HomeMy WebLinkAboutLand Use Case.Clubside Dr.A092-01
,
,
r:
J
CASE NUMBER
PARCEL ID #
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
~
-,.;./-'
A092-01
Clubside Drive PUD Amendment for Security Gates
Clubside Drive
James Lindt
PUD Amendment
Clubside Drive Homeowners Association
Maroon Creek Construction
11/6/01
Reso. #40-2001
Denied
12/3/01
J. Lindt
r f"\.
~.. }
Iii
,'-'"
r.....;l
(..
~V\.dr
0)
1
TO:
TO:
FROM:
RE:
DATE:
(""';
()
MEMORANDUM
Plan~were routed to those departments checked-off below:
@ ........... City Engineer
o ........... Zoning Officer
o ........... Housing
~r""'" Parks Department
IV'/......... Aspen Fire Marshal
&I;::......... City Water
~/'''''''' Aspen Consolidated, Sanitation District
V ........... Building Department
?/"........ Environmental Health
fS1 ........... Electric Department
o ........... Holy Cross Electric
?7......... City Attorney
'0........... Streets Department
0........... Historic Preservation Officer
-i........... ~h CWn:W~a;~g.. ~aJ
DRC Representatives
James Lindt, Planning Technician
Community Development Department
130 S. Galena St.; Aspen, CO 81611
Phone-nO.5104 Fax-nO.5439
Clubside Drive Security Gate PUD Ainendment
September 25,2001
Jt:) /1S/D!
~1.N'1!#"
Please find attached an application for aPUD Amendment to the
Maroon Creek Club PUD requesting for a security gate to be
constructed at the entrance of Clubside Drive. The DRC on this
PUD Amendment will be held on Wednesday, October 17, 2001.
The public hearing on the Maroon Creek Club PUD Amendment in
front of the Planning and Zoning Commission is scheduled to be
held on November 6th.
COMMENTS:
A
f""\
.. -'
CLUBSIDE AT MAROON CREEK PUD AMENDMENT APPLICATION:
TABLE OF CONTENTS:
1. Cover Letter from Maroon Creek Construction Company.
2. Letter from Clubs ide Homeowners Association.
3. Letter from Maroon Creek Club Master Association.
4. Letter from Clubside Association CPA Showing Owners Authorization.
a. List of Clubside Homeowners & Property Profile.
5. Vicinity Map.
6. Clubside Site Map (Located in Folder Back Pocket).
7. Privacy Gate Plans and Rendering.
8. Written Response to ReviewCriteria and Existing Conditions.
9. FirelLaw Enforcement Authorization Form.
~....----~:"
(')
, ,
'--"
,
RESOLUTION NO. 40
(SERIES OF 2001)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION DENYING AN AMENDMENT TO THE MAROON CREEK CLUB
PLANNED UNIT DEVELOPMENT TO ALLOW FOR A SECURITY GATE TO BE
CONSTRUCTED AT THE ENTRANCE OF CLUBSIDE DRIVE IN THE MAROON
CREEK CLUB PLANNED UNIT DEVELOPMENT, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
WHEREAS, the Community Development Department received an application from
the Clubside Drive Homeowner's Association, represented by Maroon Creek Construction
Company, for an amendment to the Maroon Creek Club Planned Unit Development (PUD) to
allow for a security gate to be constructed at the entrance to Clubside Drive in the Maroon
Creek Club Planned Unit Development; and,
WHEREAS, pursuant to Sections 26.445, the Planning and Zoning Commission may
approve an amendment to an approved Planned Unit Development, during a duly noticed
public hearing, comments from the general public, a recommendation from the Community
Development Staff, and recommendations from relevant referral agencies;
WHEREAS, the Community Development Department reviewed the request for an
amendment to the Maroon Creek Club PUD to allow for a security gate to be constructed at
the entrance to Clubside Drive and recommended denial; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered
the development proposal under the applicable provisions of the Munidpal Code as identified
herein, has reviewed and considered the recommendation of the Community Development
Department, the applicable referral agencies, and has taken and considered public comment at a
public hearing; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that the development
proposal does not meet or exceed all applicable development standards and that an approval of
the development proposal is inconsistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution
does not further and is not necessary for the promotion of public health, safety, and welfare.
WHEREAS, during a duly noticed public hearing on November 6, 2001, the
Planning and Zoning Commission denied, by a 7 to 0 (7 - 0) vote, an amendment to the
Maroon Creek Club Planned Unit Development (PUD) for the purpose of allowing a security
gate to be constructed at the entrance to Clubside Drive in the Maroon Creek Club Planned
Unit Development; and,
r"{
()
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPJ8.:N PLANNING AND
ZONING COMMISSION as follows:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
amendment to the Maroon Creek Club Planned Unit Development (PUD) for the purpose of
allowing a security gate to be constructed at the entrance to Clubside Drive within the PUD,
is denied.
Section 2:
This Resolution shall not effect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the ordinances repealed or amended
as herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any
reason held invalid or unconstitutional. in a court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
Approved by the Commission at its regular meeting on November 6, 2001.
APPROVED AS TO FORM:
PLANNING AND ZON][NG COMMISSION:
City Attorney
Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
2
/
()
MEMORANDUM
JJr:s.
TO: Aspen Planning and Zoning Commission
THRU: Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Director~
FROM: James Lindt, Planning Technician :rl-
RE: Maroon Creek Club PUD Amendment - Public Hearing
[)t-W t-d
1'...0
DATE: November 6, 2001
ApPLICANT IOWNER:
Clubside Drive Homeowner's Association
REPRESENTATIVE:
Bill Itzla, Maroon Creek Construction
LOCATION:
Entrance to Clubside Drive in the Maroon Creek Club PUD
CURRENT ZONING:
R/MF A PUD
PROPOSED LAND USE REQUEST:
Amendment to the Planned Unit Development
SUMMARY:
The applicant wishes to obtain an amendment to the Maroon Creek Club Planned Unit
Development (PUD) for the purpose of constructing a privacylsecurity gate at the
entrance to Clubside Drive. Clubside Drive is a private road that serves eight (8) town
homes that abut the Maroon Creek Club Golf Course in the Maroon Cre(~k Club Planned
Unit Development.
REVIEW PROCEDURE
An amendment found to be consistent with or an enhancement of the approved final
development plan by the Community Development Director, but which does not meet the
established thresholds for an insubstantial amendment, may be approved, approved with
conditions, or denied by the Planning and Zoning Commission, at a public hearing pursuant
to Section 26.445.030(C) Step 3. The action by the Planning and Zoning Commission shall
be considered the final action, unless the decision is appealed to City Council.
STAFF COMMENTS:
The applicant, Clubside Drive Homeowner's Association, represented by Maroon Creek
Construction, requests an amendment to the Maroon Creek Club Planned Unit
Development (PUD) for the purpose of constructing a security/privacy gate at the entrance
to Clubside Drive. The proposed gate would be approximately seven (7) feet tall and span
,-,
n
",m-,.."/"
across the entire road entrance to the eight (8) town homes. The proposed entry gate would
be operated by a telephone entry keypad with a code and a Knox Box for emergency
vehicles to gain access.
The PUD criteria specifically discourages security gates and is set up to minimize them
within major Planned Unit Developments such as the Maroon Creek Club PUD. PUD
Review Standard 26.445.050(1)(6) specifically calls out that security gates, guard posts, or
other entryway expressions for a PUD, or for lots within a PUD, be minimized to the extent
practical. Given that the proposed security gate directly contradicts the aforementioned
review standard, the proposed application cannot be supported by staff. Staff strongly
believes that this standard is intended to prevent entire neighborhoods from segregating
themselves from the rest of the Community by constructing security gates. Staff feels that
a security gate in this instance would unintentionally segregate these townhomes from the
rest of the community.
Staff is also concerned with possible traffic congestion and safety issues that could arise as
a result of the proposed security gate. Cars that turn in and are unable to pass through the
gate will then have to turn around or back out and may cause a traffic problem and safety
risk to other drivers trying to enter Clubside Drive. The proposed security gate would
likely also increase parking on Stage Road because of the inability of cars to access
Clubside Drive for deliveries and other matters.
The applicant is proposing the gate to keep out people looking for the Maroon Creek
Clubhouse. Staff feels that the applicant's objective can be met in other ways without this
physical impediment and creating a gated, exclusive community of eight town homes.
Staff believes that there are better viable alternatives such as possibly asking the Maroon
Creek Club to increase the identification signage on Stage Road.
Staff cannot support the application because of the direct conflict with the intent of PUD
Review Standard 26.445.050(1)(6), however, the design of the gate appears to be sound
from a technical use standpoint. Emergency service agencies were consulted about the
design of the gate. The Fire Department and Ambulance Services had no major issues with
design of the proposed gate because a key box would allow for them to enter at all times.
Security gates are common throughout Pitkin County and the Emergency Service Agencies
have adapted a gate design that is acceptable in their minds. The proposed gate meets their
design requirements that ensure the availability of emergency access.
City Utility Department Director Phil Overeynder has expressed concerns over the
proposed gate because accessing Clubside Drive for the purpose of maintenance as well as
meter reading and billing will become more difficult if the gate is approved. Overeyender
is requiring that if the gate is approved, that the applicant submit a suitable access plan
(please see referral comments included as Exhibit "F"). Sanitation District Director, Tom
Bracewell had similar comments. Private utility companies have had similar access
concerns, but have no issues with the proposed gate if they are provided with a means of
unlimited access to Clubside Drive.
Staff is recommending denial on the proposed application due to it's conflict with the
ideology of the PUD Review Standards. However, staff feels that if the proposed PUD
2
1""'\
n
Amendment is approved by the Planning and Zoning Commission, then it is important that
the following conditions be considered and required as part of the approval:
1. Prior to construction, a plat approving the design of the gate shall be
recorded with signatures from the City of Aspen Fire Department, City of
Aspen Police Department, City of Aspen Ambulance Services, City of
Aspen Water and Sanitation District, and all utility agencies affected by
the proposed gate.
2. The applicant shall construct the proposed gate in such a manner that the
Aspen Fire Department, City of Aspen Police Department, City of Aspen
Ambulance Services, City of Aspen Water and Sanitation District, and all
utility agencies affected by the proposed gate shall have unlimited,
emergency access to Clubside Drive.
3. All exterior lighting associated with the Gate shall meet the City of Aspen
Lighting Code pursuant to Section 26.575.150 of the land use code.
Staff recommends denial of the proposed amendment to the Maroon Creek Club Planned
Unit Development (PUD) for the purpose of allowing for a security gate to be
constructed at the entrance of Clubside Drive.
RECOMMENDATION:
Staff recommends that the Planning and Zoning Commission deny the proposed
amendment to the Maroon Creek Club Planned Unit Development (PUD) for the purpose
of allowing a security gate to be constructed at the entrance of Clubside Drive.
RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to approve Resolution No. sa Series of 2001, approving the proposed
amendment to the Maroon Creek Club Planned Unit Development (PUD) for the purpose
of allowing for a security gate to be constructed at the entrance of Clubside Drive."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B -- Proposed Gate Location
Exhibit C -- Development Application
Exhibit D -- Letter from Maroon Creek Club Master Association Authorizing PUD
Amendment Application
Exhibit E -- Letter from the Clubside Drive Homeowner's Association Authorizing PUD
Amendment Application
Exhibit F n Referral Agency Comments
3
1"'"'1
n
EXHIBIT A
MAROON CREEK CLUB PUD AMENDMENT
REVIEW CRITERIA & STAFF FINDINGS
A. General requirements.
1. The proposed development shall be consistent with the Aspen Area
Community Plan.
2. The proposed development shall be consistent with the character of
existing land uses in the surrounding area.
3. The proposed development shall not adversely affect the future
development of the surrounding area.
4. The proposed development has either been granted GMQS allotments, is
exemptfrom GMQS, or GMQS allotments are available to
accommodate the proposed development and will be considered prior to,
or in combination with,jinal PUD development plan r,eview.
Staff Finding
Staff finds that the proposed PUD Amendment is not consistent with the AACP. The
proposed amendment does not create a friendly streetscape and hinders bike and
pedestrian traffic in this area. The Aspen Area Community Plan encourages the
community to "avoid housing developments that inadvertently create segregation". Staff
feels that the proposed security gate causes the entire neighborhood to be segregated
from the rest of the community which conflicts with the aforementioned AACP housing
policy. Staff finds the criterion not to be met.
B. Establishment of Dimensional Requirements:
The final PUD development plans shall establish the dimensional requirements for all
properties within the PUD as described in General Provisions, Section 26.445.040,
above. The dimensional requirements of the underlying zone district shall be used as a
guide in determining the appropriate dimensions for the PUD. During review of the
proposed dimensional requirements, compatibility with surrounding land uses and
existing development patterns shall be emphasized. The proposed dimensional
requirements shall comply with the following:
1. The proposed dimensional requirements for the subject property are
appropriate and compatible with thefollowing influences on the
property:
a) The character of, and compatibility with, existing and expectedfuture
land uses in the surrounding area.
b) Natural or man-made hazards.
4
r-..
n
c) Existing natural characteristics of the property and surrounding area
such as steep slopes, waterways, shade, and signijicant vegetation and
landforms.
d) Existing and proposed man-made characteristics of the property and the
surrounding area such as noise, traffic, transit, pedestrian circulation,
parking, and historical resources.
Staff Finding
Staff finds that the proposed amendment hinders traffic and pedestrian circulation by
constructing a barrier at the entrance of Clubside Drive. The proposed security gate
likely will also increase parking on stage road and create a hazard for other vehicles.
Staff finds this criterion not to be met.
2. The proposed dimensional requirements permit a scale, massing, and
quantity of open space and site coverage appropriate and favorable to
the character of the proposed PUD and of the surrounding area.
StaffFinding
Staff finds that this criterion does not apply to this application.
3. The appropriate number of off-street parking spaces shall be established
based on the following considerations:
a) The probable number of cars used by those using the proposed
development including any non-residential land uses.
b) The varying time periods of use, whenever joint use of common parking
is proposed.
c) The availability of public transit and other transportation facilities,
including those for pedestrian access and/or the commitment to utilize
automobile disincentive techniques in the proposed development.
d) The proximity of the proposed development to the commercial core and
general activity centers in the city.
Staff Finding
Staff finds that the proposed security gate is likely to increase the parkiing of vehicles on
Stage Road because of their inability to access onto Clubside Drive. Staff feels that this
could be a safety risk to other automobiles and bicyclists on Stage Road. Staff finds this
criterion not to be met.
4. The maximum allowable density within a PUD may be reduced if there
exists insufficient infrastructure capabilities. Specijicldly, the
maximum density of a PUD may be reduced if:
5
r-,
n
~ ,...'
a) There is not sufficient water pressure, drainage capabilities, or other
utilities to service the proposed development.
b) There are not adequate roads to ensure fire protection, snow removal,
and road maintenance to the proposed development.
Staff Finding
Clubside Drive is a privately maintained road. Staff finds that this criterion does not
apply to this application.
5. The maximum allowable density within a PUD may be reduced if there
exists natural hazards or critical natural site features. Specifically, the
maximum density of a PUD may be reduced if:
a) The land is not suitable for the proposed development because of ground
instability or the possibility of mudflow, rock falls or avalanche dangers.
b) The effects of the proposed development are detrimental to the natural
watershed, due to runoff, drainage, soil erosion, and consequent water
pollution.
c) The proposed development will have a pernicious effect on air quality in
the surrounding area and the City.
d) The design and location of any proposed structure" road, driveway, or
trail in the proposed development is not compatible with the terrain or
causes harmful disturbance to critical naturalfeatures of the site.
Staff Finding
Staff finds that this criterion does not apply to this application.
6. The maximum allowable density within a PUD may be increased if
there exists a significant community goal to be achieved through such
increase and the development pattern is compatible with its surrounding
development patterns and with the site's physical constraints.
Specifically, the maximum density of a PUD may be increased if:
a) The increase in density serves one or more goals of the community as
expressed in the Aspen Area Community Plan (AACP) or a specific area
plan to which the property is subject.
b) The site's physical capabilities can accommodate additional density and
there exists no negative physical characteristics of the site, as identified
in subparagraphs 4 and 5, above, those areas can be avoided, or those
characteristics mitigated.
c) The increase in maximum density results in a development pattern
compatible with, and complimentary to, the surrounding existing and
expected development pattern, land uses, and characteristics.
6
,-", n
'." ...
Staff Finding
There is no increase in density as part of this application. Staff finds that this criterion
does not apply to this application.
C. Site Design.
The purpose of this standard is to ensure the PUD enhances public spaces, is
complimentary to the site's natural and man-made features and the adjacent public
spaces, and ensures the public's health and safety. The proposed development shall
comply with thefollowing:
1. Existing natural or mancmade features of the site which are unique,
provide visual interest or a specific reference to the past, or contribute to
the identity of the town are preserved or enhanced in an appropriate
manner.
2. Structures have been clustered to appropriately preserv'e significant
open spaces and vistas.
3. Structures are appropriately oriented to public streets, contribute to the
urban or rural context where appropriate, and provide visual interest
and engagement of vehicular and pedestrian movement.
4. Buildings and access ways are appropriately arranged to allow
emergency and service vehicle access.
5. Adequate pedestrian and handicapped access is provided.
6. Site drainage is accommodatedfor the proposed development in a
practical and reasonable manner and shall not negatively impact
surrounding properties.
7. For non-residential land uses, spaces between buildings are
appropriately designed to accommodate any programmatic functions
associated with the use.
Staff Finding
Staff finds that the proposed amendment will slow down the response of emergency
vehicles and will put undue responsibility on these agencies to be able to access through
the gate in an emergency response situation. However, it appears that the emergency
service agencies do not have an objection to the gate design. Staff also feels that the
proposed amendment will make for an unfriendly pedestrian landscape. Access to the
site will be hindered by the proposed security gate. Staff finds this criterion not be met.
7
f""',.
n
f
D. Landscape Plan.
The purpose of this standard is to ensure compatibility of the proposed landscape
with the visual character of the city, with surrounding parcels, and with existing and
proposedfeatures of the subject property. The proposed development shall comply
with the following:
1. The landscape plan exhibits a well-designated treatment of exterior
spaces, preserves existing significant vegetation, and provides an ample
quantity and variety of ornamental plant species suitable for the Aspen
area climate.
2. Significant existing natural and man-made site features, which provide
uniqueness and interest in the landscape, are preserved or enhanced in
an appropriate manner.
3. The proposed method of protecting existing vegetation and other
landscape features is appropriate.
Staff Finding
Staff finds that this criterion does not apply to this application.
E. Architectural Character.
It is the purpose of this standard is to encourage architectural interest, variety,
character, and visual identity in the proposed development and within the City while
promoting efficient use of resources. Architectural character is based upon the
suitability of a building for its purposes, legibility of the building's use, the building's
proposed massing, proportion, scale, orientation to public spaces and other buildings,
use of materials, and other attributes, which may significantly represent the
character of the proposed development. There shall be approved as part of the final
development plan an architectural character plan, which adequately depicts the
character of the proposed development. The proposed architecture of the
developmentshal~
1. Be compatible with or enhance the visual character of the city,
appropriately relate to existing and proposed architecture of the
property, represent a character suitable for, and indicative of, the
intended use, and respect the scale and massing of nearby historical and
cultural resources.
2. Incorporate, to the extent practical, natural heating and cooling by
taking advantage of the property's solar access, shade, and vegetation
and by use of non- or less-intensive mechanical systems.
3. Accommodate the storage and shedding of snow, ice, and water in a safe
and appropriate manner that does not require significant maintenance.
8
~
()
StaffFinding
Staff finds that the proposed amendment does not change the architectural character of
the development. However, staff does feel that the applicant is altering the overall
character of the development by trying to create an exclusive, gated community and
cutting off the access of the general public to Clubside Drive. Staff finds this criterion
not to be met.
F. Lighting.
The purpose of this standard is to ensure the exterior of the development will be
lighted in an appropriate manner considering both public safety and general
aesthetic concerns. The following standards shall be accomplished:
1. All lighting is proposed so as to prevent direct glare or hazardous
inteiference of any kind to adjoining streets or lands. Lighting of site
features, structures, and access ways is proposed in an appropriate
manner.
2. All exterior lighting shall be in compliance with the Outdoor Lighting
Standards unless otherwise approved and noted in the final PUD
documents. Up lighting of site features, buildings, landscape elements,
and lighting to call inordinate attention to the property is prohibited for
residential development.
Staff Finding
The applicant must meet the outdoor lighting requirements set forth in the City of Aspen
Lighting Ordinance if the proposed amendment is approved. Staff finds that this criterion is
only applicable to this application if it is approved.
G. Common Park, Open Space, or Recreation Area.
If the proposed development includes a common park, open space, or recreation area
for the mutual benefit of all development in the proposed PUD, the following criteria
shall be met:
3. The proposed amount, location, and design of the common park, open
space, or recreation area enhances the character of the proposed
development, considering existing and proposed structures and natural
landscape features of the property, provides visual relief to the
property's builtform, and is available to the mutual benefit of the
various land uses and property users of the PUD.
4. A proportionate, undivided interest in all common park and recreation
areas is deeded in perpetuity (notfor a number of years) to each lot or
dwelling unit owner within the PUD or ownership is proposed in a
similar manner.
5. There is proposed an adequate assurance through a legal instrumentfor
the permanent care and maintenance of open spaces, recreation areas,
9
,,,-..,
r'l
and sharedfacilities together with a deed restriction againstfuture
residential, commercial, or industrial development.
Staff Finding
Staff finds that this criterion does not apply to this application because the common
space is for the benefit of the Clubside Drive Homeowners.
H. Utilities and Public facilities.
The purpose of this standard is to ensure the development does not impose an undue
burden on the City's infrastructure capabilities and that the public does not incur an
unjustified financial burden. The proposed utilities and public facilities associated
with the development shall comply with the following:
1. Adequate public infrastructure facilities exist to accommodate the
development.
2. Adverse impacts on public infrastructure by the development will be
mitigated by the necessary improvements at the sole cost of the
developer.
3. Oversized utilities, public facilities, or site improvements are provided
appropriately and where the developer is reimbursed proportionately for
the additional improvement.
Staff Finding
Staff finds that this criterion does not apply to this application.
1. Access and Circulation. (Only standards 1&2 apply to Minor PUD applications)
The purpose of this standard is to ensure the development is easily accessible,
does not unduly burden the surrounding road network, provides adequate
pedestrian and recreational trail facilities and minimizes the use of security
gates. The proposed access and circulation of the development shall meet the
following criteria:
1. Each lot, structure, or other land use within the PUD has adequate
access to a public street either directly or through an approved private
road, a pedestrian way, or other area dedicated to public or private use.
2. The proposed development, vehicular access points, and parking
arrangement do not create traffic congestion on the rot/ds surrounding
the proposed development, or such surrounding roads are proposed to
be improved to accommodate the development.
3. Areas of historic pedestrian or recreational trail use, improvements of,
or connections to, the bicycle and pedestrian trail system, and adequate
access to significant public lands ant! the rivers are provided through
dedicated public trail easements and are proposed for appropriate
improvements and maintenance.
10
~,
,.....,
()
4. The recommendations of the Aspen Area Community Plan and adopted
specific plans regarding recreational trails, pedestrian and bicycle
paths, and transportation are proposed to be implemented in an
appropriate manner.
5. Streets in the PUD which are proposed or recommended to be retained
under private ownership provide appropriate dedication to public use to
ensure appropriate public and emergency access.
6. Security gates, guard posts, or other entryway expressions for the PUD,
or for lots within the PUD, are minimized to the extent practical.
Staff Finding
Staff finds that the proposed amendment would have a negative affect on vehicle
circulation due to the inability of non-property owners to access through the proposed
security gate. Staff feels that the proposed security gate would slow emergency service
response and would create safety issues for bicycles and pedestrians because of
increased parking that it would generate on Stage Road. Staff also feels that alternatives
can be sought to limit the amount of traffic on Clubside Drive without Gonstructing a
security gate. Security gates are to be minimized to the extent possible. Staff finds this
criterion not to be met.
J. Phasing of Development Plan. (does not apply to Conceptual PUD applications)
The purpose of this criteria is to ensure partially completed projects do not create
an unnecessary burden on the public or surrounding property owners and
impacts of an individual phase are mitigated adequately. If phasing of the
development plan is proposed, each phase shall be defined in the adopted final
PUD development plan. The phasing plan shall comply with the following:
1. All phases, including the initial phase, shall be designed to function as a
complete development and shall not be reliant on subsequent phases.
2. The phasing plan describes physical areas insulating, to the extent
practical, occupants of initial phases from the construction of later
phases.
