD Amendment Standards. Application taken to DRC for City Department referral comments. The Community Development Director approves the decision notice for an insubstantial amendment if staff feels that the application meets the criteria for an insubstantial amendment. Disclaimer: Tile foregoing summary is advisory in nature only and is no[ binding on tile City, The summary is based on current zoning, which is subject to change in the future, and upon factual representations Lhar may or may not be accurale. The summary does not creale a legal or vested right. Sent By: William Lukes + Assoc 970 920 6986; Ap - 7:20PM; Page 8/12 MrK-13-LUUL Pil Utl:U4 An - FAX NO, ' P, 07 ASPEN/PlTKIN COMMUNITY DEVELOPMENT DEPARTMENT Aoreement for Payment of City of Alpen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Maroon Creek Club Master Association (hereinafter APPLICANT) AGREE AS FOLLOWS: l. APPLICANT has submitted to CITY an app[ication for Insubstantial P.U.D. Amendment (hereinafter, THE PROJECr). 2. APPLICANT understands and agrees That City of Aspen Ordinance No, 57 (Series of 2000) cstablishes a fee structure for Land Use applications and Lhc payment of all processing fees is a condition precedent to a determinalion of application completene.Ms. 3. APPLICANT aiid CITY agree [hat because of the Size, nature or scope of the proposed projecl, i[ is not poSsible at this lime co asceitaill the fuji exlent of the costs involved in processing the application. APPLICANT and CITY further agree tha[ i[ is in the interest of the parties that APPLICANT make payment Of an initial deposit and le Illereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees addiliona[ costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by remining greater cash liquidiry and wi]I make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees k will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application, 4. CITY and APPLICANT fur[her agree that it is impracticabIc for CITY staff to complete processing or present su flicien[ information to the Planning Commission and/or CRY Council to enable the Planning Commission and/or City Council to makc legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideralion of the CITY's waiver of its righ[ to collect full tbe.5 prior to a decermination of application completeness, APPLICANT shall pay an initial deposit in thÂ¢ amount of $ 500.00 which is for hours of Community Developmenr staff time, and if actuÂ·al recorded costs exceed Ihe initial deposit, APPLICANT shall pay additional monthly billings to CITY to reirliburse Ihe Cll'Y for the processing ofthc application mentioned above, including p05t approval review ar a rate of $205.00 per planner hour over rhe initial deposit. Such periodic payinelits sliall bc made within 30 days of the billing date. APPLICANT fuither agrees that failure-toÂ·-pay 5:ch--accrucd costs shall be grounds for suspension of processing, and in no case will building permits bc issued until ali costs associaled with case processing have bcen paid. CITY OF ASPEN APPLICANT Maroon Creek CluB'Raster Association -7 0 0 UÂ»--24 - By: By: C k -Â« A i Julie Ann Woods GNE-*~ Albert President Community Development Director Date: June 19, 2001 Mqiling Address: c/o Kaufman & Peterson, Esq. 315 East Hyman Avenue, Suite 305 Aspen, Colorado 81611 Attn: Brooke A. Peterson, Esq. -. g:Wupport\forms\agrpayas.doc 1/10/01 LETTER OF CONSENT I, Gary Albert, as President of the Maroon Creek Club Master Association (hereinafter the "Association"), on behalf of said Association, hereby consent to the filing of the Application for Insubstantial P.U.D. Amendment as detailed in the Application from Kaufman & Peterson, P.C. and I hereby authorize Kaufman & Peterson, P.C., 315 East Hyman Avenue, Suite 305, Aspen, Colorado; telephone: (970) 925-8166, to act upon behalf of the Association. MAROON CREEK CLUB MASTER ASSOCIATION ~, n Dated: June GO , 2001 By: Lgly.U Â»663--- 045 AibeA, President letters\consent letter #364075 12/02/93 16:32 Rec $195.00 BE 733 PG 607 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 3.8 Enforcement. The Association shall have the right and power to bring suit for legal or equitable relief for any lack of compliance with any provisions of this Declaration or rules promulgated by the Board or SARC. In addition, the Association shall have the right to impose on any Owner monetary fines for any lack of compliance with provisions of this Declaration or rules promulgated by the Board or SARC and where such fines are not paid within the time provided, such fines may be collected as an Assessment Lien. The failure of the Association to insist upon the strict performance of any such provisions or to exercise any right or option available to it, or to serve any notice or to institute any action, shall not be a waiver or a relinquishment for the future of any such provision or the enforcement thereof. Any Owner aggrieved by a lack of compliance by another Owner may also bring suit for legal and equitable remedies. If any court proceedings are instituted in connection with the rights of enforcement and remedies provided in this Declaration, the prevailing party shall be entitled to reimbursement of its costs and expenses, including reasonable attorneys' fees, in connection therewith. 3.9 Power of the Association. Each Owner agrees that the Association has all the powers granted it by the Colorado Nonprofit Corporation Act and any amendments thereto or replacements thereof and the Act, including all of the powers described in Section 38-33.2-302 of the Act. Such powers shall include, without limitation, levying Assessments against Owners, imposing a lien on Lots for any unpaid or uncollected Assessments or penalties, and foreclosing any such liens, enforcing any deed restrictions and covenants, acquiring, holding, owning, leasing, mortgaging and disposing of property, the adoption of rules and regulations, the defending, prosecnting or intervention in litigation on behalf of all Members, the borrowing of monies for Association purposes and the right to pledge future income in order to secure such borrowings. The term "pledge of future income" shall include the right to impose a Special Assessment Â·for repayment of such borrowings and to assign such Special Assessment (and all lien and collection rights appurtenant thereto) to the lender as security for repayment thereof. The Association may exercise any other right, power or privilege given to it expressly by this Declaration, the Articles and By-laws, or by the Act, and every other right, power or privilege reasonably to be implied from the existence of any right, power or privilege given to it herein or reasonably necessary to effectuate any such right, power or privilege. 3.10 Association Records. The Association shall maintain financial records sufficient to enable the Association to 9 38-33.3-222 Property al and Personal '1 1434 ~ 1 (3) Everv merger or consolidation agreement must provide for the realloc 1 ation of the .5 allocated interests in the new association among the units of the resultant common interelt ~ community either by stating the reallocations or the formulas upon which they are based. /4 1 Zl Source: L. 91: Entire article added. p 1734. Â§ l,effective Juiv 1. 1992. 38-33.3-222. Addition of unspecified real estate. In a common interest communÂ· ' ~, the right is originally reserved in the declaration. the declarant. in addition to an>' c th~.r dovelopment right. mily amend the declaration at any time during as many yearg :lf ,]re li specified in the declaration to add additional real estate to the cornmon interest comt-nuni ty without describing the location of that real estate in the original declaration:but the trea of real estate added to the common interest community pursuant to this section mav nt ~ r exceed ten percent of the total area of real estate described in section 38-33.3-21)5 (big and ( !) Ch).anti the declarant may not in any event increase the number of units in tile C(,rnÂ· mon interest community beyond the number stated in the original dec[.iration plirvuant ti section 38-33.3-205(i) (d).except as proUded in section 38-33.3-217 (4) Source: L. 91: Entire Article added. p. 1735. Â§ i. effective July 1.1992. L. 98: Entire r,v.. ~ i lion amended. p. 483. Â§ 12. effective July 1 PA RT 3 MANAGEMENT OFTHE COMMON INTEREST COMMUNITY 38-33.3-301. Organization of unit owners' association. A unit owners' association 41,111 be organized rio later than the date the tirst unit in the common interest community is con. ~ veved to a purchaser-. The membership of the association at all times shall consist exe:liÂ· ~ sively ofall unit owners or. following Ierinination of the common mterest commurity. of all former unit owners entitled to distributions of proceeds under section 38-33.3-218. or their heirs. personal representatives. successors. or assiers. The association shall be organized ;n ~ i a nonprofit. not-for-profit, or for-profit corporation or as a limited liability compativ iii accordance with the Laws of the state of Colorado: except that the failure of the associ.itioit to incorporate or organize as a limited liabilityÂ· company wil[ not adverselv affect either thc existence of the Common interest community for purposes of this article or the rights of persons acting in reliance upon such existence. other than as speci fically provided in section 38-33.3-316. Source: L. 91: Entire article added. p. 1735, Â§ 1, effective July 1. l992. L. 98: Entire <ce tion amended. p. 483. Â§ 13. effective July 1. i l 38-33.3-302. Powers of unit owners' association. (1) Except as provided in subsection ~ (2) of this section. and subject to the provisions of the declaration. the association. witliont specific authorization in the declaration. mav: (a) Adopt and amend bylaws and rules and regulations: (b) Adopt and amend budgets for revenues. expenditures. and reserves and collect â‚¬ | assessments for common expenses from unit owners: (c) Hire and terminate managing agents and other employees. agents. and independent i contractors; (d) Institute. deferid. or intervene ie litioation or administrative proceedings in its Own name on behalf of itself or two or more unit owners on matters affecting the common I n ler- est community. (e) Make contracts and incur liabilities: (f) Regulate the use. maintenance. repair. replacement. and modification of common ~ ~ elements: (e) Cause additional improvements to be made as a part of the common elements: (h) Acquire. hold. encumber. and convev in its own name any right. title, or interest to real or personal property. subject to the following exceptions: (I) Common elements in a condominium or planned community may be conveyed or subjected tO a security interest only pursuant to section 38-33.3-312; and + -. .t 4';-42* 4 +41 4.;.:' f. 3 ' ' .. 'ersonal ~r. Colorado Common Interns. uwnership Act 38-33.3-303 tI - 13 IJ#.1 ust provide for the reallocation 4 (Ii) Part of a cooperative may be conveyed. or all or part of a cooperative may be sub- units o f the resultant common in # ted to a security interest, only pursuant to section 38-33.3-312, formulas upon which they are b 0'* Grant easements. leases. licenses, and concessions through or over the common ele- ~'y itt ective July 1,1992. oents; U) Impose and receive any payments, fees. or charges for the use, rental, or operation of ~ 44-2 the common elements other than limited common â‚¬[ements described in section 38-33.3- In a common interest communitk -0 732 0) (b) and (1) (d): e dedarant. in addition to any oti4Fli ~ Ck) Impose charges for late payment of assessments. recover reasonable attorney fees ny ame during as many years aS "-- ed other legal costs for collection of assessments and other actions to enforce the power tte to the common interest comm ~ - u< the association, regardless of whether or not suit was initiated. and. after notice and an the original declaration: but the art. - OP~ortunity to be heard, levy reasonable fines for violations of the declaration. bylaws. and lity pursuant to this section may n.f- rules and regulations of the association; i scribed in section 38-33.3-205 (1) (439. (1) Impole reasonable charges for the preparation and recordation of amendments to rease the number of units in the co~ the declaration or statements of unpaid assessments: (m) Provide for the indemnification of its officers and executive board and maintain i the original declaration pursuant ~10 on 38-33.3-217 (4). .-tr. directors' and officers' liability insurance; 229- (n) Assign its right to future income, including the right to receive common expense ' .ctive July 1.1992- L. 98: Entire s4ft~ , but only to the extent the declaration expressly so provides: Jssessmen ts 1 .M Co) Exercise any other powers conferred by the declaration or bylaws; (p) Exercise all other powers that may be exercised in this state by legal entities of the same type as the association; and , (q) Exercise any other powers necessary and proper for the governance and operation 47.. . rEREST COMMUNITY .1.C- of the association. ' ITE (2) The declaration may not impose limitations on the power of the association to deal 014#6? with the declarant that are more restrictive than the limitations imposed on the power of on. A unit owners' association shai, . che association to deal with other persons. common interest community is .6 ion at all times shall consist excluCS@ W.*Â· Source: L. 91: Entire article added, p. 1735.Â§ 1, effective July 1, 1992. : common interest community, of aÂ¢gy- s under section 38-33.3-218, or thek: le association shall be organized 4323 38-33.3-303. Executive board members and officers. (1) Except as provided in the : r as a limited liability company LÂ¢*'Â· declaration, the bylaws, or subsection (3) of this section or any other provisions of this arti- ot that the failure of the association cle, the executive board may act in all instances on behalf of the association. j / will not adversely affect either t Â». (2) (a) If appointed by the declarant, in the performance of their duties. the officers 1 oses of this article or the rights.-' ~-"'~ and members of the executive board are required to exercise the care required of fiducia- n as specifically provided in secti '... . ries of the unit owners. (b) If not appointed by the declarant, no member of the executive board and no officer Â·; -2.:.- shall be liable for actions taken or omissions made in the performance of such member's tive July 1, 1992. L. 98: Entire seÂ«~.3 duties except for wanton and willful acts or omissions. (3) The executive board may not act on behalf of the association to amend the declara- tion, to terminate the common interest community. or to elect members of the executive ,~ Except as provided in subsecti -_ I board or determine the qualifications, powers and duties, or terms of office of executive ] eclaration. the association, without:~12 board members. but the executive board may fill vacancies in its membership for the unex- pired portion of any term. )ns; (4) Within thirty days after adoption of any proposed budget for the common interest iditures. and reserves and co!14- community, the executive board shall mail, by ordinary first-c[ass mail, or otherwise deliver a summary of the budget to all the unit owners and shall set a date for a meeting of the unit i nployees, agents, and independ * owners to ConSider ratification of the budget not less than fourteen nor more than sixty ' - days after mailing or other delivery of the summary Unless at that meeting a majority of all â€ž linistrative proceedings in its . . r unit owners or any larger percentage specified in the declaration reject the budget, the bud- atters affecting the common intefi get is ratified, whether or not a quorum is present. In the event that the proposed budget is 4 reJected, the periodic budget last ratified by the unit owners must be continued. until such time as the unit owners ratify a subsequent budget proposed by the executive board. :nt, and modification of comm i In (5) (a) Subject to subsection (6) of this section: r (I) The declaration, except a declaration for a large planned community, may provide )art of the common elements;, for a period of declarant control of the association, during which period a declarant.or per- 1, ame any right, title, or interest * c Â·- - sons designated by such declarant, may appoint and remove the officers and members of ,~. 