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HomeMy WebLinkAboutLand Use Case.942 S Mill ST.A017-03Top of Mill Parcels 7&8 Lot 3 Minor PUD Amendment A017-03 01 c2 %7 0 I� f f T I 9045 COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City of Aspen Land Use: 1041 Deposit 1042 Flat Fee 1043 HPC 1046 Zoning and Sign Referral Fees: 1163 City Engineer 1205 Environmental Health 1190 Housing Building Fees: 1071 Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection 1079 Aspen Fire Other Fees: 1006 Copy 1165 Remp Fee 1303 GIS Fee 1481 Housing Cash in Lieu 1383 Open Space Cash in Lieu 1383 Park Dedication 1468 Parking Cash in Lieu 1164 School District Land Ded. TOTAL lybC-0 NAME: L 1�4' P K ' / -/ L L c 1,Gi' IC P/�ii� L ADDRESS /PROJECT: Al PHONE: CHECK# CASE/PERMIT#: # OF dOPIES: DATE: INITIAL:'wir �- + — DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site -specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless anexemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site -specific development plan as described below. LPRP River, LLC and LPRP Mill, LLC do Herb Klein, Manager, 201 N. Mill St. #203, Aspen, Colorado, 81611, 925-8700 Property Owner's Name, Mailing Address and telephone number Parcels 7 and 8, of Lot 3 Top of Mill Subdivision PUD, 942 S. Mill St. and 946 S. Mill St. Legal Description and Street Address of Subject Property PUD Amendment to adjust the common lot line between Parcel 7 and 8 approximately 20' to the north. Written Description of the Site Specific Plan and/or Attachment Describing Plan Resolution No. 13-2003, Approved on May 20, 2003 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) July 12, 2003 Effective Date of Development Order (Same as date of publication of notice of approval.) July 12, 2006 Expiration Date of Development Order (The extension, reinstatement, exemption from .expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 251h day of June 2003, by the City of Aspen Community Development Director. JulieA In Woods, Community Development Director G. Planning.Aspen. forms.DevOrder PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Parcel 7 and 8 of Lot 3 Top of Mill Subdivision PUD, 942 and 946 South Mill St., by Resolution of the Planning and Zoning Commission numbered 13-2003. For further information contact Scott Woodford at the Aspen/Pitkin Community Development Dept., 130 S. Galena St, Aspen, Colorado (970) 920-5102. s/City of Aspen Publish in The Aspen Times on July 12, 2003 130 S. Galena St. Aspen CO 81611 (970) 920-5090 (970) 920-5439, fax To: Herb Klein From: Scott Woodford, (970) 920-5102 Fax: 925-3977 Pages: 6 (including cover page) Phone: Date: /25/03 Re: Parcel 7 and 8, Top of Mill CC: ❑ Urgent x For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Comments: Herb, attached is the development order and un-signed, but approved ordinance for the Parcels 7 & 8 Top of Mill PUD Amendment. I haven't yet received a signed, recorded copy of the ordinance for my files, but it should be soon. Once it is recorded, you may get a copy from the Pitkin County Clerk and Recorder or call me for a copy. Please let me know if you have any questions (920- 5102). Sincerely, Scott. 0 RESOLUTION NO. 139 (SERIES OF 2003) 5e�d �O C,I6�s �-�►c�fi� on 61 fs lo3 A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT FOR PARCELS 7 AND 8 OF LOT 3, ASPEN MOUNTAIN PUD, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2 73 7-182-85-003(Fathering Parcel) ca d t a-k 49 add Sc,da„��s h ((,ohs -N&J mo'1 f� V"�5e Of WHEREAS, the Community Development Department received an application�"h� from LPRP River, LLC and LPRP Mill, LLC (Applicant), requesting a PUD Amendment to adjust the common lot line between Parcels 7 and 8 of Lot 3, Aspen Mountain Subdivision PUD approximately 20' to the north; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building, Fire, Parks, and Water Departments as a result of the Development Review Committee meeting; and, WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Department recommends approval of the Minor PUD Amendment for Parcels 7 and 8, Lot 3 Aspen Mountain Subdivision PUD; and WHEREAS, the City of Aspen Planning and Zoning Commission conducted a duly notified public hearing on May 20, 2003 and finds that the development proposal meets or exceeds all applicable development standards and that the approvals of the development proposal are consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare; and. WHEREAS, the City of Aspen Planning and Zoning Commission approved the PUD Amendment request via Resolution No. 13, Series of 2003, by a vote of four to zero (4 - 0); and NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO ON THE 20" DAY OF MAY 2003, THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, Parcels 7 and 8, Lot 3 Aspen Mountain Subdivision PUD, parcel identification of 2737-182- 85-003 (Fathering Parcel identification number), is approved for a PUD Amendment to adjust the common lot line between Parcels 7 and 8 approximately 20' to the north. Section 2• Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, Parcels 7 and 8, Lot 3 Aspen Mountain Subdivision PUD Amendment, is subject to the following conditions: The applicant shall record a PUD Amendment Plat for a Lot Line Adjustment with the Pitkin County Clerk and Recorder within 180 days of approval by the City of Aspen Planning and Zoning Commission. The plat shall include a plat note stating that the lot line adjustment between Parcels 7 and 8 will not affect the development rights and FAR on Parcels 7 and 8. 2. Prior to recordation of the PUD Amendment Plat, the applicant shall install monuments at all of the new property corners and show the monuments on the lot line adjustment plat. No landscaping shall be allowed within the 10' Top of Mill trail easement that partially encumbers Parcel 8. 4. Both Parcel 7 and Parcel 8 shall continue to be subject to the conditions of approval for Lot 3 Aspen Mountain Subdivision PUD approved by the City of Aspen City Council and contained in the ordinance approving the subdivision. Section 3• All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Planning and Zoning Commission are hereby incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4• This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5• If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Approved by the Planning and Zoning Commission at its regular meeting on May 20, 2003. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: David Hoefer, Assistant City Attorney Jasmine Tygre. Chair ATTEST: Jackie Lothian, Deputy City Clerk Of PO rc�l QlM"cflMe4d �01� -03 MEMORANDUM TO: The Aspen Planning & Zoning Commission i kk THRU: Joyce A. Allgaier, Deputy Director of Community Development FROM: Scott Woodford, City Plannepr"', RE: PARCELS 7 & 8, LOT 3, ASPEN MOUNTAIN SUBDIVISION PUD, PUBLIC HEARING, RESOLUTION NO. 13-, SERIES 2003 DATE: May 20, 2003 REQUEST SUMMARY: Planned Unit Development (PUD) Amendment to adjust the common lot line between Parcels 7 and 8 approximately 20' to the north. APPLICANT: LPRP River, LLC and LPRP Mill, LLC, rel)resewed by �� Herb S. Klein STAFF RECOMMENDATION: II APPROVAL WITH CONDITIONS PROPOSAL' According to the applicants who co-own the lots as tenants in common, the proposal is to adjust the common lot line between Parcels 7 and 8 twenty feet to the north for the purposes of better site design and utilization of these lots. The lot line adjustment will result in the following changes to the lot sizes: Existing: Proposed: Parcel 7 17,912 s . ft. 20,128 s . ft. Parcel 8 19,043 s . ft. 16,828 s . ft. With the change to the lot line, the 10' setbacks established on the final plat for the Top of Mill Subdivision PUD will remain the same and will be adjusted with the lot line. There will be no change to the allowed floor area ratio (FAR) as a result of the lot sizes changing because each lot's FAR were not based on individual lot sizes with the original approval. Each of these lots were allotted 6,500 square feet with the approval of the subdivision. In addition, two debris flow retaining walls, which were required by the City for subdivision approval, are also proposed to be shifted to coincide with the shift in the common lot line. REVIEW PROCESS: The applicant requests the following land use approval for the proposal described above: PARCEL 7 & 8, LOT 3, ASPEN MOUNTAIN SUBDIVISION PUD, STAFF REPORT PAGE I PUD Amendment; According to Section 26.445.100 (B) of the Land Use Code, an amendment to a PUD development order that is an enhancement of the final development plan, 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. Their action shall be final unless the decision is appealed to City Council. Staff finds that the lot line adjustment exceeds the thresholds for an insubstantial amendment because it is "inconsistent with a condition or representation of the project's original approval." Despite that finding, staff feels that the change is an "enhancement of the approved final development plan" (as will be explained below), which only requires P&Z approval; Final