3. The proposed phasing plan ensures the necessary or proportionate
improvements to public facilities, payment of impact fees and fees-in-
lieu, construction of any facilities to be used jointly by residents of the
PUD, construction of any required affordable housing, and any
mitigation measures are realized concurrent or prior to the respective
impacts associated with the phase.
Staff Finding
Staff finds that this criterion does not apply to this application.
11
/"""'"
n
CLUBSIDE AT MAROON CREEK PUD AMENDMENT APPLICATION:
TABLE OF CONTENTS:
1. Cover Letter from Maroon Creek Construction Company.
2. Letter from Clubside Homeowners Association.
3. Letter from Maroon Creek Club Master Association.
4. Letter from Clubside Association CPA Showin~: Owners Anthorization.
a. List of Clubside Homeowners & Property Profile.
5. Vicinity Map.
6. Clnbside Site Map (Located in Folder Back Pocket).
""""'
j,
7. Privacy Gate Plans and Rendering.
8. Written Response to Review Criteria and Existing Conditions.
9. FirelLaw Enforcement Authorization Form.
'"
'\ -I
.1;"
-
, ,
I"'")
( (ifsu
605 EAST MAIN STREET
ASPEN, COLORADO 81611
TELEPHONE 9701925.4755
FACS/MILE 9701920.2950
January 17, 1997
Sara Thomas
City Zoning Officer
Community Development Department
130 S. Galena Street
Aspen, CO 91611
Re: Lot 50, Maroon Creek
Dear Sara:
Thank you for taking the time to meet with me, Based on our meeting today and the follow-
up to our last month's meeting, the following issues have been resolved:
1. Building footprints will be allowed to move within the building envelopments as
defined on the Detailed Submission.
2. Based on our conceptual design, units will be attached by a common wall of about
eight feet in length.
3. Grading and landscape walls up to 30" will be allowed within building setbacks.
4. The final grading plan will be used as a base for all height measurements (ie.
existing grade will be classified as the same as our final grades).
5. Entry gates and walls will be allowed within the setbacks if less than six feet in
height.
. 6. The garage and basement levels, being totally below grade, (except for the garage
door), will be exempt from FAR. calculations.
If this is your understanding of what transpired during our meeting, please sign this letter
and return it in the envelope provided.
Thank you for your prompt attention to this matter.
Sincerel
~
if
~
Maroon Creek Construction Company
To:
James Lindt
City of Aspen - P&Z
September 12, 2001
From:
Bill Itzla
MCCC
Subject: .
Request for PUD Amendment - Clubside Privacy Gate.
Maroon Creek Construction Company has been hired by the Clubside Homeowners
Association to erect a Privacy Gate at the entrance to Clubs ide. The following documents
should fulfill the requirements for the PUD Amendment Application. If you require any
additional information, please contact me.
Thank you for your assistance in this matter.
Thank you,
,....,..,
.f"""",
v . 870-820-8403
300 Puppy mith Street. Suite 205-254
As en, Colorado. 81611
Fax. 870-820-3740
Nov 30 01 01:0Sp
~,:Bvid N. Rosner
It, ,;\
1",70 -:544 - 0707
, i
p.l
r--.,
Bonnie 1. Rosner
Attorney at Law
August 30, 2001
2599 N. W. 63rd Lane
Boca Raton, FL 33496
Tel. 561-241-3500
Fax 561-241-00n
City of Aspen Building Department
Aspen, Colorado
Re: Maroon Creek Club Lot 50
Gentlemen:
Relative above captioned property, be advised that I am the Chairman of the Clubside
Homeowner's Privacy Gate Committee and this submission is made to you on behalf of
the Clubside Homeowner's Association.
r'"\
There are a total of eight homes in the Clubside development which is located directly
adjacent to the Maroon Creek Country Club entrance. Ail of the Clubside property
owners are having a very serious problem with people ringing our doorbeIls at all hours
of the day and night looking for the Maroon Creek Country Club or the music school.
These are not isolated incidents but multiple daily occurrences. It not only causes a
tremendous nuisance to all concerned but is also a safety risk as there are several very
young children residing in the Clubside development and they are all about in the smaIl
street area adjacent to their homes. Cars are constantly entering the dl~velopment, some
at rather high rates of speed, with the drivers under the impression that they are entering
the country club premises. We are all concerned for the safety ofoUl" ,children and
urgently request your assistance to alleviate this serious hazard.
All of the property involved ill this request is privately owned by the Clubside
Homeowners Association and the roads are maintained and plowed by the Associaton.
.f"""",
v~~~u~,,[w
B;g2e(.R~
,
j
(
i
I. .
,1ftnt flY: Wi 111 flffi Ilj~ft~ + A~fir~tftfi;
ff'....t
fl70 fl?O tlflftfj:
1"-~1fj-01
'.J
:;;
r-~II" I
il:??PM:
Pfl{Jft 1{fi
~~ll "l iii' I' II, I W'l 611 Ii 1 ~
1""":
16 August 2001
Clubside Townhomes at Maroon Creek Club
clo Mr. Jordan Ginsburg
fax to 544-5189
re: Maroon Creek Club Lot 50
Site and Architecture Review Committee Approvals
--
Jordan:
This will confirm that the Site and Architecture Review Committee [SARC] of the Maroon Creek Club
Master Association, by a vote of the Committee members present at the August 15, 2001 meeting,
granted the following approval:
Final [construction document] ArChitectural Approva! for an entry gate and security
controls as provided by the Maroon Creek Club Design Guidelines based on the
attached plans received 7/212001.
Approval to proceed with construction was Included in the aplproval granted.
I"""
Approval by the Site and Architecture Committee of the Maroon Creek Club Master Association does not
constitute an assurance that the design of the project or the application complies with all applicable
provisions of the County approvals for the Maroon Creek Club or that a building permit will be issued.
It is the owner's responsibility to obtain building and other permits as may be required by the City of
Aspen.
Please let me know if you have any questions regarding the Committee's action, or if we can be of any
further assistance.
kJ~
William Lukes AlA
Architectural Advisor,
Maroon Creek Club Master Association
copies:
Gary Albert, President, MCC Master Association
Brian Martin, SARC
P',HT OI'I'If.1: Box ~Ji!9
'\Sf''''l C\JI () I~A>>{)
8 1(, 1 :~
,.....,..
97('"~;2(j.(;9Z\) I'AX ';2.0.';9~{1
f1
11
\:. .:i/
Certified Public Accountant
,...,
Carl B. Linnecke, CPA, P.c.
2I5 South Monarch Streer. Aspen, Colorado 8I6n . TEL 970/925-I040 . FAX 970/925-4468
September 17, 2001
City of Aspen
130 S. Galena Street
Aspen, CO 81611
Re: Clubside at Maroon Creek Owners Association
Dear Sir or Madam:
All of the members of the Clubside at Maroon Creek Owners Association have been assessed for
the completion ofa privacy gate at the entrance to their property. This was approved and agreed
upon by all of the members. Following are the members of the association:
n
Stuart Bemstei)1 & Mel Estrin
Rudi & Karyn Scheidt
Dan & Maureen Holman
Ron & Vicki Simms
Mick & Marie Seidl
Richard & Carolyn McRae
David & Bonnie Rosner
Jordan & Betty Ginsburg
If you have any questions or need additional information please feel free to call me.
Vcry?ih~
Carl B. Linnecke, CPA
,."...."
f"""1
r\
;I
/"",
R016696
2001
273502310001
31.320000
Estimated Tax: 10,831.40
* This Mill Levy is from the most recent tax roll
Account:
Tax Year:
Parcel:
Mill Levy:
l::::~:::-::::::::::::~>>'::::::W:::~*>>=-'''';::::::::~';''::*::::~*~*"'>>:-:,,'''''::::::m:::@:::<-m::::..'-::'~::::::~:::::''''",::,''~pw-'':r~
"W'~""""("~:::'B~::::"""w;':';:;:""'::w":::''''!@&::::b.b7'ii:~~l&.B1:::::::-.::*:::t'::ffi,~q;:;,::::<~W.:;::::~:;::::,
r;)i~{.~I.;'IE_l_.t~!4mi~I~TIiil
SCHEIDT RUDI E JR
6230 RIVERGROVE COVE
MEMPHIS, TN 38104
~:;.:t"1~..m::I~;>.~~::::~~~~~~~:;:;r::%:_m~mr>>]f::3mRmwk::inMltW
\~..~':':'~ :.:.~: :~~l1f.mDt~I:' :~.v:::. ~Wf~&il.~: 4hi~~hil
li~~b0~1@tY..<::~lMr&:~mtt*,j.%~~,;j.4@~llk{f?.4it -..._W4
IAS"" '" "
/""
Assessment Information
Account Type:
Version:
Area ID:
APR District:
Status:
A
20011232999
001
11.1I.11.1~{IIIt.JIIf~IILlilltllllllll.'l
!SUB:CLUBSIDE AT MAROON CREEEK LOT:1
Il_.IIG
li__
~W~~. '>>... >>>~ ,'. . ~. ."
r---
.. .:..x" .
3,779,600
m
750,000
2,645,000
3,395,000
PITKIN COUNTY
f!"',
1 0,530
345,830
,345,830
73,050
257,620
5,028
o
330,670
,330,670
,".-:r. :$$.'K;,:'.w~m~*m:..~ml~.%-~~~:m",'::;' .
,i"ilKW, ,.!fb~~
1""'\
n
r',
Account:
Tax Year:
Parcel:
Mill Levy:
R016697
2001
273502310002
31.320000
Estimated Tax: 12,598.16
* This Mill Levy is from the most recent tax roll
Ilil~.1.111_1"11
HOLMAN DANIEL V & MAUREEN F
1500 N LAKESHORE DR #18C
CHICAGO, IL 60610
IAS".. '"''
j-'
Assessment Information
900,000
3,496,100
4,396,100
600,000
2,645,000
3,245,000
PITKIN COUNTY
I"""',
Account Type:
Version:
Area ID:
APR District:
Status:
A
1000
20011232999
001
'.........,,:,....'..;..........:::;._............:........VM'''''....W=''"'.v.>>::::::::::....''''..m::::::''::::...:::m:::::.-::..~::::..:i::::""-,.,.,.,:::>>..>>....~:<<<;::................
::::::::.~:;::{om~~~:;:::.....::::::m~::<~:g::::~fu;:;:::::;:-;,~~:::::~W.:::;..:::.1.;.":-..~..i@:1~:m:::..,..:lli*84:i:$;l:~B:::::::-;:::-:;:;w~~::::1-WP::;:~
. .... .lifiiQm~f~}%l~>>.*:*~[ID_AAf.*::;m::::i~~~~~i~~*~~~J
fu~\@;{dinih@\ijfBrd~1.~_~,..:Jt'Wf:iTh~.l1Jtr{jdh'1H&.fu'Wh*%.m
SUB:CLUBSIDE AT MAROON CREEEK LOT:2
82,350
319,890
10,532
402,240
,402,240
58,440
257,620
5,030
o
316,060
,316,060
r-\
I}
,.....,
Account:
Tax Year:
Parcel:
Mill Levy:
Account Type:
Version:
Area ID:
APR District:
Status:
1000
20011232999
001
A
1.'....1.'\111 11(.~::j,~:~.t.lllillI11Ibt."il~"I.1
SIMMS RONALD A & VICTORIA M SUB:CLUBSIDE AT MAROON CREEEK LOT:3
TRUSTEES
1801 CENTURY PARK E STE 1930
G05 f't-ni ItS l e,i4 1 uc if 1
:;~:;:;:;::::..~;:::~~':;.'.::m::::~::::~::;:fu"%'m;m:::":=:::::*::;.~:::::::::x::::::;.:;::m::::"0.~~%:;:'i:::::m:$m;:m:~;
:DiBi=.' ""\\.Thil'wa'A'B@M1#!L'94"1Vl%JiF',""t"ffi
itmY~"',' " . '~kl"~tt.vir. "ffl~~%~wd~#wtRMM~
i~:$':::i;1:.::.~x::$~~t ':-}::m::l:::&::>>'>>.'%:%:'$.-1.;.~~~>>..t~m::;::~~;~~::..~*::::::*:::::*>>;d
lA'''''' '"''
(',
Assessment Information
3,752,500
343,350
,343,350
750,000
2,595,400
73,050
252,790
5,04!~
o
3,345,400
325,840
,325,840
PITKIN COUNTY
f"""'.,
r;
1""'\
Account:
Tax Year:
Parcel:
Mill Levy:
Account Type:
Version:
Area 10:
APR District:
Status:
1000
20011232999
001
A
IMlll..:.\.1'1111lj 11111'1I1i~iflllllfllIII111~'lill1tl'.
SEIDL JOHN M & MARIE SUB:CLUBSIDE AT MAROON CREEEK LOT:4
15 OAKWOOD BLVD
ATHERTON, CA 94027
'....;..<-r::::;:-~";;::r......~.*};::::m.:>>.>>'::::::m::..~;e.~X(.wrh:,:,:,.-:...~:::::::f'>::;:%"'W=.,::;:::::V:W
:'!::B::~lk_%::j:::(~f~;;:~k'4t_'';'\:::~~?:::;~$::;:::::::@~:'~%m:[~:*~t:1f:::)~~h>>::&1]:~~*&
: ':$.:~ . ., :B~ "., . ?:::S=:1K~r..tiS::,~;::$rt.'g:%>.;::::l::@ffi.4V"
:b1:iifh:xW$.*;~J:rl~_W,*lm[:i.!@;::[~%~Wtll~t1m41@h1m
I''''"' "" ,
r.,
Assessment Information
850,000
2,879,600
77,780
263,480
10,524
3,729,600
341,260
,341,260
600,000
2,595,400
58,440
252,790
5,022:
o
3,195,400
311,230
,311,230
".I'Wll'!__
($, kf&~.~':'" ',.'
PITKIN COUNTY
"...."
r"\,
"-,,
er .,
Account:
Tax Year:
Parcel:
Mill Levy:
II..'1I1'1Ii..lllillii
MELVYN & SUELLEN ESTRIN
C/O ESTRIN INTERNATIONAL
7200 WISCONSIN AVE SUITE 600
BETHESDA, MD 20814
,....~'~....'"X:.<<-,::::::.....w..."'..w.....>>.::..,::::::::'::::::::::::::::::y..:-::::.........,....'*..........,..w.....>>:>~"::..'ill'.<<-,.X:~::::::.
',:;;::::,-::x":';:<'::::<:;:;":":;:~W:~:::-B::::~::::::::::::."'::''::::::;ilii:::::.':;:'':::~"%.~@~%B~[~~::E:?lW~\M::%.~:8'
\~-':M:'.. "~:'. ,. \.~.. .' ":;:. :..; ';';Mn@@:4~*d-::::W~~~~B:-:l
:~m~.... :::i;:;":;:>',"/ :::::;::::~~; . , 'i:~*~:;:.,,:;&~~<:;:;::*,F:>:fu"''i;~f*~:;:::;'':-::83~:m
;:~;:;:@,.~<::?::::::.,~.,~-::~:;:.::::;:.:;i;;;:;:QZ~lli':i:::::<< ::r..::,;,@*:?~:,:,;,.~:%::;;:xn:;:;;,"%@m~;t:;*..::::t.::::
5 CLUBSIDE DR
ASPEN, 81611
"-,,
"':1
Assessment Information
Account Type:
Version:
Area ID:
APR District:
Status:
1000
20011232999
001
A
._IIIJ11Iiftlilllll~'llllitllllll't.'1111'11
SUB:CLUBSIDE AT MAROON CREEEK LOT:5 BK:0045
PG:0030
......
1___.
'" '" . .. '" ,j:1:?
-
...::? .';:::",
900,000
2,828,000
3,728,000
750,000
2,597,900
3,347,900
PITKIN COUNTY
""....,.
1 0,484
341,110
,341,110
""'~i!1 k' '.WtBb,_
:It. . " .g:::: ..Y:~ !fu"m: mill /1' ..:t .. ....' . .;, ^: "-
4,982 0
73,050
253,040
326,090
,326,090
~
t""'"'\
R016700
2001
273502310005
31.320000
Estimated Tax: 10,683.57
* This Mill Levy is from the most recent tax roll
Account:
Tax Year:
Parcel:
Mill Levy:
IIII.I_'::~::::::~:;::'IIII
MELVYN & SUELLEN ESTRIN
CIO ESTRIN INTERNATIONAL
7200 WISCONSIN AVE SUITE 600
BETHESDA, MD 20814
.~.~twm&~~(:-:~.~~lif\tf_p~.~m~t4ti~41m
:B11~~/' . Ja, ~~.. . . ~", ~itk.;mb~ \'t1t~t~~t~~
,;:,;;w;:;::~&;::::::::, ,~;,:,;,;,&~~&jt:,:,.q~. :::: ~<<::::::m_ :::;;;:~.hi~~~y :ij~.:::~~:,t':}..Ji~
5 CLUBSIDE DR
ASPEN, 81611
.<~
Assessment Information
900,000
2,828,000
3,728,000
750,000
2,597,900
3,347,900
PITKIN COUNTY
f""'\
Account Type:
Version:
Area 10:
APR District:
Status:
1000
20011232999
001
A
X".,"lt::~'III~IIII\II&ll'11~111Iill\1\'
SUB:CLUBSIDE AT MAROON CREEEK LOT.5 BK:0045
PG:0030
82,350
258,760
1 0.484
341,110 ,341,110
,'ili~"" lb1M@= ,'; '>>',",,~'Il_WBlL"".
. .~,~.::::::, ,:::: ,:-:., , .,M ",. "" .
73,050 4,982 0
253,040
326,090
,326,090
r-.
t1
" it
,....."
Account:
Tax Year:
Parcel:
Mill Levy:
Account Type:
Version:
Area ID:
APR District:
Status:
1000
20011232999
001
A
111.111'~1{..1.11111' i1iJ;II..lltlllllliIIII1.!1lITi;11111t.lflltlll
MCRAE CAROLYN S SUB:CLUBSIDE AT MAROON CREEEK LOT:6
210 E CAPITAL ST STE 1525
JACKSON, MS 39201-2304
...lll.ltll.if'~ll~i~I'
r;h~:,"'3:mUlti:;:::;,[Jill~~:::?:~m%WJ~W;t::m;m111*~mif.i.i:'~~L.,3.;km::::::$,~
lA''''"' 8" "
1"""..
Assessment Information
'.(:"'~~~w
". :;::....
;.:.:-;. X>.
~~~
900,000
2,825,500
82,350
258,530
10,642
3,725,500
340,880
,340,880
750,.000
2,595.400
73,050
252,790
5,140
o
,325,840
'".''''iffiiW., .".. mffiffiffi.WiW.' "'IIIJ
.,t' '~i~r~#~~, " '~W'~OO*~ ,. it~ ' '-'-' .
PITKIN COUNTY
"......,
"..."
o
(""\
, jlfllri.II,'t.,i~::~~,:::~::,t~~I::~
Account:
Tax Year:
Parcel:
Mill Levy:
~"":;:'~::::::',<'::'>:''''':::::::::;~::::::''''''''''::::~;''':;:'~::::X:::~~:;:::'::::'::'/.'''w..::::::::::;::::::::~::;-.:x:::~-:.-::::::~:::-.:::::<<,~:.:-'::.:.:::::::~'~
,::::::.:;:,....::::~....:..%.;;:;:..;....::::::::::::;:w.,.;:'~...~~~...-::'.:::~,.:::~.:.;~:::~.;~".x'.,.,~,
1.t..f.~atf..I$iifl
ROSNER BONNIE L RESIDENCE TRUST
50%
2599 N W 63RD LN
1?otYf ~NIFL 3314~
100 CLUBSIDE DR
ASPEN, 81611
1""'"",
Assessment Information
3,566,300
900,000
1,766,600
2,666,600
PITKIN COUNTY
,......,
Account Type:
Version:
Area ID:
APR District:
Status:
1000
20011232999
001
A
.___1111111111";11111111111111'11"
SUB:CLUBSIDE AT MAROON CREEK LOT:7
326,320
,326,320
87,660
172,070
o
259,730
,259,730
r-.
"
t"""\
R016705
2001
273502310007
31.320000
Estimated Tax: 10,220.34
* This Mill Levy is from the most recent tax roll
Account:
Tax Year:
Parcel:
Mill Levy:
Account Type:
Version:
Area 10:
APR District:
Status:
1000
20011232999
001
A
,..rl(I.II.1IlII1II11 '.__11111Ii1illllll"111Iil'l
ROSNER BONNIE L ,RESIDENCE TRUST SUB:CLUBSIDE AT MAROON CREEK LOT:7
50% d 0....,\<>-
2599 N W 63RD LN
toc:..cv tZ.tJv" fL- 33 LI41..,;
_111.II.tll
100 CLUBSIDE DR
ASPEN, 81611
1""\
Assessment Information
82,350
243,970
3,566,300
326,320
,326,320
87,660
172,070
5, 16~1
o
2,666,600
259,730
,259,730
tI"'"\
1
r-\
r\
t""\
Account:
Tax Year:
Parcel:
Mill Levy:
Account Type:
Version:
Area 10:
APR District:
Status:
1000
20011232999
001
A
:1I}..I.~I:tl..I.llfl 1.I:l1~ll.ltll)111111111'1"lr~lllIlillf.Il~'
GINSBURG BETTY A REVOCABLE TRUST SUB:CLUBSIDE AT MAROON CREEK LOT:8
0100 CLUBSIDE DR
ASPEN, CO 81611
1"""\
Assessment Information
82,350
306,530
4,250,000
388,880
,388,880
292,850
,292,850
PITKIN COUNTY
~
l,
, lOt
...
r
---
,.....
.uHfs"<<I()""..,....,\'
- -
--
~
'\
1.\
......
\~
\\
II
\\
II
\,
\\
-A-
I
',...
~
'",
---
~-
--
--
I
I
I
I
I
-t-
I
I
I
fmolOt
f
!I~S 10
I
,
I
,
I
I
J
----
:':""C:
,..lOt
"
I, 'iJ
,--
,h
'0000I:
-_.--
oMfYJOiP.:J
......
......
_. O? L
S 'Ll
IZJ
,-,
l(eaJ:) OOJew l8
qnlO lI9 "0
......
"
"
"
,~::_[b
q
......
- --
fSJ
.....,
,to"'"
-- -
-- -
1\ I
II 11,-
II ~
II /I 0::'1
IJ/i '!1'-~4
I I CJ 11 ',Q
6-0 0 <) I '\
I \
l~
f \
I \
I \
~
~
'to"'"
[HOOt
.....,
I
1
I
\ I
\ I
'"
'\
II
r
4'
HI
\
SS060Z
St
S't1J60l
SS060l
i
,
J .l(l(JOOl
f
"
'<
~
r')
w
w
i1i
~
f"'"'1 ~ ~
0
Q ~
0
0
~ N
OVl "-
~
N
Vlo:l "-
OCJ
Vl;:J ~
<~ w
uU ..J
<C
U
~ Vl
~ 0
~
I-
0
Z
w
5
V>
f""'\,
n
f""'\
\
\
i\ I
~\I
\1
1
'"
\
,
\
TOO ~10 TOO :3:Nd OliLE."OZ6-0L6-T :0.1 (lVJ /\4:1;)Q-;:'1 XT!..J :WO'tlif WeT SV:S 1002/t2/8
-
tiJ...H ~ tlJ 11 J
1
tLLVDOSSVJld
r--.
~
...,
..J
..
1.J31SJ.S J.ClllN3
3NOHd3'31
dll>O'1a e e
J.Cll311 Ifa t '3N1fd
'OCS1NO:;l ':::7rr
dO NOll If:;lO' ,
'"
~ '"
t ..
~ e l>.
"!
~
~
ONnoCll'::>
NOI1ISOd N3dO
31 If'::> ~O ON3
e ~
3l1>''::> '3N1fd
N\fIll/1S303d J.",\fNOI1\flS
,,".l ,,".l l
,€ ,,'?l~,"'Z ~ ,€
.. 119~1E'
llq-,~
,<; dOO' dOO1 ,<;
llX3 33Cll. llX3 33Clld
r-,
"[00 ao 100 :3:~l\td OvLt>OZ6-0LG-.l ';OJ. aVJ ^~];:,qT1 Xl?3 :w:mr.iI :vi['.! OS:<; 100'0/1'0/8
r-,
1""'\
r--.
1""',
II"' ,,,-
~
W
I-
~
..J
3
w
Z
"'
~
.
"'
'"
100.'10 TOe ::;If)Vd OvV.>OZ6-0L6-t :0.1 aV:);\1l8qT1 x~.i[ :wmf3 Wd L~:S tOOZ/13/8
'd..l.1 ,,\19-,"
~l':!
