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HomeMy WebLinkAboutcoa.lu.pu.Moore Family PUD TDR 850 Moore Dr.0039.2007i MOORE FAMILY PUD TDR'S 850 Moore Drive 273514111109 0039.2007 9 0 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECT ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0039.2007.ASLU 2735-141-11-109 850 Moore Dr. J/I 1D"`( 6" / ' ,� Ben Gagnon Final PUD Gideon Kaufman 9/4/07 CLOSED BY Amy DeVault y 0 0 IVA MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Jennifer Phelan, Acting Community Development Deputy Director FROM: Ben Gagnon, Special Projects Planner RE: Moore Family PUD Amendment, Resolution No Series 2006 —Public Hearing MEETING DATE: September 4, 2007 APPLICANT /OWNER: Five Trees Homeowners Association. REPRESENTATIVE: Gideon Kaufman, of Kaufman, Peterson & Dishler LOCATION: Moore Family PUD. CURRENT ZONING & USE R-3 0/PUD PROPOSED LAND USE: The application requests that the existing 6,000 square foot limit on above -grade development for each parcel be increased to 6,500 square feet. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission approve this PUD Amendment, with conditions, finding that the proposal is "consistent with or an enhancement of the Moore Family PUD [§26.445.100(B)]. SUMMARY: The applicant requests an increase in the maximum allowable FAR from 6,000 square feet (above -grade) to 6,500 square feet (above -grade) via the use of up to two (2) City Transferable Development Rights (TDRs). Each TDR would allow for the addition of 250 square feet (above - .grade) to a parcel. This PUD Amendment would not alter other dimensional requirements, such as height limitations, and would have to be used within the footprint of existing structures at the Moore Family PUD. LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval from the Planning and Zoning Commission: PUD Amendment [Other Amendment] to increase maximum allowable FAR for the Moore Family PUD pursuant to Land Use Code Section 26.445.100(B). The Planning and Zoning Commission is the final review authority, who may approve, approve with conditions, or deny the proposal. PROJECT SUMMARY: In July 2007, the applicant sought administrative approval for an Insubstantial Amendment [§26.445.100(A)] to allow an increased FAR for each parcel in the Moore Family PUD from 6,000 s.f. to 6,500 s.f., using City of Aspen TDRs. P1 P, AVI • C Staff found that the application did not meet threshold standard #9 for an Insubstantial Amendment. That standard states that a PUD Amendment is not an Insubstantial Amendment if there is, "Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements." w Specifically, staff found that the proposed increase in allowable floor area was not consistent with the specific representation in the Moore Family PUD Final Development Approval, which established a specific FAR limit per parcel of 6,000 square feet above -grade. The applicant then proposed to apply under the category of "Other Amendment" [Section 26.445.100(B)]. The Community Development Director subsequently found the application to be "consistent with or an enhancement of the approved final development plan," but "does not meet the established thresholds for an Insubstantial Amendment." This finding allowed the application to proceed to the Planning and Zoning Commission. Section 26.445.100(B) states that the Planning and Zoning Commission may approve, approve with conditions or deny such an application for a PUD Amendment. The criteria for the review of "Other Amendment" is for the Planning and Zoning Commission to determine whether the application is "consistent with or an enhancement of the approved final development plan." STAFF COMMENTS: `OTHER AMENDMENT' REVIEW: All residential zone districts in the City of Aspen allow only one TDR to be extinguished per parcel. However, there is precedent for exceptions, particularly with regard to PUDs or subdivisions. For example, the Bar/X PUD/Subdivision was approved to accept TDRs from Pitkin County, allowing an additional 2,500 square feet for one (1) TDR — rather than the 250 square feet allowed by a City TDR. The ability for the City to make an exception at Bar/X was based on the size of the lots at this relatively remote site. Lots at Bar/X range from 2 to over 16 acres, with houses up to 7,500 square feet, plus 2,500 square feet with a Pitkin County TDR. Also, the R-6 Zone District allows for more than one City TDR to be landed in a PUD or subdivision when the sending site is within the same PUD or subdivision. Although the example from the R-6 Zone District is not directly on point, it does indicate that PUDs and/or subdivisions are, by nature, unique and distinct from metes and bounds parcels that are governed by the regulations of the underlying zone district. A PUD is intended to "encourage flexibility" and is allowed to demonstrate a "greater compatibility with existing and future surrounding land uses than would be possible through the strict application of the -underlying zone district provisions," according to the Purpose section of Planned Unit Development (PUD), Chapter 26.445.010. RECOMMENDATION: In reviewing the proposal, Staff finds that the addition of up to 500 square feet of above - grade floor area to each parcel in the Moore Family PUD does not represent an appreciable difference in the character of this development, and that the relatively minor 12% increase in allowable FAR is consistent with a PUD featuring large lots ranging from .7 acres to more 2 ! • 14 P3 than 1 acre, already allows for large homes and is adjacent to considerable open space near the edge of the City limits. However, the applicant's request to limit the additional square footage obtained via TDRs to within the "existing footprint of a single-family unit" is an administrative problem with regard to future building permit processing. Essentially, this language does not connect with existing language in the Moore Family PUD, and does not reflect a standardized procedure within the Building Department. Staff is recommending that the additional square footage obtained via TDRs be limited to "within the building envelope." The existing Moore Family PUD establishes clear boundaries for building envelopes, and the Building Department has standardized procedures with regard to building envelopes. Although the applicant wishes to limit the additional square footage obtained via TDRs to within the "building footprint," staff suggests that the Five Trees Homeowners Association may amend its own covenants to place its own restriction on exactly how the additional square footage may be landed in order to satisfy its membership. RECOMMENDED MOTION (ALL MOTIO�S ARE WORDED IN THE AFFIRMITIVE): "I move to approve Resolution No. , Series of 2007, approving a PUD Amendment for the Moore Family PUD, with conditions, finding that the review criteria for the application have been met." ATTACHMENTS: Exhibit A: Staff Findings — PUD Amendment, Other Amendment Exhibit B: Letter from Jim and Jane Jenkins (e-mail format) Exhibit C: Application P4 RESOLUTION NO. -:2 4 (SERIES OF 2007) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS A PUD AMENDMENT TO LAND TRANSFERABLE DEVELOPMENT RIGHTS FOR THE MOORE FAMILY PUD, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from the Five Trees Homeowners Association, represented by Gideon Kaufman of Kaufman, Peterson and Dishler, requesting approval of a PUD Amendment for the Moore Family PUD, Reception No. 420467; and, WHEREAS, the request seeks to increase the maximum allowable FAR from 6,000 square feet per parcel (above -grade) to 6,500 square feet per parcel (above -grade) via the landing of up to two (2) Transferable Development Rights (TDRs); and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the proposed PUD Amendment; and, WHEREAS, the applicable code standard is outlined in Section 26.445.100(B) "Other Amendment"; and, WHEREAS, during a duly noticed public hearing on September 4, 2007, the Planning and Zoning Commission reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein and approved the PUD Amendment by a vote of ; and, WHEREAS, the Planning and Zoning Commission found that the proposed amendment, with conditions, meets or exceeds all of the applicable development standards; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Approval of the PUD Amendment Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission approves the following language changes to the "Moore Family Planned Unit Development Guide," recorded at Reception No. 420467 with the Pitkin County Clerk and Recorder's Office: Article V, Floor Area Limitations, Section 1, Single Family Dwelling Units, is deleted in its entirety and replaced with the following: "Single-family dwelling units are limited to a floor area of 6,000 square feet, as defined in Article IV above. However, with the exception of single-family dwelling units may obtain up to two (2) City of Aspen • P5 Transferable Development Rights, each of which provide an additional 250 square feet of above -grade floor area, thereby establishing a new Maximum Floor Area Limitation of 6,500 square feet. The additional floor area obtained through the extinguishment of up to two (2) City of Aspen TDR(s) may only be utilized within the platted building envelope." Section 2• All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3• This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of -the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4• 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 of the City of Aspen on the 4th day of September, 2007. Attest: Jackie Lothian, Assistant City Clerk Dylan Johns, Chair Approved as to form: City Attorney P6 0 0 Exhibit A Review