Review Authority: Planning and Zoning Commission BACKGROUND/EXISTING CONDITIONS: Lot 3 Aspen Mountain Subdivision PUD was approved by the Aspen City Council on March 11, 2002. PREVIOUS ACTIONS: There has been no previous land use activity or approvals on either of the subject parcels. STAFF COMMENTS: PUD AMENDMENT; Staff finds the proposed PUD Amendment complies with all of the applicable PUD Review Criteria (staff findings are detailed in Exhibit A). Staff believes that the adjustment of the common lot line between Parcels 7 and 8 will allow each parcel to be developed in a more compatible manner with the landscape, especially Parcel 7. Currently, Parcel 7 is a relatively large lot at 17,912 square feet, but its easily developable area (i.e. area with flatter grades) is limited to the approximate front half of the lot. The back half of the lot consists of steep pitches that would be more difficult to build on resulting in damage to the hillside and the possible need for retaining walls. Parcel 8, at 19,043 square feet, is slightly larger than Parcel 7 and has more gentle grades from front to back. In order to create a larger, flatter building area on Parcel 7, the applicant proposes to move the common lot line 20' north onto Parcel 8, which will enlarge the buildable area of Parcel 7 in a layout more parallel with the street (See Exhibit 4 of the Application for a sketch plan of the proposed layout of structures with the lot line adjustment). This change will more easily accommodate a large structure that the FAR allows and with less impact to the hillside. While moving the lot line to the north will make Parcel 8 slightly smaller, it still allows a buildable area on Parcel 8 with which to accommodate a 6,500 square foot house (or smaller) because its flatter grades allow building deeper into the lot. TOP OF MILL, PARCELS 7 AND 8 STAFF REPORT PAGE 2 DEVELOPMENT REVIEW COMMITTEE (DRC) REFERRAL COMMENTS; The DRC meeting was held on April 9, 2003. The minutes from that meeting are contained in Exhibit B. At the meeting, the only comment was from the City Water Department and Aspen Consolidated Sanitation District who responded that the water and sewer services were installed to Parcels 7 and 8 based on the previously platted lot lines and that the proposed lot line change could result in the water and sewer services no longer being located directly in front of the appropriate property. According to them, this could result in the utility lines crossing an adjacent parcel to access the site they were intended to serve. After consulting the as -built utility plans, however, it was determined that the utilities still align properly with the subject parcels and the concern of the utility departments is no longer valid. Additionally, the City Engineering Department has reviewed the proposal to move the mudflow retaining walls to correspond with the shifted lot line and have no concerns. A report from Tetra Tech, Inc. (Exhibit 4 of the Application) provides support for the change in location of the walls. Also, the City Parks Department has requested that a condition be added reminding the homeowner on Parcel 8 of the prohibition of landscaping within the trail easement that partially crosses the property (condition of approval to this effect has been included). STAFF SUMMARY AND RECOMMENDATION Staff recommends approval of a PUD Amendment for Lot 3 Aspen Mountain Subdivision PUD, Parcels 7 & 8. RECOMMENDED MOTION "I move to approve Resolution No. J-3, Series of 2003, for a PUD Amendment for Lot 3 Aspen Mountain Subdivision PUD, Parcels 7 & 8." ATTACHMENTS Exhibit A: PUD - Staff Findings Exhibit B: Development Review Committee (DRC) Minutes Exhibit C: Application TOP OF MILL, PARCELS 7 AND 8 STAFF REPORT PAGE 3 RESOLUTION NO. L3, (SERIES OF 2003) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT FOR PARCELS 7 AND 8 OF LOT 3, ASPEN MOUNTAIN PUD, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2 73 7-182-85-003 (Fathering Parcel) WHEREAS, the Community Development Department received an application from LPRP River, LLC and LPRP Mill, LLC (Applicant), requesting a PUD Amendment to adjust the common lot line between Parcels 7 and 8 of Lot 3, Aspen Mountain Subdivision PUD approximately 20' to the north; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building, Fire, Parks, and Water Departments as a result of the Development Review Committee meeting; and, WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Department recommends approval of the Minor PUD Amendment for Parcels 7 and 8, Lot 3 Aspen Mountain Subdivision PUD; and WHEREAS, the City of Aspen Planning and Zoning Commission conducted a duly notified public hearing on May 20, 2003 and finds that the development proposal meets or exceeds all applicable development standards and that the approvals of the development proposal are consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare; and. WHEREAS, the City of Aspen Planning and Zoning Commission approved the PUD Amendment request via Resolution No. _, Series of 2003, by a vote of to L - J; and NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO ON THE 20'h DAY OF MAY 2003, THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, Parcels 7 and 8, Lot 3 Aspen Mountain Subdivision PUD, parcel identification of 2737- TOP OF MILL, PARCELS 7 AND 8 STAFF REPORT PAGE 4 182-85-003 (Fathering Parcel identification number), is approved for a PUD Amendment to adjust the common lot line between Parcels 7 and 8 approximately 20' to the north. Section 2• Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, Parcels 7 and 8, Lot 3 Aspen Mountain Subdivision PUD Amendment, is subject to the following conditions: 1. The applicant shall record a PUD Amendment Plat for a Lot Line Adjustment with the Pitkin County Clerk and Recorder within 180 days of approval by the City of Aspen Planning and Zoning Commission. The plat shall include a plat note stating that the lot line adjustment between Parcels 7 and 8 will not affect the development rights and FAR on Parcels 7 and 8. 2. Prior to recordation of the PUD Amendment Plat, the applicant shall install monuments at all of the new property corners and show the monuments on the lot line adjustment plat. 3. No landscaping shall be allowed within the 10' Top of Mill trail easement that partially encumbers Parcel 8. 4. Both Parcel 7 and Parcel 8 shall continue to be subject to the conditions of approval for Lot 3 Aspen Mountain Subdivision PUD approved by the City of Aspen City Council and contained in the ordinance approving the subdivision. Section 3• All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Planning and Zoning Commission are hereby incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. �P.cil()n 4: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5• If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Approved by the Planning and Zoning Commission at its regular meeting on May 20, 2003. TOP OF MILL, PARCELS 7 AND 8 STAFF REPORT PAGE 5 • • APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: David Hoefer, Assistant City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk TOP OF MILL, PARCELS 7 AND 8 STAFF REPORT PAGE 6 EXHIBIT A PUD AMENDMENT — STAFF FINDINGS Planned Unit Development. A development application for PUD Amendment shall comply with the following standards and requirements: A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. STAFF FINDING: DOES IT COMPLY? YES When the Top of Mill Subdivision was approved, it was deemed to be consistent with the AACP. With this minor change of a lot line, staff finds that the subdivision will continue to be in compliance. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. STAFF FINDING: DOES IT COMPLY? YES The proposed lot line adjustment is relatively minor and will not result in this subdivision becoming out of conformance with the character of the surrounding area. 3. The proposed development shall not adversely affect the future development of the surrounding area. STAFF FINDING: DOES IT COMPLY? YES The proposed lot line adjustment will have no affect on the future development of the surrounding area. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. STAFF FINDING: I DOES IT COMPLY? I N/A The proposed lot line adjustment does not require any GMQS allotments or exemptions. B. Establishment of Dimensional Requirements: The PUD development plans shall establish the dimensional requirements for all properties within the PUD. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. The proposed dimensional requirements are listed below: I. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: TOP OF MILL, PARCELS 7 AND 8 STAFF REPORT PAGE 7 • • a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural or man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant 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: DOES IT COMPLY? YES The dimensional requirements for the subdivision were established with its original approval. Although changes are proposed to the lot lines and therefore to the lot sizes of both parcels, there will be no changes to the setback requirements or the allowed floor area ratio (FAR). The FAR's were established during the subdivision approval process and were not based on individual lot sizes, so they will not be altered in accordance with changes to lot size. Staff feels that the adjusted lot sizes can adequately accommodate the allowed 6,500 s . ft. of FAR. 