1I!<l
1-0
</)
w
o
w
ll.
'd..l.1 "SlI-,o;;
'd..l.1,9
'd..l.1 "G
rl~.IL
l:
W
wI-
~~
:rill
U
JI-
wZ
I-W
)-
II!
<l
~..J "-
-w :Jt
I-z
<l<l ~3
:nil.
-ll ~3
, i=3
"' <DW
x:E:
W3
4
o
N
t:;
w
ili
~
~ ~-
rl-. Q 8
V ~N
OCl)~
CI)~~
CI)~~
~~
U U'o
~ I
~
-
-
II
-"<I'
"-
-
~
'"
f""'\
,- )
('"'.,
Maroon Creek Construction Company
WRITTEN RESPONSE TO THE REVIEW CRITERIA ANn DESCRIPTION OF
EXISTING CONDITIONS AT CLUBSIDlE:
Clubside at Maroon Creek is made up of three (3) duplex and two (2) stand-alone units, for a
total of eight (8) Town Homes. Maroon Creek Club Golf Course, the Clubhouse and pool,
border the Clubside Sub-division on the North and West sides. On the South side is Highway.
82, with Stage Road bordering the entrance. There is only one entn,nce into Clubside. The
road is approximately 500 feet long with a Cui De Sac at the end to turn around. Each unit
has access to this road via a short driveway that ends at the garages. There are additional
areas for visitors to park in front of the units, which allows adequate clearance for emergency
vehicles to pass on the road.
The present entrance into Clubside has a 45'0 wall on each side, with columns on each end.
The proposed Privacy Gate would be located on the end of the wall, farthest from Stage Road.
This allows ample space for vehicles entering Clubside to pull off of Stage Road to use the
Telephone Entry Keypad. The box, with a key for emergency vehicles, is located on this stand.
The Aspen Fire Protection District (Orrin Moon) has reviewed these plans and approved
them.
t"'"'\
The proposed Privacy Gate has been designed by Robert Trown & Associates, who is the
Architect of record for Clubside.
The proposed gate will require two (2) additional columns to support the gate. These columns
will be built with the same stone that is on the existing columns and walls. This stone has been
used on all of the existing buildings at Clubside. The design ofthe hand forged steel gate
matches existing railings, both in design and color - Antique BroDZle. The two (2) new lanterns
(lights mounted on the columns) also match the existing lanterns installed through out the
sub-division. On the right side of the Privacy Gate is a Pedestrian Entry Gate, which will not
be locked. The Proposed Privacy Gate, design, materials and colors., blend in with the existing
Architecture at Clubs ide. A copy of the Privacy Gate Plans is attached for your review.
Picasso Gate, who will erect the Privacy Gate, has installed over 20 gates in Aspen/Pitkin
County, including the Privacy Gate at Wildcat Ranch.
The home owners want to install this gate to keep out none essentiall traffic and visitors from
driving into the complex at all hours, and knocking on their doors looking for the Maroon
Creek Club House. And to protect the safety oftheir smaller childrl~n who play on the private
road, riding tricycles, roller blades, etc.
('"'..
v . 870-820-9403
300 Puppy Smith Street. Suite 205-254
Aspen, Colorado ' 81611
Fax. 970-820-:3740
2001
EflectiW~, ,1 /112001
O~DERED BY:
Fir""'.aw Enforcell1ent Rar)lEnby System
AUTHORIZATION/ORDER FORM
,
Company/Name:
Date:
INSlrALLATION ADDRESSES
(Required by Fire Department)
List street addresses and cities where items
will be installed. Attach separate sheet for
additional installation addresses.
,
Street:
City/State:
Conte,ct Person: __
Zip:
1. Bldg. Name
Street
Phone: (
P,Q.# (Gov. agencies only):.
SHIP Tb: (Street Address ONLY - No P.O, Box.)
Company/Name:
Street:
City
2. Bldg. Name
Street
City:
Contact Person:
E-mail Address:
County:
State:_Zip:
City
'.,,-,,<':V,':
Phone: (
(to receive UPS trac,kinC"'-
. .
. .
<
Plltll~
'Nr FlI/1(/!J
Orrin Moon f ,'.
Fire Pro'lection Specialist. Aspen Fire Protection DjStrict.
970/925.2690 . 420 E, Hopkins' FAX 970/920.4451
Aspen, Colorado 81611
.
~--'! }J
:'_~~- ~', ~~
, ,: "THORIZED FIRE AGENCY SIGNATURE
S
GIN
:P$:"OI"~.}'B4".04,,,,9{J
;:;'i;n:>-+i' ""i
System Code
VERIFY
REC'D
I
USE 2001 PRODUCT PRICE LIST ON BACK OF THIS PAGE S~ction 4
Item Description
Color Weight Price Ea. Total
fire Dept. Use Only
o Check here if products
ordered on this form must bE
, dty. ~art #
SUB MASTERED
Send This Form With
." Payment to:
KNOX COMPANY
17672 Armstrong Ave.
Irvine, CA 92614-5728
MAKE CHECKS PAYABLE TO: KNOX COMPANY SUBTOTAL
Shipping & Handling
1 lb. to 7 Ibs, $6,00
8 tbs" to 251bs. $13.00
26 Ibs, to 501bs. $25.00
51 Ibs, to 751bs. $37.00
75/bs.+ ca/1 Knox for Quole.
Alaska, Hawaii - Call lor rales.
$
Shipping & Handling $
Priority Shipping (Please call Knox) $
Pre.Payment TOTAL: $ _
*CA Tax: 7.25% . CA, Orange County Tax: 7.1'5%
Add $7,00 to EACH item
ordered
Customer Service Hours:
M-F 6:00 am - 4:00 pm liST
fiiiiI'lKNOX
lIJ)JCOl\llPANY
800-552-5669 · 949"252-8181
Fax: 949-252-0482
www.knoxbox.com
F40-000311/2000
((;l Copyright - KNOX GOMPANY.2000
~
~.
10/24/2001 16:58 970-920-3740
~!
MARRON CREEK CONST
1'0:
Froln~
Subject:
Maroon Creek Construction Company
James Lindt
Aspen Planning & Zoning Dept.
Fax: 920-5439
BillItzla
MCCC
Clubside pun Amendment.
PAGE 01
October 24, 2001
James, I am attaching a cOllY of the signatures for 7 out of8 of the Homeowners at Clubside. I
will forward the 8th signature when I receive it. This sJllmld 'Comply witllthe 6 out of 8
signature requirement.
If you bave any questions, please, call me.
~. V. 870-82,0-8403
nts: ( 8 pages).
300 Puppy Smith Street. Suite 205-254
Aspen, Colorado . e 1611
F", . 970-920-3740
10/24/2001 16:58 970-920-3740
r\
MARRON CREEK CaNST
,."""""
:: ; '~
"j..>~' "
PAGE, 02
.
I"""
lIwe the undersigned, agl'ee to the erection of the Privacy Gate at the entrance to Clubside at
Mal'oon Cl'eek, as apPl'oved by the Clubside Homeowners Associatj,on:
Lot#l: /
Ru.di E. Scheidt, Jr. V
6230 Rivergrove Cove
Memphis, TN 38104
Lot#2: /'
Daniel V. & Mau.reell F. Holman
1500 N. Lakeshore Dr. #18C
Cbicago, IL 60610
Lot#3: . /'
Ronald .A. & Vid,nia M. Silll..X- Tll1lstees
1801 CentuJ:'y Pal'k E. STE 1930
Los Angeles, CA '0067
Lot # 4:
John M. & Marie Seidl
15 Oakwood BL VO.
1""", Atherton, CA 94027
Lot # 5:
Melvyn &: Snellen Estrill"
C/O Estrin International ,
7200 Wisconsin Ave., Suite 600
Bethesda, MD 20814
~
Lot#6:
Carolyll S. McRae
210 E. Capital St., Suite 1525
Jackson, MS 39201-2304
~
Lot # 7: . ./
BOll,lI,ie L. &: David Rosner V
25'9 N. W. 63rd Ln.
Boca Raton, FL 334'6
Lot #tl:
BettY A.Ginsberg
0100 Clubside Dr.
Aspen, CO 81611
~
r--.,
MARRON CREEK CONST
t,""!"'\",
I"L'p
PAGE 63
16/24/2661 15:58 976-926-3746
10-18-2001 12,n FRCJ.1 ROSNEF1 561
le'13/~~ ~':~l "~.~t&-314~
r",
P,2
~ ~~,~.
241 11I0S2
~~t:.l<l.l..l'l\;1
v.o.... ................ to tile ~ oftM PriV'tI)' Gat..t .... ....lIft 10 Cluhlde a.
M....o. C",clr. . """".... ~ .. C1.1uWe a......., A<. _ ~.al
....I~
R.~ IIC. ...... Jr.
Q30 lUY"I'V"O e-
N....'" l'N HI"
~v... MIa"_'. H......
lJ8ON.I.lI......~"'Ik. ..ac
CIIIlIIp, IL .,.
~ '" ... VIctoria M. ..... - Trul_
181 e..la", Park E. STE 1m
LeI ~ .. '... C..,.,
1At" ,!
..... M. .. M.... WdI
IS o.b'....8L W.
Ad_I'" CA'"
('"
Lot " 5:
~... lJutII. EtUfD,
C/O &lIII1D .....11011II
'1200 Wlte'.... A"e., S. 500
Ikdl.... MD _14
Lot."
CIrOlp s. Mclta.
210 & C......1t. .... 1m
.I......... J~
Lot . 7J
..... L. .. DnW R_tI'
2599 N. W. (oJ" Ln.
.... ....... n. 33496
LaI , .,
....,. A.. G......
el.. a..[,'. Dr.
_.... CO .1.11
r"
.
~~L ~. ~~.J
-1':' ~d~ -
10/24/2001 16:58 970-920-3740
10/1 ~~.0J_..JJ,:tf",1"""'l,l;855~~4I<U>>NCjo( bQl :u.l
~"U/'iWS lIVa~ ~/l!-il:/l!-.:I/.~
MARRON CREEK CONST
SIMMS~CIAL DEV
~ "j
~"'~1II.oNrr1
-.
r"'.
.,
........ ~m........... .. tk e__ .,...lriwaIy en It .... ..Iro..... t. 0...... tat
HalUb.... CIaJr,... IIIPJ1lV"111Irr tit. C'.IIII",," u.__.... ~l...,
Wit!
, "'Z._lIdt,h.
Q3IO ........rw. e_
M........ TN HI"
~..MH.-p.a~",
1M N. hk rlmDr.lftJC
a,__.n._s. ~
l.Dt . ~
...... A. . Vldom M. Slaal-'rrut
2"1 C..,. ..11 L m 1931 '
1M AIIt . I. C4 "1
LeU.,
....M. . Made SlIiIIl
t5ou..-laa.\')!).
...... CA HOt,
(',
Laf.~
IlW'7a . ...... BotrlII.
CIO"'~
't.tIO WIIII--.... An.,' Illite .
.ItJn"~ MD _l~
.....
c....,. .. Mea-
t,. &. eaJ*ld'", hilt 112$
........... MI mol...
~L. .DmcI......
"'l'l. w.u"I.,
--...... n."",
lAt..
...., A. ClIII~ I
.... <:1..... Dr.
~t'Oa'l1
r\
~.~-:~.'^ .
PAGE 04
PAGE 82
P.2
l!:tIlI'l
.
.
.
-
10/24/2001 16:58 970-920-3740
Sent By; NBC Capital Ma~s Group; 9018423879'
. t) "
10-16-2001 12,36PM FR~ ROSNER 561 241 0092
10/13/2!lt11 ~'3:53 '3~-92B-374l!l ~ ~K ~r
MARRON CREEK CONST
f"T""9ot-17-01
;
PAGE 05
, :28PM; Page 212
P.2
I'Abt:. a:u a~
r-,
Lot" Ii
a.1ll Eo Sdseiclt, Jr.
6130 Rinrlnve CO"
M_plliJ. TN 38194
3~\'N:)
~n:
D..lel v. & MaUneJl ,. HollPn
lSOO N. L.kesllon Dr. fiSC
CblQCV. IL "'10
of the Pr!\'aey Gate at tIM tJlh'1mce to Clubakte at
. (EQA"~tiOD:
Jlwe tile lIllClenipecl, ..." t. tit.
MarOilIl C.... .. approved .", tile
LOI"~:
Ronald A. & Vidoria M. SiIa_ - Tt1Dteet
1801 CllIItllIY "ark Eo STE 1938
Loa Anp"" CA "'7
("'"",
Lot 1# 4:
JoIIIl !II. & Marie Sfi4l
IS OH'ln/Od SL Vl).
A~CA 94021
Lot/t~:
Melvyn & SueUeIl Estrill,
CIO !.trill XnttJ1lat-..J
7100 WlseollSm An., Sllitt 600
BellaClld., MD :w814
Lotil~:
Carolyn S. MeRae
UO E. Capital St., Suitt lS15
Jllclaon, MS l9281-1304
LotN7l
BOlUlle L. & Ihmd Rom...
2m N. W. 63" tAl.
Bo~ a.t..... n. ~34\l6
LoIU:
Betty .'- Gblsbarg
010ll Clubside Dr.
A.pell. CO 81611
--1:'~-'~ ,
f""".
MARRON CREEK CONST
10/24/2001 16: 58 978-928-3748 241 131392 1"""'\;, .,"
113-18-21301 6, 11~ FROM ROSI\ER ,561 H 1
r! .. .l!P:~' IU!b. '"'U., J..~" 7
lU!!t/U.L .l'l.<t...... ~.IM-_'. h..~r~ ~ =01 241 BCJ92
lU/1::l/<!lftll W:!73 ~1ij-_~-W4ll lWIN;1II ~ l..l.Noil
:;. .7c.
r".
PAGE 86
".1
1KIUU,J
p.~
"Abl:. lr..!/ll:/
lIwe tIIe.- ~, aIR" to t1H erutioa of lIIc Print:r wiest tIM etdr..."" lv a.btillt a,
~ Cnt:k, ".PJII'OYI4. tile O1Ibside IlOlllr.M4Ci. ~Iiv.:
~... A v.e.rldr......_ ~
1182 c:....". ftItl: Eo sn: 1_
L. Aar;da, CA. ~
t..t. ~:
~lIlti E. S.t....wt, Jr.
G.1O....4...~..... Co..
-...-. TN 31184
l..et. ...
n..w~... ~r..1&bua
1JOO N. 1Ak.....re J)'.ftlC
011""10, n.IiOUI
r'\
Lat. 4\
"* M. . M>>ilt fftdl
~. o.ft-.......vP.
AJbo",:-. CA ~
LIlt.S,
l\fd,.....:s II-EM....
CIOhriII ~tlli...
nooWirlu~-"ve.. "iteM
....,Il,)U) 201:&4
Lot...
Car. a. ......
jl0 Eo ~ -.. hltt: 1JD
J...... MSmOl~
Lot."
:s-ic: 1.. .. ~ Ieg lJI.r
2m N. w. O"'l La.
.01Rl""', FL D4M
%m'8:
B9tty 4. GIDshq
.100 OIl!. .. Dr.
'~C:OIl'l1
f""'"',
.'
.
-,-1::' &.", -
10/24/2001 16:58 970-920-3740 MARRON CREEK CONST
OCT-17-2001 05:3~M BETTY A 'GI~SB:VRG AStD ((\.561487
f) . ," ., i:di
1Iill-18-2001 1:2.. ~M ~"IlOM ROSIIIER '661 241~, ",
..UI'....:II4.UU& 110I1'.:.1,,',: SUI-,,,ltJlII.ti.' ~N 'wiWk.t:.1t lJ.H:d
PAGE 07
4523
P..01
P.2
"'- 12112
.;
r"
Vw, ...1IIId.n\pId...- t. till enetlo.a .,. PriYu, Ga.. lit ilia ._.. to CIlIbtIcIt It
Ma.... CIuIr. II .,prot'td Itr Ill. CltbJ.ld. Ho~lMI'I A_ilIIIM:
Lat'!,e
bII 1:. __.Jr.
. .........~-
~w.. TN 311f1.4
.
Let,~
J)lIIIW V.., MIl.... r. 8.....a
tMl'l.1.aIMIIl... ur.101C
No' 'I.U._.O
.
(,af .. ~e
...... ... II: Vldoria M. ..... - Tnm.
.Ie. CtIbIrr Parle Eo m 1_
1M A..... CA '"'1
LMIfj,;
101I1 M. .. Mari8 8ddI
l~~lIILVD.
AIlIer1D1l, CA ~'T
--
r",
.
LlIUI:
~.. h....1mIII.
eIO 1IIrIa........
,.. WIMD... A....lltdI. fIO
lldIletd., MD 2Mt"
.
LoU.,
c::...IJ. s. Metat
21. E. c.,!ta.llt., lid.. 1I~
JadctDll, M$ mtl-1*
lmf1J
BGUie L .. ....... R_ar
2599N. W,G3'"lA
.... ....... FL DtH
"""lI
.....GA..""-
01" Clult.w. Pr.
"-.... CO 11.11
~;j~-'_.
I"""
10/24/2001 15:58 970-920-3740
,--,
~
r,
.,
MARRON CREEK CONST
()
"
IIW. rIM ............... ....... 10 the eneIlOll.ftll. P~cy Cat. at tIl. ..h".... to C"'looid. at
M...- CI1R~ tlt approYed by tho CI"bslde 'II_WIlen Ano~
~n,
Rudllt. Sdaaitlt, J...
Q34l ~"C..."
M_phl5, TN 3&104
I..Dt .'3: .
RonaN A. ... Vlttorilo M. S__ - Tru_
11101 C_tal'f hrk L STE 1'30
Leo ~J..., CA"7
t..n * 4:
J.... M. ... Muir Sddl
15 <MmtM BLVD.
Atkertfto CA '40%7
J.ot U,
M.t.y.. ,. S...... Eltrill,
C/O bCria lalflnletl.DII
'* WINo.uia A~ SD.lte 600
BttlaCRh, M1> '*14
I..Gt 112:
Patel V. '* Ma_ P. Bel__
l!OO!'I. X.oklllb.rt Dr. 'ISC
a.icalC'.1L _If
,.-
Loti 6:
cUOIya S. MIlBae
210 E. CapiIIII St., $1Iite1$25
JlClwIIl, MS mOl.%3e4
lAt..,:
, Soble L. II: David R.Ber
%5991'1. w. Q"" La.
Jlar:a a.t... n: )J4Jfi
Lot iI 8:
kty A. Qubetc
"1011 a..hide D..,
A..-, CO Sl61J
r-.
,~~~
~~~:.:-
t000d ~0Z:80 t0/Gt/0t
L0tI2lSZ1>I2It.S
PAGE 08
-'
lJiR'.UttlH UIE'fl
"
10/24/2001 16:58 970-920-3740
10/16/01 20: 14 -.u 16503216955
lo;HS-2001 11 ,r-"f.1 FROM ROS~.:s;n sa;
- .
1~/l~/~~~1 ~,:b. ~1~-g2e-314H
MARRON CREEK CONST
JOHN&MAR~IDL
~4i 0092' ..
~J{ 1""..1\ ~r
PAGE 09
IaJ 01
~.
r'>,
.
,-
Vwe the ..lido., 4-tcIoav- to tile..,. eEtk Ftincy G_'l me MtJ1uIcIe to Clabside It
, mAI'oOJl ~H "....ZWeQ b the Clnl>5iiit H--..""" ~M:
Lot 1I1~
lbnU E. J cIl..;a.. Jr_
623tl R:....._.. ';li'1'.
MemphD. TN 38tll4
r:
Let~2:
DuIelV.&~F.Jn' n
1!VU N. l;-k\llllill.... Dr. #lac
CIIialp. XL "'1.
Lt! # 3:
RODllld A. oS: V_ria M.. su-m, - TnIllf"'"
1801 Ctut!uy ParkE..'STE 1930
Lml ~ CA 901167
Lot 1# 4:
Job M. &: Marie Sridt
is o.inrood BLVD.
A~.CA94021
LatRS,
Ma.,.. .. S"ellen Es1J1II,
C/O EmilI btIr.Utillltiil
'* n~ AI'e., Sllltt 6U9
BeIII..-la, MD 2il814
..
~J("JlI
1.el:l16,
~s. MdW-
:nO Eo. C.... Sf.., Suite 1m
hI.... Ms m81-23G4
Lot Ill':
Boule L.. .. n.vifl.Reuer
2S99 N. w. ~ 1.=.
BvClI R-.tn, fL ~~~
LaUe,
Betty A. GiMblq
91110 Chlwide Dr.
Aspea,. 0011611
~~W~~'A'~
-'.'-~ j C<: ~-
I...."
"
"'~.t ~Vj Wil Hllffi Illkft~ + A~~r.f"""1ft~i
fl70 flPO fjflflfji
A~fj.01
.~II"
i'liPPPMi
P1l0ft 115
r'll , .. n II, I iii .. 111 ~
16 August 2001
E)(~" b;J- \'/JII
Clubs ide Townhomes at Maroon Creek Club
clo Mr. Jordan Ginsburg
fax to 544-5189
re: Maroon Creek Club Lot 50
Site and Architecture Review Committee Approvals
~'
Jordan:
This will confirm that the Site and Architecture Review Committee [SARC]of the Maroon Creek Club
Master Association, by a vote of the Committee members present at the August 15, 2001 meeting,
granted the following approval:
Final [construction document] Architectural Approval for an entry gate and security
controls as provided by the Maroon Creek Club Design Guidelines based on the
attached plans received 71212001.
Approval to proceed with construction was Included in the approval granted.
Approval by the Site and Architecture Committee of the Maroon Creek Club Master Association does not
constitute an assurance that the design of the project or the application complies with all applicable
provisions of the county approvals for the Maroon Creek Club or that a building permit will be issued.
It is the owner's responsibility to obtain building and other permits as may be required by the City of
Aspen,
Please let me know if you have any questions regarding the Committee's action, or if we can be of any
further assistance.
kJ~
William Lukes AlA
Architectural Advisor,
Maroon Creek Club Master Association
copies:
Gary Albert, President, MCC Master Association
Brian Martin, SARC
p()~:'l' 01')'1(.1: Bo>: 8~1i9
.'\.~I'l:'" ("nl OI~,\Ut)
81(>1:'.
97 ('.9.2 (). (l ":I 2') ,. .." ~):!. f>. I'> I) I\. Cl
10/24/2001 16:58 ~-920-3740
l1il':"lEH2C!101 12,43PM FRG-l ~ 5Gl :241
1811311M61 _,:~~ "e.~%&-~14e
MARRON C~ CONST
11l0S2 "
M.lNOl U<I*.K UNo I
PAGE 03
P,=<
~rltb7f \'E II
v...... -~'""'lp"'...."" .,..., ,reM 'm..~..., .... _1'1II" '" Cluhkh at
M...... Creek., . __lI''' ~ .. 0....... R8a"_.., L i __.....
It:: t ........ h.
me.....- (;ew
............ TN "1M
~v. " MI..... J. B.......
.... N. I .........." Dr. ..ec
CIIfIIet, II. .,.
~ .... II Vict8ria M. ..... - Trul._
1_' en..ry Park I. S'I'E 1930
....,. I. I .. CA ,.,
1AIt.~
WIll M. " Muir.....
15~BLVD.
Admt.., CA ,.,
Latl.
..,." IJutllr.ta.....
C/O .... .......110...
,. WIle..... "Woo Sata '"
..... MD_J.
I......
CUOlp s. McRae
Z10 &. C.......1t., ....1.
I~l . MUlIltWSIN
~L." o..w ......
1m N. w. 6J"'I La.
......... FL >>496
I~'I:
...., 4. C......
... a.tr,~ Dr.
~ 00...11
.
~~L ~. )J~..
-~~~~,.
18/24/2881 16:58 ~q-928~3748
10/17/2001 12:13 '15568374 ~1
1.v-1.-~1 I~,.aft-,.. ""H\JM~"Nt:JiC'__
~"~I/~ WVI_,1 ~/~'~_.I.~
:141
MARRON C~~ CONST
SIMMS CO, ICI/IL DEV
GIIirlilil
MAWIIIJN ~ ",,",I
fw.t.
......... ~ mlp..... C. tile a...,~.r...,...,." C'" It tat tlm_ fII 0......_
... ll_ c:a.rr. IItIllJllltl"W IJr ... C1IIllItcIt Ht__..... .....,....
W'l!
"'&~.'lIl.h.
QII..........,.. c:_
....... fN 311"
~.......... P. .L'TT
.... N.I ~ls ~III.. Dr. flac
~I_.~", ~
l.8i.~
-...._.._C.".. ~
I'" C..-,.,arII E.,",! IJH '
&.II ,........ C4 "7
lIlIlfl<l>.-
t::ii. ...... .....
lSo.b., au'J).