1 N.; ons: . the executive board. Regardless of the period of declarant control provided in the declara- .; 1. community may be COflveyed hon, a period of deciarant control terminates no later than either sixty days after con- Â·.fill 3-33.3-312; and veyance of seventy-five percent of the units that may be created to unit owners other than w..: "4 11 1 ~ AUG 17 '22.JUFIAM PTTKIN COUNTY GOVT P.2 'vl 15:54 Rec $.00 BK 721 j' ' 245 Silvia Davi _ ~.~kin Cnty Clerk, Doc $.00.- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO GRANTING FINAL PLAT APPROVAL FOR MAROON CREEK CLUB (PREVIOUSLY PFISTER RANCH/GOLF) Resolution # 93-42&1~' RECITALS 1. Pearce Equities Group II Limited Liability Company, hereinafter "Applicant", has applied to Pitkin County to request Final Plat approval for the Maroon Creek Club Subdivision to be located on a parcel of land more specif ically described in Exhibit "All; and 2. The Applicant has received General Submission approval from the Board of County Commissioners (hereinafter "Board") by Resolution 90-87 and Detailed Submission i approval by Resolutions 91-111 and 91-112. 3. Other Resolutions which are still in effect on the property include: 0 89-104 Residential GMQS allocation 0 89-113 Commercial GMQS allocation 0 90-102 Residential GMQS allocation 0 91-144 Residential GMQS allocation 0 92-5 Commercial GMQS allocation o Resolutions 79-26 and 83-90 affecting the Grand Champions Club If there are conflicts between these prior resolutions and the PUD/Subdivision resolutions, this Final Plat approval shall take precedence. 4. The total property is approximately 369 acres, including ~ SAÂ® 17*'93 '11.:01AM PITvTN CQUM-TY.Â§.0.SIÂ· BK 721 f:'[3 246 P.3 ..via uavis, Pitk -,pty Clerk, Doc $.00 ,\ Resolution #93-10 Y Page 2 approximately 70 acres under lease to the applicant. The project site is located north and west of Maroon Creek on both sides of Highway 82 and includes portions of the Buttermilk Ski area (Tiehack). The project is approved as a residential and golf course development to consist of the following: (a) Single Family - The development of forty three (43) residential single family lots with the following floor area limitations: (1) Lots 1, 2, 3, 5, 12, 16 and 41 through 45, shall be permitted a maximum of 10,000 square feet of floor area. (2) Lots 4, 6 though 11, 19 though 31, 40, 46, 47 and 48 shall be permitted a maximum of 6,000 square feet of floor area. (3) Lots 32 though 39 shall be permitted a maximum of 5,500 square feet of floor area. (b) Multi- Family - The development of thirty seven (37) townhouses with a maximum aggregate floor area of 148,000 square feet, excluding underground garage floor area. No individual townhouse unit shall exceed 4,800 square feet. (c) Employee Housing - The development of thirty nine (39) multi-family rental PMH units including 13 one- bedroom, 13 two-bedroom, and 13 three-bedroom units plus one single family "for sale" PMH parcel. There are ten additional units available, which are not required to be constructed by the applicant, but may be assigned by the applicant to another party to construct. (d) Golf Course - The development of a Championship 18 hole golf course, driving range, practice green, a halfway house/snack b-ar of no more than 1,200 square feet on the golf course, an 8,000 square foot golf cart storage and maintenance building, 159 additional parking spaces at Grand Champions Club and 20,900 square feet additional commercial square footage to the Grand Champions Club. - HUB 1< VJ 11;LIc-HM Fl Lly:Lij#' k,d' IiÂ· 00 BK 721 PG 1.4 Silvia Davis, 1 >n Cnty Clerk. Doc $.00 Resolution *93- l/~ Page 3 (e) Lodging - The addition of 12 lodge rooms at 580 square feet each (6960 square feet) to the Grand Champions Club. (f) Trails - The applicant has committed to dedicate public fishing easement along Maroon creek, daytime nordic trail system on the golf course, nordic trail connector between the City golf course and the Government Trail via the existing trail along Maroon Creek to the extent they are within project boundaries, a year-round trail easement along Maroon Creek (ditch trail), access from the Tiehack parking lots to link to the Government Trail, a pedestrian underpass from the vicinity of the employee housing complex to serve as a trail link between the Owl Creek bike path and the AABC bike path at the time of Highway 82 four-laning, and a donation of 50% (with $300,000 as a cap) of the cost of construction of a pedestrian bridge across Maroon Creek. The applicant has also agreed to keep public trails open during construction. 4. The Final Plat application was considered at a public meeting before the Board on June 15, 1993 at which time the Board has found the Applicant's request meets the requirements of the Land Use Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County commissioners of Pitkin County, colorado that it hereby grants Final Plat approval for the Maroon Creek Club Subdivision subject to the following conditions: 1. No further subdivision of the PUD shall be allowed except in connection with the condominiumization of any elements of the project, subject to obtaining any required approvals pursuant to the Pitkin County Land Use Code. It is acknowledged that all GMQS allocations have been obtained for all elements of this project. 2. The Tiehack parking area shall have a minimum of 121 spaces and shall be open to the public for day-time use only. The Buttermilk Master Plan is hereby amended to allow the modifications approved for this project including improvement sci /0 0 *63/ AUG 17 '93 11:02AM P M COUNTY GOVT. P.5 4 ,/ .1 J / 7 0 13 . Pec $.00 BK 721 F'G 240 Sfbri'a- Iyavis, Pitki,. <Rly Clerk, Doc S.00 Resolution #93-/SY Page 4 of ski facilities to include relocated lift alignments, relocated parking to include no less than 121 parking spaces and eliminate the restaurant at the base of Tiehack. NO additional revisions to the Buttermilk Master Plan shall be allowed by the county without adequate review of lift capacity and the transit and parking needs of Buttermilk Mountain as a whole. 3. Caretaker units on single family parcels are subject to the requirements of Section 3-8.13 of the Land Use Code. 4. The following condition relates to the calculation of square footage for garages: a. Single family lots 4, 6 though 11, 19 though 40, 46, 47 and 48 may each obtain 500 square feet of floor area from the townhomes for the purpose of constructing garages, subject to trading the square f ootage from the townhomes. No exemptions for garage space under the Land Use Code are permitted for these lots. b. Single family lots 1, 2, 3, 5, 12, 16 and 41 through 45 are limited to a maximum of 10,000 square feet which includes garage space. No trading of square footage from these lots with the townhomes is permitted. NO exemptions for garage space under the Land Use Code are permitted for these lots. 5. In connection with the approval, the BOCC agrees and makes the following findings: a. The Applicant is leasing or acquiring 19.3 acres of the adjacent Pfeiffer Parcel. The remainder of the Pfeiffer parcel, other than 19.3 acres, is currently improved with one residential dwelling unit and may only be further developed upon compliance with Section 5-510 and all other applicable requirements of the Pitkin County Land Use Code. b. The Applicant is obtaining 245.4 acres of the 249.8 acre Pfister Parcel. The remaining 4.4 acre parcel is currently improved with one residential dwelling unit and may only be further developed upon compliance with Section 5-510 and all other applicable requirements of the Land Use Code. However, in accordance with Boce Resolution 89-61, the owner of either parcel (the 245.5 or the 4.4 acres) may utilize the square footage of the three residential dwelling units (a total of 5, 015 square feet) currently located on the 250 acre application parcel to build not more than three residential dwelling AUG 17 '93. .u:,9,3F';P IN COUNTY GOVT. P.6 1 315:54 Rec *.00 BK 721 PG 1 . 3 Silvia Davis, riL<in Cnty Clerk, Doc $.00 Resolution #93-2/ Page 5 units totalling 5,015 square feet, if the existing units are demolished. Such replacement is subject to compliance with applicable zoning, 1041 hazard review, and other requirements of the Land Use Code. The replacement credit of 5,015 square feet is an addition to any other residential density described or-approved in this resolution. 6. In the winter, the aerial lift, which may be constructed at Applicant's choice on Lot 16, shall be available to the public at no charge, and subject to safety and operational rules of all appropriate regulatory agencies. If a lift is not constructed, alternative means of crossing Tiehack Road will be provided for nordic skiing and pedestrians. 7. All utilities shall be placed underground within driveways, major roadways and areas disturbed by regrading activities as illustrated on the approved PUD grading plan. 8. For all buildings within the PUD, building height shall be measured pursuant to the Land Use Code provisions in effect at the time of issuance of a building permit. Height of the structures will be measured from finished grade as approved on the PUD grading plan. 9. Prior to signature of the Final Plat or issuance of an excavation permit for the project, the Applicant shall submit a financial security acceptable to the County Attorney and BOCC insuring the construction of the infrastructure and public improvements, and/or reclamation of the property, as identified in the Subdivision Improvements Agreement. 10. No dogs shall be allowed in the employee housing complex, and any dogs on the remaining portions of the project site shall be leashed or kenneled. All workers associated 'with construction of the project shall be prohibited to bring dogs to the site. 11. As part of the employee housing complex on the north ,side of Highway 82, and if an agreement satisfactory to Applicant and the County can be consummated by September 1, 1993, the Applicant will construct up to seven (7) additional units; provided that the County shall, during the course of the design and construction, pay all costs (hard and soft) associated with such additional units, together with all management and operation costs associated therewith. Three (3) additional units are reserved to be used by Pfeiffer. 12. Prior to racordation of the Final Plat, the applicant shall obtain a signed water agreement from the City of ' Aspen, 1 . - P.7 AUG 17291.1,1:03AM P N COUNTY GOVT.Â· $.00 BK 721 -10 uavis ~kin Cnty Clerk. Doc s.00 -1 - Resolution #93 -12 Y Page 6 subject to review by the county Attorney. 13. No issuance of any residential building permits for the project shall be allowed until such time as an adequate water supply is in place. 14. Construction is permitted from 7:00 am to 7:00 pm Monday through Saturday. Sunday or longer hours may be approved at the discretion of the Planning Director. 15. All easements and agreements shall be recorded concurrently with recording of the Final Plat documents. 16. All material representations made by the applicant in the application and public meetings shall be adhered to and considered conditions of approval, unless amended by other conditions. APPROVED AND ADOPTED ON THE 15TH DAY OF JUNE 1993. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO aifV By: Bill Tdite, chairman Date: f 1 -D I ATTE~T: 3/6 - Jdanettd -dones# D*uty County glerk and Recorder APPROVED AS TO FORM: APPROVED AS TO CONTENT: -7'ZEpr / 17 39'LWN K Unck= ' Tim Whits itf~' SukaÂ¢n, Konch*n, County At&0fnay countÂ¥ Planning Director reso.bacc.fp.maroncrkclub P.8 AUG 17 '93 11:04AM PI- M COUNTY GOVT. Rec $.00 Bk 7 4-G 251 Ue 4 Pitkin Cnty Clerk, Doc $400 Wk j NORTH PARCEL f A parcel of Land situated in Sections 2, 3 and 11, Township 10 South, Range 85 West of the 6th P.M., Pitkin County, Colorado, being more f '.y described as follows: BEGINNING at the intersection of the Northeasterrly Right-of-way line of colorado State Highway No. 82 whence the 1/4 Corner common to said 3aid Sections 2 and 3 bears N 59'19'12" E 777.77 feet; rhence generally along fence lines South of Stage Road the following rourses and distances: 3 60'13'00" E 308.40 feet; 1 64'30'00" E 37.66 feet; 1 42'12'16" E 2.57 feet; 6 64'30'00" E 328.51 feet; 1 62'00'00" E 70.17 feet; ' 58'08'00" E 86.98 feet; 55'44'00" E 75.14 feet; 64'10'00" E 79.10 feet; 73'03'00" E 50.29 feet; 78'44'00" E 203.36 feet; 75'47'00" E 94.37 feet; 69'14'00" E 39.52 feet; 59'14'00" E 131.07 feet; 48'35'00â€ž E 15.27 feet; 10'26'00" E 26.19 feet; 87'11'08" E 67.69 feet; 87'48'18" E 142.90 feet; r-Â·38'24" E 105.68 feet; . '09'03" E 109.76 feet; 88'52'09" E 189.99 feet; 87'51'40" E 136.14 feet; 88'06'39" E 144.94 feet; 88'18'02" E 156.94 feet; 88'09'17" E 228.21 feet; ience departing said fenceline S 07'16'09" W 762.37 feet; ience S 36'21'42" E 725.00 feet; ience S 00'58'04" W 967.68 feet to a point on the Northerly Right-Of-Way line f said Colorado State Highway No. 82 and continuing along said Right-Of-Way ie following courses and distances; 60'48'00" W 746.61 feet; 341.94 feet along the arc of a curve to the right having a radius of 5680.00 jet; 34'09'00" W 124.60 feet; 13.17 feet along the arc of a curve to the right having a radius of 2242.00 jet to the point of beginning, containing 83.795 Acres, more or less. AUG 17 '93 11:24AM P IN COUNCY GUVI 4.9 uqu 08/13/93 15:54 Rec S. 721 PE 252 1,1 SOUTH PARCEL Si.UL,Davis. Pitkin Cnty Clerk, ubc 1.00 A Parcel of Land situated in Sections 2, 10, 11 and 14, Township 10 South, Range 85 West of the 6th P.M., Pitkin County, Colorado, being rr : fully described as follows: BEGINNING at the Southwest corner of said Section 11; thence N 00' 33'02" W 2683.01 feet along the West line of said Section 11 to the west 1/4 corner of said Section 11; thence N 00'32'10" W 1672.45 feet along the west line ofÂ· said Section 11; thence S 89'58'10" W 6.05 feet; chence N 27'47'03" E 58.89 feet; rhence N 47'00'40" W 49.01 feet; :hence N 17'53'07" W 81.02 feet; :hence N 44'12'11" E 73.99 feet; shence N 29'55'54" W 124.00 feet; :hence N 54'14'02" W 47.08 feet; chence N 33'04'19" W 2.32 feet; ihence N 46'05'43" E 483.91 feet; .hence N 01'37'15" E 661.88 feet; hence N 37'02'00" E 249.40 feet to a point on the Southerly Right-Of- ay line of Colorado State Highway No. 82; hence following said right-of-way line 1289.18 feet along the arc of a :urve to the left having a radius of 5790.00 feet, the chord of which urve bears S 51'33'17" E 1286.51 feet; hence following said right-of-way N 32'04'00" E 10.00 feet; hence following said right-of-way 289.19 feet along the arc of a curve o the left having a radius of 5780.00 feet, the chord of which curve e--s S 59'22'00" E 289.16 feet; h .ce following said right-af-way S 60'48'00" E 882.76 feet; hence S 18'09'00" W 176.89 feet; hence N 60'43'00" W 311.07 feet; hence S 29'17'00" W 72.28 feet; hence S 60'43'00" E 60.57 feet; hence S 29'17'00" W 86.80 feet; hence S 89'35'00" E 304.56 