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. STAFF FINDING: I DOES IT COMPLY? I YES Please see above for response. 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: DOES IT COMPLY? YES Two off-street parking spaces per unit will be provided. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if. a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. TOP OF MILL, PARCELS 7 AND 8 STAFF REPORT PAGE 8 • • b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. STAFF FINDING: I DOES IT COMPLY? I NOT APPLICABLE There is no increase in density being proposed. 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 mud flow, 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 natural features of the site. STAFF FINDING: I DOES IT COMPLY? NOT APPLICABLE There is no change proposed to the existing density. 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. STAFF FINDING: I DOES IT COMPLY? I NOT APPLICABLE There is no change proposed to the existing density. 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 TOP OF MILL, PARCELS 7 AND 8 STAFF REPORT PAGE 9 spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made 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 preserve 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 accommodated for 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: I DOES IT COMPLY? I YES Staff finds that the proposed lot line adjustment will allow better utilization of the site and help preserve steep slopes on the rear of Parcel 7 by allowing additional building envelope on the flatter portion of the site and will continue to comply with the other criteria cited above. C. 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 proposed features 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: I DOES IT COMPLY? I NOT APPLICABLE No changes are proposed, or necessary, to the proposed subdivision landscaping with this application. D. Architectural Character. It is the purpose of this standard 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 TOP OF MILL, PARCELS 7 AND 8 STAFF REPORT PAGE 10 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 development shall: 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. STAFF FINDING: I DOES IT COMPLY? I NOT APPLICABLE No changes are proposed. The structures built on these lots will still be required to comply with the Residential Design Standards of the City's Land Use Code with the building permit. E. Lighting. The purpose of this standard 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 interference 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 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: I DOES IT COMPLY? 7 NOT APPLICABLE No changes to the approved lighting plan are proposed. F. 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: 1. 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 built form, and is available to the mutual benefit of the various land uses and property users of the PUD. TOP OF MILL, PARCELS 7 AND 8 STAFF REPORT PAGE I 1 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. STAFF FINDING: I DOES IT COMPLY? NOT APPLICABLE No changes are proposed to the subdivision's open space or common areas. G. 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: I DOES IT COMPLY? I YES When the subdivision was originally approved as a PUD, it was deemed to comply with all of the above provisions. This proposal will result in no adverse impacts to the subdivision's public utilities or infrastructure. H. Access and Circulation. 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 roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. STAFF FINDING: I DOES IT COMPLY? YES TOP OF MILL, PARCELS 7 AND 8 STAFF REPORT PAGE 12 With this minor change to an interior lot line, there will be no change to the access to the two lots from the street and each lot will have adequate area to park the required amount of vehicles such that it will not create any traffic congestion on the adjacent roads. Phasing of Development Plan. 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: I DOES IT COMPLY? I NOT APPLICABLE No phasing, or change to the phasing is proposed. TOP OF MILL, PARCELS 7 AND 8 STAFF REPORT PAGE 13 EXHIBIT B DEVELOPMENT REVIEW COMMITTEE MINUTES At the April 9, 2003 meeting, the Development Review Committee reviewed the proposal and offered the following comments: Water Department and Sanitation District Comment: The water and sewer services were installed per the platted lot lines for Parcels 7 and 8. Approving the proposed lot line changes may result in the water and sewer services no longer being located in front of the appropriate property. The Applicant must take the following actions: (i) The forthcoming Top of Mills Minor PUD Amendment Plat (showing the Lot Line Adjustment) needs to show the current as -built location of the water and sewer services. (ii) If the water and sewer services no longer are in front of the appropriate property, the Applicant has a choice of (a) relocating the services or (b) providing a utility easement on the adjacent property to provide adequate area for service replacement or maintenance. Either option will need to be reviewed and approved by the Water Department and/or Sanitation District prior to the recordation of the amended plat. (iii) Presuming that the Applicant will choose to provide easements, easement agreements with each utility will need to be developed and these easements will need to be shown on the plat. TOP OF MILL, PARCELS 7 AND 8 STAFF REPORT PAGE 14 APr•21. 2003 6:51AM No.6334 P. 3/3 04i_ _ _1.. _ 1 970 9455948 SCHMUESER GORDON MEYER f� 002 -- CU � 1 PARCE 19,1043 SQ iT. k `t 1 i Tap PARR #7 17,911 FT. r ti vi vALv[ • is Mt� Toy Tw T� \ N leg >d 09TV a �y 2 Apr.21. 2003 6:50AM No,6334 P. 1/3 FAX TRANSMITTAL G A L. A M H O s To: J�I{+� NM= W��"`•, Ga P� 4/�s� � � n R C ri { 7 [ C Y 9 4 Nc. FROM:�G- 91►�`+t�y DATE: ,�24,D i! FAX #: �14 4 3 RE: "j o -rop ?� '�� U�i���i�s • PAGES: 3 (incl. cover sheet) t I 300 AABC Unit D — Aspen, Colorado 81611 tel M 429,12861 fax 970,429.1296 e-snail gainc4galatnbosarchitettc.net APr•21. 2003 6;51Ati'.t .,.. .2.-•970 945 5948 SCHMUESER GORDON I MEYER [N 41;i gLG� G � uR`+G70N'? S SCNMUESER GORDON MEYER INC i i 8 west 60 Streel, Suite 200 Glenwood Spring$ CO 81601 htt www.s m-inc.corn SCHNnSER GORDON MEYER No, 6334 P. 2/3 0 Genwood Springs Office' (970) 945-1004 FAX (970) 945-5948 Aspen Office' (970) 925-6727 FAX: (970) 925-4157 Crested Butte Mice: (970) 349.5355 FAX. (970) 349-5358 MISSION STATEMENT; We exist to make our clients successful. We do this by understanding their development and infrastructure needs, and the unique environment of the valley communitlos where we five.. We provide responsive. appropflate engineering, surveying and consulting sefvices to achieve our clients goals while protecting the health safety, quality of life and mountain environment of our neighbors. Project: 0 S Project No _ ZC) 11- 0 I Date. To,.—. ,ti 41 QMn 5 Fax: To To To: To:_ To: FROM, COMMENT i)t Fax Fax: Fax: Fax: Fax: ] Original mailed. CDNFIDENTIAUD NOTIC& lle&ginal not mailed. N This facsimile transmission (and/or documents accompanying it) may contain confidential information belonging to the sender, which is protected by me engineer/client privilege, The information Is intended only for the use of the individual or entity named above. If you are nor tt+e intended recipient, you Are hereby notified that any disclosure, copying, distribution. or the taking of any ' '"" ation is strictly prohibited, If you have received this transmission ,n error, please action in reliance immediately notify US by tefepnu1JC Lu aitarnye for return of the documents. Thank you. i\\■■a\\aa■\\aaa\\�aaa•\\\\\\�\\\aaaaaU\■7■aaa\\\aaa\\\aaaa■\\aaaa\\■aa�t.•\\■a■/\\a■ Total pages (including this page): Z— \ \f- IRI\t -xf-r- Please call it this amount of pages was not received. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and LPRP River, LLC and LPRP Mill, LLC (hereinafter APPLICANT) AGREE AS FOLLOWS: APPLICANT has submitted to CITY an application for Minor PUD Amendment for Parcels 7 and 8, Lot 3, Top of Mill Subdivision (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $1205 which is for 6 hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $205.