.___CA..,
IdM!f;
~," Ib.t _.....
C/O.......__ _lIei!!
12101"'.,.- " ,A~'''''"
".1' MD_14
.....II!
c....,. &,MeIM
2.' a. ea............. lID
At... ~ _ ""1'-
~L. .D~......
." Ill. W.1ll x..
.... ........ """
-~'t~ He
J..t..
..... .. QiIr" ...
.... a...... Dr.
.... COall1'
~,"""",,"''''
PAGE 84
PAGE 02
1>.2
lfUll'J
.
.
.
-
i
I
I
,
I
I
I
I
18/24/2881 16:58 ~-928-3748 MARRON C~ CONST
Sent By: NBC Capital Mark. Group; 9018423879; "l-17-lll
f I,H 6-2001 12,36PM FRq-l ROSNER 561 241 012l1il2
1e/13/2elll 1l'3:53 '3~-'32B-37411 ~ tithk I.'l,JN1;;r
I..~ .. ~~
Rould A. .t: VlcIoria M. S..._ - Tnoteet
1801 CllDta.,. ".rk ~ STE 1'31
Los All"'" CA ,",7
LotlJ41
JoIIla !II. .t: MIlne 8fkll
IS 0."'"'" 81. VI).
A~CA '4021
Lot N 5:
Melvyn &: SueUl!Il Estria.
C/O EmiD Iattnl.ti.....
1200 Whco~ia Ave., Sulle At
Bet'esd., MD 20814
J/'Ire t1..1IlIdtlliped, ...... t. tile
Marooa C........ aPlh~ .". tile
Lot " 1~
RIllll E. Sc:b~, Jr.
6230 IUnfJI'9Vt t'on
MelllpIlif. TN 38194
3'\')...:)
~'2!
D..leI V. &: M.unea ,. UoI..an
1M N. Lllkeslaon Dr. "lac
CIIJQp,IL ,"II)
Lot 116,
CIU'Dly>>. S. Mdbe
210 E. Capital Sf., Suitt 1$15
Jaclaoll. MS 3JJ81-2304
LotN',
Boaaie L. &: Da-rid a-....
2M N. W. QNIAI.
Boca ...., n. n41l6
J.oj tit:
Betty A. GllltMrt
01011 Cl......... Dr.
A.paa, CO $1611
PAGE 85
1:28PM; Page 2/2
P.2
1"Abt. ~:1I ~~
..rtlle Pdyae)' G.te at t" tIltrlmce to Clllblide at
Horyeo;-ii A__do.:
. ([\UU
~
$~"'4 ,
~.
10/24/2001 16: 58 "-.~920-3740 MMRON C~ CONST
1~-lS-2~~1 6,11P~ 'FRO~ RosNER .561 241 G092 J
..l!(U ,. .ttlb. ,",u. .u"v
UtatVl 4.'l~4.4 ~M_-l~t...u...v.u.v ~ 561 241 8iI92
le/l~/:!Wl Ifill!.! 'I1Uo:~~'t4lf ~ i.lo6JM l.ol..Not
PAGE 136
1".1
IlUUU.J
=- ~ ':"
"',~
MIIbl:. If.!lll'.l
JIwe....du ~ lid,... to Ole __ otlH~ c.. at ,.. __ '" OMtillur
M......,.. Cnck, allPlN'llYlt .,. tII~ ~ B"felf.... """,,.wI:
~ S......... Jr.
cno.... ..4.._". e....
"'JI'Mr, TN 31184
I~..~
......~... ~ -.... 1........ _
I!\lO N. L .1.11..1.... Dr. .ftle
OoI.,..,n. ~.
~....~.M....._~
1.... C....". If_ E. St'E l,.
L. /uacdos, C4 ~
Lat. di
.r.... 14. . Matiilr HdI
t. 0lIlc1> 1" ....l'P.
Atta...1Ilra. CA MI21
.
-
Lot, ,.
......,.(,. .. >>mtI R\ _I.
2t9lI N. 'N. .......
-....... n.. 3MM
!.at. lit
...,. 4. QW"..
0108 CIIIl. "1 :Dr.
.--. eo"'611
_,~&M".
.
I
!
10/24/2001 16:58 970-920-3740
OCT-17-2001 0S:3B P~,BETTY A GI~SBVRG
19-1 B-2I!01 I:!. 2I3P,,' AAclM ~ '661 241
.4C1IJ..:.fI4.UC1r6 V..:J..!I':', SIO.U".'.,
..;
MARRON CREEK CONST
ASID ~,'<:',:. 1487
.in
_N ~WII.t.~ ~f
P.2
I"A6E 12/82
4S23
PAGE 07
P~01
hi .......,......... t(l till ~ ...... Pt,i._, elm u 1M e___.. a....... at
lIIara-. CndI... .".".~.. ., die Clobt!ill Bo--...n A......
=' A. .. "'*rIa M. ..... - T.......
1.1 C...., Pili'ii Eo mI.
~ A..... C4 ,",7
LDtUi
MlI M." ....... ....
"0ldIlI L .4" VI).
,,~ CA.'-?
Lat. I,
.... Eo ....T1llt..Jr.
.........C8\'t
-..... TN ,.IN '
Let.:!!
P..w V... Maw.- r. ......
1M ... '............ ..,"1Ie
I'!I,' ...u.....
~.. .............
C/O ..... .... t~ ...
.,. ....J..... A.... ......
.1Ii....,~ ~.1..
Lat"..
~..~
21'!. ~.~ 11II.....
.Jaclq.... Me mtj.~
~L" D...w It_...
2599 N. W, '3"1A
... ...... FL >>tJf
~"lr
"A.Q\:r~....
81.. C1u1ttW.1)r.
"'-.... CO ~.Il
.
.
--. "" ""-"--r
.
.
.~ .
.
~~_..-
VWe _ ............... ...... t. 1', a-eeUOJI ort..l'~ Ga~. lit like 1ll1ra".... I. C.....id. al
IIkl'Ofll C...ll. _ oppa4Yecl by 'bl ClllllsJde Ii..-mm $J.~
W.J.t
Rudl & Scts.icJt, h.
G3t lUnIpo... C"I!
MempbJ5.TN 31104
tift",.. Ma_r.B"'. 0.~~'::'" / _
lM~. xa.lI. Dr.l\It.C
CU:.ce,IL'OfI'
,l13/24/213et 16: 58 1-\13-9213-37413
.
.,
MARRON ~K CONST
f J
LDt"'~ .
11.0... It. ., Vletorill M. s;.. - Tn"*-
1801 c...1aJoy PtlrkL8tt l~
LIla AJlpl-. CA "'7 ..'
l.Gt*4:
J....JlI. ... Muir Seidl
15 OU1.6lHlBLVD.
AtIl.erta, ell 9em
Joe" 51
...,... ... s...... EIltrtB,
C/O &cria Jat~aaI
'* WWIatID ~~, Staite 6UO
........ [Ill) _14
I.e. U:
~s.McRa.
210 E. "~bI S&., s-lle 1$25
"..... MS mol-23t4
LotI '1:
. ........... David ......
., 1'1. w. Q" Lll.
..... ~ rL:J34H
tofU:
Beay A. QuWc
011111 a.....))IP.
A....., CO 111'11
---~~=.~ .
t00'd ~0ZIS0 t0/.~/0t
L0t0SZi>0.<S
PAGE 138
u.w1t;1H u-a
la/iti~%l 1~~~~4 n~~~;m~55 ,
1~-tS-2001 12'~SI"'l'.i FROM ROS~.:s;n $5t
, -
1~/l~/~~1 o,:~~ ~1~-9Ze-314~
MARRON C~LCONST
JollN&MARIEDL
241 0092
~':'~l:.'<!:ttIl)r
PAGE a9
ijlOl
~.
.'
'"
lfwe tin: ....._~M.,~ to ____ tJEtk Flivuy Gact al mll_ to Chdllkte It
, m"hlOJI~. apjinmd Dy 1Il~ CIn~ ~""_...~ ;\:;Sl ;~tWa:
L..,Il~
.....E. S cIl...;aa, Jr.
Q3e R.:";~.~.~.. M:liR'9
M_pltis. TN DIN
Let.;%:
DtudtI v. A wrMl ..... r.IL' -
lSUV N. "{ -Il"lllllvnt Dr. IJJ Be
CIaIaIp. n. "'I.
LfJ #I. 3:
RmWd A. &: VIturi. M. so.- - TnIIlt_
1801 C6i~ Park E..'STE 1930
Lilli Aagekll. CA 911067
Luff 4,
JoIm M. .. MIIIW Sddl
is G.kwlNtll BLVD.
...~.CA 94027
LlIt.S:
~ .. Sutlllm Emu.
C/O Emta &tw.u1lo1lii1
,. ~A\'~.. SlLlH6118
Bella'" MD2OIJ.f
L8tM6:
~ S. HtJW.
ZIO Eo C..... Sf.. Salle 1515
Juksea. * 39281-2304
.
.
.
.
. ~
L..t/#'I
Boule .L.. .. n.Yid RGmer
2;MI N. w. 65'" 1.>;.
1Ma.... FL >>4~
Latif"
Jktty A. ~,. .lie
01. ChbMe Dr.
Aspea,. 0011611
~-A'W .,;~~ Ao ~ a.
--.-_~j 0: -
~-
(\
n
E>th,'to,'f \\ f. II
MEMORANDUM
To: Development Review Committee
From: Richard Goulding, Project Engineer
Reference DRC Case load Coordinator
Date: October 22,2001
Re: Clubs ide Drive
The Development Review Committee has reviewed the PUD Ame,ndment for a Security
Gate to be constructed at the entrance to Clubside Drive at their October 17,2001
meeting, and has compiled the following comments:
General
1. Sufficiency of Submittal: DRC comments are based on the fact that we
assume the submitted site plan is accurate, that it shows all site features, and
that proposed development is feasible. The wording must be carried forward
exactly as written unless prior consent is received from the Engineering
Department. This is to alleviate problems and delays related to approvals tied to
"issuance of building permit."
2. R.O.W. Impacts: If there are any encroachments into the public rights-of-way,
the encroachment must either be removed or be subject to current encroachment
license requirements.
Comments
1. Fire Protection District - Requirement-
Fire Protection District requests the following revisions be made:
a. Has approved the gate type and requires unlimited access to Clubside Drive.
2, Ambulance Services - Requirement -
a. No comment at this time.
3, Transportation ...,Requirements- The information were forwarded by
Transportation department:
a. No comment at this time
4. Building Department - Requirements - The following requirements were
forwarded by the Building Department:
a. No comment at this time
5. Parking - Requirement - The following requirement has been forwarded by the
Parking Department:
t"'""'\
" ,;
a. No Comment at this time.
6. Engineering Department - Requirement- The following requirements have
been provided by the Engineering Department
a. Requests that if the proposal is approved, then the applicant shall be required
to prepare a plat and record it with approval signature blocks from the City of
Aspen Fire Protection District, City of Aspen Water Department and
Sanitation Department, City of Aspen Community Development Department,
City of Aspen Engineering Department, Rich Walker of the Ambulance
Services, Holy Cross Electric, US West, and AT&T. The plat shall show the
design of the gate, the location of the gate, and will confirm that an access
plan has sufficiently been provided for each of these utility services.
b. The design of the gate shall contain a mechanism that opens that gate in
case of a power failure of greater than an hour.
7. Streets Department - Requirement- The following requirements have been
provided by the Streets department
a. Feels that the gate is a bad idea for emergency reasons, but the City does
not maintain Clubside Drive.
8. Housing Office - Requirements - The following requirements have been
provided by the Housing Office:
a. No comment.
9. Community Development - Requirements - The following requirements have
been provided by the Community Development Office:
a. The proposal directly conflicts with PUD Review Criteria that calls for limiting
the use of security gates to the greatest extent possible.
10. Emergency Management Disaster Coordinator - Requirement - The
following requirement has been provided by the Pitkin County Disaster
Coordinator:
a. Agrees with the Fire Department's assessment of the gate's design.
11. City Environmental Health Director - Requirements- The following
requirements were made by the Environmental Health Director:
a. No comment at this time
12. Parks - Requirement- The following requirements have been made by the
Parks Department
a. No comment at this time.
(\
r)
13. Police - Requirements- The following requirements have been made by the
Loren Ryerson of the Police Department:
a. The gate must provide access for all emergency services at all times.
14. Utilities:
Water:
City Water Department - Requirement - As a request of the City of Aspen
Water Department, revisions need to be made as follows:
a. If the proposal for a security gate is approved by the Planning and Zoning
Commission, the water department will require that unlimited access be
provided by the applicant for maintenance and meter reading purposes.
b. Water Department will need gate combo.
Wastewater:
Aspen Consolidated Waste District - Requirement - The following was
provided by the Aspen Consolidated Waste District:
General
a. Applicant needs to show utilities on site map.
b. Gate posts and fence walls cannot be located on top of main sewer line or in
an area that may need to be excavated to repair or access the main sewer
line.
c. ASCD will need gate combo.
Holy Cross:
The following was provided by Bob Ballenger of Holy Cross Electric:
a. Holy Cross Electric will need gate combo for unlimited access for
maintenance and service calls.
b. One key to the gate for the entire company will not be sufficient.
AT&T:
The following was provided by AT&T Dispatch Department:
a. AT&T will need gate combo for unlimited access for maintenance and service
calls.
b. One key to the gate for the entire company will not be sufficient.
US West:
The following was provided by Randy at US West Engineering Department
o
()
a. us West will need a combo to the gate for unlimited access for maintenance and
service calls.
b. One key for the entire company will not be sufficient.
DRC Attendees
Staff: James Lindt Applicant's Representative: BiIIltzla
Nick Adeh
Other comments solicited via phone and e-mail.
,
,...."
Maroon Creek Construction Company
To:
The Planning & Zoning Committee
November 6, 2001
From:
Bill Itzla
MCCC
Proposed Privacy/Security Gate for Clubside. Response to the Memorandum
From James Lindt regarding this Publie Hearing.
" Sub.iect:
I believe that I understand the intent of the PUD Review Standard. N~jt to allow gated
communities that would incoJ'porate public roads or streets into that community. The
propei,ty in question is private property. The Town homes are private resideuces .located on
private property and serviced by a private road (Clubside Drive). Clubside Drive is owned
and maintained by the Clubside Homeownel"s Association. Therefore, I believe it falls outside
the guidelines and intent of PUD Review Standal.d 26.445.050(1)(6).
The owner's of Clubside would like to have the same privileges aV~lilable to them as allY othel'
h,omeowller. The want the right to limit those who come on their ptrOperty. They want their
children to play in their driveways and fcel safe about it, They want the right to keep
strangers from parking on their property and entering their pl'operty at all hours of the day
and night. In addition, there is a US Ambassador - Stuart Bernstein - who resides there. He
also, would like the added security that a gate would provide, ESIJecially, in light of the events
of Sept em her lIth.
There is adequate room and visibility for a vehicle to leave the area, should they not be
allowed to enter. There is mor,e turn around area and easier exit c~lpabilities than there is at
the Little Cloud Sub-Division, located in Aspen, at the corner of 1" Avenue and Cooper,They
have been approved and have installed a Privacy Gate for four residences. In addition, two
home ~ites within the Maroon Creek PUD have installed Privacy Gates. The Gilardi and
Gellel'Residences have installed similar gates. And there are over 12 other residences in
Aspen that have simIlar gates installed.
All delivery vehicles, (Federal Express, UPS, US Postal Service, etc:.), will be provided with
their own security codes for acccss to the property. The utility companies will be provided
with their own codes as well as a I{ey to the Knox Box. There will not be any need for delivery
vchicles, etc. to park on the street, as suggested in the staff review. The proposed gate
automatically opens when it senses a power outage (Battel")' Backup). When IJower is restored
itmllst be manually closed.
It appears that all of the emergency services are satisfied with the opel.ation of the gate. We '
have added an additional device to improve access for emergency services. In addition to the
Keypad and Knox Box for emergency vehicles there will also be a iClick2Enter Device.
CIick2Enter provides the emergency vehicle (Law Enforcement, FJiJ'e, Ambulance/Rescue) a
V' 870,820..:3403
:~oo Puppy Smith, Street, Suite 205-i2~54
t\~;per~, CQ!ol~ado ' 81611
f:ax <
.
"
.,
i!"'"".
Maroon Creek Construction Company
November 6, 2001
quick, safe, reliable and stealthy means to activate the gates. Thcy usc radio frequcncics from
thcirvehiclc radiotransmittcr to op,en the gate. ThcPublic Safcty Agencies are provided with
FCC-assigncdradio frequencicsfortheir radio transmitters. This solution willwork with
thcir current radios - both mobile and portable. With the proper fl'equcncy a vchicle, within
theprescl"ibed range, sends a radio signal to open thc gate. They send 2 short transmission
pubes from their radio transccivcr and the gllte is opened. Therc is additional, detailed,
literature available for your information.
I amaisldng on behalf of thc ClubsideHomeowners Association, that you approve the
installation ofthe SecurityfPl"ivacy Gatc.
Respcctfully,
Bill Itzla
MCCC
CC: Caryn Scheidt - Presidcnt Clubside Homeowners Association
, Bonnie Rosner - Chairmen Gate Committee
V : 970-920-9403'
300 Puppy Smith Street, Suite 205-2::"4
ASPEH'!, Co!arf~do 8161 'j
Fa).\; . 87 r).~92.rJ-3.f 40
';;'--
':,,;
" , - . " '" .
.'"....,,, ,-',',>",'.',.,0
,",""-L ,:,"','" ,_'
',,""','" ,"--,,
~i~:~;:j:!(::~\;:~;:~S{li.~~
'--";;,:,:,
,,'.'
,
",>.::',
:,:;",-.
"}_X',,::.:,
::;~)';,::'\-:,,\:::<:"i.":'\',:"-(;,:,:':::':',r' ::::,/)'':'-:',:'',', ",: " ,,__': ',: ';' :-::
irii1~~ill'~;~re~$ ioq~~iwit':el11e,ge')cie, as Ihky ,
.~,ib~er~!~I'm\#1 b~'~I'!)xirtiate' to the device Two
'f~~i9i1~!n~i:\1iv~iis~11 that is requiled 10 ihltiate
" '. -~:::;:":)':>-,~ ':~::"'>
':<':':(";
. '..-f,'ii.:,i'.i'.:::::;:S i'
-
--
..';"":':~"
//'-'\
/~> ;
.f',;'
n
130 S. Galena Sl.
Aspen CO 81611
(970) 920-5090
(970) 920-5439, fax
Aspe~/Pitkin
Com."unity
Development
I
Department
Fax
Fax:
From:
Ct ~.-\@, L ,'lA..dl
To:
Pages:
Re:
Date: II I O(
Phone:
PlI.IoJ,'" CC:
o Please Comment 0 Please Reply' 0 Please Recycle
. Comments:
f) 'II
I=:> f I
Please. t; 1I 0 IAJ. ~"'--e- 0. H-o.c i1ed qa"do.vI'J-
Shovv,'~ -MoJ- yo~ posfed f-. M.Q\'\d
Y\ ohee... PI e.a.s e- 0. H-r:.d-t flt'? pl-.ofo
oP +~e.. posl-ecJ. :>"I3V\ ql/tld q COf'y
0+ f~e I,'G/- f-ho..J-- yotA. tMQ( 'Ie.d fo
0( L1c1 JaV,'P1~ /1- 1-0 f-h C(. ~~elj./~~
Obt TiAoe.sdciy. I.f yo,lA.,oI01A,/t VtCt\)e...
CA CfJFJV oP +ltt.e. lAA.qt!1I1\ ~ l,s+ ld-
f\.t....-t.- k,^o~ :r:- COcA f3t...f.. VO~ qI/rOM€1/"
/1~alltks
.
JUL-18-2001 WED 12:59 f~
5
FAX ~
LAND USE ApPLICATION
PROJECT;
Name:
Location:
P. 02
(Indieale street address, 101 & block number, legal description where appropriate)
ApPLICANT;
Name:
eow C1~' v.:5
, J \
S5{)C/C/ho
C/
Address:
Phone #:
REPReSENTATIVE:
Name:
Address:
Phone #:
TYPE OF ApPLICA liON: (please check all that apply):
D Conditional Use 0 Conceptual PUD
o Special Review g- FinalPUD (& PUD Amendment)
o Design Review Appeal 0 Conceptual SPA
o GMQS Allotment 0 Final SPA (& SPA Amendment)
o GMQS Exemption 0 Subdivision
o BSA m 8040 Grccnline, Stream 0 SubdivisionExcmplion (includes
Margin, Hallam Lake alllft; condominiumi:allion)
Mountain View Plane
o Lot Split
o Lot Lille A(Uustment
o Temporary Use
o Text/Map Amendment
o Conceptual Historic Devt,
o },inalllistoric Development
o Minor Historic Devt.
o Historic Demo! ition
o Historic Designation
o Small Lodge Conversion!
Expansion
o Other:
I """'NO _~nOI." ('=rip"'o of ""'....lmil",... ,m", P'~""" ",pro,., ,tel
PROPOSAL: (description of proposed buildings, uscs, modiJicatiOllS, etc,)
I 7}c;~~:j rT1-TG
Have you attached the following?
o Pre-Application Conference Summary
o Attachment #1, Signed Fce Agreement
o Response to Attachment #2, Dimensional Requirements Form
D Response to Attachment #3, Minimum Submission Contents
o Response to Attachment #4, Specific Submission Contents
o Rcsponse to Attachment #5, Rcview Sh\J1d<\rds for Your Application
l
F'EES DUE; $
From: David Sherrill To: Maroon Creek nuction Co.
U1
n
,.
r
'"
z
o
-I
-I
o
~
III ~
~nn
C'lr>
~ e r./).
~ to r./).
~ r./). 0
~ ~ 1""\
00>
t'Tj~
t'Tj
U1
J:
'"
!:l
GJ
c
."
Dale: 6/26'r) Time: 6:44:36 AM
Page 2 of 2
, ,
i ,\
I \
u,.
-, ~Ij
. - -- ._n -.f%:
GJ
From: David Sherrill To; Maroon Creek CO~ion Co.
,. .;
zO~
m9~
1>0111
001>
I: 0
;UE
m:::;
a>m
-r
Om
mll
~~
m
VI
~
~
"
.j>..
II.
- ~
I ~
0, (l (l
or>
~ C r./1
~ to r./1
~ r./1 0
~~
~ tJ a
m>
~
m
VI
:r
'"
~
~
o
."
0J
Date: 6/26/2001 Time: 6:42:24 AM
f')
Page 20f2
Em
z~
ma>
E-f
8~
rE
cl>
:Ir
Zr
Eo'
Z
m
E
r
I>
z
-f
m
~
11
m
o
m
a>
{;I-f
I>~
iia
'I_~II
~"
From: David Sherrill To: Maroon Creek Construction Co.
Date: 6/26/2001 lime: 6:39:50 AM
Page 2 of2
FREE EXIT
LOOP
3'
S'
~
~
2"I.tbll
S'
1
h"
h"
e ~ II
'"
ENO OF a.ATE
OPEN POSITION
I a.RaJNO I
LOOP
~ f; e
'"
...
~
"'
'"
LOCATION OF
J.I.c, CONTROL
PANEL. SATTERY
e - SACKUP
)(
r
N
PICASSO GATE
CLUB~DE
SCALE, 3/32"=1' -0" DAK 6/2:"',2001 SHEEr 1 OF 3
w
,
--w-...'n--q:r-..----_.__
t1
()
~f
~~
~~
~
~
~
~
>'-"
~
~
~
~0
M
~- ~
s:
l"j (,(l+, "^~J
,^^" "" VI .". ,^,,, ,"' ~ ~ ^
~
~
.,j
~~
~
~~
~~
,l
~()
,
~
\;;;
~
~
p
t
~
~
~
J
I.
~
~ '.~ COn 'All
,
Jul 16 01 01, 32a f", David N. Rosner
970-544-0707
p.l
Bonnie L. Rosner
Attorney at Law
July15,2001
2599 N. W. 63'd Lane
Boca Raton, FL 33496
Tel. 561-241-3500
fax 561-241-0092
Pitkin County Building Department
Aspen, Colorado
Gentlemen:
Be advised that the Board of Directors of the Clubside Homeowner's Association have
passed a resolution electing to erect a security gate system at the entrance to the Clubside
homes.