Criteria & Staff Findings 26.445.100 B. Other amendment. An amendment found to be consistent with or an enhancement of the approved final development plan by the Community Development Director, but which does not meet the established thresholds for an insubstantial amendment, may be approved, approved with conditions, or denied by the Planning and Zoning Commission, at a public hearing pursuant to Section 26.445.030(C) Step 3. Staff Finding: The Community Development Director finds this application for a PUD Amendment to be consistent with or an enhancement of the Moore Family PUD. However, staff finds the proposal does not meet the established thresholds for an Insubstantial Amendment, specifically regard with standard #9 (see below). 26.445.100 Amendment of PUD development order. A. PUD Insubstantial Amendments. An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. Staff Finding: There is no change in use or character of the development. 2. An increase by greater than three (3) percent in the overall coverage of structures on the land. Staff Finding: There is no increase in the overall coverage of structures on the land. 3. Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. Staff Finding: No substantial increase in trip generation or demand on public facilities is anticipated. 4. A reduction by greater than three (3) percent of the approved open space. Staff Finding: There is no reduction in approved open space. 5. A reduction by greater than one (1) percent of the off-street parking and loading space. Staff Finding: There is no reduction in off-street parking or loading space. 6. A reduction in required pavement widths or rights -of -way for streets and easements. Staff Finding: There is no reduction in required pavement widths or rights -of -way. 7. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings. • • P7 Staff Finding: N/A. This is not a commercial development. 8. An increase by greater than one (1) percent in the approved residential density of the development. Staff Finding: There is no increase in residential density. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. Staff Finding: Staff finds that the proposed increase in allowable floor area is not consistent with the specific representation in the Moore Family PUD which sets a specific FAR limit per parcel of 6,000 square feet above -grade. • RECEIVED COMMUNITY DEVELOPMENT DEPARTMENT 8/20/07 Dear Ben --- Thank you for calling. My wife and I live in Meadowood. What we do not need are larger houses. Please be good enough to advise the P&Z Commission that we don't think that this is a good idea. The houses in Five Trees are large enough as is. Thank you, Jim Jenkins Jane Jenkins 0269 Heather Lane • Ll ATTACHMENT 2 —LAND USE APPLICATION APPLICANT: Name: FIVE TREES HOMEOWNERS ASSOCIATION Moore Family P.U.D., according to the Moore Family P.U.D. Development Location: at Reception- o. .420467 (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 273514111109 REPRESENTATIVE: Name: Gideon Kaufman, Kaufman, Peterson & Dishler Address: 315 E. Hyman, #305, Aspen, CO 81611 Phone #: 925-8166 PROJECT: Name: Amendment to Moore Family PUD Address: Phone #: TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review 0 Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑- Historic Designation ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin., Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use ❑ Other: ❑ Lot Line Adjustment ❑ Text/Map Amendment EXISTING CONDMONS: (description of existing buildings, uses, previous approvals, etc. To amend the existing M'odre Family PUD per approval of Five Trees Homeowners Associati m ?ROPOSAL: (description of proposed buildings, uses, modifications, etc.) See Attachment 1 hereto Have you attached the following? FEES DUE: S 1, 410.00 (PAID) x❑ Pre -Application Conference Summary n Attachment #l, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form x❑ Response to Attachment 44, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. 11 0 ATTACHMENT 1 Regarding Article V, Floor Area Limitations, § 1, Single -Family Dwelling Units is deleted in its entirety, and replaced with the following: "Single-family dwelling units are limited to a floor area of 6,000 square feet as defined in Article IV above. The foregoing notwithstanding, the floor area of single-family dwelling units may exceed 6,000 square feet through use of historic Certificates of Transferrable Development Rights ("TDRs"). A lot owner may use a maximum of two (2) historic TDRs for a total of 500 square feet of additional square feet. The increased floor area can only be used internally and utilized within the existing footprint of a single- family unit." • GIDEON I. KAUFMAN* LAW OFFICES OF HAL S. DISHLER** PATRICK D. MCALLISTER KAUFMAN, PETERSON & DISHLER, P.C. 315 EAST HYMAN AVENUE, SUITE 305 ALSO ADMITTED IN TEEXASRAS • ALSO ADMITTED IN ND ASPEN, COLORADO 81611 •• July 25, 2007 Mr. Ben Gagnon, Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 BROOKE A. PETERSON OF COUNSEL Re: Moore Family Planned Unit Development - PUD Amendment Dear Ben: TELEPHONE (970) 92S-8166 FACSIMILE (970) 925-1090 Steve Crown and Nancy Crown, the owners of a lot located in Five Trees, and the Moore Family PUD/Five Trees Homeowners' Association (collectively "Applicant") are represented by Kaufman, Peterson & Dishler in this land use application. Five Trees is located on Maroon Creek Road at the base of the Aspen Highlands Ski Area and by the Aspen Public School Campus (see Attachment 1, Vicinity Map). The Applicant seeks approval for the following minor change to the PUD. LAND USE APPROVALS The Applicant has met with the Community Development Department to identify the applicable land use reviews and process. Refer to the Pre -application Summary Sheet (Attachment 1). The change to the PUD is subject to one land use review by the City of Aspen Community Development Department and the Planning and Zoning Department, and is outlined below. Planned Unit Development Insubstantial Amendment/ Other Amendment (Section 26.445.100) Attachment 2, Proposed PUD language change. We believe the land use request complies with Section 26.445.100 of the Land Use Regulations which appear below. Section 26.445.100.A. The following shall not be considered an insubstantial amendment: A. 1. A change in use or character of the development. to Mr. Ben Gagnon, Planner July 25, 2007 Page 2 A. 2. An increase by greater than three (3) percent in the overall coverage of structures on the land. A. 3. Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. A.4. A reduction by greater than three (3) percent of the approved open space. A.5. A reduction by greater than one (1) percent of the off-street parking and loading space. A.6. A reduction in required pavement widths or rights -of -way for streets and easements. A.7. An increase of greater than two (2) percent in the approved gross leasable floor area of a commercial building. A.8. An increase by greater than one (1) percent in the approved residential density of the development. A.9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a further variation from the projects approved or dimensional requirements. We believe that our application is eligible for an insubstantial amendment, since we are not in conflict with any of the restrictions of A.1. through A.9. above. Yet, the Staff felt more comfortable having the P&Z review our request per Section 26.445.100.13, Other Amendment. We believe that we also comply with the requirements of this section, as an amendment must be found consistent with or an enhancement of the approved Final Development Plan. We believe that our amendment clearly is consistent with and enhances the final approval, because it creates a situation whereby the scale of historic structures is preserved, and the scale of the existing homes utilizing TDRs in Five Trees is maintained. The City of Aspen determined that it was important in order to preserve historic structures to offer owners of those properties an opportunity to receive economic benefit, while at the same time, preserving historic character and scale of existing landmark structures. A TDR program was implemented to help incentivize and make possible this important community goal. The Crowns are the first people to purchase historic TDRs, which gives credibility to this important program. Simultaneous with the purchase of the TDRs, and at the suggestion of the Planning Office, we received approval from the Five Trees Homeowners to modify the Five Trees PUD Agreement to specifically allow the use of up to two (2) historic TDRs. This tracks with Section 26.535.080.H., which states that the development allowed on a Receiver Site by extinguishment of historic TDR Certificate(s) (note plural) is allowed according to Mr. Ben Gagnon, Planner July 25, 2007 Page 3 zone districts and land use, or as specified in a Final PUD Plan for the Receiver Site. The proposed PUD modification creates a win -win situation for the community, as it takes FAR from sensitive historic structures and allows them to be used within existing footprints of non -historic homes on large lots. It also eliminates any visual impact from utilization of the TDRs. You, therefore, preserve historic scale, and yet preserve footprint and scale of existing homes. The intent of preserving the footprint and scale of existing homes means that the square footage must be utilized within the existing home, from ground level to sky, within the existing basement, first or second floors. No additional height can be added, nor can you go outside the four walls of the existing structure. SUMMARY This land use application has demonstrated compliance with the Aspen Land Use Regulations identified in the Pre -application summary sheet. The following list of attachments is provided to assist in the review of the application. 