feet; nence South 1412.20 feet; aunce N 87'00'00" E 256.69 feet; ience S 00'07'55" E 288.61 feet; nence N 89'31'44" W 297.34 feet; .nance S 08'17'26" W 380.64 feet; .ience S 43'46'26" W 253.29 feet; ience S 02'14'04" W 496.46 feet; ience S 41'16'20" W 310.89 feet; ience S 14'00'40" W 536.21 feet; ience S 02-16'09" E 422.00 feet; lence S 33'01'14" W 281.07 feet; ience S 00'14'51" E 201.82 feet to a point on the South line of said :ction 11; tence N 89'48'20" W 294.43 feet along said South line; :ence S 01'09'00" E 1321.99 feet; ence N 89'44'56" W 1297.75 feet; ence N 02'01'16" W 1321.33 feet to the point of beginning, containing 9 '03 Acres, more or less. P.10 AUG 17 '93 _112:02â‚¬1 P Itt COUNTY GOVT. D, 00 unty Clerk, 1. U :XCEPTING from the abov. 26}cribed * Parcels the following described Tracts: .. A tract of land situated in Sections 10 and 11 of said Township and Range, being more fully described as follows: eginning at a point on the West line of said Section 11 whence the West 1/4 Corner of said Section 11 bears S 00'32'10" E 1672.45 feet; thence S 89'58'10" W 6.05 feet; thence N 27'47'03" E 58.09 feet; thence N 47'00'40" W 49.01 feet; thence N 17'53'07" W 81.02 feet; thence N 44'21'11" E 73.99 feet; thence N 29'55'54" W 124.00 feet; thence N 54'14'02" W 47.08 feet; thence N 33'04'18" W 2.32 feet; thence N 46'05'43" E 537.75 feet; thence S 37'45'00" E 734.52 feet; thence S 20'30'16" E 40.00 feet; thence S 70'54'16" W 227.93 feet; thence N 45'58'00" W 339.24 feet; thence S 55'53'00" W 54.70 feet; thence 9 26'04'00' W 267.30 feet; thence S 89'58'10" W 116.23 feet to the point of beginning. , A tract of land situated in Section 11 of said Township and Range being more fully described as follows: Beginning at a point whence the Northwest Corner of said Section 11 bears N 23'58'27" W 3064.58 feet; hence S 77'27'55Â» E 180.00 feet; .ience N 12*32'05" E 190.00 feet; thence S 77'27'55" E 335.00 feet; thence S 25'57'30" E 187.83 feet; thence East 120.00 feet; thence South 345.00 feet; thence West 235.00 feet; thence N 09'59'48" W 220.58 feet; thence N 77'27'55* W 260.00 feet; thence S 12'32'05" W 135.00 feet; thence N 77'27'55" W 250.00 feet; thence N 12'32'05" E 250.00 feet to the point of beginning. A tract of land situated in Section 11 of said Township and Range being more fully described as follows: Beginning at a point whence the West 1/4 Corner of said Section 11 bears N 62*42'34" W 1781.80 feet; thence N 55'19'02" E 27.00 feet; thence S 03'13'00" W 282.23 feet; thence S 23'17'54" W 318.82 feet; thence West 7.00 feet; thence N 03'38'00" W 28.00 feet; thence 96.53 feet along the arc of a curve to the left having a radius of 65.00 feet, the chord of which bears N 46'10'37" W 87.90 feet; + ~ence 46.89 feet along the arc of a non-tangent curve to the right having radius of 170.00 feet, the chord of which bears N 05'50'02" E 46.74 feet; thence N 13*44'05" E 44.28 feet; 0 94 r e Lb4 P. 11 - AUG 17 '93 11:0300.P.I M-(DqU~IY rVPYIÂ·:in Cnty Clerk. . 41 $.00 thence 140.30 feet a.-42~ the arc of a curve to thu left having a radius of 245.00 feet, the chord of which bears N 02'40'13" W 138.39 feet; thence N 19'04'31' W 102.12 feet; thence 54.33 feet along the arc of a curve to the right having a radius of '40.00 feet, the chord of which bears N,12'35'23" W 54.22 feet; -hence N 06'06'14' W 116.31 feet; thence S 84*41'01Â» E 241.71 feet to the point of beginning. AUG 17 '93 11:05AM PI COUNTY GOVT. P. 12 #360902 08/.Â«193 15:54 Rec $.00 BK 721 r 255 Silvia Davis, Pitkin Cnty Clerk, Doc $.Ov/ ''.. FRIEDL PFEIFER LEGAL A parcel of land situated in Sections 2 and 1, Township 10 South, Range 85 west of the 6th P.M., Pitkin County, Colorado, being more fully described ae follows: Beginning at a point on the Southerly right-of-way line of Colorado State Highway No. 82 whence the Southwest corner of said Section 2 bears S 76'44'00" W 832.92 feet; thence S 46'05'43" W 751.70 feet; thence N 01' 37'15" E 661.88 feet; thence N 37'02'00" E 249.40 feet to a point on the Southerly right-of- way line of said Highway No. 82; thence following sald right-of-way line 504.23 feet along the arc of a curve to the left having a radius of 5,790.00 feet, the chord of which curve bears S 47'40'16" E 504.08 feet to the boint of beginning. COUNTY Oy PITKIN, STATE OF COLORADO. AUG 17 '93 11?06AM P - IN COUNTY GOVT. 54 Rec S.00 '41 F'G 256 P. 13 Silvi uls, Pitkin Cnty Clerk, Doc-J. 00 FRIEDL PFEIFER ASPEN REAL ESTATE IRREVOCABLE TRUST NO. 1 LEGAL A tract of land situate in Lot 2 of Section 2, Lot 5 of Section 11 and Lot 1 of Section 10, Township 10 South, Range 85 West of the Gth P.M., Pitkin County, Colorado, being more fully described as follows: Beginning at a point on the Southeasterly line of a parcel of land described in Book 338 at Page 684 of the records of the Clerk and Recorder of Pitkin County, Colorado, whence the Northwest corner of said Section 11 bears N 06'46'03" E 669.76 feet; thence N 46'05'43" E 1246.03 feet along said Southerly line to the Southwesterly right-of-way line of Colorado State Highway No. 82; thence 501.56 feet along the arc of a 5780.00 foot radius curve to the left having a central angle of 04'58'19" and subtending a chord bearing S 52'40'54" E 501.40 feet along said Southwesterly right-of-way line to a point on the East line of Lot 5 of said Section 11; thence S 00'46'18" E 912.80 feet along said East line of Lot 5 to the Southeast corner of Lot 5; thence N 90'00'00" W 1225.63 feet along the South line of said Lot 5 and Lot 1 to the Southeast corner of a tract of Land described in Book 264 at Page 997 of the records of the Clerk ahd Recorder of Pitkin County, Colorado; thence along the East boundary of said tract described in Book 264 at Page 997 the following seven (7) courses: 1) thence N 27'47'03" E 58.89 feet; 2) thence N 47'00'40" W 49.01 feet; 3) thence N 17'53'07" W 81.02 feet; 4) thence N 44'12'11" E 73.99 feet; 5) thence N 29'55'54" W 124.00 feet; 6) thence N 54'14'02" W 47.00 feet; 7) thence N 33'04'18" W 2.32 feet to the point of beginning. EXCEPTING THEREFROM: A tract of land situated in Sections 10 and 11, Township 10 South, Range 85 West of the 6th P.M., being more fully described as follows: Beginning at a point on the West line of gaid Section 11 whence the West 1/4 corner of said Section 11 bears S 00'32'10Â» E 1672.45 feet; thence S 89 '58'10" W 6.05 feet; thence N 27'47'03" E 58.89 feet; thence N 47'00'40" W 49.01 feet; thence N 17'53'07" W 81.02 feet; thence N 44'21'11" E 73.99 feet; thence N 29'55'54" W 124.00 feet; ~ AUG 17 '93 11:06AM PITKT COUNTY GOVI. P. 14 #360002 08/13/ ,15:54 Rec *.00 BK 721 PG .zd57 Silvia Davis, Alkin Cnty Clerk, Doc $.00 thence N 54'14'02" W 47.08 feet; thence N 33'04'18" W 2.32 feet; thence N 46'05'43" E 537.75 feet; thence S 37'45'00" E 734.52 feet; thence S 20'30'16" E 40.00 feet; thence S 70'54'16" W 227.93 feet; thence N 45'58'00~ W 339.24 feet; thence S 55'53'00" W 54.70 feet; thence S 26'04'00" W 267.30 feet; thence S 89'58'10" W 116.23 feet to the point of beginning. COUNTY OF PITKIN, STATE OF COLORADO. #363236 11/12/93 16:10 Rec $170.00 BK 730 PG 607 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 INDEX TO SUBDIVISION IMPROVEMENTS AGREEMENT FOR MAROON CREEK CLUB 1. Recitals -2- 2. Description of Project 3. Project Construction . . . 4. Floor Area Compliance Procedures . . . . . . . ................. ... -6- 5. Civil Engineering Drawings . . . . . . . .................. ....... 6 6. Public Access and Trail Improvements . . . . . . 7. Underpasses and Roads . . . . . .... -10- 8. Maroon Creek Pedestrian Bridge .......................... . . -11- 9. Van Service .................. ...................... -12- 10. RFTA Bus Stops ............... .................... . . -12- 11. Grading and Landscaping ..... .... -13- 12. Utilities ........... -13- 13. Water Quality ................. -14- 14. As-Built Survey .............. .................... -14- 15. Financial Assurances -14- 16. Certificates of Occupancy ......... . . -16- 17. Improvement Maintenance Agreement . -16- 18. Remedies of County ............... -16- 19. Notices ..... 20. Vested Rights ...................................... -18- - 21. General Provisions .............. -18- #363236 11/12/93 16:10 Rec $170.00 BK 730 PG 608 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 SUBDIVISION IMPROVEMENTS AGREEMENT FOR MAROON CREEK CLUB This Agreement is made and entered into this ~ day of ~-~97- , 1993, by and between the COUNTY OF PITKIN, COLORADO (hereinafter referred to as "County"), and PEARCE EQUITIES GROUP II LIMITED LIABILITY COMPANY, a Utah limited liability company (hereinafter referred to as "Pearce"). RECITALS A. Pearce, as successor in interest to Maroon Creek Development Corp., owns or is the lessee of certain real property (the "Property") which has received approval from the Board of County Commissioners of Pitkin County, Colorado ("BOCC") of the Pfister Ranch Golf/PUD for the development of single family homesites, townhomes to be condominiumized, a championship golf course, commercial square footage, lodge units adjacent to the existing Grand Champions Club, and employee dwelling units (hereinafter the "Project") as shown on the PUD Plan for the Project captioned "Pfister Ranch/Golf Detailed Submission" (the "PUD Plan"), recorded in Book 657 at Page 327 of the real estate records of Pitkin County, Colorado, and amendments thereto recorded in Book 657 at Page 387 of the real estate records of Pitkin County, Colorado. B. The approval of the Project is evidenced by certain resolutions (the "Resolutions") consisting of: (i) Pitkin County Resolution No. 90-87 captioned "Resolution of the Board of County Commissioners of Pitkin County, Colorado Granting Approval of General Submission for Subdivision, 1041 Environmental Hazard Review, Scenic Foreground Overlay Review, Planned Unit Development and Rezoning for the Pfister Ranch/Golf Application" recorded in Book 629 at Page 471 of the real estate records of Pitkin County, Colorado, (ii) Pitkin County Resolution 91-111 captioned "Resolution of the Board of County Commissioners of Pitkin County, - Colot ado Granting Approval of Detailed Submission for Subdivision, 10410Â· -Â·Â· - Environmental Hazard Review, Scenic Foreground Overlay Review, Planned Unit Development, Rezoning, Special Review Approval for Relocation of the KSNO Radio Tower, Lot Line Adjustment with the ARU Property, General and Detailed Submission to the ' Grand Amendment' Portion of the Application and Amendment to the Buttermilk Ski Area Master Plan for the Pfister Ranch/Golf Application" recorded in Book 657 at Page 306 of the real estate records of Pitkin County, Colorado, (iii) Pitkin County Resolution No. 91-112 granting certain amendments to the Detailed Submission approval recorded in Book 657 at Page 384 of the real estate records of Pitkin County, Colorado, (iv) Resolution No. 92-226, Resolution of the Board of County Commissioners of Pitkin County, Colorado Granting an Extension for the Maroon Creek Development Corporation to Submit the Final Plat for the Pfister Ranch/Golf Project, Recorded July 30, 1992 in Book 684 at Page 881 and (v) Pitkin County Resolution No.93 - I OL~ granting Final Plat approval recorded in Book'10 \ at Page 235 of the real estate records of Pitkin County, Colorado. - C. Subsequent to obtaining approval o f the Detailed Submission and amendments the name of the Project was changed from "Pfister Ranch/Golf" to "Maroon Creek Club". All #36323 /12/93 16:10 Rec $170.0( 730 F'G *Â£~ Silvia Davis, Pitkin Cnty Clerk, Doc $.00 references to "Pfister Ranch/Golf" or the "Project" shall mean and refer to "Maroon Creek Club". D. The approval of the Project is also evidenced by the Final Plat captioned Final Subdivision Plat and PUD for Maroon Creek Club (the "Final Plat") recorded in Plat Book 83 at Page LI~ of the real estate records o f Pitkin County, Colorado. E. In granting said approval, the County has: (i) fully considered the proposed development as described in the Resolutions and the anticipated benefits and burdens to neighboring properties, (ii) fully considered the requirements of the Pitkin County Land Use Code (the "Code") now in effect and such other laws, rules and regulations as may be applicable, and (iii) imposed conditions and requirements as more fully set forth in the Resolutions, which conditions and requirements the County deems necessary to protect, promote and enhance the public health, safety and welfare. F. Under the authority of Section 6-4.5 of the Code, the County is entitled to assurances that the matters hereinafter agreed to will be faithfully performed by Pearce or Pearce's successors and assigns. Pearce is willing to enter into this Agreement and provide such assurances to the County. WITNESSETH NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, it is agreed as follows: 1. Recitals. The recitals set forth above are incorporated herein by this reference and made a part of this Agreement. Each of the County and Pearce agree that said recitals are true and correct. In the event of any conflict or inconsistency between the terms, provisions or conditions of the General Submission approval, Detailed Submission approval, amendments thereto, PUD Plan, amendments thereto or Final Plat the latest of said .approvals, plats or amendments thereto shall govern and control. 2. Description of Proiect. The Amended Detailed Submission approval includes the following elements: (a) Residential (Overall density of eighty (80) free-market units and thirty-nine (39) multi-family employee housing rental units plus one (1) single family employee sale unit.) (i) Single Family - forty-three (43) single family free-market lots to be developed as follows: A. Eleven (11) lots each allowing up to ten thousand (10,000) square feet of floor area per lot. The specific lots approved for ten -2- #363206 11/12/93 16:10 Rec $170.