Very truly yours,
.'7 . 0'./'/
'/.-!5;)~7t-W c'( J1~.o\.J
BOnnie 1. Rosner
Member of the Clubside Board of Directors
n
~
". .J,
130 S. Galena Sl.
AspenC081611
(970) 920-5090
(970) 920-5439, fax
Asp~n/Pitkin
Com~unity
Dev~lopment
Dep~rtment
,
Fax
To:
. (( I+-z.(
From: ~ lA~ -e..S
/--1 'vvJ t
Fax:
Pages:
Phone:
Re:
C:
o Please co~nt 0 Please Ret~'o Please Recycle
o Urgent
. Comments:
t"""'l
n
MEMORANDUM
To: Development Review Committee
From: Richard Goulding, Project Engineer
Reference DRC Case load Coordinator
oAAfTr
~"Y/!,,,,,,,_w_,ilIr
Date: October 22,2001
Re: Clubside Drive
The Development Review Committee has reviewed the PUD Amendment for a Security
Gate to be constructed at the entrance to Clubside Drive at their October 17,2001
meeting, and has compiled the following comments:
General
1. Sufficiency of Submittal: DRC comments are based on I!he fact that we
assume the submitted site plan is accurate, that it shows all site features, and
that proposed development is feasible. The wording must be carried forward
exactly as written unless prior consent is received from thE~ Engineering
Department. This is to alleviate problems and delays related to approvals tied to
"issuance of building permit."
2, R.O.W. Impacts: If there are any encroachments into the public rights-of-way,
the encroachment must either be removed or be subject to current encroachment
license requirements.
Comments
1. Fire Protection District - Requirement-
Fire Protection District requests the following revisions be made:
a. Has approved the gate type and requires unlimited access to Clubside Drive.
2. Ambulance Services - Requirement -
a. No comment at this time.
3. Transportation - Requirements- The information were forwarded by
Transportation department:
a. No comment at this time
4. Building Department - Requirements - The following requirements were
forwarded by the Building Depcll'tment:
a. No comment at this time
5. Parking - Requirement - The following requirement has been forwarded by the
Parking Department:
r-"
a.
No Comment at this time.
DRAFT
""""'~'-~"'''''''"~, ~~~ -
6. Engineering Department - Requirement- The following requirements have
been provided by the Engineering Department:
a. Requests that if the proposal is approved, then the applicant shall be required
to prepare a plat and record it with approval signature blocks from the City of
Aspen Fire Protection District, City of Aspen Water Department and
Sanitation Department, City of Aspen Community Development Department,
City of Aspen Engineering Department, Rich Walker of the Ambulance
Services, HolyCross Electric, US West, and AT&T. The plat shall show the
design of the gate, the location of the gate, and will confirm that an access
plan has sufficiently been provided for each of these utility services.
b. The design of the gate shall contain a mechanism that opens that gate in
case of a power failure of greater than an hour.
7. Streets Department - Requirement- The following requirements have been
provided by the Streets department
a. Feels that the gate is a bad idea for emergency reasons, but the City does
not maintain Clubside Drive.
8, Housing Office - Requirements - The following requirements have been
provided by the Housing Office:
a. No comment.
9. Community Development - Requirements - The following requirements have
been provided by the Community Development Office:
a. The proposal directly conflicts with PUD Review Criteria that calls for limiting
the use of security gates to the greatest extent possible.
10. Emergency Management Disaster Coordinator - Requirement - The
following requirement has been provided by the Pitkin County Disaster
Coordinator:
a. Agrees with the Fire Department's assessment of the l~ate's design.
11. City Environmental Health Director - Requirements- The following
requirements were made by the Environmental Health Director:
a. No comment at this time
12. Parks - Requirement- The following requirements have been made by the
Parks Department:
a. No comment at this time.
1""\
t'")
,
City Water Department - Requirement - As a request of the City of Aspen
Water Department, revisions need to be made as follows:
OBAfT'.'
""...,."..-
"^ I. ~ _
14. Utilities:
Water:
a. If the proposal for a security gate is approved by the Planning and Zoning
Commission, the water department will require that unlimited access be
provided by the applicant for maintenance and meter reading purposes.
b. Water Department will need gate combo.
Wastewater:
Aspen Consolidated Waste District - Requirement - The following was
provided by the Aspen Consolidated Waste District:
General
a. Applicant needs to show utilities on site map.
b. Gate posts and fence walls cannot be located on top of main sewer line or in
an area that may need to be excavated to repair or access the main sewer
line.
c. ASCD will need gate combo.
Holy Cross:
The following was provided by Bob Ballenger of Holy Cross Electric:
a. Holy Cross Electric will need gate combo for unlimited access for
maintenance and service calls.
b. One key to the gate for the entire company will not be s:ufficient.
AT&T:
The following was provided by AT&T Dispatch Department:
a. AT&T will need gate combo for unlimited access for maintenance and service
calls.
b. One key to the gate for the entire company will not be sufficient.
US West:
The following was provided by Randy at US West Engineering Department
a. US West will need a combo to the gate for unlimited access: for maintenance and
service calls.
b. One key for the entire company will not be sufficient.
^
~
,
DRC Attendees
l
Staff: James Lindt Applicant's Representative: Billltzla
Nick Adeh
Other comments solicited via phone and e-mail.
r"\
OctoberS, 2001
To: James Lindt
Planning Technician
From: Jim Caparrella
City of Aspen - Electric Department
Re: Clubside Drive Security Gate
We have nothing out there.
~
/......-.
" 1
rl
Phil Overeynder, 04:19 PM 9/26/01 -0600, Clubside Drive--Security Glite PUD Amendment
Date: Wed, 26 Sep 2001 16:19:42 -0600 (MDT)
X-Sender: philo@water
X-Mailer: Windows Eudora Pro Version 2.1.2
To: jamesl@cLaspen.co.us
From: Phil Overeynder <philo@cLaspen.co.us>
Subject: Clubs ide Drive--Security Gate PUD Amendment
Cc: leel@cLaspen,co.us, ryanm@cLaspen.co.us, nealg@cLaspen.co.us,
lonniew@ci.aspen,co.us
James,
Thank you for the opportunity to review the proposal to install a security
gate at the entrance to Clubside Drive at the Maroon Creek Club. The Aspen
Water Department accepted the water system serving this area under the
initial PUD approval which did not restrict access to the site.
Installation of a security gate will affect the operation and maintenance of
the water system as well as raise issues regarding access to the site for
purposes of meter reading and billing utility customers. If you accept tile
proposal to limit access to the site through installation of a security
gate, the water department will require a plan to provide access for its
operating requiremnts.
Thanks again for the opportunity to comment.
Phil Overeynder
Utility Director
Printed for James Lindt <jamesl@ci.aspen.co.us>
1
Cl~. 12.2001 3:44PM KAUFMAN & PETERSON
r"\
t"')
NO. 0882
P. 1
LAW OFFICES OF
KAUFMAN & PETERSON, P.C,
315 EAST HYMAN AveNUE. SUITE 306
ASPI5N, COLOAADO 81811
TELE:PHON!
(>70) 92501116
FACSIMILE
(070) .25-1090
FAX COVER SHEET
{.W
TIME:
October 13. 2001
3;4!~ L.M.
...- .~. .-:, -...
ji..V~-,fI,...., ~
DATE:
TO:
J
indt
FROM:
,
Lisa J. Klonoski
pages faxed (including this Fax Cover Sheet)
,I,~ ii
< .
. .
RE:
CI
at
reek - Declaration
s and Restrict!
MESSA'E: Dear James:
ryourrequest, attached please find a copy of the Declaration of Covenants, Conditions and
Restricti os of Clubside at Maroon Creek.
Lisa
CONFIDENTIALITY ~onCE
'_:~ infonnation oontaitled mor BttaCl1ed to this fax transmission is intcJl<Jed~nly for tho col'lfidentlal use of the individual(s) named above.
If you arc n the named recipient or JrI ~t responsible rOt delivering it to the. named'recipient, you ero beteby notif!.Qd that you have rcocived this
document j etro.l' and thatreview, disSCIPication or copying Mthia commun;cation. is prohibited. If you have received !hi! QOnlD1WJice.Li<ln. In error,
please not! US immediately by telephone cmd rtl1lttl. the facsimile document to uS by mall, Think you,
i \'~
,
n:
',~
"
..1
,
,.
,j
o T. 12. 2001 :44P~ KAUFMAN & PETERSON
\...,/
,
.,. ,,,,,'-'.' ~-'
"
(C,
NO. 0882 P. 2
v
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
"
OF
CLUBSIDE AT MAROON CREEK
f 1111111111111111111111111111111111111111111111111111111 '
418783 06/30/1998 09110R COVENANT DAVIS SILVl
1 of 50 R 251,00 D 0.00 N 0.00 PITkIN coUNTY CO
!
!
;
"
.\
~
~. t
OCT. 2. 2001
3: 4PM KAUFMAN & PETERSON NO. 0882
rl IILIIIII 111111 111111 II 11111 111111;: II~~IIIIIII
41B7B3 0&/30/199809:10ACOYEHANT DAYIS SILVI
2 of !0 R 2!1.00 0 0.00 N 0.00 PITkIN COUNTY CO
"t
p, 3
.
t
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
OF 'i
CLUBSIDE AT MAROO~ CI{EEK
'j';'/'.i.'.',)'
TABLE OF CONTENTS
~' .
DECL nON. . . . . . . . . . . . , . , . . . . . . . . . . . . . . . .. . . . . . . . . . . , . . . . . . . 1
1.1
1.2
1.3
1.4
1.5
1.6
1.7
,..
1.8
1.9
1.10
1.11
1.12
1.13
DEFINITIONS
( ..,_....__..........._..... 2
.. .........................,
E.1l~;;l!tive Board. ......,............,...., '" . . . . , . . , . . . . . . . . . . 2
....................................2
....................................2
e. ,.................. _ , . . . _ . . . . _ , . , . . . . . . . . . . . . . ,. 2
. . . . . . _ , . . . . . . . , . , . . . . . , . . . . . . . . . . . . , , . . . . . . . . . . . , . _ 3
. ........:.................. ..,.................,.......... 3
. .......................:..'
.........__................ 3
t' .. _... _.....,.......,.,...".. -... -.....
.............. 3
, 3
. .................... ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ee. . . . . . , . . . , . . . . , . , . , . , . . , . . . . . . . . . . , . . . . . . . . . . . . . .. 3
. 4
rcbrovement. _ . . . . . . . . . . , . . . . . . . - . . . ' . . , ' . , . - . . . . ' . . . . . . . . . . . . . . .
/.Lc;.; "
4
........,............ .
... -..................
i
I
OCT, 2.2001 3:E4PM 1""\ KAUFMAN & PETER?ON
":1 II I1I1111111 111111 11 1IIIhfilllll III 11111 1111 1111
418 83 0&/301 S8 08.10A COVENANT DAVIS SXLVI
3 0 !0 R 251. e D 0.00 N 0.00 PIT~IN COUNTY CO
D:E,c; TION OF COVENANTS, CONDmONS AND RESTRICTIONS
ruBs AT MAROON CREEK
1.14
1.15
1.16
1.17
1.18
.. 1.19
1.20 .
2.1
2.2
2.3
2.4
2.5
.... 2.6
.'
2.7
2.8
.1:11'....
2.10
I
r)
NO, 0882 P. 4
'-/
TABLE OF CONTENTS
........ . . ... _.. .. .... . .. . ,. ... , , . . _ . ....... , , .... .. .. 4
...........,.. .... ....... _,......., ...,........ .... ..' 4
. .................,...................................4
e. . . . ...... . . ... . . ..... . . . . .. . . . . . ' . . ." .' .. . . ." .. ..".... 4
. ..."......... .......',... _, ................... 4
. ... .........................,.., _....,,' .. ...............,. 4
" ........... _. . . .. . ..., .... . ... '" _.... ..' 5
OWNERSHIP
. ..' . . .. ... . . . .. .. _ , . .. . .. .. . . . . ." . . .... .... 5
: C e
.......................__......5
"....,.......... .
............................... 5
6
.......... 6
................,............'.......,. 'J
, , . .,. .. . _ ...' , . . ." ..' . .. . . .., ...... . ...,. 7
. ............................ 7
.............................7
~V!TId SQl)'lmOn PropeI\Y. ,............... _ . . . , . . . . . , . . . . . , . . .. 7
ii
,
,
OCT. 2.2001 3: 4PM KAUFMAN & PETERSON
~ I 11111111111 II IIClI IIIJIIIIIII III 1111111111111
41 783 06/38 SSS 09,18A COVENANT DAVJS SJ~VJ
4 f 50 R 25 .00 D 0.00 H 0.00 PXTKIN COONTY CO
DECLA TION OF COVENANTS, CONDITIONS AND RESTRICTIONS
CLUBSID AT MAROON CREEK
r'
,
!i
,
,.
.
3.1
3.2
3.3
3.4
4.1
4.2
n
NO. 0882 p, 5
\.-1
TABLE OF CONTENTS
PROPERTY RIGHTS '
',->f.,J
t
,...................................... 8
.. . . . . , . ,...., . . .... . . . . . . ' ... . . . . ...... .... . ." 8
. .................................. 8
J,f _........................".................... _. 8
EASEMENTS
"................... 9
........... -... -....
a
d ..
....................9
. ..........,"......
4.3 Er',;cl1:encv Easement. .".......................,.,...,.,........., 10
~
4.4
"
".
5.1' ><
5.2
,.
,.
5.3
~
5.4
5.5
j
E
ent. ........,.,.................,...,. 10
THE ASSOCIATION
. . . . . . . . . . . . . . ,. 10
. -..........."......... -......,...
12. ..;................" . , . . . . . , . . . . , , . . . . . . . , . . . , . . . .. 10
V'
. . . . . , . , . . . . . . . . , , , ' . . , . . . . . . , . .. 10
. . . . . . . . . . . . . . . . . ' , . , . . . . . . . . , , . , . . , . . . . . . . ' . . .. 11
5.6 . . , , . , , , . , , , . . . . . . , . . . . . , , ' , . , . . . . . . . , . . . . . . . . , . . . . . . .. 12
. . . . , . . . . . ' . . . , . . , ' , . ' . . . . . , . , . . . . . . . . , .. 11
"
t
5.7 f;.wers.. . , , . . . . . . . . . , . . , . . . . , . . . . , . . , . . ' . . . . . . . , , . . , , . . . . . . ". 12
~
5.8
5.9
...
. .,."...,...""....,...............".. 13
. . . . . , , . . . . . . . ' . , . . . , ' . ' , . . . . . . . . . . . . . . , . . . ' .. 13
Hi
OCT.
,..
,
2.2001 3)':4PM,......." KAUFMAN & PETERSON
11111I1111I 11111111)/11 )nil 11111111 III 111111 III 1111
18783 0S1 11918 09:1011 COV!HANT DAVISSZL.VI
1 0' !UIl R !5U10 D 0.00 N III .0IfpI'I'J(fN couH'tv CO
and be enti rceable by Declarant, its successors in interest, each Owner and each Owner's grantees
and succ sors in interest, and Clubside at Maroon Creek Owners Association, Inc. and its
. . I'
successors m mterest. I
A
NO. 0882
p, 6
'-.."
1. DEFINITIONS
Th following terms shall have the fOllowing meanings when used, unless the context
otherwise quires:
1.1 "Association " shall mean and include Club:,ide at Maroon Creek Owners
As ociation, a Colorado non-profit corporation, Its successors and assigns.
1.2 Ezcutive Board. "Executive Board" or "Boa;~" shari mean and include the governing
b y of the Association as provided in this Declaration, the Articles of Incorporation and
th By-Laws thereof.
1.3 d', "Building" shall mean and include any Building intended for residential
oc pancy constIucted on the LotS on the Properties as shown two dimensionally,1&..,
wi vertical boundaries only, on the Plat . '
.''''')',.;'".v
:'-/,"/":";':,,:",:":,:,:,'
1.4 . "Common Property" shall me:h;: :h;:d include all of the Properties and
all f the Improvements now or hereafter constructed thereon, or which may be common
el ents as defined in C.R.S. g 38-33.3-1034(b) ofllie Cotll1Inon Interest Ownership Act,
ex luding, however, the Lots and Buildings thereon. Tbe Common PropertY shall be
o ed by the Association, Common Property may be designated as Common Area on the
PI ,Those portions of Lot 50 not platted as Lots by the Plat or supplemental Plat will be
co veyed to the Association by the Declarant.," ' ,
'.'." ..' ",-,.,
"'::':""':""."';"""''','.,'.,'
. .." ':' ," ". ': ,: ~.., :,' '. ::'," ':..
Common Property shall include all tangible physical properties or the Project, except
th 'i Lots and Buildings. Common Property specifically includes all lawn and landscaped
arhs, all play areas, all parking areas and all d~ive and w~L1kways Within the Properties.
,. ': .~
C in areas may be designated on the Plat as Limited Common Property. Those areas
ar specifically reserved for the use of one or some', but less than all of the Lots, all as
m e fully hereinafter defined.
1.5 e. "Common Expense" sball mean and refer to:
}
1. .1 Expenses of administration, operation or 'management, repair, maintenance or
replacement of the Common Property: '
2
t
,
i.
OCT. .2001 3: 4PM f"\Kpllr"^'~ .& PETERSON
, '1 1111111I111 II 1IIItl II Illdllllllllll 111111111 1111
41 783 al/30 1998 e9110A COVENANT DAVIS 51 LVI
1 0' 50 R 2 1.00 D 0.00 N 0.00 PITKIN COUNTY eo
1.52 Expenses declared Common Expenses by the provisions of this Declaration, the
Articles of Incorporation and By-Laws of thr Assodation:
,-"
F,'j
NO, 0882 P. 7
--I
1.5 3 All sums lawfully assessed against the Lots by the Board of the Association;
t
1.5"4 Expenses determined to be COmmon Expenses by the Association;
.
1.5 5 Expenses as are provided in any management agreement applicable to the
Properties; and'
1. 6 Expenses of insurance carried by the Association a,s provided for herein.
1. 7 Expenses of the maintenance of the exteriors and roof systems of the Buildings by
the Ass:c-i~+;'Jr as hereinafter provided for.
;,1,
W , "Common Wall" shall mean any common structural or non-structural wall
ails separating any twO (2) of the Buildings as shown on the Plat. The Owner of a Lot
I be deemed to own as a part of such Owner's Lot to the midpoint of the width of the
on Wall which separates such Owner's Lot, from the adjoining Lot which also shares
'i.',!; 1
Common Wall. F' I,i, !
!,,!
, "
1.6
1.7
"Lot" means the land referred to by the same numbered designation located and
deFibed on the Plat showing the same and inclu,des the, Building thereon. Lot shall have
th-~ same meaning as "Unit" as defined in 38-33.3-103(30) of the Common Interest
o nership Act.
1.8
, "Declarant" shall mean and include RL DEVELOPMENTS, INC.,. its succes-
so and assigns for which a notice of assignment of Declarant's rights hereunder is
re rded in the records of the Office of the Clerk ,and Recorder of Pitkin County,
C orado, specifying the assignee of Declarant's rights.
. ' ~,~
1.9
. , "':'i",c'ration" shall mean and include this instrument together with any and
al supplements and/or amendments hereto rec,orded in the records of the Office of the
C rk and Recorder of Pitkin County, Colorado.'.
,+
1.10
. "First Mortgage" shall mean ;md refer to any unpaid and outstanding
m rtgage, deed of trust or other security instrunient recorded in the records of the Office
o the Clerk and Recorder of Pitkin County, Colorado encumbering any Lot having
pr riry of record over all other recorded liens except those governmental liens made
s erior by statute (such as general ad valorem'taxHens and special assessments).
~ i g ;
"
,
a
-t . "First Mortgagee" shall mean and include the holder or beneficiary of
recorded First Mortgage encumbering a Lot. ' .
1.11
..;:}
3
OCT. 2.2001 3J5PM KAUFMAN & PETERSON
; 1'11111111I111111 1111WIIIIl'11f1111l III 1111111111111
4188308/30/ 98 09:1l/JA COVENANT DAVIS SILVI
13 '!l0 R 2! 00 D 0.00 N 0.00 PITKIN COUNTY eo
,t""'\
NO, 0882 P. 8
--/
1.12 "Improvement " or "Improvements" shaIl mean and refer to any
im rovement constructed on the Project, including, but nelt limited to any Building, out-
bu ding, structure, flXtute, landscaping, site grading, driveway, sidewalk, drainage
c el, culvert, roadway, fence, wall, deck, patio, parking structure, shed, playground
fll; it)', swimmi"ll! pool, or pond, located on any part of tbe Project or Properties.
1.13 't . "Limited Common Properly" means those parts of the
on Property that are either limited to and reserved for the exclusive use of an Owner
Lot or are limited to and reserved for the COm.rD.oIlus:eof more than one, but fewer
all, of the Lot Owners, which Limited CormhonProperty is deemed to be inseparable
ap rtenances to such Lot or Lots identified on the ,Plat with the legend "L.C.P" and a
de . gnation of the Lot to which such Limited Common Property is appurtenant.
itionally, Limited Common Property shall mean and, include without limitation, storage
ro !!IS, common satellite T.V. systems and parking ,area ~iI1d yard area that is accessible
fre 'n, associated with and/or which adjOins a Lot. as may be designated, located or shown
on e Plat by legend, symbol or word, and shall, without further reference thereto, be
us in connection with such Lot to the exclusion of the use thereof by the other owners
of ots except by invitation. " ,
1.14 . "Member" shall mean and refer to those persons entitled to membership in the
",' A ociation. "Member" and "Owner" (as hereinafter defined) may be used
in rchangeably herein, unless the context provide~ ?tI1erwise.
1.15
1.16
1.17
1.18
.. ~c\. ':,~
t a . "Mortgage" shall mean and include any recorded mortgage,'deed of trust or
r security instrument by which a Lot or any part therf:of is encumbered.
. "Mortgagee" shall mean and include a beneficiary under a Mortgage.
, 1<<1.
"Owner" shall mean and include any peI'~on or e:ntity, including the Declarant,
at y time owning a Lot. The term "Owner" shall not refer to any Mongagee as herein
d med, unless such Mortgagee has acquired title pursuant to foreclosure, or any
p,.;,ceeding in lieu of foreclosure. The terms :Owner" and "Member" (as hereinabove
d'1ned) may be used interchangeably herein, Unless the context provides otherwise.
~ !~: .':!
, c. "Properties" and .Project" shall ml:lm and refer to that certain real
pert)' described on the Plat, The Project shall iriclude the Properties, Lots, Buildings
Common Property.
"i
1.19 . .Plat" shall mean and refer to the Final Subdivision Plat or Plats of the Properties
w 'ch is prepared of the Project and which is prePared in. accordance with C.R.S. ~ 38-
3 .3-209, whi.ch, Plats shall include a survey of the Properties, the Lots and the Common
P erty, and shall have been properly recordecl in the records of the Office of the Clerk
Recorder of Pitkin County, Colorado. Plat shall.,mean and include any engineering
'., "^.I
i
4
,
OCT.
2,2001 3: 5PM KAUFMAN & PETERSON
Hili 11111 111;:;11 Ii rim 111111111111111111111111
18783 0&/ /1998 09:10A COVENANTCAVIS SILVI
0' 50 R 51.00 D 0.De N 0.00 PITkIN COUNTY co
ey of the Properties depicting and locating thereon, two dimensionally with vertical
daries, all of the Improvements including the Improvements constructed thereon,
ding but not limited to a lot survey of the Lo,ts depicted thereon, and any other
iog or diagrammatic plan depicting a part or all of the Improvements and land fanning
a p of the Properties which are included in this,Project. 'The Plat or any Supplemental
Pia, shall depict and locate the Lot on which each Building is located, and designate the
I . ' .,~
sar- e by numbered lot designation. The Plat ~i11 b,e filed for record first as to Lots 1
thr ugh 6, inclusive, and as to Lots 7 and 8, construC!tion of Improvements shall be
su tantially completed thereon.
t')
;i
NO. 0882
p, 9
\.../
1.20
at Mar
erties.
. ",.' ,
"Clubside at Maro~n c~~k" shall mean the Project and the
2. OWNERSHIP
2.1 w e Declarant hereby submits the Project and the Properties to
o ership pursuant to the Colorado Corrunon Interest Ownership Act as the same exists
on the date this Declaration is recorded in the records of the Office of the Clerk and
Re order of Pitldn County, Colorado.,' i
'\~ ,
2.2 e d e t. nveyance. The Properties are
he by divided into Eight (8) fee simple estates, (e., tOls, each of which is or will be
irr:roved with a single family townhouse residence sharing a Common Wall or Walls with
a ,,' gle family townhouse residence on an adjOining Lot or Lots, and the Common
Pr erty. Declarant has the right at all times to conStruct Buildings on any Lots which do
no have Buildings thereon. The Declarant has no 'right to enlarge the Project beyond
Ei t (8) Lots. Lots 1 through 6, inclusive, are ,shown on the Plat. Lots 7 and 8 will be
10 ted in the area of Lot 50 shown on the Plat lying northerly of Clubside Drive
de gnated therefor, and ownership of that portion lyiIIg northerly of Clubside Drive shall
co tinue to be owned by the Declarant, upon the ,condition that upon the filing of a
S plementaI Plat creating Lots 7 and 8 all other portions cf the Lot 50 lying northerly of
Cl bside Drive ~t1!1 be designated as Common Property.