1. Attachment 1 - Pre -Application Conferency Summary 2. Attachment 2 - Proposed PUD Language Change 3. Vicinity Map 4. Moore Family PUD Final Plat 5. Letter verifying Applicant's ownership of property 6. Letter from Steve Crown authorizing submission of land use application 7. Letter from Five Trees Homeowners' Association authorizing submission of land use application 8. Fee Agreement 9. Application Deposit Fee - Check for $1,410.00 10. List of Owners within 300 feet of Moore Family PUD/Five Trees Subdivision Please contact me at 925-8166 if I can provide any additional information and or materials. Thank you for your assistance. Sincerely, KAUFM , PETERSON & DISHLER, P.C. A Prof E ss}on*Zorporation By Gideo G K/bw Enclosures ufman • ATTACHMENT 1 0 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Ben Gagnon, 429-2755 PROJECT: Five Trees PUD REPRESENTATIVE: Gideon Kaufman Tel: 925.8166 DATE: 7.23.2007 DESCRIPTION: The prospective Applicant would like to amend the Five Trees PUD to allow for an increase in the allowable FAR for each single family unit, from 6,000 square feet to 6,500 square feet via the landing of up to two (2) TDRs on each single-family parcel. The prospective applicant would abide by all dimensional requirements of the existing PUD. The properties are zoned R-30 with a PUD overlay. The increased FAR limit and the ability to land multiple TDRs will require a PUD Amendment, with a public hearing at the Planning and Zoning Commission. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.445.100(13) Planned Unit Development (Other Amendment) 26.710 R-30 Zone District Review by: - Staff for complete application - Planning and Zoning Commission for PUD Amendment Public Hearing: Required at P&Z for PUD Amendment. Applicant may appeal to City Council. Applicant must post property and mail notice at least 15 days prior to the public hearing. Applicant will need to provide proof of posting and mailing with an affidavit at the public hearing. City will complete publication of notice. Referral Agencies: None Planning Fees: Planning Deposit Minor ($1,410 for 6 hours) Referral Agency Fees: N/A Total Deposit: $1,410 (additional planning hours over deposit amount are billed at a rate of $235/hour) To apply, submit the following information: 1. Total deposit for review of the application. 2. Proof of ownership. 3. Completed Land Use Application Form. 4. Signed fee agreement. 5. Completed Dimensional Requirements Form. 6. 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. 7. 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. 8. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. • • 9. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. This must be current (within one year) and signed by a surveyor. Not required. 10. 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. Please provide a written response to all applicable criteria. 11. List of adjacent property owners within 300' for public hearing. Contact GIS Dept. at 920.5453. 12. Copies of prior approvals. 13. Additional application material as required for each specific review. (See application packet and land use code) 14. 10 Copies of the complete application packet and maps. 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. • 0 ATTACHMENT 2 Regarding Article V, Floor Area Limitations, § 1, Single -Family Dwelling Units is deleted in its entirety, and replaced with the following: "Single-family dwelling units are limited to a floor area of 6,000 square feet as defined in Article IV above. The foregoing notwithstanding, the floor area of single-family dwelling units may exceed 6,000 square feet through use of historic Certificates of Transferrable Development Rights ("TDRs"). A lot owner may use a maximum of two (2) historic TDRs for a total of 500 square feet of additional square feet. The increased floor area can only be used internally and utilized within the existing footprint of a single- family unit." Aspen Street Map 2 Stage Rd Irk.y Sr Or,h}o�rHer!orj ly"11OW Rd Mo a or &D, m mein View Df ,, c.,..: od Cir Snowbunny Ln B ny Ct as cl Aspen Gall course Q n o Musrc 0 ce NO Gillespie St St q. S a In lor *#, or While Aspen While River % National For sf So Ble Forest r or S Maroon Crook Rd 4' St L" X Elom School Aspen alley losphal AUfiddl Ir Sch00 Mountain at IN 0kON ClOid 7rW High Sch-I SC Rd ig Sievers Cir PnmtO1 10) Cir J- C ade f ascade LA Z SteinI ay Aspen c St chase D, Highlands 44 O MAP KEY While River National Forest Jul.25 2007 2:11PM HP•LRSERJET 3330 • p.2 FIVE TREES HOMEOWNERS' ASSOCIATION The undersigned, as Wv of the Five Trees Homeowners' Association, hereby authorizes Kaufman, Peterson & Dishler to submit a land use application to the City of Aspen Planning Department for approval of an amendment to the Moore Family Planned Unit Development (`SPUD Amendment"), and to do any and all acts and submit any and all documentation related to obtaining the PUD Amendment. Dated this i&-day of Au� , 2007 FIVE TREES HOMEOWNERS' ASSOCIATION By GARY BEACH, Manager • • CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and STEVEN CROWN (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Amendment to Moore Family PUD (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 48 (Series of 2006) 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 $ 1410. 