Â·-,0 BK 730 PG 610 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 thousand (10,000) square feet of floor area each consist of Lots 1, 2, 3, 5, 12, 16 and 41 through 45. B. Twenty-four (24) lots each allowing up to six thousand (6,000) square feet of floor area per lot. The specific lots approved for six thousand (6,000) square feet of floor area each consist of Lots 4,6 through 11, 19 through 31, 40, 46, 47 and 48. As more fully set forth in Paragraph 2(a)(i)D below, Pearce has the right to increase the maximum floor area square footage of any one or more or all of these lots to six thousand five hundred (6,500) square feet of floor area. C. Eight (8) lots each allowing up to five thousand five hundred (5,500) square feet of floor area per lot. The specific lots approved for five thousand five hundred (5,500) square feet of floor area each consist of lots 32 through 39. As more fully set forth in the Paragraph 2(a)(i)D below, Pearce has the right to increase the maximum floor area square footage of any one or more or all of said lots to six thousand (6,000) square feet o f floor area. D. Pearce shall have the right to add up to five hundred (500) square feet of floor area to any one or more or all of the lots approved for either five thousand five hundred (5,500) or six thousand (6,000) square feet of floor area (Lots 4,6 through 11, 19 through 39,40,46,47 and 48). The additional square footage shall be obtained by utilizing up to sixteen thousand (16,000) square feet of the one hundred forty eight thousand (148,000) square feet approved for the townhouse structures. To the extent such square footage is utilized, there shall be a corresponding reduction in the total square footage allowed for the townhouse structures. No one single family lot shall utilize more than five hundred (500) square feet for a garage of the sixteen thousand (16,000) total square feet. Larger garages may be constructed utilizing any of the floor area square footage otherwise allocated to that particular lot. Lots 4, 6-11, 19-31, 32- 39, 40 and 46-48 shall contain attached garages only. Detached or attached garages may be constructed on all single family lots in the Project other than those specified in the preceding sentence. E. Each of the forty-three (43) single family lots to be developed shall be eligible for an employee caretaker units subject to review and approval pursuant to Section 3-8.13 of the Code. F. The County agrees that none o f the square footages allowed for improvements on any of the forty-three (43) approved single family lots will be increased without the written consent of Pearce (or a successor designated by Pearce for such purposes) having been first obtained. The -3- #363236 11/12/93 16:10 Rec $170.00 BK 730 PG 611 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 purpose of this restriction is to assure that after individual lots are sold by Pearce, none of the subsequent owners will be permitted to obtain approval for larger homes where such approval would in the discretion of Pearce be contrary to the overall development plan for the Project. At any time on or prior to the sale of an approved single family lot Pearce shall have the right to record (in the deed of conveyance or by separate instrument) a statement as to the maximum allowed square footage taking in account the provisions of Paragraphs 2 (a)(i) A. through F. above. (ii) Multi-Family - thirty-seven (37) free market townhomes with a maximum aggregate floor area of one hundred forty-eight thousand (148,000) square feet, excluding underground garage floor area. No individual multi-family unit shall exceed four thousand eight hundred (4,800) square feet. Floor area calculations for these units shall not include sub-surface parking. All parking for these units shall be underground. Because of the exemption of underground parking from floor area computations, the multi-family units shall not be entitled to the seven hundred fifty (750) square feet exemption for on-grade parking structures. (iii) Employee Housing - on the north side of Highway 82, a complex consisting of thirty-nine (39) multi-family rental units, including thirteen (13) one (1) bedroom units, thirteen (13) two (2) bedroom units and thirteen (13) three (3) bedroom units (the "Employee Housing Complex") and on the south side of Highway 82, one "for sale" replacement for the Mathis unit. (b) Commercial (i) Addition of thirty thousand one hundred (30,100) square feet to the existing Grand Champions Club, including full service golf clubhouse, cart - storage, maintenance facility and snack bar/halfway house. This addition of thirty __ thousand one hundred (30,100) square feet includes six thousand (6,000) square feet of replacement from the Tiehack ski area (Romeo's restaurant) and nine thousand two hundred (9,200) square feet of replacement from the Aspen Country Inn. Of the additional thirty thousand one hundred (30,100) square feet, eight thousand (8,000) square feet shall be allocated to cart storage and maintenance facilities and up to one thousand tWO hundred (1,200) square feet shall be allocated to the snack bar/halfway house. (ii) Championship eighteen (18) hole golf course. (iii) Addition of one hundred fifty nine (159) parking spaces at Grand Champions Club. (c) Lodging -4- â€ž303-.- 11/12/93 16:10 Rec $170.00 BK 730 PG 612 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 (i) Twelve (12) lodge rooms of five hundred eighty (580) square feet each for a total of six thousand nine hundred sixty (6,960) square feet adjacent or attached to the Grand Champions Club. 3. Proiect Construction. (a) The Project and the improvements provided for in this Agreement will be constructed in phases. Pearce anticipates that the phases of the Project will be constructed generally in accordance with the schedule (the "Phasing Schedule") attached hereto as Exhibit "A" which contemplates a buildout of the Project, other than single family lots, no later than the year 2004. This Phasing Schedule replaces the schedule approved by the BOCC as part of Resolution No. 91-112. The Phasing Schedule does not apply to the development of homes on the approved forty-three (43) lots which development may take place at any time and shall not be subject to the buildout requirements of the Phasing Schedule. Substantial amendments to the Phasing Schedule set forth on Exhibit "A" shall be approved by the BOCC; however, insubstantial amendments shall be approved by the Director of the Pitkin County Planning Office, (the "Planning Director"). Where Pearce is unable to adhere to the Phasing Schedule or any amendments thereto that may be approved, such non-adherence shall not result in any loss or abandonment of any Project approvals, including Growth Management Quota System allocations or replacements. In the event of such non-adherence, Pearce shall be required to obtain approval of an amendment to the Phasing Schedule from either the BOCC or Planning Director, as appropriate, under the circumstances. (b) The Resolutions provide that no excavation or demolition (including demolition of the Aspen Country Inn and Park Meadows) or other types of building permits will be issued until the Tiehack underpass/entrance construction schedule is approved by the State of Colorado Highway Department. This requirement has been satisfied by the issuance by the State of Colorado, Department of Transportation of Permit No. 390090. (c) If, in the opinion of State Highway Department or the County Sheriff' s Department, construction activity will result in any unsafe traffic conditions on Highway 82, Pearce will implement appropriate traffic control measures such as signs, flagmen or the like to mitigate such conditions. (d) Both asbestos removal, if any is required, and any demolition will be accomplished pursuant to valid permits and will comply with the Colorado State Emissions Standards for Asbestos. (e) There shall be a limit of two gas log fireplaces per building for each single family home and townhome building. Pearce shall be entitled to appeal to the Clean Air Board to approve a plan for the single family and/or townhome elements of the Project which creates less air quality impacts. In addition, individual owners o f single family -5- #363236 11/12/93 16:10 Rec $170.00 BK 730 PG 613 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 homes and/or townhomes shall be entitled to appeal to the Clean Air Board for additional fireplaces if such owner can provide a plan which creates less air quality impacts. (f) Pearce shall contact the Environmental Health Department should mineral waste, waste rock or mine dumps be encountered during the excavation phase o f the Project. Disposal of such materials off-site is discouraged due to the possibility of the excessive heavy metals being present in tile soil. This is particularly pertinent to fill material on the site which has been transported from the Little Nell Ski slope. (g) Pearce shall plan construction activities and areas in a manner that will cause as little disruption as possible to the State Highway 82 traffic. (h) The historic portion of the barn on the south side of the Project shall not be demolished. The barn may be moved intact or disassembled and moved to another location on or off tile Project. (i) Pearce shall comply with the 404 approval for wetlands disturbance from the Army Corp of Engineers as outlined in the Army Corp letter with conditions dated March 19, 1991 and attached to Resolution No. 91-111 as Exhibit "E". 0) For all buildings within the Project, building heights shall be measured pursuant to Code provisions in effect at the time of issuance of Building Permit with the exception noted in Exhibit "C", the Bulk and Area Chart, Note #2 to Resolution No. 91- 111. (k) Prior to issuance of a building permit for any underground parking structure, involving underground parking or maintenance areas, a registered ventilation engineer shall approve the design to insure that harmful levels of pollutants are not generated inside or vented outside of the structure. (1) Pearce shall submit a fugitive dust plan to be approved by the Environmental Health Department prior to issuance of an excavation or building permit for all portions of the Project. (m) All new residential buildings shall incorporate the following water conversion devices in their designs: toilets (tank-type flusho-meter) per flush - 1.5 gallons; urinals per flush 1.0 gallons; low flow shower heads. 4. Floor Area Compliance Procedures. (a) E,ach time a Building Permit application is filed for any of the townhomes or single family homes, Pearce shall obtain from a licensed architect and cause to be delivered to the Planning Director a certification as to the individual square footage floor area for such townhomes or single family homes to be constructed and the aggregate -6- #363236 11/12/93 16:10 Rec $170.00 BK 730 PG &14 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 square footage floor area of all townhomes or single family homes that have obtained building permits to date. Each time Pearce shall request a Certificate of Occupancy for any of the townhomes or single family homes, Pearce shall also provide to the Planning Director, a certification signed by a licensed architect as to the individual square footage floor area, as built, for each townhome or single family home for which a Certificate of Occupancy is to be obtained and the aggregate floor area square footage, as built, for all townhomes or single family homes, as the case may be, that have previously obtained Certificates of Occupancy. Square footage floor area computations made in connection with the issuance of a Building Permit or Certificate of Occupancy, when obtained, for any townhouse or single family home shall be the square footage relied upon in each subsequent computation made hereunder. (b) In addition to providing the certifications described in Paragraph 4(a) above, each time a Building Permit application is filed for a single family lot utilizing any of the townhouse floor area square footage, the Architect's certification shall also include: (i) the townhouse floor area square footage being utilized for that particular homesite, (ii) all townhouse square footage utilized to date for single family homesites, and (iii) the aggregate townhouse square footage remaining, taking into account all square footage utilized on single family homesites to date. (c) Should any of the certifications required in Paragraphs 4(a) or 4(b) above indicate that any single family homes or townhomes, individually or in the aggregate, exceed the allowable floor area square footages set forth in Paragraphs 2(a)(i) A through D of this Agreement, the County may withhold issuance of the Building Permit or Certificate of Occupancy, as the case may be, for such single family home or townhome that exceeds the allowable floor area square footage until the allowable square footage for such structures has been resolved. (d) Floor area for the townhomes and single family homes shall be calculated by the method specified in the Code in effect at the time of building-permit issuance for each lot. Floor area calculations for the townhomes shall not include underground parking. No floor area calculations will result in any reduction in the approved square footages for the Project. 5. Civil Engineering Drawings. Pearce has submitted and the County (acting through the Aspen/Pitkin County Engineering Department) has approved the civil engineering drawings for the Project infrastructure captioned "Maroon Creek Club Final Plat Submission Civil Engineering Drawings: dated /1 ,~f , 1993 prepaid by Schmeuser, Gordon, Meyer, Inc. (the "Civil Drawings"). Pearce shdlf construct the Project infrastructure in accordance with the Civil Drawings and any amendments thereto that may be approved. 6. Public Access and Trail Improvements. (a) The public shall be allowed year-round daytime use of the new Tiehack -7- #363236 11/12/93 16:10 Rec $170.00 BK 730 PG 615 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 Base Area parking lots subject to the restrictions set forth in the Resolutions. The new Tiehack parking lots shall accommodate not less than one hundred twenty-one (121) parking spaces. Pearce shall be permitted to request the BOCC to review this parking requirement based on changed circumstances. If the Maroon Creek Pedestrian Bridge described in Paragraph 8 below is actually constructed,this would be considered a changed circumstance for purposes of allowing review of the parking requirement by the BOCC. (b) Pearce shall construct three nordic trails. The first will be via the existing trail along that part of the west side of Maroon Creek included within the Property. This nordic trail will extend from a point on the east boundary of the Property towards the Aspen Nordic Center at the City golf course and then southerly to the new Tiehack base parking area. The second nordic trail will be at the south end of the Property along the base of the Buttennilk Ski Area to provide a connection to Government Trail and Owl Creek Trail. The third trail will be the relocated Aspen Airport Business Center ("AABC") trail on the south side of Highway 82. Pearce shall only be responsible for the construction o f the trails shown on the Final Plat which are located on the Property. The parties recognize that Pearce is not the owner of all lands required to make the connection to Government Trail nor shall Pearce be required to obtain such other lands. Overpasses, underpasses or other on-grade solutions at the base of the Tiehack portion of Buttermilk Ski Area shall be provided by Pearce for nordic skiers to cross roads. In the winter, the nordic trails described herein and in Paragraph 6(d) below, shall be set, groomed and maintained by the County or Aspen/Snowmass Nordic Council, Inc. (the "Nordic Council") or some other appropriate non-profit entity that is subject to control by the County. None of the setting, grooming or maintenance of nordic trails shall be the responsibility of Pearce. Further, in the event of any usage of the Stage Road/Tiehack Road Underpass as a nordic trail, Pearce shall not be responsible for providing adequate snow covering. (c) The connection to Government Trail through Lot 49 may be relocated by the dedication of a new trail suitable for both summer and winter use or two trails, one being the trail shown on the Final Plat as it fronts Lots 17 and 32 through 40, being for winter, nordic use only and a relocated (or additional) trail being for summer use only. (d) Provided that the agreement of the United States Forest Service or other parties, if any, as may then be in ownership of necessary lands is obtained, Pearce shall have the following rights to relocate Government Trail or connections to Government Trail. (i) Government Trail as it crosses Lots 3,4 and 5 may be relocated within said lots along a new trail labeled "Reserved for Relocated Portion of Government Trail" as shown on the Final Plat. (ii) Government Trail as relocated to the new trail labeled "Reserved -8- #363236 11/12/93 16:10 Rec $170.00 BK 730 PG 616 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 for Relocated Portion of Government Trail" may be further relocated easterly of the Project to connect with the dedicated trail on Common Parcel Q which shall serve as a connection to Government Trail. At the time of this further relocation, Government Trail as it crosses Lots 3,4 and 5 and Common Parcel R shall be