HomeMy WebLinkAboutLand Use Case.942 S Mill ST.A017-03Top of Mill Parcels 7&8 Lot 3
Minor PUD Amendment A017-03
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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
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ADDRESS /PROJECT:
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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
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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
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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
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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
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Jan. 6. 2003 9 : 3 9 A M
No.5122 P. 2/2
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Received Time Jan, 6. 9:08AM
EXHIBIT
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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
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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
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