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN By: Julie Ann Woods Community Development Director g:\support\forms\agrpavas.doc 1 /10/01 APPLICANT L RP RIVER, LLC and RP MILL, LLC By: Herbert S. Klein Manager Date: January 7, ZOO'S Mailing Address: 201 N. Mill St., Ste. 203 Aspen, CO 81611 PARCELS 7 AND 8, LOT 3, TOP OF MILL SUBDIVISION - MINOR PUD AMENDMENT APPLICATION PROJECT DESCRIPTION AND STATEMENT OF INTENT AND PURPOSE This application is submitted by the LPRP River, LLC and LPRP Mill, LLC, ("Applicants"), co -owners as tenants in common of Parcels 7 and 8, Lot 3, Top of Mill Subdivision/PUD. This is a relatively simple application for a minor adjustment in the common lot line between these two contiguous parcels for the purpose of better site design and utilization of these lots. The proposed change will move the common lot line northerly approximately twenty feet. The ten foot setbacks established on the Final Plat for Top of Mill Subdivision/PUD ("TOMMUD") will move along with the lot line and be maintained at ten feet. The lot sizes will change as follows: Existing (sq. ft.) Proposed (sq. ft.) Parcel 8 19,043 16,828 Parcel 7 17,912 20,128 There will be no change in the floor area allowed for each parcel since floor area was established by an allocation of overall floor area for the entire TOM/PUD, and was not based on a ratio of the square footage of each lot. The TOM/PUD established an allowable floor area of 6,500 square feet for each of these lots. Two debris flow retaining walls proposed to be constructed in locations shown on the Final Plat for TOM/PUD, along the westerly boundary of Parcel 7, along the common boundary between Parcels 7 and 8 and the westerly boundary of Parcel 8, will also be relocated to coincide with the new lot line. A report from TetraTech ISG, geo-technical engineers is attached and confirms that the relocation of the debris flow walls is acceptable. Other than the foregoing minor modifications, no other changes in the TOM/PUD plat and requirements is requested. During the Pre -application conference, Community Development Department Staff agreed that due to the extensive review and detailed approvals for TOM/PUD recently completed, this application need only address the criteria of the Aspen Municipal Code that are relevant to the proposed minor amendments. 26.445.060 Application Materials. A. Final, Consolidated, and Minor Development Plan. The contents of this development application for Minor PUD Amendment include the following: • The general application information required in Common Procedures, Section 26.304. (sic - 26.52.030) is as follows: The Applicants are LPRP River, LLC and LPRP Mill, LLC, both Colorado limited liability companies, *ose address is c/o Herbert S. Klein, Manager, 201 N. Mill St. #203, Aspen, Colorado 81611, 925-8700. 2. A consent to process this application is attached at Exhibit 1. Ownership and title information: The undersigned, an attorney licensed in Colorado, hereby certifies that the Applicants are the record owners, as tenants in common, of both Parcels 7 and 8, TOM/PUD. The legal description for these parcels is: PARCELS 7 and 8, TOP OF MILL SUBDIVISION/PUD, A PLANNED COMMUNITY, according to the Final Plat for Top of Mill Subdivision/PUD, a Planned Community recorded August 18, 2002, in Plat Book 62 at Page 4 as Reception No. 471099. The street address for each parcel is as follows: 942 South Mill Street, Aspen, Colorado 81611, for Parcel 7, and 946 South Mill Street, Aspen, Colorado 81611, for Parcel 8. Each parcel has an existing deed of trust for the benefit of NORTHERN TRUST BANK OF FLORIDA N. A., whose legal address is 700 Brickell Avenue, Miami, Florida 33131 on each parcel. The deed of trust on Parcel 8 is Recorded 10/24/02 as Reception No. 473899 and the deed of trust on Parcel 7 is Recorded 11/15/02 as Reception No. 474907. Both parcels are subject to the approval documents and protective covenants for the TOM/PUD, previously approved by the City. There are no mineral estate holders. 4. An 8 1/2 x 11" vicinity map is attached at Exhibit 2. The proposed amended PUD plat is attached at Figure 1, consisting of a current survey of the properties and describing the changes. This has been prepared by Schmueser Gordon Meyer, Engineers and Surveyors. This firm also prepared all of the TOM/PUD plats. This plat provides the applicable information required by Section 26.480.060(A)(3). As agreed upon with Staff, topographic information, utility locations and other matters germane to the TOM/PUD are provided by reference to the TOM/PUD Final Plat. 6. The Project Description and Statement of Intent and Purpose set forth above, includes a description and site plan of the proposed development including a statement of the objectives to be achieved by the PUD and a description of the proposed land uses, densities, natural features, traffic and pedestrian circulation, off-street parking, open space areas, infrastructure improvements and site drainage. 7. Please see the TOM/PUD final approval documents for information concerning the method of maintaining any proposed common areas on the site, including, but not limited to, common parking areas, walkways, landscaped areas and recreational facilities, and what specific assurances will be made to ensure the continual maintenance of said areas. A description of the dimensional requirements requested to be established through the review is set forth above in the Project Description and Statement of Intent and Purpose. 9. Please see the TOM/PUD final approval documents for information concerning responses to each of the PUD Review Criteria contained in Section 26.445.050 unless otherwise provided herein. 10. We believe the proposed amended plat for these two parcels will contain all the information necessary to describe the approvals sought. However, if necessary, a proposed PUD Agreement will be provided for staff review after approval of this proposal and before the amended plat is recorded which will reflect all conditions of the development as approved by City Council. 11. The pre -application summary sheet is attached hereto at Exhibit 3. 12. A letter from TetraTech ISG confirming the suitability of the revised locations to the debris flow deflection walls is attached hereto at Exhibit 4. 13. A list of lot owners within 300 feet of the property is attached at Exhibit 5. MINOR PUD REVIEW. (26.445.01) The following addresses only the specifically relevant criteria for this application. Please see the TOM/PUD final approval documents for information concerning any criteria not addressed herein. 26.445.050 Review Standards: Conceptual, Final, Consolidated, and Minor PUD. A. General requirements. The proposed development shall be consistent with the Aspen Area Community Plan. Response: This minor amendment to relocate the lot line and debris flow retaining walls is consistent with the.AACP. It is a slight change to the TOM/PUD which was found to be consistent with the AACP, and nothing proposed will alter that finding. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Response: This minor amendment will not be inconsistent with the character of existing land uses in the surrounding area. The proposed development shall not adversely affect the future development of the surrounding area. Response: The surrounding area is being developed as part of the TOM/PUD and will not be adversely affected by this minor change. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. Response: No GMQS allotment is necessary. B. Dimensional Requirements. Response: The dimensional requirements for the project were established in the TOM/PUD. The movement of the lot line is a slight change that has no effect on floor area or setbacks. There is adequate utility and road infrastructure, a full array of public transit facilities within a short distance from the property and pedestrian accessibility to the downtown core. The natural or manmade hazard areas that exist have been or will be fully mitigated by the requirements of the TOM/PUD and the relocation of the debris flow retaining walls has been approved by TetraTech ISG (See Exhibit 4). The proposed changes to the TOM/PUD site plan are compatible with the surrounding neighborhood. C. Site Design Response: Please see the TOM/PUD final approval documents for information concerning existing natural features, roads, etc. 4 D. Landscape Plan. Response: Site specific landscape plans will be reviewed as part of the 8040 Green line review and are not part of this application. A landscaping plan was required for the TOM/PUD and will not be affected by this minor amendment. E. Architectural Character. Response: The architectural plans for the project are subject to an 8040 Green line review and are not part of this application. F. Lighting. Response: All exterior lighting will fully comply with new City lighting codes and will be appropriate for the site and its structures. G. Common Park, Open Space, or Recreation Area. Response: Please see the TOM/PUD final approval documents for information concerning this criteria. This minor amendment will have no effect on this criteria. H. Utilities and Public facilities. Response: Adequate public infrastructure facilities exist to accommodate the development without any improvements. Aease see the TOM/PUD final approval documents for information concerning this criteria. This minor amendment will have no effect on this criteria. I. Access and Circulation. Response: Please see the TOM/PUD final approval