vacated. (iii) The relocations described in 6(d)(i) and 6(d) above are approximate locations and may be adjusted to accommodate final alignments as agreed to by Pearce, the United States Forest Service and other necessary ownerships. (e) During the winter only, the golf course on both the north and south sides of Highway 82 will be made available for cross-country skiing. Actual trail locations may vary from year to year depending on snow conditions. Setting of trails shall avoid greens, tees and other man-made obstacles or features o f the gol f course. Access to the trails shall be via designated points from public roads. Each winter the specific location of the nordic trails on the golf course and access thereto shall be subject to the approval of Pearce. (f) The existing bike path along the north side of Highway 82, sometimes referred to as the AABC trail, will be relocated to accommodate development of the Project and as relocated will remain on the north side of Highway 82. The County reserves the right to require Pearce to relocate a portion of the bike path south of State Highway 82 east of the Stage Road/Tiehack Road Underpass which relocation shall be constructed over Gol f Course Parcel B in the area shown on the Final Plat as " Reserved for Future AABC Bike Path and Trail". (g) At such time as the County is able to secure necessary bike easements along the south side of Highway 82 from the west boundary of the Property to the existing Owl Creek Road, Pearce shall from the Stage Road/Tiehack Road Underpass to -- ~ the west boundary of the Property, grant easements for and construct a bike trail to - - connect with Owl Creek Road. (h) All new or relocated trails shall: (i) along Highway 82, take the expansion of the highway into consideration when developing the specific trail alignment and design and (ii) be constructed in accordance with current trail standards adopted by the County and in place at the time of construction and in the case of the Government Trail connection, current trail standards adopted by the United States Forest Service. Trail easements to be conveyed to the City of Aspen shall meet City of Aspen trail standards at the time of construction. During construction trails shall be kept open via temporary relocations. (i) Easements to the benefit of the public necessary for the trails described in Paragraphs 5(b), (c), (d) and (d) above, shall be evidenced and more fully set forth in separate agreements to be made between Pearce and the County and with respect to the -9- #363 , 11/12/93 16:10 Rec $170... BK 730 PG 617 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 t golf course between Pearce, the County and the City of Aspen. In the event of any conflict or inconsistency between the provisions of such separate agreements and this Agreement, the provisions of such separate agreements shall govern and control. 7. Underpasses and Roads. (a) Pearce shall construct a pedestrian underpass for purposes of accommodating pedestrians in the vicinity of the employee housing complex to serve as a trail link between the Owl Creek bike path and the ?ABC bike path. Pearce shall not be required to construct this underpass except in conjunction with the widening of State Highway 82 into a four lane highway in the area of the employee housing complex and provided that any necessary easements are obtained by the County. If this underpass is built at the expense of another agency such as the Department of Transportation, Pearce shall apply the estimated cost o f the underpass as set forth in Exhibit "C" to this Agreement as additional funds towards the cost of the Maroon Creek Pedestrian Bridge as described in Paragraph 8 below. (b) Pearce shall be responsible for the construction of the Stage Road/Tiehack Road underpass structure and roads (i.e. North Underpass Road and South Underpass Road as shown on the Final Plat) that connect new Stage Road with new Tiehack Road. The connecting roads will be designed to accommodate motor vehicles, including sno- cats, golf carts, pedestrians and in the winter, nordic skiing. Utilizing the existing State of Colorado highway right-of-way, the underpass structure shall be designed to accommodate any future widening of State Highway 82 as currently proposed. The connecting road will have a sixty (60) foot right-of-way and except where it crosses the State of Colorado highway right-of-way, shall be dedicated to the County. If required the underpass structure and adjacent areas (i.e. Parcels T and U as shown on the Final Plat) will be dedicated to the State of Colorado for State Highway 82. Pearce may also enter into agreements with the State of Colorado allowing for upgrades to the underpass structure and adjacent areas including, but not limited to special_lighting, finish materials, landscaping and special signage. (c) Pearce shall be responsible for the construction of new Tiehack Road, a portion of which will be dedicated to the County. All maintenance of Tiehack Road shall remain the responsibility of Pearce. The dedicated portion will be southerly from the intersection with State Highway 82 to the southerly entry to the public parking to be constructed on Lots 14 and 15 and will have in part a sixty (60) foot right-of-way and in part a forty (40) foot right-of-way all as shown on the Final Plat. When the new Tiehack Road is constructed, Lazy Chair Road shall be abandoned, backfilled and revegetated. (d) Pearce shall be responsible for the construction of relocated Stage Road which will have an eighty (80) foot right-o f-way dedicated to the County. -10- #363236 11/12/93 16:10 Rec $1rv.00 BK 730 PG 618 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 (e) As shown on the Final Plat, that portion of existing Stage Road from new Stage Road to State Highway 82 shall be closed. With respect to that portion of Stage Road to be closed, the County shall grant Pearce a license for parking, landscaping, utilities, drainage and roads, including roads accessing the employee housing complex. (f) Once constructed, the maintenance and repair, including snow removal, of the underpass structure, new Stage Road, that part of the existing Stage Road that has not been closed, and the roads that connect new Stage Road with new Tiehack Road (i.e. South and North Underpass Roads) shall be performed by Pearce pursuant to a separate Road Maintenance Agreement made with the County and recorded in Book '13(kt Page 439 of the real estate records of Pitkin County, Colorado. (g) Notwithstanding the provisions of Paragraph 7(f) above, each of Pearce and the County acknowledge that certain of the road and underpass improvements will be constructed within the existing or expanded right-of-way for State Highway 82 and Pearce may in lieu of any dedications to the County dedicate rights-of-way to the State of Colorado for such roads or underpass improvements. (h) Acceleration and deceleration lanes for new Stage Road and new Tiehack Road at Highway 82 intersections will be constructed in accordance with the State of Colorado Department of Transportation specifications for the construction of the new Maroon Creek vehicular bridge approaches. (i) Provided the Pomegranate Association, by a written agreement sufficient for such purposes, agrees to abandon its existing right to access Highway 82 as granted in Deed of Easement recorded in Book 308 at Page 962, Pearce will, at its expense, at the time of the construction of the new Tiehack Road, pave any unpaved portions of that Pomegranate easement area, pave any unpaved portions of the existing parking area and provide an alternative access to Highway 82 west of the existing access at a specific location to be approved by the Colorado Department of Transportation and Pitkin County Engineer. When the alternative access is completed, the existing Pomegranate access to Highway 82 shall be abandoned. Should the Pomegranate East Condominiums not agree to abandon its right to the existing Highway 82 access, Pearce shall have no obligation to perform under this paragraph and existing parking and access to Highway 82 for the Pomegranate East Condominiums will remain unchanged. 8. Maroon Creek Pedestrian Bridge. Pearce shall contribute Three Hundred Thousand and NO/100 Dollars ($300,000.00) or fifty percent (50%) of the cost, whichever is less, towards construction of a public pedestrian bridge across Maroon Creek to connect the Tiehack base area with Iselin Park. The County shall be responsible for the construction of the bridge, obtaining all requisite permits and agrees that construction of the bridge will not commence until one hundred percent (100 %) of the funding is available and that construction will be completed within one (1) year of commencement. The County shall be responsible for obtaining any access easements required on the east side of the bridge. The contributions due -11- #363- 11/12/93 16:10 Rec $170. 00 BK 730 PG *19 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 from Pearce will be due within thirty (30) days after written notice is given by the County to Pearce that the County has available the remaining funds necessary to construct the bridge, has obtained all access easements and building permits required and construction has commenced. Use of the bridge by motor vehicles except for maintenance purposes shall be prohibited. On the west side of the bridge, Pearce shall provide any required access easements on Common Parcel Q as shown on the Final Plat. The consent of Pearce to the design and location of the bridge shall be obtained, which consent shall not be unreasonably withheld or delayed. Prior to any construction, the parties shall agree on the provisions of a construction license over lands of Pearce to allow for work on the bridge; provided, however, work on the bridge shall not hinder or interfere with any development of the Project or adversely affect any elements of the Project that have already been constructed. The County shall be responsible for the operation, maintenance and repair of the bridge. If construction of the bridge does not commence within five (5) years from the date of Final Plat recordation, then in full satisfaction of any obligation to contribute towards construction of the bridge, Pearce shall make an unrestricted donation of One Hundred Thousand and No/100 Dollars ($100,000.00) to the Pitkin County Open Space Board. 9. Van Service. (a) Until such time as the Highway 82 pedestrian underpass described in 6(a) above is constructed, Pearce shall cause an internal van service to be provided to residents of the employee housing complex. By "internal van service" the parties mean as to residents of the employee housing complex, service from the complex to the Roaring Fork Transit Agency ("RFTA") bus stop to be installed on the south side of State Highway 82 and as to other residents of the Project, service to the Tiehack parking lot or Grand Champions Club or both. A plan for van service adequate to meet the needs of the residents of the employee housing complex shall be submitted to the Planning Office on or before October 1 of each year. When the construction of the pedestrian underpass is completed, van service to the employee housing complex shall be discontinued. Thereafter, van service within the Project from the free market units to the RFTA Bus Stops described in Paragraph 9 below may be on an " on call" basis only. (b) Commencing after construction of the new Tiehack parking area is complete, Pearce shall cause to be provided van service from the base of Tiehack ski area to Rubey Park on race days and other maximum traffic days. The plan for this van service shall be submitted annually on October 1 to the Planning Office. Pearce shall be permitted to request the BOCC to review this van service commitment based on changed circumstances. If the Maroon Creek Pedestrian Bridge is constructed, this would be considered a changed circumstance for purposes of allowing review of the van service commitment by the BOCC. 10. RFTA Bus Stops. Pearce shall construct and deliver one (1) public bus stop shelter on each side of Highway 82 at the time construction of the Stage Road/Tiehack Road -12- #3632 11/12/93 16:10 Rec $170.00 BK 730 PG 620 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 underpass is completed. Pearce shall be responsible for 100% of the cost of construction of the two (2) shelters. The precise location of the shelters shall be specified by the RFTA. Pearce shall design such shelters based upon recommendations from RFTA. 11. Grading and Landscaping. (a) Pearce shall vegetate all areas that are disturbed by new construction or the removal of any existing structures within one year after a Certificate of Occupancy is received for the new construction, or where no new construction is planned, within one (1) year after the removal of the existing structure. (b) Grading and berming along the Highway 82 corridor on the north side shall screen major views of the townhomes and employee housing units, yet allow occasional open views of the golf course or clubhouse from Highway 82. Subject to timely review by the BOCC so as not to delay the Phasing Schedule, reasonable modifications to the grading and berming along the Highway 82 corridor as shown in the PUD Plan may be agreed to by Pearce and the BOCC to accomplish screening and open view objectives. (c) Pearce has submitted as a part of the Civil Drawings a temporary erosion control plan which has been accepted by the Aspen/Pitkin County Environmental Health Department and the Pitkin County Engineering Department. This plan deals with erosion i concerns related to construction of the golf course and major regrading of the Tiehack area. A cost estimate for this plan is included in the attached schedule for the Project public improvements. (d) All buildings in the Project requiring water and sewer service shall be provided with central water and sewer. No individual or private systems shall be allowed within the Project. (e) With respect to the landscaping and irrigation plan shown on the PUD Plan, the Planning Director may approve insubstantial changes thereto which do not adversely affect the public interest. Any other changes to the landscaping and irrigation plan shall be approved by the BOCC. (f) Pearce shall not allow the use of poisons for rodent control except upon approval of the County via an amendment to the PUD. 12. Utilities. (a) No excavation, demolition, foundation and /or grading permits shall be allowed until such time as there is an adequate legal and financial agreement with the City of Aspen for a water supply, as approved by the County Attorney which approval shall not be unreasonably withheld or delayed. Any permits for the approved Grand -13- #363236 11/12/93 16:10 Rec $170.00 BK **@ PG 621 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 Champions Club expansion or ditch relocations on the Property may issue without regard to the requirements of this Paragraph 12(a). (b) Pearce shall underground all utilities in the Project with the exception of required surface mounted transformers, telephone and cable television pedestals, natural gas, pump or pressure reducing stations, fire hydrants, meters and similar appurtenances requiring above grade installation. Irrigation, snow making and domestic water pump stations will be either sheltered or placed underground. (c) A new sanitary sewer collection system will be constructed for the entire Project and will connect to the Rodeo Trunkline in Stage Road. The existing Rodeo Trunkline within the Project will be abandoned and all existing connections to the Buttermilk trunkline will be removed. 