: ;\ ,i:' ~
2.3 . ti
~,
2. .1, Every contract for the sale of a Lot written prior t'D the recording of the Plat and
this Declaration may legally describe a Lot by its identifying Lot designation,
followed by the words "Clubside at Maroon Crel?k".. The location of such Lot shall
be depicted on a Plat subsequently recorded. Upon recording of the Plat in the
records of the Office of the Clerk and Recorder of Pitkin County, Colorado, such
~ description shall conclusively be presum~ to relat,: to the Lots described therein,
(;,
5
.'
i
211~;1; ~11;I.t~~I~~II;r;( Ililll. EI~S;;~llllllnl
18783 "61 "111198 0S110R COVENANT DAVIS SILVI
! ar !0 R 251.0" D 0.00 N 0.0~ PITKIN CO~NTY CO
2. 2 Afte~ the Plat showing a Lot, and this Declaration have been recorded, every
contract, deed, lease, Mortgage, deed of trust, will or other instrument may legally
describe a Lot as follows (with the recording pr~per references filled in):
A
:1
NO, 0882
P. 10
OCT.
'-"
Lo~ ,Clubside at Marooll Creek
according to the Plat the.reof filed for record
;; )
Every such description shall be good and sufficient for all purposes to sell, convey.
transfer, encumber or otherwise affect the' Lot, and the Improvements thereon and
incorporate all of the rights, limitations, and burdens incident to ownership of a Lot
as described in this Declaration and th: PI~t., Each such description shall be
construed to include a nonexclusive easel11ent for ingress and egress to and from
an Owner's Lot and the use of aU Cammon Property. except as otherwise limited
hereby or the Plat, the Articles of Incorporation or By-Laws of the Association or
rules and regulation promulgated by the Associatiol1.
in. .':,1
,
2. 3
The reference to the Plat and Declaration in any instrument shall be deemed to
include any supplements or amendments to the'Plat or Declaration, without specific
reference thereto. '.,
2.4 The Plat shall be recorded prior to the conveyance of any of the Lots shown
eon, The Plat shall confono to the requirements of the Colorado Common Interest
ership Act, as then in effect and shall depict and show in the aggregate at least the
wing: the legal description of the Properties' and a survey thereof; the location of the
I . .
Lo , two dimensionally (i, e., with vertical boundaries); the location of the Buildings in
re rence to the exterior boundaries of the Properlies;tl1e thickness of the Common Walls
be een or separating the Improvements on the, Lots; the location of any Common Wall
10 ted on a Lot; and two-dimensional location ofth~ roof overhangs encroaching onto the
air pace constituting a part of an adjoining Lot together with a three-dimensional (i.e.,
~ ho ontal and vertical) depiction of any such overhang, or a typical thereof where there
ar multiple roof overhangs of the same configuration aDd dimension. The Plat shall
co . the certifIcate of a registered, licensed Coloilido land surveyor certifying that the
PI , substantially depicts the actual or intended location. and the vertical measurements of
~., . " ,', '. '.
thdLots and ~provements, In interpreting the Plat, the existing physical boundaries of
e separate tot with the BUilding thereon as constructed shall conclusively be presumed
to e its boundaries,
2.5 . ': Combination of Lots, Each
, as well as all other appurtenances, rights and burdens sball together comprise one Lot,
ch Lot shall be inseparable and may be conveyed,leasedl, devised or encumbered only
Lot. No Lot may be further subdivided, timeshared or broken into any fractional fee
yother fort;l of interval ownership or estate. The foregoing shan not be construed
6
OCT.. 2, 2001 3: 5PM r KAUFMAN & PETERSON
III 1111111111 11I11111)1II11'd111l III 1111I11111111
418 3 eS/30/t 98 09:10A COVENANT DAVIS SILVI
16 !0 R 2!1 ee D e.ee N e.ee PITKIN COUNTT CO
(')
NO, 0882 P. 11
......./
to ohibit the combinations of adjacent Lots with the accclmpanying removal of portions
of ommon Walls,
: 2,6 a e . . Declarant shall give written notice to the Assessor of
Pi 'n County, Colorado, of the creation of common ownership in the Project, as is
pr ided by law, so that each Lot shall be deemed" a separate parcel of real estate for
pu,,poses of separate assessment and taxation. "
~<
2.7 ': 't . A Lot may be held and owned in any real property tenancy or
te recognized under the laws of the State of Colorado.
, "
2,8 te e t i . For \:ilch Lot the allocated interest
(" oeated Interest") for purposes of the percentage of CClmmon Expenses to be paid by
tha Lot and voting rights in the Association shall be equal to the allocated interest of each
of e other Lots and is based upon substantial similarity in size of all BUildings on all
Lo Each Lot' J Allocated interest shall be one-eight (1/8th).
2.9
if
.
2.10
The Common Property shall be owned by the
As ociation. By the acceptance of a deed or other instrument of conveyance or assign-
me t, each Owner specifically waives any right :iD.d agrees not to institute andlor maintain
a p 'tion action Or any other action designed to cause a division of the Common Property.
E Owner agrees that this Section 2.9 may be pleaded ,as a bar to the maintenance of
an action. A violation of this provision shall entitle the Association to personally
co, ct, jointly and severally, from the parties violating this. Section, the actual damages
anc~ ;;osts, including but not limited to the costs ,and fees of counsel, that the Association
incZrs in connection with such an action. FUrther, 'all .owners and the Association
co nant that, except as provided in Section 10.,1 ~t, seq., . they shall neither. by act nor
o 'ssion seek to abandon, subdivide, encumber, sell or tnnsfer the Conunon Property
wi out first obtaining the written consent of that number ':If the Owners and of the First
M gagees of the individual Lots as provided herein: An)' such action without the prior
WI en consent of the requisite number of First Mortgagees shall be null and void.
"',':i Ii'
d . Each Owner shall be e:ntitled to exclusive ownership
possession c':; such Owner's Lot (subject to the right and obligation of the Association
pair. maintain, and improve the exterior as, hereirnlfter provided for and the right of
ers of adjoining Lots with respect to Common Walls) the right of ingress and egress
a public way, and rights in easements cre.ated hereby. Each Owner may use the
on Property in accordance with the purpose for which it is intended, without
ering or encroaching upon the lawful rights of the other Owners. The Association
adopt roles and regulations governing the use of the Common Property as hereinafter
m e fully provided for, but such roles and. regulations shall be uniform. and
no discriminatory. Each Owner, by the acceptance of al deed or other instrument of
c04\veyance or assignment, agrees to be bound by the existing and subsequently adopted
" and regulations. The Association shall be empowered to adopt rules and regulations
, ')1
7
oc: rl~11 o111ll31llllll~ I;UllllllllltlD IIIII~
8783 08/3*/1998 ee:10A COVENANT DAVIS SlLVt
0' 50 R 51.00 D 0.00 N 0.00 PITKIN COUNTY CO
go erning the use of parking garages, areas and facilities ccmstituting Common Property,
pr vided that such rules and regulations shall be uniform and nondiscriminatory.
t'"""\
~ J
NO. 0882
p, 12
........1
3. PROPERTY RIGHTS
3.1 'ms of Enjovment. Except as otherwise provided in Article 2 hereof,
ev ry Owner of' a Lot shall have a nonexclusive right in common with all of the other
o ners to the use of sidewalks, open areas, landscaped ar,eas, streets and drives located
wi . n the entire Project. In addition to the rights of use herein described and elsewhere
de cribed in this Declaration, the Association, its Executive Board and its professional
M nagement Contractor (as hereinafter defined), if any, shall have an unrestricted
,. irr vocable easement to traverse, cross, and utilize any pOltion of the Common Property
an any Lot which may be necessary in order to,maiD.tam, tepair or replace the Common
Pr perty.
3.2 Ils. egation of Use. Any Owner may delegate, in accordance with the By-Laws, such
o ner's right of enjoyment to the Common Property, to lhe members of such Owner's
t: i1y, tenants, invitees or contract purchasers )'IhoFe~ide at such Owners' Lot,
3 . 3 ech ., . No person or entity furnishing labor or materials
to Lot with the consent or at the request of an Owner, such Owner's agent, such Owner's
. , c' tractor or subcontractor, shall be entitled to file a;.mechanic' s or other lien against the
on Property or the Lot of any other Owner who has not consented to or requested
work. Each pwner shall indemnify and hold hanDless each of the other Owners and
Association from and against all liability arising from the claim. of any mechanic's or
r lien against'the Common Property or any other Owner's Lot for construction
ormed or labor, services or materials furnished or supplied to the Owner's Lot at the
r' s request. Notwithstanding anything in this Section to the contrary, any Mortgagee
Lot who or which shall become the Owner of that Lot pursuant to a lawful foreclosure
or the acceptance of a deed' in lieu of foreclosure shall be under no obligation to
mnify and hold harmless any other Owner or the Association for claims arising prior
e date such Mortgagee shall have become an Owner.
3 ,4 te . . In all respects the ownership and
us of the Lots and Common Property shall always be subject to the terms, conditions and
pr visions of the Master Declaration of Protec~ive CovenalIlts for Maroon Creek and. all
d executed supplements thereof or changes Or amendments. thereto. In addition to each
0' ner's membership in the Association, each Owner shall, upon succeeding to the title
of Lot automatically become a member of the Maro~n Creek Club Master Association
shall be subject to all duly adopted rules and regulations thereof and to the rights,
ileges, burdens and obligation associated with ~ch membership.
8
,
. ,
o T. 12.2001
3:45~, KAUFMAN & PETERSON ~
111\ 1111.1 Ii iilii1\l111l11111!~!1 !ll~JI
11.18 ege'10e~ eO~EN0:~1~tN COUNTT co
51,ell 0 . u n u.
4. EASEMENTS
,
NO. 0882
P. 13
,
;
1111\111111
418183 e81
1. .1 511 It
-,
4.1 e . If any portion of the Comml)O Property now or hereafter
ncroaches upon any Lot, or jf any portion of any Lot, including but not limited to roof
verhang's of Buildings, now Or hereafter encroaches UpOll any other Lot or upon any
ortion of the Common Property, as a result of the construction of any Building or
\1provements, or if any such encroachmenrs shall Occur herc:after as a result of (i) settling
t shifting of any Building or other Improvements (ii) alteration or repair to the Common
roperty. or (Iii) repair or restoration of one or more Building or Improvements after
amage by fire or other casualty, or condemnatipn or eminent domain proceedings, or (iv)
or any other reason, a valid easement shall be deemed to exist for the encroachment and
or the maintenance of the slime shall exist so long as the Building or Improvements stand
r the encroachment shall exist. In the event any Building" Lot, or adjoining Common
roperty shall be partially or totally destroyed or taken as a result of condemnation or
minent domain proceedings and then rebuilt at, the same location, encroachments due to
's rebuilding shaH be permitted, and valid easements for such encroachment and the
aintenance thMeofshall exist so long as the Building or other Improvements shall stand.
e foregoing encroachments shall not be construed or detl~rmined to be encumbrances
ither on the Common Property or on any Lot affecting the marketability of title to any
ot. In interpreting any ,and all provisions of this, Dec1araltion, subsequent deeds to or
ortgages relating to Lots, the actual location of a Lot and Improvements thereon shall
onclusively be deemed to be the property intended to be conveyed, reserved or
ncumbercd, notwithstanding any minor deviation from the location oC such Lot or
provements indicated on the Plat. Easements Cor roof overh.angs shall constitute
asements as well for rain and snow t'UIloff from, roofs lmd overhanging roofs onto
djoining Common Property and Lots.
. An easement is h~rCby granted to the Association, its.
fficers, directors, agents, employees and assigns upon, across, in, over and under the
OlIUnon Property and the Lots as may be necessary or appropriate to perform the duties
nd functions which i~ is obligated or permitted to perform pursuant to this Declaration,
eluding the right to construct and maintain on the Common Property maintenance and
torage facilities for the use of the Association ,and for the lnsr.aIlation, maintenance, repair
d replacement of underground utlllties to serve the Lots and Common Property as shall
e installed in the construction of th.e Buildings th.ercOn and Improvements to th.e COlIUnon
operty, inClJaing, but not limited to water, sewer, gas, electricity, telephone and cable
or COlIUnon television satellite systems. ,The, Association may create additional
ements upon, across, in, over and under the, Common Pr'Jperty and under the surface
of the Lots (limited in th.e case of the Lots to the easements i;hown and designated on the
lat) for installing, replacing, repairing and maintaining all utilities, including but not
limited to water, sewer, gas, telephone, electricity; television satelIlte system, and cable
television, if any; provided, however, that such easellients are reasonably necessary for th.e
purposes intended. The foregoing right is as well reserved to the Declarant to establish
\i.
4.2
\
9
"
o ~ 12.2001 f3:46PM KAUFMAN & PETERSON
Iillllllllll J1111QIII 1111111111111 III 1111111111111
:418783 el/ /111' elrleR COVENRNTDRVIS SILVI
:1' 0' 50 R 1.e0 D 1,le N 0.ee PITkIN COUNTY CD
ch Utility easements as shall be shown on the Plat for thl: benefit of the Association,
wners and Lots, All such utility easements and utility servilces situate in such easements
all be a part of the Common Property except as may be dedicated for the respective
blic utilities with a corresponding assumption of maintenance responsibility.
'\ .\
NO. 0882
P. 14
'-'
4,3 . An easement for ingress and egress is hereby reserved by the
sociation and granted to each Owner of a Lot on, over and :!cross the Common Property
d utility easements created as may be necessary or appropriate to enable such Owner to
erform mainte1la.llCe, repair or other work upon any Lot damage to which, or the
ommon Property or any other Lot is tbreatened or occurriJng unless action is taken, or
hich may otherwise be necessary. ;"t
.,
".1
4.4 ewa. Easements for unobslnlcted ingress and egress are
ereby created over, along and across any driveways shared! by any Lots and sidewalks
cessing front entrances shared by any Lots." ,
I .
I
5. THE ASSOCIATION
5.1 The interests of all OWners of Ipts?1ithin ~l1e :project shall be governed
d administered by this Declaration and the Articles of Incol1Poration and By -Laws of the
ssociation.
5.2 An Owner of a Lot shall automatically become I! Member of the Association
d shall rem~;r a Member for the period of the Owner's ownership. If title to a Lot is
eld by more than one person, the membership related to that Lot shall be shared by all
ch persons in the same proportion of interests and by the same type of tenancy in which
title of the Lot is held. An Owner shall be e~~tledto one (1) membership for each Lo!
wned. Each membership shall be appurtenant to the Lilt llnd shall be trllnsferred
:utomatically by conveyance of ,the Lot. No Member shall be entitled to a preemptive
ight or option to purchase any Lot. No person or ehtity otber than an Owner may be a
ember of the Association, but the rights of membership may be assigned to a Mortgagee
s further s~;;..;:;ty for loans secured by a Mortgagee of a Lolt.
,j:;; ,;
5,3 bne Class of Membership' Votini RiV1t~. The AssociatioD, shall have one (1) class of
oting membership. Members (including Declarant) shall be :Ill Owners and they shall be
ndded to one (1) vote for each Lot (including those upon which a townhome has not been
onstructed at the time the vote is held) owned on any matter on which voting by the
wners is permitted or required by this Declaration, the Articles of Incorporation or By-
ws of the Association. When more than one (1) person holds an interest in any Lot, all
ch persons shall be Members. The vote for sUch ,Lot shall be exercised as they among
emselves detenni.ne, but in no event shall more than one (1) vote be cast with respect to
Lot. A1J. Owner other than a natural person or pefsons sluill designate a natural person
exercise fro, voting rlgbts of such member. be, a written instnnnent ffied with the
10
,
1
o T. 12.2001 3:46PM KAUFMAN & PETERSON
11111111 1IIIIt:llllll~ II11I11111I 1111111111111
418713 /38/1898 BI:leR COVEMANT DAV:S S~LV~
20 o(! A 251.00 0 0.00 N 8.e0 PITKIN coUfttf eo
ssociation which shall constitute such authority until revoked. Where a specific
ereentage of votes of the Association is required where that percentage translates to a
ctional number of votes, the number of votes required shall be rounded to the nearest
hole number. Ai
S.4
!
,
, ,
5.5
~, .
,:,-';:'
"
.. .
r'\
NO, 0882
p, 15
,-,,'
.4.1
The Association shall be managed by an Executive Board consisting of not less than
three (3) or more than five (5) members, the exact number to be set by the
Association's Articles of Incorporation. and thereafter changed by the Members at
an annualtneeting of the Members. Subject to the rights of the Declarant contained
in Sections 5.5.1 and 5.5.2 hereof, the Executive Board shall be elected by a vote
of the Owners at i\IlIlUal meetings or special meetings of the Association, at which
a quorum is present, called for that purpose according to the Articles of
IncorpvI"tion and By-Laws of the Association. The Eloard shall have such powers
and duties and shall serve for such terms of office all are set forth in the Articles
of Incorporation and By-Laws of the Association.
"<
I
Notwithstanding any provision to the contrary in this Declaration, the Members,
other than the Declarant, shall be entitled to remOVI~ any member of the Board,
other than any Board member appointed by Declarant, by the affirmative vote of
six (6) of such Members without the prior written applcoval of the First Mortgagees
or the Declarant.
.4.2
t
.5.1
Subject to the limitatiOIlS of 5.5.2 below, Declarant sllall have the right to appoint
and remove members of the Board until !be occurrence of either of (i) sixty (liD)
days after conveyance of six (6) of eight (8) of the Lots that may be created to
Owners other than the Declarant or (ii) two (2) years after the last conveyance of
a Lot by the Declarant in the ordinary course of business. Declarant may
voluntarily surrender the right to appoint and remove Members of the Board before
termination of the foregoing period of Declarant control; provided that any action
specifl"t; ill the document by which Declarant voluntaltily surrenders such rights be
approved by the Declarant prior to any sucll action becoming effective.
i",'
.5.2, In addition to Declarant's right to appoint and. remove members oithe Board set
forth in 5.5.1 above, sixty (60) days after conveyance to Owners other than
Declarant of two (2) of the eight (8) Lot.stholt inay be created to Owners other than
Declarant, thirty-three and one-third percent (33)/3 %) of the Board shall be elected
by Owners other than the Declarant.
.5.5,3 Within sixty (60) days after the Owners other than Declarant have the right to elect
, a majority of the Board, Declarant shalf deliver to the Association those items of
11
,
I
j
NO. 0882 P. 16
o T. 12.2001 3:46PM KAUFMAN & PETERSON
11111111 II IIIIQIII Itndl 11111111 III 1111111 II 1111 A y
411713 11/30/1998 09;111ACQVIiNAIIT DAVIS SZLVI
21 of 5 R 281.00 D 0.ee N0.00 PITKZN COUNTY CO
property described in C.R.S. ~ 38-33.3-303(9) whi,~h are in existence and in
Declarant's custody or control.
5.6 , Ex<:''':,,' as otherwise expressly stated herein, any of the righ~, interests and
bligatioDS of the Associati()n set forth or reserv~ herein may be assigned or transferred.
o such transfer or assignment shall revoke or 2hange any of the rights or obligations of
y Owners as set forth herein.
5.7 w. The Association sl:lall be granted all of the powers described inC.R.S. p8-33.3-
2, including, but not limited to all powers necesSafy to govern, manage, maintain,
pair. administer, and regulate the Project and to perform all of the duties required of the
sociation. Notwithstanding the above, unless sixtY-two aJ1td one-half percent (62.5%)
. the First Mortgagees, who have registered pursuant, to; Sectiion 15.7 below (based upon
1~'1e (1) vote for each First Mortgage owned or held), have given their prior written
proval as provided in Section 15,8 below, and.. the Owners to which six (6) of eight (8)
f the votes are allocated have given their prior wntten approval, me Association shall not
empowered or entitled to: !
"j
."'.
*
______1
.7.1 By act or omission, seek to abandon or terminate the Project or dissolve the
Association;
.7.2 Partition or subdivide any Lot.
I
,.7.3 By act or omission, seek to abandon. partition, subdivide, encumber, mortgage,
sell or transfer any property of the Association or the Common Property or any
Common Property Improvements thereon (provided that the granting of easements
for public uses of such common elements, by the Assc)ciation shall not.be deemed
a transfer within the meaning of this cl;1.11~e);
).,'.
.7.4
Use hazard insurance proceeds for losses to any part I~f the Project (whether as to
Lots or Common Property) for other than thl~ repair. replacement, or
reconstrUction of such property, except as otherwis,e provided by the Common
Interest Ownership Act in case of substantial loss to the Lots or Common Property;
~
, f
,7.5 Except as may result from the exercise of the annexation provisions in this
Declaration, change the method of determining the obligations, assessments, dues
or other charges which may be levied against an Owner,
11:
:., ,,"
.7.7 By act or omission change, waive or abandon an]! scheme of regulations, or
enforceipent thereof, pertaining to the architectural design or exterior appearance
of Lots, or the maintenance or upkeep of the Common Property;
J'.i,
12
,
OI.~.I'lllmol. '1IIIiI~llrClwi~llml,II,ln II
418783 /38/1998 eSI11A COVENANT D.VIS S!~Vl
22 or 5e R 251.ee 0 I.ee N 0.0e ~tTK!N cOUNTY CO
.7.8
i
~
\.7.9
NO. 0882 P. 17
("'\
,~ '-../
Fail to maintain fir~ ,and extended coverage on !be Buildings and the insurable
COl1U1'lQn Property Improvements on a current replacement cost basis in an amount
not less than one hundred percent (100%i ofme insurable value (based on current
replacement costs); or
,
Alter any portion of the Project, including the Common Property or any Building,
in a manner which constitut~s a, substantial departUre from the Plat, as amended or
supplemented. ' ;i
5.8 . All Owners, First Mortgalgees, Insurers or guarantors
f a First Mortgage encumbering a Lot in the Project shall, ~lpon request, be entitled to;
J
t~
5.9
6.1
~.
>
.8.1 Insp"''', ~." books and records of the As~()ciation duriJog normal business hours;
j: 't,
.8.2 Receive a copy of a fmancial statement of the Associliti911 for the preceding fiscal
year at no charge; 1i ' . ' ,
.8.3 Written notice of all meetings of the Association and be permitted to designate a
representative to attend all of such meetings; 'and
.8.4
Receive current copies of this Declaration, By-Laws, Articles of IncoIpOration and
any Rules and Regulations concerning the Project, provided that reasonable
copying charges are advanced to the Association by {tie party requesting copies.
i ;!~:, ;. {I
If requested by a holder, insurer or guarantor of a First Mortgage in writing, an
audited financial statement for the immediately preceding fiscal year wiu be
provided free of charge to the party so requesting, if available, If an audited
financial statement is unavailable, then one shall be prepared at the expense of the
party so requesting and furnished within a reasonable ltime following such request.
. The Association may acquire and hole! for the benefit of all of the
nm any r;;..!: (J, personal properly and may dispose of the same liy sale or otherwise.
e beneficial interest in any such property shan be owned 1,y the Association.
6. CERTAIN RIGHTS AND OBLIGATIONS
OF THE ASSOCIATION
.1.1
The Association, subject to the rights of Owners with respect to their individual
LotS, shall be responsible for the exclusive maIlllgement and control of the
Common Property (including furnishings' andequipm~nt related thereto), and shall
13
NO. 0882 P. 18.
OT. 12.2001 3:46PM KAUFMAN & PETERSON
\il\\\ 1111I111111\10 1\11\'tni\l\~\I~l!~~IS\l~'\
lIn:s ell , ~11"tl8e eDge1:: ~~~:: PITKIN COUNTY eo
.f !e" .. . .
keep the same in good, clean, attractive and sanitary (~ondition. The Association
shall alsp be responsible for providing water, sewer, lighting and other required
utility services, if any, to the Common Property.