documents for information concerning this criteria. This minor amendment will have no effect on this criteria. Exhibit List: Exhibit 1 - Consent to process this application. Exhibit 2 - An 8 '/2 x 11 " vicinity map. Exhibit 3 - Pre -application summary sheet Exhibit 4 - Letter from TetraTech ISG regarding locations to the debris flow deflection walls. Exhibit 5 - List of lot owners within 300 feet of the property. Maps: Figure 1 - Proposed amended PUD plat 5 • Respectfully submitted this day of January, 2003, HERBERT S. KLEIN AND ASSOCIATES P.C. Herbert S. Klein potamkin monomudapp-1.wpd L� 0 LPRP River, LLC and LPRP Mill, LLC MINOR PUD AMENDMENT APPLICATION Parcels 7 & 8, Lot 3, Top of Mill Subdivision Exhibit Index Exhibits 1. Consent and Authorization to Process Land Use Application 2. Location Map - Parcels 7 & 8, Top of Mill Subdivision 3. Pre -Application Conference Summary Sheet 4. Letter from Tetra Tech 5. List of Adjacent Land Owners Figures l . Top of Mill Subdivision Minor PUD Amendment Plat • • CONSENT AND AUTHORIZATION TO PROCESS LAND USE APPLICATION LPRP River, LLC and LPRP Mill, LLC hereby authorize Herbert S. Klein, Esq. (telephone: (970) 925-8700; address: 201 N. Mill St. Aspen, Colorado,81611) and John Galambos, (telephone 970-429-1286; address: 300D, AABC, Aspen, CO. 81611) to process an application for a minor pud amendment to adjust the common lot line between Parcels 7 and 8, Top of Mill Subdivision/PUD and to relocate debris flow deflection walls located thereon and any other land use approvals necessary therefore. Dated: January _'Z 2003. LPRP River, LLC and 4PRP Mill, LLC, each a Colorado Limited Liability Company By: Herb S. Klein, Manager of each (Same address and phone as above) potamkin\cpa.wpd EXHIBIT Z 1 E m Jan. 6. 2003 9 : 3 9 A M No.5122 P. 2/2 � �►UNl1 � Mkt n1.T.s . Received Time Jan, 6. 9:08AM EXHIBIT Z 2 E m • • CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Sarah Oates, 920-5441 DATE: 1.2.2003 Scott Woodford, 920-5102 PROJECT: Minor PUD Amendment, AMPUD, Lot 3, Parcels 7 & 8 (i.e. Top of Mill) REPRESENTATIVE: Herb Klein, 925-8700, FAX 925-3977, EMAIL hsklein@rofnet OWNER: Unknown DESCRIPTION: Minor PUD Amendment to realign the lot line between Parcels 7 and 8 of AMPUD, Lot 3 and re-establish setbacks based on the realigned lot line; no changes to density, FAR, etc. Land Use Code Section(s) (Cite all sections numbers and titles that apply to the application.) 26.445.050 Minor PUD Amendment Review by: Staff for completeness; Engineering Department. Public Hearing: Planning and Zoning Commission and City Council. Applicants must post property and mail notice at least 15 days prior to hearing. Applicant will need to provide proof of posting and mailing with an affidavit at the public hearing. Referral Agencies: Engineering Planning Fees: $1205 and hourly rate of $205 Referral Agency Fees: ie. Engineering, Minor ($180) Total Deposit: $1385 Notes: *Submittal requirements such as utility and grading plans can reference the AMPUD, Lot 3 final PUD documents rather than provide copies *Application can address only the applicable Minor PUD standards as outlined in Section 26.445.050 To apply, submit the following information: 1. Proof of ownership with payment. 2. Signed fee agreement. 3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 5. Total deposit for review of the application. 6. 19 Copies of the complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 1 7. An 8 1/2" by I I" vicinity map locating the parcel within the City of Aspen. 8. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. 9. List of adjacent property owners within 300' for public hearing. The GIS department can provide this list on mailing labels for a small fee. 920.5453 10. Copies of prior approvals (i.e. reference AMPUD, Lot 3 as applicable). 11. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferrellZip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. EXHIBIT 0 Z a 3 E o. I i, LUU7 j7 TETRA TECH, INC. In`rzstruccure services Group MEMORANDUM 70:(via fax) Trip Adams, Fgt_ ks DevelopMlert fax 970 925-1036 �. FROM: Peggy Bailey SUBJECT: Top of Mill, Mud flow modifications for parcels 7 and 8 DATE: February 6, 2003 In 2001 and 2002 Tetra Tech, lac (Tt) analyzed the mud and debris flow impacts i; om the proposed developmer_t of Top of M ll Subdivision, on down fm and adjacent properties- T nls analysis included .; ud and debris flow impacts within. the project its as well as the layout and design c:.te -:a of mud flow deflection walls. The analysis was finalized and presented in a report dated May 2, 2002, Sil-ice the cornpletion of the analysis and report, Top of Mill Investors L.L.C. has asked Tt to review certain proposed changes to the building layouts, de*lection -walls and lot lines for parcels 7 and 8. The purpose of this memorandum is to surnzaarize our analysis of the proposed changes and the resulting impacts on the rnud and debris flow depth calculations. This analysis is based on the proposed building layouts, dellec`son walls and lot lines provided by Galarnbcs Architects dated 12/18/02 (see attached). These revisions are incorporated into the site plan for inclusion in the mudflow analysis. Full build -out of the subdi-vision is utilized and reflects the r red_+jow event generated during a 100-year stoma, per the May 2, 2002 ;epoz+� The results of this analysis indicate that there is little to no change in down fan mud depths as compared R silts are sumnarzed as to our previous analysis. However, predicted rnud depths onsite do charge. ' ' follows: • Mud depths along the up fan or south face of the triplex on parcel 1 increase tom 1.48' to 2.9�' along the southwest wall of the proposed building. • Mud depths between bui]dings or_ parcels 7 and 8 increase from 2.2' to 4_S' • Mud depths increase slightly (maximum of 1 foot) in the cul-de-sac area of Mill Street • Mud depths down fan of the property were equal to or slightly less then those previous calculated • In general there were no other areas onsite that have an increase in calculated mud depths These results and revised deflection wall heiEht requirements are depicted or, the re-wsed site plan, Fimsre C-1, arached. Note that Tt analyses have been based on the full build -out of Top of Mill usin,; the assumed building and wall layouts shown_ on Figure C-1. Although filll build out will not occur sirhultaneously, it 1S antiClpated t0 Occur ill a relatively shorn time period, such as 4 to J years, when compared to t;Le overall desi� event of 100-yezr_. it 15 o1z 0pini0rl th L the full build out scenario c-eates the higlLtst rnudflow depths (and the greate, impacts) on and off sate, as compared to preconstruction or partial comple?ion of the subdivision.. This is due to the floodplain storage loss that occurs when a home is constructed. Floodplain storage losses result in increased depths elsew`lere. Full build out of the suodivision will also provide ?he necessary riud glow routing, rnanaoed by the buildings and detection walls required to maintain the down fan �;,ud dcprks =de. proposed conditions. Please feel free to contact the office should you have any questions or req�T.re additional info— P:�?ROJECTS - \VATcR rLCSOtTeZC25�c'CG•5 vfN-001 \Parcel 7 and 5 (1= 0=)iMcno p=tl 7 S rev.doc EXHIBIT Z a 4 E Received Time Feb•11• 1�52PM m z r CD, I I. LUUJ i : )Drm NO, 6502 P. 4/5 TETMTECH, INC. Iwo Infrastructure Services Group MEMORANDUM TO:(via fax) Tripp Adams, Four Peaks Development fax 970 925-1036 FROM: Peggy Dailey SUBJECT: Top of Mill, Mud flow modifications for parcels 7 and 8 Impacts to mud wall on Parcel 1 DATE: February 7, 2003 In reference to the results discussed in the Tetra. Tech memorandum dated February 6, 2003, the modifications to parcels 7 and 8 will cause an impact to the uphill mud wall of Parcel 1. Currently, the wall, which is parallel to the Aspen Trail, is currently designed to be 2 feet high where it connects to the building and 5 feet in height and the outer corner. Due to alterations in flow patterns created by the modifications to parcels 7 and 8, mud depths are expected to be higher by one foot in the area where the wall meets the building. To protect the triplex building in this area, the mud wall need to be increased by 1 foot to a height of 3 feet total at the end near the building as shown in the accompanying sketch. Please feel free to contact the office should you have any questions or require additional information. C,1Documenty and Settinsslcrn.thunderbowl\Locd Seaings%Tcmporary Internet Ft1es\0LKCiVr{emo 2.doo Received Time Feb. H. 1:52PM 0 0 fW TETRA TECH, INC. 410 9 French Slreel • P.O. Box 1659 • BI-eckenridge, CO 80424-1659 (970) 453-6394 • (970) 453-4579 Fax Prior to alterations of building footprints and ►vans on Parcels 7 and 8 Post alterations of building footprints and walls on Parcels 7 and 8 1. Mud wall needed to be 2 feet in height above ground I. Mud wall needs to be increased to 3 feet in height above ground _ 2, MW wall needed to be S feet in hm eight above ground 2. Mud wall needs to remain at S Net in height above pound 3. Mud wall needed to be 4 feet in height above ground 3. Mud wall needs to remain at 4 foci in height above ground � t S/>E VIEW A F WA L-L 3` &rea.1a be ir7cr`4sed &.t,o to chanIll 01, Pgwe%s 7 and 9 0 , \ / 8050 '\ �06,0 PARCEL PARCEL #8 l PARCEL 1 � \ PARCEL PARCEL SAS \ I C #5 \2 B A 'o --X1 GRAPHIC SCALE o v a ho ( IN PEST) 1 Inch s 40 IL o• a j� L\�� �N i Z LLolIQ®AJ=O-Z°$ M �Q S h e, LEGEND w � i 0 r� O PROPERTY U E 0- i 10' GROUND ONTWR a }, 8 —__—_--- 5' GROUND ONTOUR 9pg V MUD DEP CONTOUR (PROP. COND) \ _ 5' MUD DEPT CONTOUR (PROP COND) � PROPOSED W LLS A PROPOSED W LLS 0 NOTES: \ 8030 ` / 1. MUD DEPTHS FOR PROPOSED CONDITIONS ASSUME ALL BUILDINGS AND WALLS ARE CONSTRUCTED AS SHOWN. 