13. Water Quality. (a) All ponds shown throughout the Project will be lined with a semipermeable clay or other suitable material to prevent water loss and potential for downstream pollution. Specific techniques will be implemented to prevent excessive evaporative loss from all ponds. (b) No proliferation of algae in natural streams shall be allowed to occur as a result of the development of the Project. (c) During golf course construction and the first five (5) years of its operation, Pearce shall implement a water quality monitoring program as shown on Exhibit "B" which will address various elements of the Project such as landscaping and chemical treatment. 14. As-Built Survev The location of various elements of the Project as shown on the PUD Plan, Final Plat or Civil Drawings, including but not limited to, utilities, roads and trails, represents the best planning of Pearce as to where such improvements can and will be built. Actual conditions relative to construction may require minor deviations or variations as to the location o f such improvements. At such time as construction of any or all of the Project elements is complete, Pearce may cause the precise location of such improvements to be surveyed. Based on such survey, the Planning Director shall at the request of Pearce approve insubstantial amendments to the PUD Plan, Final Plat or Civil Drawings to correct deviations in the as-built surveyed location of any such improvements. 15. Financial Assurances. (a) The County has determined that Pearce shall provide security sufficient to make reasonable provision for the completion of the Project public improvements for which Pearce is responsible in accordance with the Civil Drawings or as shown on the -14- #3632.- 11/12/93 16:10 Rec $170. 3 K 730 F G *22 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 Final Plat or as otherwise provided in this Agreement. (b) The security (the "Security") to be provided hereunder by Pearce shall comply with Section 6-4.5(a)(1)(A) of the Code. (c) No Security for any Project public improvements shall be required from Pearce until issuance of the first excavation, demolition or grading permits for any of the Project. Upon the issuance of the first excavation, demolition or grading permits for any of the Project, Pearce shall, as to those public improvements described in Exhibit "C" attached hereto captioned "Project Public Improvements", provide security adequate to assure the completion thereof in accordance with the Phasing Schedule. The Project Public Improvements shall include trails, Tiehack/Stage Road Underpass, all public and private roads, water, sewer and civil infrastructure for the entire Project including free market lots, townhomes and employee housing complex. (d) Upon the request of Pearce, portions of the Project Public Improvements that are completed shall be inspected by the County. Where the inspection shows that the improvements are substantially completed according to the Civil Drawings or other approved plans and/or specifications, the County Attorney shall authorize the release of that part of the Security given to assure completion of such improvements. By "substantially completed" the parties mean construction that is essentially complete other than "punch list" type work for which the County may require continuing security. (e) Where Pearce desires to obtain only permits for grading or the demolition of any existing structures within the Project, then in lieu of the Security requirements described in Paragraph 15(c) above, it shall be sufficient for Pearce to provide to the County Security adequate to assure completion of such demolition including removal of all debris, backfill and revegetation or in the case of grading to restore as nearly as practicably the affected lands to its condition existing prior to the commencement of such grading. Upon demolition o f the Aspen Country Inn and provided that such use is not later restored in accordance with Section 7-1.13 of the Code, that certain Agreement dated June 1, 1981 and recorded in Book 431 at Page 221 (and exhibits thereto) between the County and James A. Latham d/b/a Pomegranate Inn shall be terminated and extinguished. At the request of Pearce, the parties shall enter into any additional agreements as shall be necessary to extinguish of record said Agreement dated June 1, 1981 and exhibits thereto. In tile alternative, if after demolition, the Project shall be abandoned or modified to exclude the Aspen Country Inn then such use may be restored in accordance with Section 7-1.13 of the Code. (f) Pearce may cause a special improvement district to be formed for purposes of financing all or part of the construction of the Project Public Improvements. If such district is formed, then at the time the district obtains funding from the sale of bonds or other sources sufficient for the construction of the Project Public Improvements, Pearce shall be entitled to a release from the County of an equivalent amount of Security 15- #363236 11/12/93 16:10 Rec $170.00 BK 730 PG 623 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 provided hereunder. The County agrees that it will not oppose the formation of a special improvement district for the purposes set forth herein. 16. Certificates of Occupancy. Except as otherwise provided herein, no Certificates of Occupancy shall be issued by the County for any free market townhome buildings or single family homes until Pearce shall have obtained a Certificate of Occupancy for the entire Employee Housing Complex. Provided Pearce shall have complied with either 16(a) or 16(b) below, Pearce shall be entitled to Certificates of Occupancy for all or certain of the free market townhome buildings and single family homes even though a Certificate of Occupancy has not been obtained for the entire Employee Housing Complex: (a) Pearce may provide additional Security to the County to assure completion of the entire Employee Housing Complex. In determining the amount of additional Security to be provided hereunder and in Paragraph 16(b) below, Pearce shall not be required to provide Security for the Employee Housing Complex infrastructure as Security has already been provided for the infrastructure as part of the Project Public Improvements. (b) The Employee Housing Complex consists o f six (6) separate buildings. Pearce shall be entitled to provide the County with partial additional Security sufficient to complete any one or more of the separate buildings and for each unit in an Employee Housing Complex building for which additional Security is provided, Pearce shall be entitled to Certificates of Occupancy for two (2) free market townhomes or single family lots selected by Pearce. (c) Nothing in this Paragraph 16 shall prevent Pearce from obtaining: (i) demolition, grading or building permits for the Project or (ii) Certificates of Occupancy for up to 69 6 0 square feet in additions to the Grand Champions Club. 17. Improvement Maintenance Agreement. In accordance with Section 6-4.5(b) of the Code, Pearce shall, prior to the conveyance, sale or transfer of any single family lots or townhomes within the Project (excepting transfers by Pearce or its assigns of undeveloped lots or the granting of liens to lenders) enter into an Improvement Maintenance Agreement with Maroon Creek Club Commons Corp. or one or more similar entities to provide for maintenance in perpetuity of all Project common improvements not accepted for dedication by the County. 18. Remedies of County. (a) In the event Pearce shall fail to construct any Project Public Improvements for which it is responsible under this Agreement in accordance with plans and/or specifications appearing in the Civil Drawings, the County shall provide Pearce with a notice of non-compliance ("Notice of Non-Compliance") together with the right for a period of ninety (90) days after the receipt by Pearce of such notice to cure such non- compliance. The Notice o f Non-Compliance shall include a list o f specific deficiencies -16- #363 11/12/93 16:10 Rec $170..., BK 730 PG 624 Silvia Davis, Pitkin Cnty Clerk. Doc $.00 to be corrected in order to cure the non-compliance. If Pearce, by written notice to the County given prior to the expiration of the time to cure set forth in tile Notice of Non- Compliance, disputes whether or not a default exists, then as soon as practicable, the BOCC shall conduct a hearing (the "Non-Compliance Hearing") to detennine whether or not a default exists. At such hearing, Pearce may present any evidence relevant to the alleged default. Should the BOCC determine at the hearing that a default exists, then Pearce shall have ninety (90) days from the date of tile hearing within which to correct the deficiencies. If at the expiration of said ninety (90) day time period, Pearce is proceeding with due diligence to correct the deficiencies, then said time period shall be extended for so long as Pearce shall continue to proceed with due diligence to correct such deficiencies. (b) If Pearce shall fail or refuse to cure the deficiencies identified in the Notice of Non-Compliance within the time provided or in the event a Non-Compliance Hearing shall occur where the BOCC determines a default exists and ninety (90) days from the date of the hearing or any extension thereof shall pass without the deficiencies being cured, then at any time thereafter the County shall have the right to draw on said Security to correct the deficiencies in as economically efficient manner as is practicable. (c) Subject to the force majeure provisions of Paragraph 21(g) below, in the event Pearce shall, for a period of one (1) year beyond the longest permissible time allowed in the Phasing Schedule or any amendments thereto fail to substantially complete I any Project element, the Project shall be presumed to be abandoned. If the Project is presumed to be abandoned, the County shall have the right, upon thirty (30) days written notice to Pearce, to draw on the Security to complete all remaining Project Public Improvements in as economically efficient manner as is practicable. (d) The remedies set forth herein shall be the exclusive remedies of the County in the event of any default under this Agreement by Pearce. No default - --Â·- hereunder by Pearce shall result in any revocation or termination of the Project approvals -- as described in the Resolutions. 19. Notices. Notice given to the parties to this Agreement shall be deemed given if personally delivered or if deposited in the United States Mail to the parties by registered or certified mail, postage prepaid at the addresses indicated below or at such other address as may be substituted upon written notice by the parties or their successors or assigns and in the event of mailing shall conclusively be deemed received three (3) business days after the date of registration or certification: To the County: Pitkin County Planning Office 130 S. Galena Street Aspen, CO 81611 -17- #363236 /12/93 16:10 Rec $170.00 _.. 730 PG 625 Silvia Davis, Pitkin Enty Clerk, Doc $.00 With Copy To: County Attorney Courthouse Plaza Building 506 East Main Street Aspen, CO 81611 With Copy To: Planning Director Aspen/Pitkin Planning Office 130 S. Galena Street Aspen, CO 81611 To Pearce: Pearce Equities Group II Limited Liability Company 601 East Hyman Avenue Suite 104 Aspen, CO 81611 With Copy To: Ronald Garfield, Esq. Garfield & Hecht, P.C. 601 East Hyman Avenue Aspen, CO 81611 20. Vested Rights. The BOCC has considered the needs of both the County and Pearce and has determined pursuant to C.R.S. 24-68-101 eL seq. that the Phasing Schedule shall, for the time periods set forth therein, or any amendments thereto approved by the County or Planing Director, constitute an extension of the vested property rights appurtenant to the Property. 21. General Provisions. (a) This Agreement shall be subject to and construed.in accordance with the laws of the State of Colorado, including the Code. (b) All provisions, covenants, restrictions and obligations contained herein shall run with and constitute a burden upon the title to the Property and shall be binding upon and shall inure to the benefit of Pearce and the County and their respective heirs, personal representatives, successors and assigns. (c) This Agreement contains the entire understanding and agreement between the parties herein with respect to the transactions contemplated hereunder and may be altered or amended from time to time only by written instrument executed by each of the parties hereto. (d) Pearce may assign its interest in the Property to a third party who shall develop the Property or portions thereof, including the construction of the Project public -18- #363236 /12/93 16:10 Rec $170.00 -a 730 PG 626 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 improvements contemplated hereunder, in accordance with and subject to the provisions of this Agreement. Pearce may also assign certain of its obligations hereunder to any one or more special districts or homeowners associations to be fonned for purposes of performing such obligations. In the event Pearce shall assign its entire interest in the Property to a third party and such third party shall provide adequate financial assurances as Security for the Project public improvements, Pearce shall be released from all further obligations hereunder. (e) Pearce's obligations to construct the Project public improvements contemplated hereunder are expressly contingent upon: (i) the County approving and executing the Final Plat and, upon completion of the townhomes, approval and execution by the County of one or more condominium maps, provided said Final Plat and condominium maps comply with all applicable provisions of the Code, and (ii) the acceptance for recordation of the Final Plat and condominium maps in the office of the Clerk and Recorder for Pitkin County, Colorado. The County acknowledges that Pearce has already obtained approval to condominiumize certain Project elements consisting of the townhomes, lodge rooms and employee housing complex. (f) This Agreement is intended to amplify and carry out certain of the provisions of the Resolutions. In the event of any conflict between the provisions of this Agreement and the Resolutions, the provisions of this Agreement shall, to the fullest extent permitted by law, govern and control. (g) In the event that Pearce shall be delayed or hindered from performing under this Agreement (other than payment of any sums due or providing any Security) by reason of natural disaster, weather or seasonal conditions, labor troubles, inability to procure materials, failure of power or other utilities, war, or other reasons beyond its control, then the period for the performance hereunder shall be extended for a period equivalent to the period of such delay or hinderance (the "Delay Days"). Within thirty (30) days following the end of each calendar year, or sooner, Pearce shall notify the County in writing of any Delay Days claimed for the calendar year or other period. (h) From time to time, Pearce shall have the right to obtain from the County, in recordable form, partial releases from its obligations under this Agreement where such obligations have been fully performed or are no longer applicable. When all the obligations of Pearce hereunder have been performed or are no longer applicable, the parties shall, at the request of Pearce and in recordable form, enter into a full release (and termination) of this entire Agreement. (i) Each of the parties agree to execute, acknowledge and deliver, such further instruments, documents or certificates and to do all things and acts as the other party may reasonably require in order to carry out the intentions of this Agreement and the transactions contemplated hereby. -19- #36. 