0@vhich is for _ six 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 $235.00 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 pr essing have been paid. CITY OF ASPEN APPLICANT By: By: Chris Bendon Gide aufman, Attorney for Applicant Community Development Director Date: 7/ 2 5/ 0 7 Billing Address and Telephone Number: Require Kaufman, Peterson & Dishler 315 E. Hyman, #305, Aspen, CO 81611 925-8166 C:\Documents and Settings\johannahr\Desktop\LUFeeAgree.doc ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: QUf� 0 f-A0 � � � � Aspen, CO SCHEDULED PUBLIC B1t aRING DATE: A) 200 STATE OF COLORADO ) ss. County of Piflan ) (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-six (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 all owners of 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 nextpage) 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, ttie proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was acknowledged before me this day of 200_, by WITNESS My HAND AND OFFICIAL SEAL ' My commission expires: Notary Public ATTACHMENTS: COPYOF THEPUBLICA770N PHOTOGRAPH OF THE POSTED NOTICE (SIGA9 LIST OF THE.OWNERS AND GOVERNMENTAL, AGENCIES NOTICED BYAM-M r PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a PUD Amendment rsuant to the Creation of Use a vested property g n and Title 24, Article 6B. Code of the City of Asps pertaining to the follow Colorado Revised Stet'. Family PUD, Pitkm ing described property. County Clerk and Recorder Reception No. n 420267, byy a 3-1 vote of the City of Aspen Plan ning and Zomno ce ved approv"ission on al oSeptember PUD 2007. The Applicant Amendment to allow for an increase in the mum allowable above -grade square footage from mum square feet to 6,500 square feet per parcel via the use of up to two (2) City of Aspen Transfer able Development Rights (TDRs). For further informabon contact Ben Gagnon. l t 130 City of Aspen Community Development Dep S. Galena St. Aspen. Colorado (970) 429-2755. I- n s/ City of Aspen 111 Published the Aspen Times Weekly on Sep em z- U 91 I 0 O lb (1� l rI N9 ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: M Do ct rG-)/v, (y P V D Aspen, CO SCHEDULED PUBLIC HEARING DATE: �/© 3 200_ STATE OF COLORADO ) ss. County of Pitkin ) I, L � ` Cr--, 1\C." (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 fcam was obtained from the Community Development Department, which was made of suitablq( waterproof materials, which was not less than twenty-two (Z, Li;4ds wide and twenty-six (26) inches high, and which was coml�nked ofldters 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 all owners of 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) I { 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 shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The fo going "A davi of Notice" was acknowledged before me this day of 200�bylj a Ct F10 Vl W=NESS MY HAND AND OFFICIAL SEAL 2 : 3PGWE �� My commission expires: Q V0 ; o o Public Sr�TF OF GO�o ATTACHMENTS: COPY OF THE P UBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGA9 LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL PUBLIC NOTICE RE-M OHEARINGFAMILY PUD, PUD AMENDMENT, C NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday. September 4, 2007, at a meeting to begin at 4:60 p.m. before the Aspen Planning and Zoning Commission, in the Sister Cities Room, City Hall, 130 S. Galena St., Aspen, CO, to review a proposal for a PUD Amendment to the Moore Family PUD. The subject property is core information, on ily cReception Ben en Gagnon at the Oty of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 429-2755. (or by email at bengci.aspen.co.us). Allwritten cor- respondence related to the application sent to the above a -mail or physical address. Applicant: Five Trees Homeowners Peterson & c/o Gideon Kaufman, , CO81611 Dishler. 