.1.2
1
,
.3
,
1"""\-...1
The Owners shan have the irrevocable right, whicb. shall be exercised by the
Association's Executive Board, officers, custodian OIr professional Management
Contractor to have. access to each Lot from time to time as may be necessary to
maintain, repair or replace any of the COrDmOnProperty in or accessible from that
Lot, or at any hour to perform emergenCy repairs, ma,intenance or inspections on
that Lot and Building thereon to prevent or minimi:~e damage to the Common
Property or any other Lot. Non-emergency repairs shall be made only during
ordinary business hours after at least twenty-four (24) hours advance notice to the
occupants of the Lot in which the repairs are to be made, unless the occupants bave
no objection to earlier entry for such, repairs. In emergency situations, the
occupants of the affected Lot shall be, warned of impending entry as early as is
reasonably possible under the circumstaOccs.
,1.3
Damage to the interior or any part of a Building on a Lot, which results from the
maintenance, repair, emergency repair or replacement of any of the Common
Property or are a result of any emergency repairs on another Lot at the direction
of the A~sociation, shall be a Common Expense of all Owners; provid~, however,
that ,if the damage needed to be repaired is caused by the negligent or tortious acts
of an Owner, members of such Owner's family, such tOwner's agents, employees,
invitees or tenants, then such Owner. sb2Jl be, responsible and liable for all such
damage and all costs associated with such damage shl!ll immediately become that
Owner's obligation, which must be proniptly paid. That obligation shall become
a Common Expense as to the Owner's Lot only and shall constitute a lien on that
Owner's Lot as provided in Article 7. All damaged mlprovements sball be restored.
substantially (to the extent reasonable practical) to the same condition as they
existed prior to the damage. All maintenance, repair ;md replacement of Common
Property unless necessitated by the negliieIlt or tortious acts or misuse of an
Owner, in which case such expense shall be chargc:d to thaI Owner, shall be a
Common Expense of all the Owners, NOtw1tl1Sr.anding anything to the contrary in
this Section 6.1.3, the Association shall have no duty to seek redress for damages
caused by a negligent or tortious Owner. Thi,s Section shall not be inteqlreted or
constnIed to abrogate the provisions of Article 9 her,eof insofar as they pertain to
insurance. 11
6.2 . e, The Association may obtain and pay for the services of any
rson or entity to manage its affllirs, or any part thereof, to the extent it deems advisable,
s well as such other persOlmel as the Association, shall d,etermine to be necessary or
esirable for the proper operation of the Project, whether sUl:h personnel are furnished or
mployed directly by the Association or by any perSon or entity with whom or which it
14
,
.'
1: 1'lllm/11 'IIIOI:JI m!;tlli.r 11'0111111111.
411713 e 38/1881 09.1eA COV!NANT DAVIS ,SILYI
24 or 5e 251.88 D e.ee N 8.ee~ITKIN COUNTY co
{1ntracts. The Association may obtain and pay for legal and accounting services necessaty
~r desirable in connection with the operation of the Projeclt or the enforcement of. this
eclaration. The Associaqon may arrange with others to ft:lIIlish service including, but
ot limited to lighting, heating, water, trash collection, SIIl.OW removal, building and
rounds maintenance, front desk service, sewer service, and other services as appropriate
the Project. Such services may be provided on a seif-suppmting, special assessment or
nunon assessment basis. During the period Declarant is in control of the Association,
y contracts or leases entered into shall contain a right of termination, without cause,
hich is exercisable withol1t penalty at any timeaftCr ~fe'r of control, upon not more
an ninety (90) days prior written notice to the other, party thereto; however, such right
termination 11<:00 not be present in chose contracts and leases wherein che subject matter
an essential service and where long term contracts are required. The cost of such
rvices shall be bome as provided in Article 7.
F
I""""\,
NO. 0882 P. 19
/1 '-"
6.3
. The Association may obtain and pay for services of a
ofessional "Management Contractor" to manage its affairs, or any part thereof, to the
tent it deems advisable, whether such services are, in,lieu of, or supplemental to, the
rvices described under SectiOIl 6.2 above. During che period when Declarant is in
ntrol of the Association, any management contracts entered into by the Association with
.spect to such professional management of the Properties, and any contracts that such
.,$:ofessional Management Contractor shall enter into on behalJfof the Association, shall be
r a tenn not to exceed one (1) year, and must corttaln a pro,vision allowing either party
cancel the contract wich or without cause, and withcnit a payment of a termination fee
penalty, upon ninety (90) days prior written notice. Furthet, and in connection with the
ssociation's right to contract for management and persolUlel, whether on-site or off-site
nature, the Association shall have the right to limit the use of portions of the Common
operty for purposes of maintenance and storage facilities, rnanagemen1 office facilities,
, nagement housing facilities to the extent required, and other such purposes as deemed
sirable and necessary by che Association for the pUIJ?oses of management and
'ntenanct: 0.' U:l" Properties. The professional Management Contractor shall be an
dependent contractor and neither the professional Management Contractor, nor any of
employees, shall be considered ,as employees of the Assoc:iation.'
6.4
'",
,~
'~
.4.1 For maintenance purposes and subject to the quallficatilDIIS, limitation and provision
, of Subscctions 6.4.2 and 6.4.3 of this Section 6.4, an Owner shall be deemed to be
responsible for all of such Owner's Lot, includillJl: the Building and the roof
strocture, situate within S1.Ich Owner's Lot and Common Walles) (subject to the
other conditions and limitations and exceptions of this Declaration), save and
e)(cept (i) the exteriOr S1.lrfaees and surfa~e materials of the Building thereon, but
not including windows and doors which, shall.be the Owner's responsibility; (ii)
exterior landscaped or yard areas, inclusive of yard areas which are Limited
!"I:
15
o T, 12.2001 3:47PM KAUFMAN & PETERSON
, r-". .
nlllllllllllllllllllll'illlltlilllllllllllllllllllllll
418713 01 8/1BS' ~1118A COVENANT DAVIS SILVl
2! of Ie 2!U. 88 D 8 ptll N 8. e8 PITI(lN COUHTT CO
Common Area and; (lli) the pipes, wires, conduit '~r systems, if any, running
through such Owner's Lot which serve one or more other Lots, aU of which
elCceptions shall be the responsibility of the AssoCiation, Such utility facilities shall
not be disturbed or relocated by an Owner without tlte written prior consent and
approval of the Board, and any such alteration, relocation. enlargement, addition
or modification sball be at the Owner'selqlense, which el\pense shall include all
expenses incurred by the Association in:ieference th!:reto.
1"\ !".I
.4.2
~
p.4.3
NO. 0882
P. 20
(\
",-,,'
An Owner shall maintain and keep in repair, except as limited by Section 6.4.1
hereof, the Buildil!g on the Owner's own Lot, including the doors and windows
(interior and exterior surfaces thereot). and 'includi:ng the fIXtures and utilities
located therein elCclusively serving such Owner's Lot to the extent current repair
shall be necesSaIy in order to avoid damaging other Lots or the Common Property
and as shall be necessary to maintain the Project in a clean, attractive and high
quality manner. All fIXtures, equipment and utilities installed within the Building
commencing at a point where the fixtures, equipme:nt and utilities enter the Lot
shall be maintained. and kept in repair by the Owner thereof, An Owner shall do
no act or any work (including without limitation, painting and roof surfacing (i.e.
shin~l'<G:;d the like) of roofS) that wiU alter, the appearance of the Buildings or
impair the structural soundness of the Buildinis or impair the proper functioning
of the utility facilities or heating, electrical, fire extinguishing, air conditioning or
plumbing systems or the structural integrity of the Buildings or impair any
easement or hereditament or damage any other component of the Project. An
Owner shall always keep any balcony, porch, patio, driveway, vehicle driveways,
sidewalks or ramps, adjoining and appurtenant to such Owner's Building
constituting a part of such Owner's Lot in a safe, c:lean. orderly and sanitaI)'
condition. ; '"
An Owner and the, Owner of the adjoining Lot shall be responsible, each in equal
shares for the repair and maintenance of any Common Wall or Walls between the
Buildings on their respective Lots unless the Common Wall repairs shall be
necessitated by the negligence or intentlonal.act on,one oWner- It shall be the
affmnatlve obligation of the Owners thereof to mai.ntain and keep the Common
Walls between their Buildings structurally sound and in iOod condition.
1.;. ,
;\;
.4.4 An. Owner shall not constrUct or, place any Building Improvements on any Lot in
addition to the Building constructed thereon by tIie Dc~c1arant or alter or modify any
land!~;::,ingi grounds or improvements outside of the :Buildlni forming a part of
such Owner's Lot. '
6.5 Ma.intenance of Bui1d;ngEx.ter;or~ and Commnn Pro'9erty.
6.5.1 The Association shall have the duty of maintaining and repairing all of the
Common Property within the Project, including landscaped areaS, retaining walls,
,
:<:
I
.,;
16
. ~
O'T. 12.2001 3:47PM KAUFMAN & PETERSON
'll~~~311~~.,.11~9l !'J~IrI~I!Vll"~~ls'l~rll
21 at Ie ~211.BB D e.ee N e.Be PITKIN COUNTY co
driveways and sidewalks, and grounds and any parkitlg areas forming a part of the
Common Property, whether constituting Common P:roperty or a portion of Lots,
Building exteriors and the non-structural componenlts of roof systems, i.e. roof
surfaces such as shingles, except air conditioning machinery which are outside of
a Building. The cost of such maintenance and ,repairs shall be a Common Expense
of all of the Owners. The Association shall not ne,ed the prior approval of its
members to cause such maintenance or repairs to be ac:complished, notwithstanding
the cost thereof, subject, however, to Articles 10 anclll hereof.
,
,..-",
. -; ~
NO. 0882
p, 21
'.........
: f!,
.5.2 The Association shall provide to the Owners the following services which shall be
paid for out of the Common Expense assessment, to wit:
(I) Maintaining the Common Property, and BUilding exteriors and non-
structural roof systems and surface treatnlCnts, i. e, shingles, etc., on the
Lots; .
'i
;~
(II) Maintain all grounds, grounds Improvements and landscaping whether
constituting Common Property or situated on portions of Lots, including,
but not by way of limitation, retaining walls, sidewalks and driveways and
snowmelt systems therein.
(ill) Administering and managing the Proj~ct;
(IV) Providing heating, lighting and any other a,ppropriate services for the
Common Property; , .
(V) Obtaining and maintaining the insurance te:quired to be obtained and
A.amtainedby the Association pursuant to Article 9 hereof;
i \' ~
..,\.
(VI) Enforcing of the provisions set forth in this Declaration and the
Association's [Ules Md regulations, and collecting of all obligations owed
to the Association by the Owners; .
,
,;1:::
(VII) Acting as attorney-m-faet in the event of damage or destruction as provided
for in Article 10 hereof; and .
~:
,
;;
(VIII) Performing all other acts required by this Declaration or the Articles of
Incorporation and By-Laws of the Associatiol\.
.5.3 Notwithstanding anything in the foregoing to the contrary, the Association may
enter into one or more contracts or agreements with one or more persons or
entities, [0 perform any or all of the services set forth in this Declaration, including
but not limited to the services set forth in this Sectioll.
17
'..
T. 12.2001 3:47PM KAUFMAN & PETERSON
,I"""'> "
· 11111/111/ 111111 iilflllll ttrllllllllllll 1111111 II 1111
418783 e 3./1111 e'lllA COVENANT D~VIS SILVI
aT D' 5e 251.ee D e.ee N e.Be 'ITKIN COUNTT co
6.6 . For so long as Declaranlt shall own two (2) or more
ts, the Association shall make no capital alterations, additions or improvements of or
o the Common Pro~erty requiring an expenditure in exces:> of an amount equal to five
ercent (5%) of the Association's budget for' any calendar ,or fiscal year in any one (1)
alenclar year without the prior written approval of Declarant. At such time as Declarant
hall own less than two (2) Lots, the Association shall make no capital alterations,
dditions or improvements of or to the Common Property requiring an expenditure in
ifxcess of an amount equal to ten percent (10%) of the Association's budget for any
.j" encIar or fiscal year in anyone (1) calendar year without 1:he prior written approval or
e affmnative vote (in person or by proxy) at a properly callc:d meeting of the Association
t which a quorum is present of a majority of the Owners of the Lots, except in cases of
mergency as determined by the Board exercising its reasonable discretion. Nothing in
is Section shall apply to prevent or limit the right of the Association to perform
. ce and repair of the Common Property as provided in Section 6.5 or to perform
epairs or replacement of the Common Property in the event of damage, destruction or
ondemnation as provided in Articles 10 and 11 hereof.
,'"
NO, 0882
p, 22
''"-'
6.7 . From time to time. bUll not less than annually, there
hall be mailed by the Associlltion to each Owner a notice containing the names and
ddresses of the members of the Executive Board, and the professional Management
ontractor, if there is one. i"
,
6.8
. . The Association and any Owner, shall have an appropriate right of
ction against any other Owner for failure ,to comply with the proviSiOns of this
eclaration or with decisions of the Association made pursuant to this Declaration; and any
wner shall have similar rights of action against the Assocla,tion.
;l
,
7. ASSESSMENTS
. All Owners of Lots improved with Buildings, including the Declarant. shall
e Obligated to pay the estimated assessments imposed by the Board to meet the Common
xpenses of maintenance, operation and management of the Properties, the Association,
the various functions and duties of the Associatio:q based upon each Owner's Allocated
nterest at the time an assessment is made. The Boaidmay establish any reasonable system
or collectionpetiodically of Common Expenses, in adv:ance or arrears as decmed
kable. !:-&iny, the assessment for the estimated Common Expenses on an annual basis
hall be payable semi-annually in advance every six months. In the event a Lot is sold to
purchaser during the yeN', the annual assessment shall be p~orated to the closing date and
aid at closing, together with the working capital deposit required by Sections 7.12 hereof.
sessments made shall be based upon the estimated cash reql1irements as the Board shall
om time to time determine to be paid by all of the, Owners. Estimated expenses shall
elude the cost of maintenance and operation of.the C,ommon Property, Common Property
7.1
"
18
.~
!
o T. 12. 2001 ~:47PM '.'. KAUFMAN & PETERSON '
l'l'" 1111/ ~IIIIICllllllll1lllllllllll"'1I1/ 1111
1783 ell 11998 elllBA ~OVENANTDAYIS SILVl
a 0' 58 R 51.B8 D 8.8e N 8.ee ~JTkfN COUNTY eo
provemenlS, expenses or managt:lIll:lIL, llIxes and special a!;sessments, unless separately
ssessed, insurance premiums for insurance coverage as rl~quired herein or as deemed
esirable or necessary by the Board, landscaping, care ot. grounds, wages. legal and
ccounting fees, management fees expenses and liabilitiel; incurred by the Board or
rofessional Management Contractor under or by reaSon of IthiS Declaration, payment of
ny deficit remaining from a surplus fund for the maintenance or replacement of those
ommon Prop,":' !n:prcvements which must be ,pl!intained or repll!ced on a periodic basis
s well as other costs and expenses relating to the Common Property, and the purposes and
esponsibilities of the Association. The omission or failure of the Board to fIX the
ssessments for any assessment period shall not be deemed a waiver, modification, or
elease of the Owners from their obligation to pay the sam,~. The Board shall have the
ight, but not the obligation, to make pro-rata refunds, of any assessments in excess of the
ctual expenses incurred after the end of the fiscal year,
7.2
~: .
,I'""\,
.I
NO, 0882
P. 23
'V
. No limitation is placed to the amount of the maximum
ual assessment which may be made by the Association.
7.3 a ate . Both annual and special assessments must be fIXed equalIy for
11 Lots. unless the purpose of an assessment shall be limited to benefit or affect less than
11 of the Lots in which case the same shall be fIXed equally for all benefitted or affected
ots, all as may be detennined in the sound discretion of the IBoard, and may be collected
, n a time period as detennined by the Board,
7.4 . Assessments shall be due and payable within Ofteen
1.5) days after written notice of the amount thereof shall have been mailed to the registered
'ling addr~"":. "',f 'l.1e respective Owner of a Lot. Each asse'ssment shall bear interest at
e rate of eighteen percent (18%) per alUlwn from the date it becomes due and payaole
not paid within fifteen (15) days after such date, and, ~Ie shall be a Twenty-five Dollars.
$25.00) late charge for each installment of asses.sment payment that is delinquent. Failure
f the Association to give timely notice of any ,assessment as provided herein shall not
ect the liability of the Owner of any Lot for such assessment, but the date when payment
hall become due in such cash shall be deferred to a date fiftee111 (15) days after the due date
ndicated in the properly sent notice. The BOardmay'c1ect to have the annual assessments
aid monthly, or such other periodic bilSis deemed desirable by the Board; and a default
the payment of any one installment of the annual assessment shall additionally give the
g'\ssociation the right to accelerate the remaining amount of alUlual assessment as
lately due and payable, as further referenped hereina1T.er.
7.5 a , In addition to the annual assessments
uthorized by this Article, the Board may levy in any assessment year a special assessment
ayable over such a period as the Association may determlne,ror !he purpose of defraying.
whole or in part, the cost of any constrUction or reconstrllction, unexpected repair or
Iacement of the Project or any part thereof, or for any other unanticipated expense. The
,.
19
'.
o T. 12.20013:48PM KAUFMAN & PETERSON
11111111111111111 Clli'llllhlililll III 1111111 111111
411783 01/ I/!'" el:10A COVEN~NT DAVIS SILVI
2' .1 !0 R 251.80 0 e.ee N e.ee PITKIN COUNTY CO
A
NO, 0882
p, 24
"-.-'
oregoing shall not be construed as an independent source of authority for the Association
o incur expense, but shall be constrUed [0 prescribe the manner of assessing the expense
uthorized by other Sections hereof wroch shall make speclfi,~ references to this Article or
set forth in the preceding sentence, including Section '6.6. Ally amounts assessed
ursuant hereto shall be assessed to owners at,a uniform rate. Notice in writing of the
mount of such special assessments and the time for payment thereof shall be given
,romptly to the Owners and no payment shall be due le,ss than thirty (30) days after such
otice shall have been mailed to the registered 'mailing address of the respective Owner.
special assessment shall bear interest at the .~ate of eighteen percent (18%) per annum
om the date it becomes due and payable, if not paid within thirty (30) days after sucb
ate, and there shall be a reasonable; late charge as set by the Board.
1;i;
"',j
7.6
.6.1
At least ninety (90) days prior to levying any aMual or special assessment, the
Bos:=~:"i::a::::opt a proposed budget of the estimated cash requirements for that
assessment, Within thirty (30) days after [hat Proposed budget is adopted, the
Secretary of the Association (on behalf of the Board) shall cause to be delivered [0
each Owner at such Owner's registered address, by regular United States mail,
first-class postage prepaid, the following: (i) a summary of the proposed budget,
(ii) a statement of the amount of the assessment per Lot aod the number and amount
of any installments thereof, and (ill) a nO,!ice of a meeting of the Association whieh
shall specify that the purpose or one of the purposes of the meeting is to allow the
OwnerS to vote on the proposed budget, and (iv) the date, place and time of the
meeting, The meeting shall be held not less than fourteen (14) nor mOre than sixty
(60) days after the date on wroch the notice is mailed to the Owners.
w
,
.6.2 At the meeting held pursuant to Section 7,6.1. the proposed budget shall be
submitted to the Owners for approval. Unless the Owners of six (6) of the eight
(8) Lots of the Owners (regardless of whether a quorum is present) aff1IIlllltively
vote against approving the proposed budget in pers~n or by proxy, the proposed
budget shall be deemed ratified by the Board. If the proposed budget is oot
ratified, the Board of the Association shall propose a subsequent budget within
fifteen (15) days after the date of the meeting and submit that proposed budget for
rati:::_~:::.:: :y t.'le Owners in the manner set forth above for the originally proposed
budget. '
7.7
7,7,1 All sums assessed but unpaid for the share of Common Expenses or special
assessments chargeable to any Lot, including any fees, late charges, fines, interest,
costs or attorneys' fees, shall constitute alien on sueh Lot superior to all other liens
and encumbrances except (a) tax and speCial assessmEint liens on such Lot in favor
:, i; ,
i 20
I .
o T. 12,200 I 13: 48PM KAUFMAN & PETERSON
Ii 'U\~~l' 1~!.!~C~I~l !btU~!!!~"ln!II~'l~1I
31 0' 5 R 251.el D I.ee N B.II 'ZTKZN COUNTY CO
of a taxing authority and (b) all sums unpaid on a First Mortgage of record,
including all unpa.id obligatory sums as may be provided by such ellCumbranc:e.
Notwithstanding anything in the preceding sentence, the lien provided by this
Article 7 shall be prior and superior to a First Mortgage with respect to annual
assessIl}ents for Common Expenses in an amount (which shall include any costs and
attorneys I fees permitted to be added to such Claim) which shall not exceed one
hundred fifty percent (150 %) of six (6) times the average monthly Cornmon
Expense assessment during the immediately preceding fiscal year. To evidence the
lien as herein permitted, the Board may, but shaIlllot be required to, prepare a
written notice setting forth the amount of such unpaid Indebtedness, the amount of
accrued penalty thereon, the name of the Owner , and a description of the Lot and
record the same in the records of the Office of the Clerk and Recorder of Pitkin
County, Colorado. Such lien for assessment shall attach from the due date of the
assessment. The lien may be enforced by foreclosure of the defaulting Owner's
Lot by the Association in the manner for judicially foreclosing a mortgage on real
property upon recording of a notice for claim thereof. In the event of any such
foreclosure, the Owner shall be liablefor the amount of unpaid assessments, any
interest, and penalties thereon, the costs Bnd expense of such proceedings, the costs
and expense for filing the notice of the claim and lien" and all of the Association's
reasonable attorney's fees in connection the~ewith.
0.
,
"/
NO, 0882
P. 25
~
I
r
I
I,
i:
4
,
J: !, i, ~
II
k
1
"
"
j
1
II
,
.7.2 The Association'Shall have the power to bid on a Lot at foreclosure sale and to
acquire and hold, lease, mortgage and convey t1ie same. Any Mortgagee holding
a Mortgage on a Lot may pay any unpaid assessment payable with respect to such
Lot and any and all costs and expenses with. respect thereto, and the Mortgagee
shall have a lien on such Lot for the amountS paid, which lien shall have the same
priority as the lien of the Mortgage; Except as otherwise provided in Section 7.7.1
above, the lien for assessments referred ,to herein shaH be at all times subordinate
to the lien of any First Mortgage held by a First Mortgagee. By accepting a deed
to a Lot, each Owner shall thereby waive and release :my and all rights and claims
said Owner may have in and to the Lot as, a homestead exemption or any other
. I!,
exemptIon.' ;
7,8 i' ersonal Oblieation. The amount of any assessment chargeable against any Lot shall be
1. personal and individual debt of the Owner thereof. No owner may become exempt from
iability for the asSessment by abandonment or waiver of the, use or enjoyment of any of
Common Property or Common Property Improvem.ents, The Association may bring
, uit to recover a money judgment for unpaid Common Expenses plus interest and
xpenses, including the Association's reasonable attorney fees, without foreclosing or
aiving the assessment lien provided herein, '.
'i
,
21
,
I
I:
..
r
!i
o T. 12.2001 3:48PM KAUFMAN & PETERSON
1 'IIIIIIIIIIIIIIIIIC I1I1I ~1111II1111111111111
4'713 81/31 .11 I'ISIA COVENANT DlIV1S SlLVt
3 at 51 R 2 .il D 1.00 M e.01 'ltklM COUHTY CO
NO, 0882
p, 26
f\
'-.,I.
r
i
I
I
I
I
i
,
i
I
I
i
I
jf
7,9 . Ifrequested in writing, the Association shall report in writing
the First Mortgagee of a Lot any default hereunder or unpaid assessments remaining in
efault or unpaid or uncured for longer than sixtY (60) days.,
fi
..;
7 .10 ~!'atement nf Status nf Assessment Payment. Upon payment ()f a reasonable fee of not less
an Twenty-Five Dollars ($25.00) (except for First Mortgagees who shall be exempt from
uch fee) and upon the written request of any Owner, Mortgagee, prospective Mortgagee,
r prospective purchaser of a Lot, delivered to the Associanol1 by certified mail, first-class
ostage prepaid, return receipt requested. the Association sball issue a written statement
ttlng forth the amount of the unpaid assessmentS, if any, wiltb. respect to such Lot, which
all be delivered to the inquiring party by certified mail. first-<:lass postage prepaid, return
eipt requested to the inquiring party at such party's address set forth in such request.
nless such request shaJl be complied with within fo\lrteen (14) business days after cecelpt
fthat requ~.;:~./ :.'lc Association, and if the request was properly addressed and sent by
ertified mail, first-class postage prepaid, return, receipt requested. then all unpaid
Ssessrnents which became due prior to the, date of malking such request shall be
rdinate to the lien of a Mortgagee which acquired iu interest subsequent to requesting
uch statement. If the request is made by a prospective purchaser, the Hen (but not the
bligation of the Owner for payment of the asse~meni) for the unpaid assessment sl:iall be
eleased automatically if the statement is not furnished within the fourteen (14) business
ay period herein; provided thereafter, an additional written ~equest is properly addressed
evidenced by a certified mailrcceipt and the reqtiest is not complied with within ten
,) 0) day s and the purchaser subsequently acquires the Lot.