6 11/12/93 16:10 Rec $170.00 BK 730 PG 627 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 0) No provision of this Agreement shall be construed against or interpreted to the disadvantage of any party by reason of such party having or being deemed to have requested, drafted, required or structured such provision. (k) In the event of any action for breach of, to enforce the provisions of, or otherwise involving this Agreement, the court in such action shall award a reasonable sum as attorneys' fees to the party who, in light of the issues litigated and the court's decision on those issued, was the prevailing party in the action. (1) In the event any clerical, administrative or other errors are found in this Agreement or any legal descriptions or other exhibits hereto or in the event any exhibit shall be missing, the parties agree to promptly execute, acknowledge, initial and/or deliver, as necessary, any documentation in order to correct the erroneous document, description, exhibit or to provide any missing exhibit. (m) From time to time, Pearce shall have the right to obtain from the County, an estoppel certificate whereby the County (by the County Attorney) shall certify to Pearce or another party designated by Pearce such as a construction lender, that at the time of the issuance of such certificate and except as otherwise noted thereon: (i) no Notice of Non-Compliance has been given by the County, (ii) this Agreement is in full force and effect and (iii) the County has no knowledge of any default under this Agreement on the part of Pearce nor does the County have knowledge of the existence of any circumstances which with the passage of time would give rise to such default. In addition, the certificate shall provide such other information as Pearce or any other party requesting the same, shall reasonably require, relative to this Agreement. The issuance of such certificate shall not be unreasonably withheld or delayed by the County. IN WITNESS WHEREOF, the parties have executed this Subdivision Improvements Agreement the day and year first written above. BOARD OF COUNTY COMi~~SIONERS ATTEST: / OF PITKIN COUNTY .O*ADO ByÂ·Â· fdfff) Bill Tuite,+Mairperson *24)Â£6Â« / C(knty C lirk d M PEARCE EQUITIES GROUP II LIMITED LIABILITY COMPANY, a Utah limited liability company Jjffies T. Pearce, Jr., Me~:6er -20- #363236 11/12/93 16:10 Rec $170.DO BK 730 Pli 628 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 ACKNOWLEDGMENT PAGE TO SUBDIVISION IMPROVEMENTS STATE OF COLORADO ) ) SS COUNTY OF PITKIN ) The foregoing Subdivision Improvements Agreement was acknowledged before me this 2 day of ~00 12Kh 601 , 1993 by James T. Pearce, Jr., Member of Pearce Equities Group II Limited LiaBility Company, a Utah limited liability company. WITNESS my hand and official seal. My commission expires: 04 0394 . Notary Public E *Lf 2'0 LlC . Clâ€¢ r STATE OF COLORADO ) ) SS COUNTY OF PITKIN ) The foregqing Subdivision Improvements Agreement was acknowledged before me this \ f day of ht 130 1 L l.â‚¬ 1 , 1993 by Bill Tuite as Chairperson for the Board of County Commissioners of Pitkin County, Colorado. WITNESS my hand and official seal. 17 3 -z. r. Â·b My commission expires: , 0 L_ 1. ) --l 3 .,P,11,1,/f/,/, 4'.;'Niolo 3 '/, Notary Public 1 3 :Â·-4 ~ .- C/: 1.... . 1 f -- -21- #363236 11/12/93 16:10 Rec $170.00 BK 730 PG 629 .-. Silvia Davis, Pitkin Cnty Clerk, Doc $.00 EXHIBIT "A" PHASING SCHEDULE ACTIVITY 1993 ' 1994 1995 ; 1996 1997 ; 1998 DESCRIPTION ;JYMA MJJASONDtJPM AMJJASOND;JFMAMJJASOND;J FMAMJJASOND;JYMAMJJASOMD;JFMAMJJASOND; ; DEMOLITION / RELOCATIONS 6 SsSSSLSS5SSSSSSssSSSsSSSS5SSSS5SSS F/FF/FFF/FF/F/FF Â· Â· , ; GOLF COURSE ; SSESSSs SsssSSSsssSSSs : Ss SSS XXXXXXXXXXXXIXXIXXXXXXIX F,/FF!,7 : -mr-F : Â¥TT ; 01 # ., LANDSCAPING ; : 1LLILLL1LL LLL1LLLLLL1LL : LL11LLLLL1LLL : LLL11LLL111LL : LI.LLZLLLI.LLLL : <U ; ROADS, UTILITIES,SITEWORK ; Sss : SSsssSSSsssSSS : SsssSSSsssSSSs : SssSS,FFF,FF, : "F""FF : ' V 'Â·N TIEHACK ROAD 1 sss : SsSSSsssSSSsss : FF,FrrIFF,!FF! : "r"FF : : 1 ; STAGE ROAD ; SS : SsssSSSssSSSss : S S S S S S S FFPFFF!' : ,!F"FF,Fr,FF : ; 1 ; TRAILS ; S5SSS S S S S S S 5 S S FY F F/ r'Frpry,Fr!,7 : : 1 ; LANDSCAPING ; LLL11LLLL : LLLELL1LLLLLL ; 1LLLLLL1LLLLE : 1LLL1LLLLILLL : ; ; EMPLOYEE HOUSING ; : S5SSSBSSS5SS ssSSsss â€ž,FFFI,F : Fr,FF,FrrFF,FF,FFF,F: : I tj ; LANDSCAPING ; : LZL1LLLLILLLL LELL1LLL11LLL : 1LLLL 1. : 2. 1. : 3. 2. : 4. 3. : 4. : ; CLUBHOUSE EXPANSION ; SSSS : ssss Fl'FF : ssss F,Fr : ssss 'Fr, : : LANDSCAPING ; : : LlLLLL : LLLLLL : LL1LLL : LlLLLL 5 : 1. : 2. : 3. : ~ TOWNHOME CONSTRUCTION ; : SSSSSSSSSS : SssSSSsssSSS : SssSSS LANDSCAPING â€¢ t : LLLILLLL : LL11LLLL : LL11LLLL : LLILLILL ; : 1. : 2. : 3. : ACTIVITY ; 1999 ; 2000 ; 2001 ; 2002 ; 2003 ; 2004 5 ~ DESCRIPTION ;JFMAMJJASOND;JFHAMJJASOND;JFMAMJJASOND;JFMAMJJASOND;J/MAMPJASOND;JPMAMJJASOND; ; CLUBHOUSE EXPANSION ; ~ LANDSCAPING ; LLLLL : ; TOWNHOME CONSTRUCTION ; TY!?FriTY!!TrYITYYFY?Y!!FYÂ¥!YYYTY!!T!!VIYE!!t t 1 j LANDSCAPING ; LL1LLLLL : LLLLL1LL : LLLL1LLL : LLLÂ£LLLL : 1LLLILLL : ; ; LEGEND: SsssSSSsSS RANGE OF START DATES ; PEARCE EQUITIES GROUP II ; i 6 FYFFFIFYFF RANGE OF COMPLETION DATES ; MAROON CREEK COLF CLUB ; JUNE 11, 1993 ; LLZLLLLLLL LANDSCAPING ; PHASING DIAGRAM ; â€¢ LOOCOCUXX ONGOING ACT ITY ; C . â€¢ In the Tiehack townhouse area, landscaping will be done in accordance with the approved plan or an interim plan acceptable to the County, ind will occur no later than two years after site improvements are completed except where buildings are locatid, 5. . 1.javlS Pitkin Cnty Clerk, D $.00 /1 /93 16:10 Kec Â»1 CJU Me #363236 .1/12/93 16:10 Rec $170.00 -K 730 PG 631 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 . EXIIIBIT "B" WATER QUALITY MONITORING PROGRAM ASPENBPITKIN ENVIAC]NMENTAL HEALTH C]EPAATMENT April 15, 1992 3 Mr. John L. Blanchard, P. E. Waste Engineering, . 2430 Alcott St. Denver, Colorado 80211 At your request, we have reviewed the Water Quality Monitoring program for Maroon Creek Development Corp. as submitted in your March 13, 1992 Letter. In order in the report, are the points I found interesting and noteworthy. 1. Water Quality Parameters selected for monitoring should result in a broad spectrum scan of surface and ground water pollutants. The locations are in those areas that we feel would most likely yield the best and most N this time. 9 accurate information at Background and 0 existing water quality should be established with the 3 proposed sampling schedule. However, additional samples in Summer during agricultural activities and in Winter during low flow periods- might actually reflect existing conditions more accurately and reveal trends that might otherwise be missed. , 2. The soil sampling schedule, locations and proposed analysis conform to the recommendations of this department. 3. It is excellent to see that your recommendations include the flexibility to modify the monitoring program as additional information is obtained. In summary, the finalized program closely conforms to the criteria and recommendations of this department expressed to the pitkin County Land Use review process. Please contact our office, - if we may provide further information regarding the State and local requirements for this golf course facility. Likewise, we will be f available to respond to further inquiries regarding our involvement in the planning, construction, development, and operations phases of the project. If you have further questions or comments concerning this matter, please call me at 920-5070. Sincerely, , Robert F. Nelson Environmental Health Officer cc: Paul Avant Wright Water Engineers Silvia Davi , Pitkin Enty Cler-- Doc $.( Waste Engineering, Inc. 2430 Alcort Street : Denver, Colorado 80211 #363236 11/12/93 16:10 Rec $170.00 BK 730 PG 633 (303) 433-2788 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 March 13, 1992 Mr. Bob Nelson Pitkin County Environmental Health Department 130 South Galena Street Aspen, Colorado 81611 RE: Maroon Creek Development Corporation -- Water Quality Monitoring Program Dear Bob: As you may recall, Waste Engineering, Inc. has been working with the MMoon Creek Development Corporation to design and implement a water quality monitoring program for their proposed development near Maroon Creek. A copy of the finalized program, dated ' September 18, 1991, is attached for your convenience. We are in the process of completing the interim monitoring aspect (Item 1) of the program. Although sample collection was delayed from the intended date of completion in November, 1991, we feel that valuable data were generated from the sample locations. Current plans are to select the sites for three monitoring wells to be installed next month, with quarterly monitoring to begin in May at the three wells and at two surface water locations on Maroon Creek. We may still include a seasonal station at Willow Ditch at the southern property line, and we will analyze this possibility concurrent with selection of the well sites. While you expressed general approval of the program when we met last May, we would appre- ciate your review of the finalized program and forwarding your comments to us at tile above address. If you have any questions, please feel free to call me at 303/480-1700. Very truly yours, WASTE ENGINEERING, INC. JLB/blli John L. Bladckard. P.E. 842-003.05B Project Mdiager Attachments Waste Engineering, Inc. 2430 Alcott Street ' Denver, Colorado 80211 #363236 11/12/93 16:10 Rec $170.00 BK 730 PG 634 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 (303) 433-2788 KEMORA.trDUM TO: Chuck Vidal FROM: Waste Engineering, Inc. DATE: September 18, 1991 RE: MCDC Water Quality Monitoring Program At your request, we have updated the water quality monitoring program that we are recommending for the Maroon Creek Development Corporation includes the following work items: 1. Interim monitoring for 28 parameters at nine existing surface and ground- Water sites. These would be the same locations from which samples-were collecced in November 1990. Note that generation of additional water quality data at locations should be of use in the NPDES permit application process. -- er, 1 1 J \99 7 Completion Date: November 1, 1991. 2. Collect, compile and report existing historical water quality data. Complecion Date: April 1, 1992. lJ 3. Select siting and design criteria.for installation of three monitoring wells, and supervise installation of the wells. Completion Date: May 1, 1992. 4. Quarterly monitoring at two existing surface water sites and three new monitoring wells. Analysis will be for 28 physical and inorganic parame- ters and four chemical scans as identified in the attachment. Samples will be analyzed at Barringer Laboratories in Golden, Colorado. Addition- ally, one-time analysis for all of the nine pesticides proposed for use in the Integra[ed Pest Management ("IPM") program will be included. Subse- quent :nonitoring for specific pesticides will be scheduled according to their use. Quarterly Sampling Dates: May 1992, August 1992, November 1992, etc. 5. Soil sampling on two days, before and after construction, at four loca- tions to be selected. The soils will be analyzed in a laboratory for organochlorine pesticides, metals, semi-volatile organic scan, volatile organic scan, and cation exchange capacity. Soil sampling days to be arranged according to construction schedule. #363236 11 /93 16:10 Rec $170.00 BE U r- O O OJ Silvia Davis, Pitkin Cnty Clerk, Doc ) MEMO TO: Chuck Vidal September 18, 1991 Page 2 of 2 6. Analysis and compilation of all data generated and continued consideration for the changing needs of this monitoring program as results are received. #3632 1/12/93 16:10 Rec $170.0. K 730 PG 636 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 Parameters to be analyzed for in this monitoring program: Primarv Metals Secondary Metals Other Parameters 1. Arsenic 9. Copper 13. Nitrate 2. Barium 10. Iron 14. tlitrite 3. Cadmium 11. Manganese 15. Hardness 4. Chromium 12. Zinc 16. Total Phosphorous 5. Lead 17. Sulfate 6. Mercury 18. Potassium 7. Selenium 19. Calcium 8. Silver 20. Magnesium 21. Chloride 22. Fluoride 23. Boron 24. Conductance 25. NH3 26. PH 27. Sodium 28. Total Dissolved Solids IPM Pesticides 1. Benamyl 2. Chlorpyrifos 3. Fenarimol 4. Glyphosphate 5. PCNB 6. Triadimefon 7. Metalaxyl 8. Iprodione 9. Mancozeb A. Organochlorine Desticides and PCBs scan (EPA method 608/8080) B. Chlorinated hervicides scan (EPA method 615/8150) C. Volatile organics scan (EPA method 8240) D. Semi-volatile organics scan (EPA method 8270) #363236 11.12/93 16:10 Rec $170.00 BK .30 PG 637 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 EXHIBIT "C" PROJECT PUBLIC IMPROVEMENTS AND COST ESTIMATES DESCRIMION OUANTITY UNIT PRICE PER UNIT EXTENSION General Sitework Demolition 1 LS 300,000 R&R Topsoil 15,972 CY $2.50 Per CY 39,930 Site Grading 215,000 CY $1.75 Per CY 376,250 Erosion Control 1 LS 230,750 Reseeding 30.0 AC $2,500.00 Per AC 75,000 Subtotal $1,021,930 Road Construction R&R Topsoil 9,700 CY $2.50 Per CY 24,250 Road Grading 85,000 CY $1.75 Per CY 148,750 Curb & Gutter 29,771 LP $15.00 Per LF 446,565 Sidewalk 38,690 SF $2.25 Per SF 87,053 Retaining Walls 26,210 SF $15.00 Per SF 393,150 Road Base 43,575 SY $5.00 Per SY 217,875 Paving 40,335 SY $7.90 Per SY 318,647 Landscape & Irrigation 9.1 AC $30,000.00 Per AC 273,000 Subtotal $1,909,289 The above Road Construction Budget can be allocated as follows: Stage Road & Stage Court $280,028 Tiehack Road $918,488 Townhouse Road $416,512 Other Improvements $294,261 Paths/Trails/Shelters/Van Bike Paths 6,200 SY $9.85 Per SY 61,070 Trail Relocation 1,825 LF $5.50 Per LF 10,038 Bus Shelters 2 EA $3,500.00 Per EA 7,000 Maroon Creek Bridge Contribution 100,000 Pedestrian Tunnel 1 LS $175,000.00 Per EA 175,000 Van 20,000 Subtotal $373,108 #363236 11/12/93 16:10 Rec $170-0 K 730 PG 638 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 EXHIBIT "C" CONTINUED DESCRIPTION OUANTITY UNIT PRICE PER UNIT EXTENSION Highway 82 Underpass Detour 4,300 SY $35.00 Per SY 150,500 Earthwork 12,500 CY $6.00 Per CY 75,000 Walls/Abutments 525 CY $375.00 Per CY 196,875 Superstructure 6,000 SF $25.00 Per SF 150,000 Approaches 10,000 SF $5.00 Per SF 50,000 Subtotal $622,375 Water Distribution 24" Underpass Relocate 1 LS 65,000 12" Highway Crossing 1 I3 25,000 Water Mains 13,100 LF $27.25 Per LF 356,975 PRV Stations 3 EA $16,500.00 Per EA 49,500 West Buttermilk Tank 1 LS 400,000 Subtotal $896,475 The above Water Distribution Budget can be allocated as follows: Stage Road & Stage Court $109,289 Tiehack Road $155,823 Townhouse Road $141,363 Other Improvements $490,000 Sanitary Sewer Highway 82 Crossing 1 LS 10,000 Abandon 8" Sewer 1 LS 5,000 Sewer Mains 15,900 LF $24.25 Per LF 385,575 Force Mains 1,740 LF $16.50 Per LF 28,710 Service Laterals 94 EA $1,175.00 Per EA 110,450 (Added per discussions with County Engineer) Manholes 62 EA $2,200.00 Per EA 136,400 Pump Stations 2 EA $13,500.00 Per EA 27,000 Subtotal $703,135 #363236 11/12/93 16:10 Rec $170.00 ... 