315 E. Hyman, #305, Aspen (IDylan Johns Aspen Planning and Zoning Commiulon Published (65the 12Aspen Times Weekly on August VL 41 ,''gyp• � "• M� �� 40 * , V *•y r • 08/28/2007 lw dp, lifts-, r 0 GIDEON I. KAUFMAN* LAW OFFICES OF BROOKE A. PETERSON HAL S. DISHLER** KAUFMAN, PETERSON & DISHLER, P.C. OF COUNSEL PATRICK D. MCALLISTER TELEPHONE 31 S EAST HYMAN AVENUE, SUITE 30S (970) 92S-8166 • ALSO ADMITTED INMARYLAND ASPENCOLORADO 8161 I FACSIMILE •• ALSO ADMITTED IN TEXAS , (970) 925-1090 July 30, 2007 Mr. Ben Gagnon, Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Moore Family Planned Unit Development - PUD Amendment Dear Ben: Enclosed please find a list of owners within 300 feet of the Moore Family PUD. This should complete our application. Please contact me at 925-8166 if I can provide any additional information and or materials. Thank you for your assistance. Sincerely, KAUFMAN, PETERSON & DISHLER, P.C. A Professional Corporation /, B r Y Gideon Kaufman GK/bw Enclosure Easy Peel Labels I See Instruction Sheet IAWRY®5160® i Use Avery® TEMPLATE 51600 1F aper for Easy Peel Feature IF N 1 ALLEN DOUGLAS P JR 0129 HEATHER LN ASPEN, CO 81611 ALLEN GERALD D & ELEANOR TRUSTEES 0165 HEATHER LN ASPEN, CO 81611 ASPEN HIGHLANDS COMMERCIAL ASPEN HIGHLANDS MOUNTAIN LLC METRO DIST PO BOX 1248 715 W MAIN ST #304 ASPEN, CO 81612 ASPEN, CO 81611 AYRES R WILLIAM JR TRUST 50% BERLEY DAVID B 001% INT AYRES REBECCA T 50% PO BOX 3652 28 LARKSPUR LN ASPEN, CO 81612 ASPEN, CO 81611 BRADFORD DEBORAH BRADFORD DEBORAH 45 GLEN EAGLES DR PO BOX 4856 ASPEN, CO 81611 ASPEN, CO 81612 CARSON L KELLEY CHOPIVSKY GEORGE JR PO BOX 8927 3217 CATHEDRAL AVE N W ASPEN, CO 81612 WASHINGTON, DC 20008 CITY OF ASPEN CLUB PROPERTIES INC 130 S GALENA ST 1 GROVE ISLE DR #1501 ASPEN, CO 81611 MIAMI, FL 33133 DAKS FAMILY TRUST DALY JACQUELYN M 889 S STARWOOD DR 249 HEATHER LN ASPEN, CO 81611 ASPEN, CO 81611-3347 DUBRULE LEMONS DIANE CHERYL DUFFEY MARY A 999% INT 187 HEATHER LN PO BOX 3652 ASPEN, CO 81611 ASPEN, CO 81612 FLOM JASON & WENDY FRAMPTON GEORGE T JR 15280 NW 79TH CT STE 101 45 E 62ND ST #A MIAMI LAKES, FL 33016-5852 NEW YORK, NY 10021-9014 FRISSELLE FAM TRUST 50% INT GEER JANE MOORE 1/3 ARBURY DOROTHY D TRUST 50% INT PO BOX 126 123 LARKSPUR LN WOODY CREEK, CO 81656 ASPEN, CO 81611 ANDERSON THOMAS J & JEANETTE G PO BOX 226 ASPEN, CO 81612 ASPEN SCHOOL DISTRICT NO 1 RE 0235 HIGH SCHOOL RD ASPEN, CO 81611 BOWDEN J MURRY FAMILY TRUST 5847 SAN FELIPE #3600 HOUSTON, TX 77057 CARLSON DOUG M & MARY M PO BOX 4 ASPEN, CO 81612 CHURCH OF JESUS CHRIST OF LDS C/O REAL ESTATE DIVISION 50 E NORTH TEMPLE 22ND FL SALT LAKE CITY, UT 84150 CONOVER MARY C/O SHANNON T MORGAN CPA PC 533 BOGART LN #C GRAND JUNCTION, CO 81505 DOREMUS ANDREW J & JEANNE C 75.5034% 85 GLEN GARRY DR ASPEN, CO 81611 FLEISHER DAVID M BERKO GINA 292 GLEN EAGLE ASPEN, CO 81611 FRANCIS JUDI TRUST 0201 HEATHER LN ASPEN, CO 81611 GERSCHEL CHRISTINE A PO BOX 2985 ASPEN, CO 81612 f tiquettes faciles A peter A Utilisez le gabarit AVERY@ 51600 Sens de chargement Consultez la feuille www.averycom d'instruction 1-800-GO-AVERY Easy Peel Labels L1► i See Instruction Sheet; ^ ® ® i Use Avery® TEMPLATE 51600 ® 1F aper for Easy Peel Featurei AVERY 5160 1 GLAH ROBERT ASHLEY & CAROLYN GLICK FAMILY TRUST GODFREY H LEE & SANDRA S BOLZ 1033 MAYBROOK DR 1000 LOUISIANA ST STE 5100 0270 HEATHER LN BEVERLY HILLS, CA 90210 HOUSTON, TX 77002-5096 ASPEN, CO 81611 GOLDBERG ANA E GOTTLIEB FAM TRUST 50% 36 GLEN GARRY DR 1007 CHURCH ST #408 ASPEN, CO 81611 EVANSTON, IL 60201-5913 HALL NANCY TATE HAMPEL WALTER F PO BOX 1819 290 HEATHER LN ASPEN, CO 81612-1819 ASPEN, CO 81611 HINES HIGHLANDS LP JENKINS JANE JOHN 0133 PROSPECTOR RD #4111 PO BOX J ASPEN, CO 81611 ASPEN, CO 81612-7411 LARKSPUR HOLDINGS LLC LOORAM PETER ATTN JENNIFER CROSSETT 0280 GLEN EAGLES DR 1200 17TH ST STE 610 ASPEN, CO 81611 DENVER, CO 80202 MEADOWOOD LLC MEEKER RICHARD J & ALLISON D PO BOX 1027 0752 MEADOWOOD DR ASPEN, CO 81612-1027 ASPEN, CO 81611 MORTON RICHARD & HELEN MUSIC ASSOCIATES OF ASPEN INC 6740 E ROGERS CIR 2 MUSIC SCHOOL RD BOCA RATON, FL 33487 ASPEN, CO 81611-8500 PAYNE MARYBELLE R PERCY LASALLE MINES PO BOX 9878 C/O R L STEENROD JR & ASSOC ASPEN, CO 81612 2009 MARKET ST DENVER, CO 80205-2022 PITKIN COUNTY RANSOM SALLY MOORE 1/3 530 E MAIN ST #302 PO BOX 126 ASPEN, CO 81611 WOODY CREEK, CO 81656 ROGERS J W ROGERS JORDAN & PEGGY L 2225 THOMAS RD TRUSTEES BEAUMONT, TX 77706 750 MEADOWOOD DR ASPEN, CO 81611 HALL CHARLES E PO BOX 10122 ASPEN, CO 81612 HARDY GORDON A TRUST 50% PO BOX 1108 ASPEN, CO 81612 JITKOFF JULIA 30 YR TRST 99.50% PEREGRINE RESOURCES INC .50% 100 E KLEBERG #200 KINGSVILLE, TX 78363 MEADOWOOD HOMEOWNERS ASSOCIATION PO BOX 8774 ASPEN, CO 81612 MOORE THOMAS A 1/3 PO BOX 126 WOODY CREEK, CO 81656 PAPPER PATRICIA 1 GROVE ISLE DR STE 1501 MIAMI, FL 33133 PHILLIPS PAMELA ANNE TRUST PO BOX H ASPEN, CO 81612-7405 RICHARDS CHARLES F JR TRUSTEE 2204 N GRANT AVE WILMINGTON, DE 19806 RUBIN NANCY HIRSCH QPRT 3035 CHAIN BRIDGE RD NW WASHINGTON, DC 20016 Etiquettes fadles A peter Utilisez le gabarit AVERYO 51600 Sens de chargement Consultez la feuille www.averycom d'instruction 1-800-GO-AVERY Easy Peel Labels i ♦ See Instruction Sheet', Use Avery® TEMPLATE 51600 iF�aper for Easy Peel Featurej RUMSEY BRONSON