8()A'0 � — �� 2. TOPOGRAPHY BY SCHUESE , GORDON, MEYER P #2 E �\ j 3. SITE PLAN BY SCHUESER, GORDON, MEYER !� 4. MUD DEPTH CONTOURS BY TETRA TECH, DEVELOPED USING FLO-2D MODEL, VE SION 2001.06, 1/20/03, FILE: Parcel 7 and 8 PROPO ' ED WALL HEIGHTS / Values shown designate height of wall above ground on the upper side of wall. f / / Walls E and G are grading wail top of wall should be Rush with upper level. P—AR CEL A 4 / 6 5 F / 4 6 � h PARCEL #4 6 5 4 H 2 2 �6 3 3 / 3 3 5 D 3 3 4 �JAN, 1.2003 11:17AM CITY OF ASPEN -"N0. 1492�P, 2 ANDERSON BRUCE J 700 S MONARCH #207 ASPEN, CO 81611-1854 BILLINGSLEY FAMILY LP 1206 N WALTON BLVD SENTONVILLE, AR 72712 CHILDS EVELYN 0284 COUNTY RD 102 CARBONDALE, CO 81623 DUBS DAVID CRAIG 2165 E OCEAN BLVD NEWPORT BEACH, CA 92661 FINKLE ARTHUR A & AMELIA 2655 LE JEUNE RD PENTHOUSE #1 CORAL GABLES, FL 33134 FRIEDKIN THOMAS H 7701 WILSHIRE PL STE 600 HOUSTON, TX 77040 HAGERFRANCES C/O ASPEN LODGING CO MGT 747 GALENA ST ASPEN, CO 81611 HEARST BARBARA B & PETER S 131 TREASURE HILL SOUTH KENT, CT 06785 HILLMAN RICHARD HAYES TRUST 13562 D ESTE DR PACIFIC PALISADES, CA 90272 LLOYD ASSOCIATES DAVID LLOYD ASSOC LTD 12 LEYS RD OXSHOTT SURREY ENGLAND KT2200E, ASPEN SKIING COMPANY PO BOX 1248 ASPEN, CO 81612 BLEILER JUDITH A PO BOX 10220 ASPEN, CO 81612 CLAYCOMB J BARRY 3157 D PINEHURST DR LAS VEGAS, NV 89109 EAST JAMES COLLIER TRUSTEE 5600 R ST LITTLE ROCK, AR 72207 FORT BERNARDO & LAURINDA SPEAR 3315 DEVON CT COCONUT GROVE, FL 33133 GABRIELLE BRIEGITTE M TRUST PO BOX 12011 ASPEN, CO 81612 BENNETT WOOD INTERESTS LTD PO DRAWER 1011 REFUGIO, TX 78377 BRIDGE TIM 300 PUPPY SMITH ST STE 203-225 ASPEN, CO 81611 COLE CONSTANCE P 1647 E MAPLEWOOD AVE LITTLETON, CO 80121 EDGAR ROBERT G 167 COUNTRY CLUB DR GROSSE POINTE, MI 48236-2901 FREEDMAN MICHAEL & NANCI WOLF 32460 EVERGREEN BEVERLY HILLS, MI 48025 GRIGSBY GEORGE T JR PO BOX 145 HOLLY SPRINGS, NC 27540 HALL THOMAS L PERS INCOME & ASSET HARDEN SHEILA TRUST 8111 CAMINITO MALLORCA 15145 PAWNEE CIRCLE LA JOLLA, CA 92037 LEAWOOD, KS 66224 HEMMETER GEORGE MEAD 1900 MYRTLE ISLAND DR LAS VEGAS, NV 89112 KERR WAYNE & CATHY 2374 FOOTHILLS DR S GOLDEN, CO 80401 MACAPA CORP 9465 WILSHIRE BLVD STE 400 BEVERLY HILLS, CA 90212 Received Time Jan. 1. 10:22AM HIBBERD LORNA W FAMILY TRUST PINE ISLAND RYE, NY 10580 LEVIN BARTON J AND NANCY M 701 S MONARCH ST #t6 ASPEN, CO 81611 MARMONT LOIS 0 PO BOX 9572 ASPEN, CO 81612 = EXHIBIT 0 i 5 m _ i_ JAN. 7.2003�11:17AM CITY OF ASPEN NO.7492'. ? MARUER JANIE K QPRT MAURER MICHAEL S QPRT MCVICKER JULIET 10585 N MERIDIAN ST #101 11550 N MERIDIAN ST #115 PO BOX 567 INDIANAPOLIS, IN 46206 CARMEL, IN 46032 MIDDLEDURY, VT 05753 MEHRA RAMESH TRUSTEE 3115 WHITE EAGLE DR NAPERVILLE, IL 60564 OLSEN MARSHALL G & SUSAN A 4404 GREENWOOD DR BENTON HARBOR, MI 49022 PETROVICH NICK D PETROVICH ROSA DEL CARMEN FERNANDEZ C/O FRIAS PROP OA ASPEN-730 E DURANT AVE ASPEN, CO 81611-2072 ROOKS JOAN ELIZABETH P 0 BOX 1035 REFUGIO, TX 78377-1035 SCHAINUCK LEWIS I & MICHELLE T 5750 DOWNEY AVE STE 206 LAKEWOOD, CA 90712-1468 SHAW GEORGE G 101 HIGH ST DENVER, CO 80218 SMITH CARLETON K 1 PARK PL BRISTOL, VT 05443 STEWART STAN & RITA 10 GELDERT DR TIBURON, CA 94920 MOORE ISABEL D TRUSTEE 50% 0426 WHITEBRIDGE LN ST LOUIS, MO 63141 OSTERMAN MICHAEL & LINDA LUCE PO BOX 262 PETTERSVILLE, NJ 07979 POLLOCK WILLIAM HARRISON PO BOX 2421 ASPEN, CO 81612 S C JOHNSON AND SON INC TAX DEPT 412 1525 HOWE ST RACINE, WI 53403 SCHERER ROBERT P JR 167 COUNTRY CLUB DR GROSSE POINTE, MI 48236-2901 SHINE FAMILY LLC 8677 LOGO 7 CT INDIANAPOLIS, IN 46219-1430 SPEYER LESTER D PR TST C/O TENNSCO CORPORATION PO BOX 1888 DICKSON, TN 37056-1888 VELMAR A COLORADO CORP C/O GRUPO DE MAR S A D E C V 747 S GALENA #F 204 ASPEN, CO 81611 MOORE JOHN W 50% 10426 WHITEBRIDGE LN ST LOUIS, MO 63141 PATRICK GARY R & PATRICIA A 537 MARKET ST STE 202 CHATTANOOGA, TN 37402 ROARING FORK PROPRIETARY LLC 2519 E 21 ST ST TULSA, OK 74114 SANCHEZ MARIA J & AR JR PO BOX 2986 LAREDO, TX 78044 SCHIMBERG HENRY & LINDA TRUST 2877 PARADISE RD LAS VEGAS, NV 89109 SIMON HERBERT 8765 PINE RIDGE DR INDIANAPOLIS, IN 46206 STANFORDJOHN C/O LEE MILLER 747 S GALENA ASPEN, CO 81611 WALDE WILLIAM L & D GAY 233 BARTON AVE WEST PALM BEACH, FL 33480 WAPITI RUNNING LLC WELCH PATRICK T & DEBORAH P ZIMAND SHERRY PO BOX 1003 ASPEN SNOWMASS LODGING CO C/O V 5426 OSPREY ISLE LN ASPEN, CO 81612 GARWOOD ORLANDO, FL 32819 747 S GALENA ST ASPEN, CO 81611 Received Time Jan• 7. 10:22AM S 'JAN. 7. 2003-11:17AM .. _ —CITY OF ASPEN NO. 7492iP. 4— -- ZUBROD MATTHEW S TRUST TOP OF MILL INVESTORS, LLC SUMMIT CONDOMINIUM ASSOCIATION PO BOX 8881 1000 S MILL ST CIO PETER S HEARST ASPEN, CO 81612 ASPEN, CO 61611-3800 747 S GALENA ST ASPEN, CO 81611 Received Time Jan. 7. 10:22AM go • • MEMORANDUM TO: Plans were routed to those departments checked -off below: X ........... City Engineer X ......... Community Development Engineer X ........... Zoning Officer O ........... Housing Director X ........... Parks Department X ........... Aspen Fire Marshal X ........... City Water X ........... Aspen Consolidated Sanitation District O ........... Building Department O ........... Environmental Health O ........... Electric Department O ........... Holy Cross Electric O ........... City Attorney O ........... Streets Department O ........... Historic Preservation Officer O ........... Pitkin County Planning O ........... County & City Disaster Coordinator O ......... Transportation FROM: Scott Woodford, (scottw(a),ci.aspen. co.us) Community Development Department 130 S. Galena St.; Aspen, CO 81611 Phone-920.5102 Fax-920.5439 RE: Top of Mill, Parcel 7 and 8 — Minor adjustment in the common lot line between two contiguous parcels for the pruporse of better site design and utilization of the lots. The proposed change will move the common lot line northerly approximately 20'. DATE: March 24, 2003 DATE OF DRC MEETING: April 12, 2003 at 1:30PM. • NOTE: IF YOU CANNOT ATTEND THE MEETING, PLEASE EMAIL YOUR COMMENTS TO JOHN NIEWHOEHNER Oohnn@ci.aspen.co.us) BY NOON ON April 12, 2003. YOUR COMMENTS WILL BE INCORPORATED INTO THE DRC MINUTES. *10 N �A017-03PARCELID: DATE RCVD "CASE NAME: Parcels 7&8. Lot 3 Top of Mill Subd. Minor PUD Amendment - PLNR: Scott Woodford Jill IPROJ ADDR: Parcels 7&8 Lot 3 CASE TYP: I Minor PUD Amendment STEPS: OWN/APP: LPRP River. ILL C nd ADR 1201 N. Mill St. Ste 203 C/S/Z: Aspen/CO/81601 PHN: REP: Herb Klein ADR: ___.. C/S/Z: PHN: 970-925-8700 FEES DUE:' S180 00 Engineering FEES RCVD: 51385 (1205 - Dep 180 Eng) ST FERRALS REFT-- BY� � DUE: MTG DATE REV BODY PH NOTICED 1 DATE OF FINAL ACTION REMARKS CITY COUNCIL:- PZ: T ;LOSED:�� BY: BOA: DRAC: i PLAT SUBMITD: PLAT (BK,PG): ADMIN: County of Pitkin } AFFIDAVIT GF NOTICE PURSUANT } ss. TO ASPEN LAND USE RLGIJLATIONS State of Colorado } SECTION 26.304.060(L) I, ^ Kristy Murray , baing or representin; an Applicant to the City of Aspen, personally certify that I have complied with the public notice r,oulre?-nents puTsuant to Section 26.304.060(E) of the Aspen Municipal Code in the following Malincr; l • By mailing of notice, a copy of which is attached hereto, by first-class postage prepaid U.S. Mail to all owners of property within three hundred (300) feet of the subject property, as indicated on tine attached list, on the 1stday of May 1200 3 (which is 20 days prior to the public h�--'1 ..ram �bta 20 2003 "Ic 1var:,s" zubllc W1 )� (Aiacs] pha -Traph here) icn was posted :lnuously from tI: day of `fit 5` be hosted for at Ieast Sicnatare ,l_)d Sig:,ed be" o- rre this 5th day of Play 200 3 , by /Kristy Murry--_-) - �iAN D ALTD 071-YI CIA L SEAL Y'• omlrisiN e, i:es: . J O 0 •O 1\'crfa, �' l�'''�o slgrE OF G PUBLIC NOTICE NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 20, 2003 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by LPRP River, LLC and LPRP Mill, LLC requesting a Minor Planned Unit Development (PUD) Amendment to adjust the common lot line between Parcels 7 and 8, Lot 3 of the Top of Mill Subdivision, approximately 20' to the north for the purpose of better site design and utilization of the lots. For further information, contact Scott Woodford at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5102, scottw@ci.aspen.co.us. s/Jasmine Tygre, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on May 3, 2003 City of Aspen Account • 0 GABRIELLE BRIEGITTE M. TRUST PO BOX 12011 ASPEN, CO 81612 FORT BERNARDO & LAURINDA SPEAR 3315 DEVON CT COCONUT GROVE, FL 33133 ETKIN DOUGLAS M & JUDITH G 29100 NORTHWESTERN HWY STE 200 SOUTHFIELD, MI 48034 EAST JAMES COLLIER TRUSTEE 5800 R ST LITTLE ROCK, AR 72207 CLAYCOMB J BARRY 3157 D PINEHURST DR LAS VEGAS, NV 89109 BLEILER JUDITH A PO BOX 10220 ASPEN, CO 81612 FRIEDKIN THOMAS H 7701 WILSHIRE PL STE 600 HOUSTON, TX 77040 FORD WARWICK S & NOLA M 6 ELLERY SQUARE CAMBRIDGE, MA 02138 ERICKSON CLAIRE L & BETTY LOU 1231 INDUSTRIAL RD HUDSON, WI 54016 DUBS DAVID CRAIG 2165 E OCEAN BLVD NEWPORT BEACH, CA 92661 CHILDS EVELYN 0284 COUNTY RD 102 CARBONDALE, CO 81623 BILLINGSLEY FAMILY LP 1206 N WALTON BLVD BENTONVILLE, AR 72712 FREEDMAN MICHAEL & NANCY WOLF 32460 EVERGREEN BEVERLY HILLS, MI 48025 FINKLE ARTHUR A & AMELIA 2655 LE JEUNE RD PENTHOUSE #1 CORAL GABLES, FL 33134 EDGAR ROBERT G 167 COUNTRY CLUB DR GROSSE POINTE, MI 48236-2901 COLE CONSTANCE P 1647 E MAPLEWOOD AVE LITTLETON, CO 80121 BRIDGE TIM 300 PUPPY SMITH ST STE 203-225 ASPEN, CO 81611 BANNON SUSAN B 8232 AVALON DR MERCER ISLAND, WA 98040 ASPEN SKIING COMPANY BENNETT WOOD INTERESTS LTD ANDERSON BRUCE J PO BOX 1248 PO DRAWER 1011 700 S MONARCH #207 ASPEN, CO 81612 REFUGIO, TX 78377 ASPEN, CO 81611-1854 Smooth Feed Sheets TM • ' Use template for 51600 HIBBERD LORNA W FAMILY TRUST HILLMAN RICHARD HAYES TRUST KERR WAYNE & CATHY PINE ISLAND 13562 D ESTE DR 2374 FOOTHILLS DR S RYE, NY 10580 PACIFIC PALISADES, CA 90272 GOLDEN, CO 80401 KWEI THOMAS AND AMY LEASURE BRIAN J LEVIN BARTON J AND NANCY M 30 LAKE ONIAD DR 410 BOYD DR 701 S MONARCH ST #6 WAPPINGERS FALLS, NY 12590-3853 CARBONDALE, CO 81623-9248 ASPEN, CO 81611 LLOYD ASSOCIATES LOVETT WELLS T & MARY M LOWE JAMES H DAVID LLOYD ASSOC LTD 18 STONE CREEK PK 8232 AVALON DR 12 LEYS RD OXSHOTT OWENSBORO, KY 42303 MERCER ISLAND, WA 98040 SURREY ENGLAND KT22OQE, MACAPA CORP MARMONT LOIS 0 MARUER JANIE K QPRT 9465 WILSHIRE BLVD STE 400 PO BOX 9572 10585 N MERIDIAN ST #101 BEVERLY HILLS, CA 90212 ASPEN, CO 81612 INDIANAPOLIS, IN 46206 MAURER MICHAEL S QPRT MCVICKER JULIET MEHRA RAMESH TRUSTEE 11550 N MERIDIAN ST #115 PO BOX 567 3115 WHITE EAGLE DR CARMEL, IN 46032 MIDDLEDURY, VT 05753 NAPERVILLE, IL 60564 MOORE ISABEL D TRUSTEE 50% MOORE JOHN W 50% MURCHISON ANNE A 0426 WHITEBRIDGE LN 10426 WHITEBRIDGE LN PO BOX 8968 ST LOUIS, MO 63141 ST LOUIS, MO 63141 ASPEN, CO 81612 NARDI STEPHEN J NOREN LARA L & STEPHEN C OLSEN MARSHALL G & SUSAN A PO BOX 641997 10927 BRIGANTINE DR 4404 GREENWOOD DR CHICAGO, IL 60664-1997 INDIANAPOLIS, IN 46256-9544 BENTON HARBOR, MI 49022 ONEILL ROGER OSTERMAN MICHAEL & LINDA LUCE PATRICK GARY R & PATRICIA A PO BOX 711 PO BOX 262 537 MARKET ST STE 202 LAKE GENEVA, WI 53147-3579 PETTERSVILLE, NJ 07979 CHATTANOOGA, TN 37402 PETROVICH NICK D PETROVICH ROSA DEL CARMEN POLLOCK WILLIAM HARRISON REARDON GENE F & DIANA FERNANDEZ PO BOX 2421 PO BOX XX C/O FRIAS PROP OA ASPEN-730 E ASPEN, CO 81612 ASPEN, CO 81612 DURANT AVE ASPEN, CO 81611-2072 ROANOKE INVESTORS LP 109 CLUB CREEK CT ROARING FORK PROPRIETARY LLC ROOKE JOAN ELIZABETH 17 PO BOX 17 2519E 21 ST ST P O BOX 1035 ST ALBBOX , MO 63073 TULSA, OK 74114 REFUGIO, TX 78377-1035 aAVERY@ Address Labels Laser 51f'0@ Smooth Feed Sheets TM 0 ' Use template for 51600 S C JOHNSON AND SON INC TAX DEPT 412 1525 HOWE ST RACINE, WI 53403 SCHERER ROBERT P JR 167 COUNTRY CLUB DR GROSSE POINTE, MI 48236-2901 SHINE FAMILY LLC 8677 LOGO 7 CT INDIANAPOLIS, IN 46219-1430 SPEYER LESTER D PR TST C/O TENNSCO CORPORATION PO BOX 1888 DICKSON, TN 37056-1888 STEWART STAN & RITA 10 GELDERT DR TIBURON, CA 94920 TOP OF MILL INVESTORS LLC 1000 S MILL ST ASPEN, CO 81611-3800 WAPITI RUNNING LLC PO BOX 1003 ASPEN, CO 81612 SANCHEZ MARIA J & AR JR PO BOX 2986 LAREDO, TX 78044 SCHIMBERG HENRY & LINDA TRUST 2877 PARADISE RD LAS VEGAS, NV 89109 SIMON HERBERT 8765 PINE RIDGE DR INDIANAPOLIS, IN 46206 SCHAINUCK LEWIS I & MICHELLE T 5750 DOWNEY AVE STE 206 LAKEWOOD, CA 90712-1468 SHAW GEORGE G 101 HIGH ST DENVER, CO 80218 SMITH CARLETON K 1 PARK PL BRISTOL, VT 05443 STANFORDJOHN STANTON JAMES C/O LEE MILLER C/O WORLD-WIDE HOLDINGS CORP 747 S GALENA 150 E 58TH ST ASPEN, CO 81611 NEW YORK, NY 10155 STRAWBRIDGE GEORGE JR SUMMIT PLACE CONDOS 3801 KENNETT PKE BLDG #B-100 C/O PETER S HEARST WILMINGTON, DE 19807 747 S GALENA ST ASPEN, CO 81611 VELMAR A COLORADO CORP C/O GRUPO DE MAR S A D E C V 747 S GALENA #F 204 ASPEN, CO 81611 WARGASKI ROBERT E TRUST 30353 N DOWELL RD MCHENRY, IL 60050 WALDE WILLIAM L & D GAY 233 BARTON AVE WEST PALM BEACH, FL 33480 WEEKS WILLIAM H JOHNSON-WEEKS FAMILY OFFICE 22 GRIGG ST GREENWICH, CT 06830 WEIGAND N R WELCH PATRICK T & DEBORAH P WHEELER CONNIE CHRISTINE 150 N MARKET ST ASPEN SNOWMASS LODGING CO C/O V MC CALLION GERARD WICHITA, KS 67202 GARWOOD 322 E 57 TH ST #313 747 S GALENA ST NEW YORK, NY 10022-2949 ASPEN, CO 81611 ZIMAND SHERRY 5426 OSPREY ISLE LN ORLANDO, FL 32819 ZUBROD MATTHEW S TRUST PO BOX 8881 ASPEN, CO 81612 �•� AVErwo Address Labels Laser 5160® Smooth Feed Sheets TM 401 ' Use template for 5160® GARDNER CHARLES L GHANEM MICHAEL GRIGSBY GEORGE T JR GARDNER RITA WALSH C/O FOREIGN CARS CNTL INC PO BOX 145 840 LOCUST AVE 70 SW 10TH ST HOLLY SPRINGS, NC 27540 WINNETKA, IL 60093 DEERFIELD BEACH, FL 33441 GUEST KELLEY & CATHERINE HAGER FRANCES HALL THOMAS L PERS INCOME & ASSET PO BOX 5578 C/O ASPEN LODGING CO MGT TRUST CARMEL, CA 93921 747 GALENA ST 15145 PAWNEE CIRCLE ASPEN, CO 81611 LEAWOOD, KS 66224 HARDEN SHEILA HEARST BARBARA B & PETER S HEMMETER GEORGE MEAD 8111 CAMINITO MALLORCA 131 TREASURE HILL 1900 MYRTLE ISLAND DR LA JOLLA, CA 92037 SOUTH KENT, CT 06785 LAS VEGAS, NV 89112 OOAVERY® Address Labels Laser 510 0 N O n Legend and Notes: ® indicates found #5 rebar and plastic cap as described. 4_r j • indicates set monument, I " / #5 rebar and Yellow Plastic Cap (YPC), /:. -.' �- i` .,.. L.S. 15710. .. ! - Bearings are relative to a bearing of S 45°10'13" W 1618.04 feet. between yellow plastic cap (No L.S. Number) and rebar found at SE j�ti . t, corner block 90, City of Aspen, and No. 5 rebar and plastic cap .' i C- ' ....0_..... L.S. 20151 found on southwester/y end of S 45°0000" W 41.90 feet 7p� y_ course on south line of Lot 3, Aspen Mountain Subdivision and P.U.D. - Date of survey -December 2002. - 7a�A�y_........T.. - - ;' .j1 .. `:..��..... / Setback — J FT/D. #5 REBAR :.'. '.'- - - - - - • ! l _ " r j 7 �'-++►. _ 7r ........._ P-------- ,. 1_,i i f /.. o .................... - OPEN SPACE y ._............__........_ -- yr m ------ _ : fr_.. �............. vrf .7. ;.:...:.'.'.'.' :..'- - - : 44. lily \ / - I - 2/lNT ` \ 10' TOP OF MILL : - -: - : TRAIL EASEMENT �- --- / --------•- - y�J 4, . 63S?• - • - - - - /- • - - - .�'..`_' fib.... ..,r ... _ . ..... ���� \ � � PARCEL 8 J: o ::.' . _ . _ ... - S86'20'S9'W /482'45 3�H /15. \ ` WX:ANY EASEMENT ... - - - _ - - GinjF \ i 1 :... S86'20 59 "W_N8 , °45 J, �GD SF \ / ::::'.: �._. :: OPEN SPACE ' ..._.... PA r _ �\ _ : - _ . • _ _ _ : - . :: : : : : - o PARCEL 7 `\ 20,128 SQ.FT. \ \\ ..".... � 1 / m / -: = - _ - = /ARC. U -._... ' •. _ ..._.'.%._ _- .• .". - .' - �\ oN \3j Opp / /v !! / .O - - I - �LS 237 r� iS 201 11. GRAPHIC SCALE ?o a io 20 to so 4' SIDEW EASEME1, TOP OF MILL ILL (PENA TE I STREET" ROAD) ( IN FEET ) I inch = 20 ft. 20151 \ I / 1i Itk. / I ) ;030 LINE TABLE LINE LENGTH BEARING L 1 7.85' 514°5049W L2 17.27' S33°01541_ L3 16. 95' N73°30 03'E CURVE TABLE CURVE LENGTH RADIUS TANGENT CHORD BEARING DELTA C1 68.53' 52,50' 40.14' 63.77' S10°5351'E 74`4742" C2 59. 14' 52.50' 33. 15' 56.06' S58`46 07"W 64°32'13" C3 67.63' 67.50' 56.96' 64.84' S17`59'18'E- 5724 24 " C4 57.71' 67.50' 30.75' 55.97' S58`18'12"W 48°5923" C5 23. 65 55. 00' 12. 01 ' 23. 47' S65' 19 35 'E 24'38 28 " C6 15.27' 52.50' 1 5.20' 16.20' N66"10 01 "W 1745'10" MINOR PUD AMENDMENT PLAT PARCELS 7 & 8, TOP OF MILL SUBDIVISION/P. U.D. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO r CITY COUNCIL APPROVAL This Minor PUD Amendment at of T p oflMill Subdivision/P.UD. is approved and accepted by the City Council of the City of ,4spen this ___ doy of __-------- 2003. Mayor Attest:____ City Clerk The purpose of this Minor PUD Amendment Plat is to modify the lot line between parcels 7 & 8 and the setbacks and deflection walls located within parcels 7 & 8 to the configuration shown and dimensioned on this plat. The real property depicted and described on the within Minor PUD Amendment Plat is subject to all plat notes set forth on the Final Plat, Top of Mill Subdivision/P.U.D., recorded the 16th of August, 2002, as Reception No. 471099. KNOW ALL MEN SY THESE PRESENTS that LPRP MILL, LLC, a Colorado limited liability company and LPRP RIVER, LLC, a Colorado limited liability company, as tenants in common being sole owner(s) in fee simple of all that real property described as follows: Parcel 7 and Parcel 8, Top of Mill Subdivision/P.UD., City of Aspen, County of Pitkin, State of Colorado according to the Final Plat thereof recorded the 16th day of August 2002 in Plat Book 62 at Page 4 as Reception No. 471099 have by these presents laid out and surveyed as Minor PUD Amendment Plot, Parcels 7 and 8, Top of Mill Subdivision/P.U.D., City of Aspen, a subdivision of a part of Pitkin County, Colorado. The aforesaid does hereby restate and rededicate all dedications made of any portions of the subject property to the purposes and for the beneficiaries as set forth in the Certification of Dedication and Ownership contained upon the Final Plat, Top of Mill Subdivision/P.UD., A Planned Community recorded the 16th day of August as Reception No. 471099. IN WITNESS WHEREOF, said Owner has caused his name to be hereunto subscribed this ----- day of ------------ A.D. 2003. OWNERS OF P,46CEL 7. LPRP MILL, LLC, a Colorado limited liability company and LPRP RIVER, LLC, a Colorado limited liability company, as tenants in common. By---------------------- Herbert S. Klein, Manager of each aforesaid LLC. STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The forgoing instrument was acknowledged before me this _--- day of ___-___- 2003, by Herbert S. Klein as Manager of LPRP Mill, LLC, a Colorado limited Lability company and as Manager of LPRP RIVER, LLC, a Colorado limited liability company My commission expires :__________________-.