730 PG 639 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 EXHIBIT "C" CONTINUED DESCRIFTION OUANTITY UNIT PRICE PER UNIT EXTENSION The above Sanitary Sewer Budget can be allocated as follows: Stage Road & Stage Court $161,126 Tiehack Road $267,918 Townhouse Road $274,091 Drainage Improvements Storm Sewers 10,100 LF $23.00 Per LF 232,300 Inlets/Outlets 37 EA $1,350.00 Per EA 49,950 Rip-Rap 735 CY $48.00 Per CY 35,280 Grade Ditches 3,040 LF $3.15 Per LF 9,576 Subtotal $327,106 Irrigation Ditch Improvements Road Crossings 3 EA $2,500.00 Per EA 7,500 (Per discussions with County Engineer) Subtotal $7,500 Employee Housing Mathis Replacement 1,510 SF $110.00 Per SF 166,100 (Per Housing Board Resolution) Subtotal $166,100 Subtotal $6,027,019 Contingency (5 %) (Added Per County Engineer) $301,351 Grand Total $6,328,370 1.lili 111111 lili 1111111 lilli lilli 1111.l illi 403224 04/08/1997 04:02P ORDINANCE 1 of 4 R 21.00 D 0.00 N 0.00 PITKIN COUNTY CLEEK - ORDINANCE NO. 40 (SERIES OF 1996) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A REZONING FOR THE MAROON CREEK SUBDIVISION IN CONJUNCTION WITH ANNEXATION INTO THE CITY OF ASPEN WHEREAS, pursuant to Section 26.92.020 of the Aspen Municipal Code the applicant, the City of Aspen, has submitted a request for a map amendment to rezone the-Maroon Creek Club subdivision, two Pfister parcels, and the water tank parcel in conjunction with annexation into the City of Aspen; and WHEREAS, through the development approvals of the Maroon Creek Club subdivision the developer agreed to annex into the City of Aspen; WHEREAS, it is the obligation of the City of Aspen, under the Water Service Agreement, to not divest or diminish the land use approvals or development rights awarded by Pitkin County for the project in their entirety and has therefore maintained all existing County approvals, findings, written interpretations and amendments for the subdivision granted prior to the annexation agreement; and WHEREAS, to further clarify the approvals and the intent of the Water Service Agreement and the Annexation Agreement, Exhibit A defines the following definitions of the Pitkin County Land Use Code that shall be utilized for purposes of determining height, bulk, and setbacks within the PUD: Accessory Structures Basement Building Height Floor Area (FAR) Setback Structure Yard Yard, front side and rear WHEREAS, a duly noticed public hearing was held by the Aspen Planning and Zoning Commission on October 22, 1996 to consider the application for a map amendment and forwarded a unanimous recommendation of approval to the Aspen City Council; and WHEREAS, the Aspen City Council having considered the Commission's recommendation for a map amendment at a public hearing on November 25, 1111111111111111111111111111111111111111111111111111111 404428 05/15/1997 10:56A ORDINANCE 4 -r 1 A a .1 am n 01 Mot N A MA PT TI<TN COUNTY CLERK 11.1111111'l lili 1111'll lilli lilli 1111.1111 403224 04/08/1997 04:02P ORDINANCE 2 of 4 R 21.00 D 0.00 N 0.00 PITKIN COUNTY CLERK 1996, and finds that the proposed rezoning of the Maroon Creek Club subdivision is consistent with the requirements of the Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That it does hereby grant rezoning of the Maroon Creek Club Subdivision, the Pfister out-parcel, the former ARU Facility outparcel, and the water tank parcel as follows: Former ARU Facility Outparcel RR Pfister Outparcel RR Water Tank Parcel C PUD Overlay on alllettered and numbered parcels Lot # Proposed Citv Zoning 1-5 RR 6-12 R-15A 13 AH 14 C 15 C 16 RR 17 RMF-A 18 RMF-A 19-40 R-15A 41-45 RR 46 - 48 R-15A 49 C 50 RMF-A 51 P/SPA 52 API A-C E-G H-K L-N P-S T-U Section 2: The Official Zone District Map for the City of Aspen, Colorado, shall be and is hereby amended to reflect those rezoning actions as set forth in. Section 1 above and such amendments shall be promptly entered on the Official Map in. accordance with Section 26.28.30.B of the Municipal Code. 111'111 lilli 111111 lilli 1111111'1111111111111111 lili lili 404428 05/15/1997 10:569 ORDINANCE 2 of 14 R 71.00 D 0.00 N 0.00 PITKIN COUNTY CLERK a8%EEÂ£2B 11111.111111 lili 111111111111 lilli 1111111.'ll 403224 04/08/1997 04:02P ORDINANCE 3 of 4 R 21.00 D 0.00 N 0.00 PITKIN COUNTY CLERK Section 3: That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 5: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: A public hearing on the Ordinance shall be held on the day of November 25, 1996 at 5:00pm in the City Council Chambers, Aspen City Hall, fifteen (15) days prior to which hearing a public notice of the same shall be published one in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provig~ed by,law, by the City Council of the City of Aspen on the 28 day of 1996. â€žflit/"HZ,i,1, John Bennett, Mayor 'ff,19 .0.:.741 f,/.~ ATTEST:Â«-2 Id?EAL- i E, 4 6-94 i / < - -~~fkatix,Â§ ~och, City Clerk 4.2 -2 ,-U~~1" \ FINALLY, adopted, passed and approved this 4 5- day of ~~~Z,â‚¬,g.*42,L 1996. - 1111111111111111111111111111111111111111111111111111111 404428 05/15/1997 10:56A ORDINANCE 3 of 14 R 71.00 D 0.00 N 0.00 PITKIN COUNTY CLERK 1.lili 111111 lili 11111111 lili lilli Ill .1 lili 403.24 04/08/1997 04:02P ORDINANCE 4 of 4 R 21.00 D 0.00 N 0.00 PITKIN COUNTY CLERK John Bennett, Mayor del H. /1 4 . ATTESTA - . (S EA. L- 1 .0 Ka<J - -O 3-4-@Â·L .., CB*]Ar,g~*och, City Clerk 1111111111111111111111111111111111111111111111111111111 404428 05/15/1997 10:56A ORDINANCE 4 of 14 R 71.00 0 0.00 N 0.00 PITKIN COUNTY CLERK EXH[B IT A ACCESSORY USE or ACCESSORY STRUCTURE means a use or strucnire that is naturally and normally incidental to. subordinate to, and devoted primarily to the principal use or strucmre of the premises; does not change the basic character of the premises, as determined by irs principal use or structure; is subordinate in area, exrent and purpose to the principal use or strucmre served; contributes to the comfort, convenience or necessity of the occupants of the principal use or structure served; and is located on tile same lot or Contiguous lots under the same ownership as the principal use or strucmre. In no event shall an accessory use be construed to authorize a use not otherwise permitted in the ZOne district in which the principal use is located, and in no event shall an accessory use or structure be established prior to the principal use or structure to which it is accessory. Accessory buildings or structums shall not be provided with kitchen or bath facilitieS sufficient to render them suitable for permanent residential occupadon. BASEMENT means that portion of a structure fifty percent (50%) or more of which is below namral g rade. BUILDING HEIGHT means the maximum distance ilowed, based on the following criteria= a. On Pitched Roofs: 1) There shall be no mid-Point of a roof which exceeds the prescribed height above existing grade, whichever is lower. The mid-point of the roof shall be defined as that point which is halfway berween tile top of the ridge, and the cave-point. The eave-point is [ha[ point in the roof plane which is directly above the outside of the wall below. In the case of a covered deck or pado. the save-point shall be that point which is directly above the outside face of the strucmre, or three feet (3') in from the edge of the roof, whichever is more. restrictive. 2) There shall be no point of any ridge or other roof peak, which exceeds the prescribed height above the existing or finished grade, whichever is lower, by more than five feet (5'). 3) There shall be no eave-point which exceeds the prescribed height above existing or finished grade, whichever is lower. Exception to this is if the ridge lines which extend to the outside face of a building co form a gabled end will be permitted, to the extent that they conform co (2) above. b. On Flat Roofs: There shall be no point of a flat roof which exceeds the prescribed height above the existing or finished grade, whichever is lower. c. All roofs within a Inulti-roof building shall conform to these standards. 1111111111111111111111111111111111111111111111111111111 404428 05/15/1997 10:56A ORDINANCE 5 of 14 R 71.00 D 0.00 N 0.00 PITKIN COUNTY CLERK d. All measurements shall be made vertically; i.e., thai each point of a roof shall be measured to the point of grade which is directly below it - YertiCal and plumb. Roof points which are not at the exterior of the building will be measured against existing grade only. e. Antennae. chimneys, flues. vents, and similar strucmres shall not exceed the prescribed height limit by more than ten feet (10'). f. Water towers, mechanical equipment, solar equipment, and similar equipment shall not exceed the prescribed height limit by more than three feet (3'). g. In no eveIlt shall ally strucmre, includig ailtennae, chimneys, flues, vents, water towers, mechanical equipment solar equipment, and similar structures exceed thirty-eighr feet (38') above existing or finished grade, whichever is lower. h. For the purpose of measuring building height, any individual building component thai is located within twenty (20) feet (as measured from any point from outside wall CO OUISide wall) of the principal structure shall be considered a part of the principal strucmre. FLOOR AREA means the sum of the gross horizontal surfaces of each floor of a buiiding or structure. In calculaung floor area. the foilowing rules apply: 1 General: In measuring floor area. all dimensions shall be taken from the outside face of framing or other primary wall members or from tile center line of walls separating adjoining units of a building or portion thereof. Veneer facades up co eight inches in thickness shall be excluded from che ciculation of floor area: that portion of a facade which exceeds eigh[ inches shall be included. Fireplaces, elevators, stairs and similar features are included in the floor area on each floBr. b. Roof overhangs and decks: The floor area of a building, or portion therâ‚¬of, not -provided with surrounding exterior walls shall include the area under the horizontal projection of roofs or floors, when the roof or floor exceeds five (5) feet. These archirecmral projections are exempt for five (5) feet of the perimeter of each story of the smicture. Architectural projections may project up to ten (10) feet and still be exempt, so long as the tomi perimeter space for a floor is less than or equal to the total area allowed for the five (5) foot exemption. This exemption cannot be used to transfer space between floors. c. Decks, balconies, stairways and similar features: Structures that exceed thirty (30) inches above natural or finished grade, and that are no[ covered by a roof or architectural projection from a building, are exempt from floor area for up to fifteen percent (15%) of the maximum floor area allowed. Any areas in excess of fifteen percent (15%) shall be counted toward floor area. 111'111 lilli mil lilli 111111"11111'11111 lilli lili lili 404428 05/15/1997 10:56A ORDINANCE 6 of 14 R 71.00 D 0.00 N 0.00 PITKIN COUNTY CLERK 1. d. Spaces below natural grade for principal single family and duplex residences: Spaces below natural grade, up to a maximum of Menty (20) feet in depth and which include I10 more than a single story, are exempt from floor area calculation up to a maximum of 4,000 square feet of floor area. FIoor area below nanlral gr:trie which exceeds the 4,000 square foot exemption provided herein shall count toward the calculation of ailowabie door area. If any part of the below grade space is exposed above natural grade (such as walk-out basements, walls or courts) the entire below grade area shall be included in the floor area calculation; except that window wells and one egress area as required by the Uniform Building Code may be provided without affecting this exemption. The foundation wall or footing may be exposed to the minimum degree required to comply with the Uniform Building Code pertaining to foundation design without affeCting this exemption. Up to ten (10) percent of any pardcular below grade wall surface may extend above natural grade and Still be exemp[ from the calculation of floor area so long as the finished gracie covers the surface cha[ would otherwise be exposed. Garages up co seven hundred fifty (750) square feet may be incorporated into beiow grade space and shall not affect this exemption so long as the only sections of building so exposed are directly related zo the garage strucrure. e. Garages and carports: For the purpose of ciculating floor area ratio and allowable floor area for a lot where the principal use is a single family residence. garage and carport floor area shall be exempted up to a maximum of seven hundred fifty (750) square feet. Ona lot which contains a duplex, garage and carpor[ floor area shall be exempted up to a maximum of five hundred (500) square feet per side. All garage or carport space in excess of che exempted areas shall be included as part of tile residential floor area calculadon. When a single family or duplex dwelling exceeds the allowed floor area. the exempt garage space shall be reduced by - subtracting the excess floor area from the exempt garage space. f. Crawl space: Crawl spaces shall be exempt from the calculation of floor area. even if exposed above natural grade, so long as the height of the crawl space does nor exceed five feet six inches (5'6"). Attic space: That portion of attic space where the distance between the floor and ceiling exceeds five feet six inches (5'6") in height shall counr as floor area. AR-1 Zone DiSCriCt: For the purpose of Calculating floor area ratios for non- h. residential structures in the AR-1 Zone District, subgrade space shall be excluded from the floor area calculations when such sub grade space is adcessorv to and subordinate to the principal use of the building and used for subordinate, secondary purposes. Such exempted subgrade space shall include areas used for mechanical, electrical or heating facilities; utility space; parking garages; required employee housing units meeting Uniform Building Code requirements for subgrade space; kitchens and employee recreation rooms; meeting rooms, auditorium, banquet rooms, convention space, banquet preparation 1111111111111111111111111111111111111111111111111111111 404428 05/15/1997 10:56A ORDINANCE 7 of 14 R 71 00! n A olo~ N m m or Â¥w ru ,â€¢r,nu~v ,â€¢, eaw 1111111 lilli ll'lll lilli 111111111111111111116.- Pl lili , 1 404428 05/15/1997 10:56A ORDINANCE 14 of 14 R 71.00 D 0.00 N 0.00 PITKIN COUNTY CLERI . 1.: 1 1 U,- f / 4/ ' .t :~4 1 1 0 4,1\ . 6/ , 4 9 7 0 4 ////// /4 .. 1 \\ f 2 ---- ~ 12. .... 1 #96/ .Â· f ...câ€¢,77,7,17,"14.01 '..6 9 :'0 '+1 Â·2' '- 0'Â· '' 19Â·'r* 1,4..41.-U.......~11 11..Â¢,1 Â·'t:.W.,A)''d, %. . // i ., 11 1 1* - F.%1:}...J--21. 1. It 1/2./\/Fn A - 23- j r. - / 37 /9 r 0 4 7Â·>. 71 1 t.) 1,1 1 .,1 e 74 2 K<-41 63* ft 714 ,!11 1 h ..i 2 1 /4/ '7 ....---~X n ,_'-il. L.--4 -I.:.i- 1 l r 4 r \: i . - P.1 5, , ..5 & 4<. f .$2 2 4./3 9-- .3 . 1 1*nlit- â€¢ , ... --k--b ..91 . ~' ~1 - 1 #4:* â€¢,1*I -44 ...... : :::.42 ...... 1--1 m I Ill -1 . M 1 *1 . r * 0,-2 ~ 4 .0 On , -U c -u k k k [1: 01 ... 0) : 41 -. n... 4.... , 1 :E:E; .... 2. 4.2 0 Maroon Crack PROPOSED City Zoning YRI-W ~- 6.2,-EatH im : \i-li- 0 L .. FINAL SUBDIVISION PLAT.- 82 PUD FOR MAROON CREEK CLUB v .O 'IVE,4 AABC 14+ 40 SARDY FED ~4%25 1%- ASPEN - . ' 6 Ag A -- . e â€¢4S4WAr Acs w CREEK CLUB a>. -46 1 F tâ€¢ I , ASPEN I '. MOUNIAN e \21 ' 1\\ / 0Â§3 113 3 >\- ils -i C./ I Ill/il 1 1 1 1 1 1 N I. i SCALE: 1 IN. = 1000 FT. 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A 4..'L " ' NORTH UNDERBASS RARCEL (Â© + + /*' ~r **<746)85*Â·%9.Z < N 39'5,'03' E- 52-15 * 439Â·39'o>.w It 75 -<./.%*A f, 55011!57'E 2400 -2 2 856.957'& 2,0.00 -<24 92%4..4, 1 tfâ€ž'03. w 37-11 Â·" - SOUTH UNDERPASS--~~46~ 1* ~ 1 MARCEL @ /4*/j.p< -- 91-16 FINAL PLAT Of a"â€¢ PEARCE Id Ull.I k Ill M-XASON-jinfrau ==62~ ..11 Â¢-1 m...eir.i . et, r. ... 5 r. 11 42'12'102 Z Â·moio 00Â·09. 9 A 17 f N ---0 ... cr ' ~55- 75 64 L 203.Â¥0 f -- tiÂ·gz; 1,6,60.9ON CASE NUMBER PARCEL In # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY ~ ~ A070-01 Maroon Creek Club Insubstantial PUD Amendment Maroon Creek Club James Lindt Insubstantial PUD Amendment Maroon Creek Club Master Association Brooke Peterson 10/22/01 Approved wi Condition 10/23/01 J. Lindt