C & DIANA S SANGER MARIUS & CLARE PO BOX 7787 133 BLUEBONNET TR ASPEN, CO 81612 ASPEN, CO 81611-3326 SIEGEL MARTIN D SIMMONS BRIAN P FAM DOT 56% 264 LARKSPUR LN C/O BRIAN P SIMMONS ASPEN, CO 81611 10 S WACKER DR #3175 CHICAGO, IL 60606 THOMAS WILLIAM R & LAURA F TULLAR STEVEN T & HOLLY HOLEMAN 16 BLENHEIM RD 180 HEATHER LN LONDON ENGLAND NW8 OLX ASPEN, CO 81611 WALTER WILLIAM C & SUSAN COLBY WANGER LEAH ZELL & RALPH 0372 GLEN EAGLE DR 1540 N LAKE SHORE DR ASPEN, CO 81611 CHICAGO, IL 60610 WILSON ROBERT E QPRT WISE MARY 31/32 4301 E EASTMAN 0252 HEATHER LN DENVER, CO 80222 ASPEN, CO 81611 ZAINO BONIFACE A & ALISON H ZG HOLDINGS LLC 876 PARK AVE #4 SOUTH ATTN ARC CONCESSIONS NEW YORK, NY 10021 133 PROSPECTOR RD #4114B ASPEN, CO 81611 i �AVERY051600 1 SCHUMACHER BARRY LEE & JUDY M 0115 GLEN EAGLE DR ASPEN, CO 81611 SMART EDWIN J C/O R L STEENROD JR & ASSOC 2009 MARKET ST DENVER, CO 80205-2022 WACHNER LINDA J C/O STARR & CO 850 THIRD AVE 15FL NEW YORK, NY 10022 WILCOX JOHN & JULIET 205 GLEN EAGLES DR ASPEN, CO 81611 WIVIOTT JAY L & TERESA M FAMILY TRUST 564 GLEN EAGLES RD ASPEN, CO 81611 I:tiquettes %dies A peler Utilisez le gabarit AVERYO 51600 Sens de chargement Consultez la feullle www.averycom d'instruction 1-800-GO-AVERY SEP. 4.2007 12:16PM KAUf PETERSON DISHLER NO. 6721 P. 2 ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: F \ V e 'res SU. b M SI o n , Aspen, CO SCHEDULED PUBLIC HEARING DATE: jsL°. � er � , 2oo-7 STATE OF COLORADO ) ss. County of Pitkin ) 14Dr) (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-six (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 pu lic hearing and was continuously visible from the 1i� day of (A- ` , 2001, to and including the date and time of the public hearin . 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 all owners of 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) SEP. 4.2007 12:18PM KAU* PETERSON DISHLER is NO. 6721 P. 3 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 shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. N C Signature The foregoing "Affidavit of Notice" was acknowledged before me this i flay of S,GffEM (3£2 , 2001 by t F-y t ywe- 5. FtaL—ro_ tJ 2%0 per A Sq�ION �•.•••••.•WITNESS MY HAND AND OFFICIAL SEAL • p T A g V My commission expires: " f - 00 8 �'• �° U B l I C� k N tary Public OF Cai ATTACHMENTS: COPYOF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL PUBtIC..-NOTICE DATE � U�Sdo.�, TIME q O(D -T>�' .-!5r�r1 —lann1r g ? �,r,1r�� PLACE PURPOSE f���►�'���� -� - . r A 51 m k VeGwree Ma 013; 7tpoffcbr ewd. c C` s'(6r.// It 70 q2 3q e Moll +. THE CITY OF SPENFPL PLANNING DEPARTMENT 130 S GALENA STD ASPEN CO (970)970•5090 ' + -'•R� tii 16, 4,1 A - - 1t } • :.%Mb ' 0, - W.000- Am • I 44 4 •� Va� PT �4;.: - t.. :Aw 0 • ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: F-\V e— Tre-e5 S(A � A IV L S (O n , Aspen, CO SCHEDULED PUBLIC HEARING DATE: c) G / V—\ Li / O - , 200 STATE OF COLORADO ) SS. County of Pitkin ) I, B e A r-1 SkcAk ► t S o i) (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-six (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. X_ 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 all owners of 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) • 0 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 shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. — M-11 R.10210A, The foregoing "Affidavit of Notice" was acknowledged before me this n`day of �fe eh kef' , 200q- by T3P I S� { JA I a �Y Pv6�i WITNESS MY HAND AND OFFICIAL SEAL i JESSICA My commission expires: �i 23 l WINDERL A� otary Public My Commission Expires *2312018 ATTACHMENTS: COPYOF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL • • ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 1200 _ STATE OF COLORADO ) ss. County of Pitkin ) I, (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 mad6 of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (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 all owners of 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) PUBLIC NOTICE RE: MOORE FAMILY PUD, PUD AMENDMENT, PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, September 4, 2007, at a meeting to begin at 4:00 p.m. before the Aspen Planning and Zoning Commission, in the Sister Cities Room, City Hall, 130 S. Galena St., Aspen, CO, to review a proposal for a PUD Amendment to the Moore Family PUD. The subject property is Moore Family PUD, Reception No. 420467. For further information, contact Ben Gagnon at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 429-2755, (or by email at beng@ci.aspen.co.us). All written correspondence related to the application should be sent to the above e-mail or physical address. Applicant: Five Trees Homeowners Association, c/o Gideon Kaufman, Kaufman, Peterson & Dishler, 315 E. 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