~ "
,
r
I;
7.11 , A purchaser of a Lot sl:iall not be
ersonally liable for unpaid assessments against such Lot up to the time of conveyance to
urchaser ...;
7.12
,
Ii
I
.12.1 Each Owner originally purchasing a Lot from Declarant shall be required to deposit
and maintain continuously with the Association an am~unt equal to one-fourth (1/4)
of :he :L::C:::::.t of the first annual assessment, such reserve amount to be held
without interest accruing to the Owner, which sum shall be used by tlle Association
or professional Management Contractor. as a working capital fund. This amount
may be recovered by a seller from a purchaser at the tUne of resale. In the event
, the Board decides there is and will be sufficient working capital without this fund,
and the reserve for repair and replacement is equal t(l or greater than tlle amount
of the working capital fund, then this amount may be returned to each current
Owner, SUch advance payment shall not relieve an Owner from making the regular
monthly installment payments of the annual assessment as the same becomes due,
nor shall the Association be required to deduct from :such advance payment sums
.f!
~
I:
I
22
r
OCT,i12.2001 3 48PM r"\ KAUFMAN & PETERSON 1"""\ NO, 0882 p, 27
, Ii, ~~~~!!!l!~.~!j~~J~lIWI,,' ',j
due for common assessments by an Owner prior to instituting any proceedings
against the Owner for delinquent common assessments.
r 7.13
I
I
I
I
t
I:
1
j,
j
;
7.14
f;
I
I,
I
I
I
!'
I:
I
I
i,
I,
I'
I
Ji'
7 _ 2.2 The Association shall establish an adequate reserve fund for the maintenance,
repair and replacement of the Commop. Property Improvements maintained by the
Association, This reserve fund shall be maintained through regular installments of
Common Expense assessments,
t - ia . , e e . Each First Mortgagee of
a ot within the Project who obtains title to such Lot pursuant to the remedies provided
in e Mortgage or foreclosure of the Mortgage, 'or any purchaser at foreclosure sale, will
t""4~ the Lot free of any claims for the unpaid assessments and charges against such Lot
w' 'ch accrue prior to six (6) months before the ,time such First Mortgagee or purchaser at
foeclosure sale obtains title to such Lot, but shall not relieve the First Mortgagee or
p chaser from liability for or lien from any' assesshtents made thereafter. Any unpaid
as essment, which was rendered uncollectible by the effect of this Section 7.13 may be
re located and assessed to all Lots as a Common Expense.
c Ace . In addition to any Othf'I remedies
pr vided for the Association upon the default of an Owner in the payment of an annual
.. ..m..nt .n"~i.1 .......",..1'11, nr "nv in.raIlment thereof. and in the event an Owner shall
Ii'
,~ .
'"
,
O~T, 12.2001 3:54PM KAUFMAN & PETERSON
! ~ 1IIIIIlIIIIIIIIDllllhrlIIIIIIIIIIIIIIIIIIIIIIIII
"l t 418'783 13811"8 It 11~ COV!HAHT DAVIS ilLVI
l: 32 of R 251.00 D 0.00 N 0.00 PITKIN COUNTY eo
{:
i
I
I
,
i
I
I
r
,
. Subject to Declarant's right to use Lots and the Common Property during the
onstrUction and sales period as provided in Section 8.2, the Lots are hereby restricted to
esidential use and uses related to the convenience and el\ioyment of,such residential use
y the Owner, the Owner's family, guests or tenants. No residential buildings other than
ne Building on each Lot constructed by the Declarant shall be erected or constructed on
e Prop~rties. No structures of a temporary riature, trailers, basements, tents, shacks,
beds, garages, storage buildings or other out-buildings shalll be used or permitted to be
ept or stored on any portion of the Project at any time, either temporarily or permanently.
8.2 ' Not;iths~oding IIOY provision in Section 8.1,
eclarant, its agents, employees andcoiitractors shall be permitted to maintain during the
eriod of construction and sale of the Lots in the Projec:t upon such portion of the
7.13
[i
I'
Ii
11 7.14
,
ji
~i
"
i
"
I'
i
t
,
I:
Ii
'<
"
I'
j ~
,
"
8.1
,
ji
li
~
Ii
!j
I'
! ~
I'
f!
I
Ii
I
,
I
I'
1:
,
I, I
~ , I
NO. 0882
P. 27
r-.
. \..,.!
due for comlnon assessments by an Owner prior to instituting any proceedings
against toe Owner for delinquent common assessments.
.12.2 The Association shall establish an adequate reserve: fund for the maintenance,
repair and replacement of the Common Property Improvements maintained by the
Association, This reserve fund shall be maintained through regular installments of
Common Expense assessments,
t ~. Each First Mortgagee of
Lot within the Project who obtains title to such Leit pursu~lnt to the remedies provided
I." the Mortgage or foreclosure of the Mortgage, or any purchaser at foreclosure sale, will
".ke the Lot free of any claims for the unpaid assessments and charges against such Lot
hich accrue prior to six. (6) months before the time such Fim Mortgagee or purchaser at
oreclosure sale obtains title to such Lot, but .shall not relieve the First Mortgagee or
urchaser from liability for or lien from any assessments made thereafter. Ally unpaid
ssessmem, which was rendered uncollectible by the effect of this Section 7.13 may be
eallocated and assessed to all Lots as a Common Expense,
. . I Acc . In addition to any other remedies
rovided far the Association upon the default of an Owner in the payment of an annual
essment, spJi...ai assessment, or any installment thereof, and in the event an Owner shall
efault in the payment of any installment of an annual Or !:pecial assessment, then the
sociation shall have the right to declare immediately due and owing the total amount of
uch annual or special assessment as remains outstanding at the time of such installment
efault. This right of acceleration in the event of installment defaultshall apply whether
e Assoctation pursues the obligation personally agamst the Owner or through foreclosure
fthe Owner's Lot, as provided above.
'~
"~I
;:
8. RESTRICTIVE COVENANTS AND OBLIGATIONS
23
.'.
t
,
OCl12.2001 3:54PM-., KAUFMAN & PETERSON
j: 111111I ~ 11111' 1l~;1111 ~ 111111111111111111111111
i 418713 /~e/1818 eel UIA COVENANT DAVIS SILYI
: 33 0' 5 R ,281.00 D 0.1/)0 N e.ee PIT1<IN COUNty CO
i
,
i
1;
,
,
i
l'
l'
,,,
'"
I
,.
ii 8.3
/.
t;
..,
:!
! ~
8.4
"
"
"
li
V
I)
".
II
(:
.,
I
{ ~
'.'
i 8.5
",
Ii
;
~ j
'I
()
NO. 0882
P. 28
v
i-'roperties as Declarant may choose such facilities as in the sole opinion of the Declarant
, ay be reasonably required, convenient, or incidental to thel construction, sale or rental
f Lots including, but not limited to construction trailers and storage area, one (1) model
WMOmeS, and not more than one (1) sales trailer, and temporary parking facilities for
11 construction employees; provided, however, that the limil~ on Declarant's right to use
e Properties for sales purposes shall not limit, its right: to use the Properties for
onstruction or development purposes; provided further, that these rights shall terminate
o later than five (5) years after the effective, date of this Declaration; and provided
er, that such use shall not interfere in any way with the right of ingress or egress to
y privately ow,ned Lot and the use and enjoyment thereof as: a private residence. nor the
. ts of ingress or egress to the Common Property and Improvements thereon, nor the Ilse
ereof for recreation or other proper purposes by the Owners and the Members, agents
nd Officers of the Association.
w. No immoral, offensive, improper or unlawful use shall be
nnJtted or made of the Properties or any part thereof. A11llaIld laws, ordinances, and
gulations of all governmental bodies having jurisdictiOlll over the Project shall be
bserved.
~~ules and Regulation~. Initial Rules and Regulations ("Rules and Regulations") are
osed by the Declarant and are attached to the dilly adoptedl Bylaws of the Association.
ddidonaI or amended Rules and Regulations may bc adopted by the Board concerning and
oveming the use of the Common Property, provided such Rules and Regulations shall be
rnished to Owners prior to the time they are adopted and. that Owners be notified as
rovided in the By-Laws of the Association that the Board will consider adoption of the
ditional or amended Rules and Regulations so, that .OWners will have an opportunity to
e heard Or furnish input regarding the adoption and so that such additional or amended
nles and Regulations shall be uniform and nondiscriminatory. After adoption, a copy of
ueh additional, or amended Rulc:s. and Regulations shall be provided to all Owners. The
ssociation may also adopt a fine system to impose monetary, penalties for such
ctions, or take judicial action 'against any Owner to enforc:e compliance with any Rules
RegulatiOllS, or other obligations, including ~unetivc relief or to obtain damages for
oncompliance, all to the extent permitted by law. The Board may adopt and publish a
me schedule which shall list fines which shall be imposed fo;r violations of this
eclaration, the Association's By-Laws,' Articles of Incorporation, and any Rules and
egulations. . :, i; .'
No other business activity of any kind shall be conducted upon any
~;,.ot or on the Project, except that permitted by the Association or otherwise provided
< crein. The foregoing shall not be construed to prohibit home offices if permitted by
derlying land use regulations, '
,'i 24
"
"
"
p
I;
,
~!
~ ,~
;:1
J'
1(
"
,
OpT. 12.2001 3:54PM KAUFMAN & PETERSON
:1' i, 11111111111111[;)11111 :1 1III1111111nlllllll 1111
I 418783 /30/1998 "Bll"R COVlNlltO' DAVIS$Il.VI
~i! 34.1! R.2!1.ee D III ~" N e.ee PIT1drf eOUN1'T CO
I.'
I;:
['
,
)!
t"""'\
" "'1
NO. 0882
p, 29
'-J
8.6
,
f,
I
,6.2
,
.':1
I'
!f
Ii
,
I
~
)
li'
j:
r
i'
I,
Ii
,
I
I'
I,
,
I
I'
,
,
p
I
1
!
I ~
'J
'{
f ~
I
I;
I
,
t,
Y
f'
!i
tl
f;
~' i
I
,
1
I
I
I
I,
i
I
i
i
i
;~:
J
.6,1
Antennas., Except for any which may be erected by Declarant or by the
Association with the prior written approval of Declarant, nO exterior radio or
televisiOll antelUla, aerial, satellite dish, or other type of radio or television
receiving system shall be erected or maintained on the Project without the written
consent of the Board.
TTan~mitter&. No electronic or radio ,transmitter of any kind other than gatage door
openers and radio telephones shall be located or operated in or on the Project or
any Lot without the prior written approval of the BO;lrd.
,6.3
Nuisances. No noise or other nuisance shall be permiltted to exist or operate in the
Project or upon any Lot so as to be, in the reasoDlable opinion of the Board,
offensive or detrimental to any otl1er properti or its occupants. Without limiting
the generality of any of the foregoing provisions, no exterior speakers, horns,
whistles, bells or other sound devices (other than seculiity devices used exclusively
for security purposes) shall be located, used or placed on any Lot without the prior
written Approval of the Board. No rubbish or debris of any kind shall be placed or
permitted to accumulate upon any Lot and, no odors shall be permitted to arise
therefrom so as to render any such Lot or' any portion Ithereof, in the opinion of the
Board, unsanitary, unsightly, offensive or detrimental to any other Lot, the
Common Property, adjacent lands and improvements thereon or public or private
thoroughfares or to its occupants. ",'
.6.4
nn~jihtly Articles. No unsightly article shall he penniiued to remain in the Project
or upon any Lot so as to be visible from any other Lot, the Common Property,
adjacent lands and improvements thereon or public: or private thoroughfares.
Without limiting the generality of the foregoing:
(1) No commercial~type vehicles, campers, trailers, boats, recreational vehicles
or trUcks other than pickup trucks not in ex<:ess of ,one (1) ton, will be
stored or parked on the Common Property or on any driveway except while
engaged in transport to or from a garage in a Building.
(II) Any designated guest area parking on the Common Property shall be used
as guest parking only. No abandoned or inoperative vehicles of any kind
~;"'li be stored or parked on any portion of the Project, except as provided
herein. A.n" abandoned or inoperable vehicle" shall be defined as any
vehicle which has not heen driven under its own propulsion for a period of
one (1) month or longer. The Association shall cause a written notice
describing the "abandoned or inoperable vehic;le" and requesting removal
thereof to be served on the Owner in possession of the vehicle or the
25
! I
OtTo 12.2001 3: 54PM KAUFMAN & PETERSON
1.' ~~~~311,.I/!!~lltt~ll'~ J~llml~J~UIJIJl~111
i 315 of 15e,;; 2!l1.00 D 0.00 N0:~'itkIlfcolllifY "~O
i
i
!
,
I
i
I
I
1
I
11
i
I
I.
I
I.
,
,
I
I
i
,
J
I
I
I
I
,
i
L
I.
I
I
!;
i
J
I.
I
"
~
~~
.
I
I
,
/'""\
NO, 0882
P. 30
'-../
parldng, carpo~t, o~ garage space in which the vehicle is located, or pQsted
on the unused vehicle itself. If the vehicle shall not have been removed
within seventy-two (72) hours after service or posting that notice, the
Association shall have the right to remove the same without any liability to
the Association, and the Association may charge the Owner in possession
of the vehicle with the expense of removal as an additional Common
Expense against the Owner's Lot only.
.6.5
I' : '"
Si~ns and Flal!s. No sign or flag of any kind shall be displayed to the public view
on any Lot; provided, however, that signs and United States (or other national
flags) or Colorado flags of reasonable size not to excleed five (5) square feet may
be displayed on holidays. Signs and flags used ti~r sale, administration and
directional purposes by Declarant during development I~f the Project will be pennit-
ted.
.6.6
Hazardous Activiti~s. No hazardous activities shall b~1 conducted upon any Lot or
on the Common Property or any part thereof. No acti"vities shall be conducted and
nothing shall be kept in any Lot or on the Common I?roperty or any part thereof
which would result in the cancellation of the insUrance carried by the Association
or increase the premiums for the insurance carried by 'the Association over what it
would pay but for that activity, without the prielr written approval of the
Association.
.6.7
Garae-e Sale.~. No garage. patio. porch or lawn sale shall be held on any Lot
without the prior written approval of the Board.
.6.8
SlQragepfBuildini Materials. No building materials shall be stored upon any Lot
except temporarily during continuous construction of a Building or its approved
alteration or improvement. .
.6.9
TelIlPorar:y Structures. No trailer, mobile home, tE~nt or shack, shed or other
temporary building, improvement or structure sb.a,1I be placed. upon any portion of
the Project, except that temporary structures necessary for storage of tools and
equipment and for office space for architects. builders and fo~emen during actual
construction may be maintained by Declarant, all as hereinbefore limited in Section
8.2.
.~
h .6.10 I :ivestock. Poultrv and Pets. No animals. livestock 01: poultry (pet birds included)
shall be raised. bred or kept on the Project, except t1illlt an aggregate of not more
than two (2) dogs, cats or other common household. pets may be kept per Lot;
provided, however, that the Owner shall be responsible for any damage caused by
any pet kept on an Owner's Lot. Every pet shall be strictly controlled and kept on
a leash, and no pet shall be allowed to make or cause disturbing noises or odors or
j'
i
I
I
I
jl
II
I,
i
I
I
!
I,
!i
26
'Ir-
ob. 12. 2001 3:54P~ KAUFMAN & PETERSON
fl 111111 11111 111111111.1:; :~~llllllllllllllllllllll
1418783 08/ 0/11!8 0S:10A COV!NANT DAVIS SILVI
" 38 0' $0 R 251, ee D 0,00 H 0. lie PITKllf COl.lNTY eo
!
I,
,
~ ,"; ., '
r
"
,
.1
I
1
A
NO. 0882
P. 31
-J
'J'1
~.
otherwise constitute a nuisance to any other Owner. An Owner (or an Owner's
tenant or guest) shall not permit pet droppmgs or Pl!t waste on other Lots or on
Common Property. The Association may adopt additional rules and regulations
with regard to household pets kept on the Project, 'including, but not limited to
regulations limiting the size of such pets, and providing for the prohibition of pets
which are found by the Board to repeatedly violate thl~ provisions hereof and rules
and regulations subsequently adopted. The Owner of any pets causing damage to
any Lots or Common Property shall be respoi1Sible ~or such damage.
.6.11 Window Coverinll:s. Window coverings visible from the exterior shall be
compatible with the architectural characrer of the residence. Reflective shades or
film type window coverings are specifically prohibited except such uniform film
or coverings as shall be approved by the Executive Board. The Board may
otherwise adopt Rules and Regulations relating to window coverings.
Jrt ..:: !
.6.12 Wnod Buminl1 Prohibited. Wood-burning fireplaces, wood-burning stoves and
other ..:"",ci-Qurning devices shall nor be permitted within the Project, unless
approvals and permits therefor shaIl be, obrained under applicable provision of
federal, state or local laws. The foregoing prohibition shall include stoves such as
peller stoves or stoves which bum other types of solid fuels, including, but not
limited to, coal. \,Il
~
.6.13 Parlcinll. Parking by Owners and tenants of Lots and all other residents of the
Projecr shall be pennitted only in garages which are a part of the Buildings on the
Lots or situate on the Common Propexty as designated and shown on the Plat.
Motor vehicles parked in violation herepfmay be towed at the expense of the
owner thereof. More specific Rules and Regulations with respect to the said
parking garages or Common Property may be adopted by the Board.
,,,'
,
.6.14 r ~se of Lots. The Owner oia Lot shall have the rlghtto lease such Owner's Lot
subject to the following conditions and covenants:
, ,
,.,
(l) No Owner may lease less than such Owner's ,mtire Lot;
(II) All leases shall provide that the terms of the lease and the lessee's
t~;Ccii'a."1CY of the Lot shall be subject in all respects to the provisions of this
Declaration, the Articles of Incorporation and :By-Laws of the Association,
as well as any Rules and Regulations promulgated by the Association. Ally
lessee who fails to comply with all of the tetlns of this Declaration, the
Artic:1es and By-Laws, and any roles and regulations of the Association
shall be deemed in default unde,r that lease, any Owner who leases a Lot
shall be deemed in default under that lease. ).oy Owner who leases a Lot
27
I!.
~
OT. 12.2001, k55PM KAUFMAN & PETERSON
, 111111I11111 illlll CI II IL.lIIIIIIIIII 11111 11111111
418783 0 30/1898 0'lleA eO~ENANT ~AVfS SILVI
37 or S0 ~1.00 D 0.00 N 0.00'PfTK%N COUNty CD
shall provide a copy of the lease to the Association within ten (10) days
after execution thereof; and
,..-...,
NO, 0882
P. 32
......,.
(Ill) All leases shall comply with applicable land use and zoning laws and
restrictions.
I
,
I
I
1
,6.15 Mailini Address, Each Owner and First Mortgagee shall register such Owner's
or First Mortgagee's mailing address. with, the Association, and all notices,
demands and statements shaIl be sent by regular United States Mall, first-class
postage prepaid, adc:h..essed in the name of the Owner or First Mortgagee at such
registered mailing address. or may be sent by facsimille transnllssion. All notices
to Declarant shall be sent by certified mail, first-class postage prepaid, return
receipt requested, to the following address:
DECLARANT:
RL Developments, Inc.
C/O: Leonard M. Oates, Esq.
533 East Hopkins A vC,;jue
Aspen, CO 81611 .
(970)920-1121 Facsimile
until such address is changed by notice of address change given to the Association.
"
I
I
.6.16 Operation of Snowmelt !iv~tems. The Snowmelt Systems within the Project, serve
driveways and sidewalks which are utilized in' common by two (2) Lots and in the
case of driveways are commonly used by Lots 2 and 3, and Lots 4 and S. The
Snownleit Systems serving all Lots shall be set to be automatically turned on and
functional at all times during seasonal periods when snow is expected to
accumulate.
,
,
9: INSURANCE
9.1
CQl1\Prehensive General Liabilir,y and Prcwertv insurance.
,9.1,1 Comprehensive general liability and property damage insuranCe shall be purcba$ed
" by the Board and shall be maintained in force at all times , the premiums thereon
. to be paid by the Association as a C.~mmon Expe,nse. If Declarant pays the
premium, it shall be entitled to reimburSement from the Association. The
insurance shall be carried with reputable companies allltborizecl to do business in the
State of Colorado, in such amounts as the Board n:L3.Y determine; the insurance
carrier should have a current rating by Best'sInsurance Reports of VI or better, or
a fmancial rating of Class VI and a general policyhollder's rating of at least A. If
28
1
,
:'
1 ' '
O{ 12.2001 3:55PM KAUFMAN & PETERSON
r ~~}J~31!~ m~l~!.:;l"l~~~!!l~IIJJlIJ! tl!l~JI
I 38 0' 50 2111.00 D 0.0e H 0 .1Il0 ,PlTKIN COUNTY CO
J
I
.
I
I
I
I'
,
I
I
I
I
Fire and hazard insul'anc.e for thE' Common Property and Lots
hall be purchased by the Board ami shall thereafter be mainlldned in force atall times. the
remiums thereon to be paid by' the Association as a Common Expense, such policy to
over all Improvements. The policy or policies shall be of a. master,or blanket type with
standard all risk endorsement, and insure against loss from perl1s therein including broad
orm coveng~l"~ all of the Improvements to the Common Property and Lots, except such
as may be separately insured, and except land. foundation, excavation and other items
ormally excluded from coverage. Such policy or polkies shall contain extended
overag~, vandalism, and malicious mischief endorseme:o.ts, and shall conclusively
establish that the Association's insurance shall ~ primary insurance. The lmprovexncnts
to be insured under this clause shall be continually insured 110 full insurable replacement
value. If reasonably available, the policy or policies shall contain a stipulated amount
clause, or determinable cash adjustment clause, or similar clause to permit a cash
settlement covering specified value in the event of destruction and a decision not to rebuild.
The policy or policies shall name as insured the. Association, the Declarant for so long as
"
'~
.'
, .1.2
't
,
.
J
I
I,
I
I
,
I,.
I
j
I
Ii.
I.
,
~
9.2
I;
-Ii
I
I.
I
~
;
NO, 0882
P. 33
,--,,'
the insurer does not meet this rating requirement, the insurer must be reinsured by
a company that does have a current rating by Best's Insurance Reports of VI or
better.
The comprehensive policy of general liability insultance shall be in force for a
minimum amount as determined by the Board, but not less than One Million
Dollars ($1,000,000,00) per OCCUl'1'ence, c:dvering all claims for bodily injury
andlor property damage arising out of a single o(:currence. such .coverage to
include protection against liability for non-o'\\'I1edand hired automobiles, liability
for property of others, and, if applicable, host liquor liability and other risks which
are customarily covered with projects similar in corlStruction, location, and use.
The policy or policies shall name as insured all of the Owners generally, the
Association, each member of the Board, the professional Management Contractor,
and their respective agents and employees. Declarant shall be named as an
additi:J:.::l insured on such policy or policies until such time as Declarant shall have
conveyed all the Lots in the Project. The policy or policies as referenced in
Sections 9.1.1 and 9.1.2 hereof shall insure against loss arising from perils or on
in the Common Property only and in any other areas which the Association has a
maintenance responsibility and shall. include cOI~tractual exposures of the
Association or the Board. It shall not iliclude liability coverage for the individual
Lots. '
.1.3
The policy or policies shall contain a clause conclusively establishing that the
ASsociation's policy shall be primary insurance andl a "severability of interest"
clause or endorsement which shall preclude the insured rom denying a claim of an
Owner or the Association because of negligent acts of the Association or other
Owners. ;,:
r>
I
I
I
,
I
.
,
f
29
"
OCT. 12. 2001 3 55PM,.,-.,KAUFMAN & PETERSON
. / ,111I11/111 11111.'1, II/WIIIIIII/II 111111111111/
8783 el/3 1998 89f10R COVEMANT DAVIS SILYI
0' 50 R 1.e8 D 0.00 N 0.00 PITKIN COUNTY CO
f
~.
r"\
NO. 0882 P. 34
..........'
, ~l..,,~"r c:h.."lI nUJn ~nv T nt thllo Ownprl.'! ~nr1 thplr Mnrta'~u"ees_ The nnlicv Or MHcies
'I
it!
I
..
ji
I,
I
:~
,
!