---____--__ Witness my hand and official seal. Notary Public OWNERS OF F4RCEL B. LPRP MILL, LLC, a Colorado limited liability company and LPRP RIVER, LLC, a Colorado limited liability company, as tenants in common. Herbert S. Klein, Manager of each aforesaid LLC. STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before? me this ____ day of 2003, by Herbert S. Klein as Manager of LPRP Mill, LLC, a Colorado limited liability company and as Manager of LPRP RIVER, LLC, a Colorado Iimited liability company M commission expires -_____ _ _ ._____ ____ ----- rotary Public ----------- • CITY ENGINEERS APPROVAL /, _ , for the City of Aspen, Colorado do hereby approve this 14inor PUD Amendment Plat of Parcels 7 and 8, Top of Mill Subdivision/P.U.D. based on the surveyor's statement of accuracy to be recorded in the office of the Clerk and Recorder of Pitkin County, Colorado. City of Aspen City Engineer Date ACCEPTANCE FOR RECORDING This Minor PUD Amendment Plat of Parcels 7 and 8, Too of Mill Subdivision/P.U.D. has been accepted for filing in the gffice of the Clerk and Recorder of Pitkin County, Colorado this _____ day of ____----_- 2003 in Plat Book -_- at Pages ----- as Reception No.-_-_----_. Clerk and Recorder By---------- Deputy TLE COMPANY CERTIR The undersigned, a duly -authorized representative of Pitkin County Title Inc., a title insurance company organized and authorized to do business in Colorado under the title insurance code of Colorado, does hereby certify that LPRP MILL, LLC, a Colorado limited liability company and LPRP RIVER, LLC, a Colorado limited liability company is the record owner of the herein described property, in fee simple, free and clear of all liens and encumbrances except a first deed of trust recorded at Book ___, Page __ with respect to Parcel 8 and a first deed of trust recorded at Book ____, Page --_ with respect to Parcel 7 or as shown or described hereon. Certified this ___ day of ----------- 2003. SURVEYOR'S CERTIFICATE 4 Kenneth R. Wilson, Professional Land Surveyor licensed under the low of the State of Colorado, do hereby certify that this Minor PUD Amendment Plot of Parcels 7 and 8, Top of Mill Subdivision/P.U.D. was prepared by me and under my supervision and that the location of the outside boundary, roads and other features ore accurately and correctly shown hereon, that the some ore based on field surveys performed under my supervision and in accordance with the Colorado Revised Statutes, Title 38, Article 51, as amended from time to time. l further certify that the error of closure for the boundary is better than 1:10,000. Easements of record as shown on the Final Plat, Top of Mill Subdivision/P.UD., recorded the 16th of August, 20021as Reception No. 471099. In witness thereof, i have set my hand and seal this _--_ day of----------A.D., 2003 Kenneth R Wilson, L.S. No. 15710 Notice: According to Colorado Law, you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any legal action boned upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. SCHMUESER CORDON MEYER I I ENGINEERS & SURVEYORS S C H M U ES E R GORDON M EYE R 1 1 8 W. 6TH STREET, SIUf lE ZC0 GLENWOOD SPRINGS COS 0 1100 11 (970) 945-1 004 FAX (970)1 94� i1� ASPEN COLORADO (97®]1 925-�ii7/27/ , E-mail: survey@symmimcim m TOP OF MILL SUBDI VISION/Pe V . D• NUM - PER REVISION DATE BY MINOR PUD AMENDM�'NT PL14 T Job No. 2002-27 U o o Drawn b A✓D Dote'- 01�07�03 OF 1 Approved: File?: toomill Ord-7-8-o0 Woodford 05t c f Aspen Planning 130 S Galena Asper , CO 81611 _ GABRIELLE BR TRUST PO BOX 12011 � o ASPEN, CO 81612 ltNDfq � I ripIEO Alor `KNo�"�� • ��9�ti s PUBLIC NOTICE NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 20, 2003 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by LPRP River, LLC and LPRP Mill, LLC requesting a Minor Planned Unit Development (PUD) Amendment to adjust the common lot line between Parcels 7 and 8, Lot 3 of the Top of Mill Subdivision, approximately 20' to the north for the purpose of better site design and utilization of the lots. For further information, contact Scott Woodford at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5102, scottw@ci.aspen.co.us. s/Jasmine Tygre, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on May 3, 2003 City of Aspen Account IN *Wooctf'01-(: f Aspen Planning 130 S. Galena f1speii, CO 81611 MARUER JANIE K QPRT 10585 N MERIDIAN ST #101 INDIANAPOLIS, IN 46206 W a�s� 1411b i i0ic;W IIIIIIIIIIIfIIIIf11I111[111„lli..l����III„IfIfIII III III 1I1II PUBLIC NOTICE NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 20, 2003 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by LPRP River, LLC and LPRP Mill, LLC requesting a Minor Planned Unit Development (PUD) Amendment to adjust the common lot line between Parcels 7 and 8, Lot 3 of the Top of Mill Subdivision, approximately 20' to the north for the purpose of better site design and utilization of the lots. For further information, contact Scott Woodford at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5102, scottw@ci.aspen.co.us. s/Jasmine Tygre, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on May 3, 2003 City of Aspen Account �ott Woodford City of Aspen Planning 130 S. Galena. ordetE,,piled Aspect. CO 91611 W pddr c' ®' d ad p Ritu: ed � � No Sac. ®µo Such *Xf SMITH CARLETON K -1 PARK PL III 001MAY OD RECEIVED MAY 0 8 2003 ASPEN BUILDING DEPARTMENT ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE c ADDRESS OF PROPERTY: Ld-15 0R 1&�� I 0 p O� ��n CO SCHEDULED PUBLIC HEARING DATE: I�7 /� �r , 200 STATE OF COLORADO ) ) SS. County of Pitkin ) I, \-,\ Cc L1.1�P .S L -I tzl:l 7- (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof -materials, which was not less than twenty-two (22) inches wide and twenty-sik, (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 200, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. gnature -tom The foregoing "Affidavit of Notice" was acknowledged befo e me this day of 200 3 , by J PUBLIC NOTCE NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 20, 2003 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to con- sider an application submitted by LPRP River. LLC and LPRP Mill, LLC requesting a Minor Plan- ned Unit Development (PUD) Amendment to ad- just the common lot line between Parcels 7 and 8 approximately 20' to the north for the purpose of better site design and utilization of the lots. For further information, contact Scott Woodford at the City of Aspen Community Development De- partment, 130 S. Galena St., Aspen, CO (970) 920- 5102, scottwOci.aspen.co.us. s/Jasmine Tygre, Chair Aspen Planning and Zoning Commission Published in The Aspen Times on May 3, 2003. (0351) WITNESS MY HAND AND OFFICIAL SEAL My commission expires: �/� 3 Y..P(Je Notary Public SA.RAH OATES p 'P Q Op CO ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL County of Piticin } AFFIDAVIT GF NOTICE PURSUANT ss. TO ASPEN LAND USE RLGIJLATIONS State of Colo. -ado } SECTION 26.304.060(E) I, (7-e- EC' L 1 o /-q being or representing an Applicant to the City of Aspen, persona'.ly certify that I have complied with the public notice requirements pursuant to Section 26.304.060(E) of the Aspen Municipal Code in the following n nanncr Ni�,ii to umers of property k+itltin three hundred (300 711ect property, as indicated on, the attache? list, t _ , 200� (tvhich is _ days prior to the public 2. 13y Hosting a sign in a con r,',=ou_ place on the subje;;t propery (as it could be seen from '' �, u C Hear: S� aLC_�C Way) w`d t�)ut :hC SaiC' S'g' �Y25 DOS;CCl uP_Cl VJSi'^i1C C01 :Jri'aously :rOm th— S —day of�iti-I 2G0_� +o thoZD ci: Y of NI 1 200�. (ML ' ne posted for at least t: n (10) iu:i days before t c hearing dare). A photoeraph of the posted Sign iS aitachcd hereto. Sicratsre , ,e) Sid _ed before me this) day of iYIQ 2003 . by G F_ e6- LI P/'.. - `VI —NESS MLY HAND AND 0F'Y1CTAL SEAI. My Commission expires: b -Z6 r 4 Notary Public .4 t V.: g s�q s 0 �rf OF Qd :.JW P tc - PLACEPURP OSR _ y.:rK��.e►t �:.r► ' —'AL APr At A r�• 0