HomeMy WebLinkAboutcoa.lu.pu.Moore Family PUD TDR 850 Moore Dr.0039.2007
THE CITY OF ASPEN
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City of Aspen Community Development Department
CASE NUMBER 0039.2007.ASLU
PARCEL ID NUMBER 2735-141-11-109 //~,^ ,~,
PROJECT ADDRESS 850 Moore Dr. ~~~ ra`"( ~"" "'" ! ~~~
PLANNER Ben Gagnon
CASE DESCRIPTION Final PUD
REPRESENTATIVE Gideon Kaufman
DATE OF FBVAL ACTION 9/4/07
CLOSED BY Amy DeVault
NA °'
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 Hearin¢
MEETING
DATE: September 4, 2007
APPLICANT /OWNER:
Five Trees Homeowners Association.
REPRESENTATIVE:
Gideon Kaufman, of Kaufman, Peterson &
Dishier
LOCATION:
Moore Family PUD.
CURRENT ZONING & USE
R-30/PUD
PROPOSED LAND USE:
The application requests that the existing
6,000 squaze foot limit on above-grade
development for each parcel be increased
to 6,500 squaze 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 squaze 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 squaze feet (above-
.grade) to a pazcel. This PUD Amendment would
not alter other dimensional requirements, such as
height limitations, and would have to be used
within the footprint of existin¢ 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 f 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 fmal 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.£, using City of Aspen TDRs.
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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."
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 pazcel 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
pazcel. However, there is precedent for exceptions, particulazly with regazd to PUDs or
subdivisions.
For example, the Baz/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 Baz/X was based on
the size of the lots at this relatively remote site. Lots at Baz/X range from 2 to over 16 acres,
with houses up to 7,500 squaze feet, plus 2,500 squaze 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 pazcels that aze
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 azea to each pazcel 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 lazge lots ranging from .7 acres to more
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than 1 acre, already allows for large homes and is adjacent to considerable open space neaz
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 asingle-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 standazdized procedure
within the Building Department. Staff is recommending that the additional squaze footage
obtained via TDRs be limited to "within the building envelope." The existing Moore Family
PUD establishes clear boundazies for building envelopes, and the Building Department has
standardized procedures with regazd 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 MOTIOS j~ 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
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RESOLUTION N0.
(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, PITHIN 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 pazcel (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 standazd 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 standazds;
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 standads 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 aze limited to a
floor area of 6,000 squaze 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
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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 azea 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 awazded, whether in public hearing or
documentation presented before the Planning and Zoning Commission, aze 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 secfion, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdicfion, such portion shall
be deemed a sepazate, 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
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Exhibit A
Review Criteria & Staff Findings
26.445.100
S. 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, maybe 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 Findine: 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 chazacter of the development.
Staff Finding: There is no change in use or chazacter 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 orrights-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.
Staff Findin¢: N/A. This is not a commercial development.
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8. An increase by greater than one (1) percent in the approved residential density of the
development.
Staff Findine: 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.
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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 aze 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 aze lazge enough as is.
Thank you,
Jim Jenkins
Jane Jenkins
0269 Heather Lane
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APPLICANT:
ATTACHMENT 2-LAND USE APPLICATION
Name: FI~ZE TREES HOMEOWNERS ASSOCIATION
Moore Family P.U.D., according to. the Mooa;e Family P.U.D. Development
Location: at Rece ti.nn_. o. ,420467. ~
'cafe street address lot & block number, le descri flon where a ' to
Parcel ID # U]RED 273514111109
REPRESENTATIVE'
Name: Gideon Kaufman, Kaufman, Peterson & Diahler
Address: 31b E. H$man, 11305, Aspen, CO 81611
Phone #: 925-8t 66
Name:
Address:
Phone #:
TYPE OF APPLICATION: (please Cheek all that apply):
^ Conditional Use ^ Conceptual PUD ^ Conceptual Historic Devk
^ Special Review ~ 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 Ad' tment ^ Text/M Amendment
EXISTING CONDITIONS: deSCR lion of axis ' boil ,uses, reV101Y4 royals, etc.
To amend the existing I7o3~re Family PUD per approval of Five Trees Homeowners Associati n
PROPOSAL: (description of proposed buildings, uses, modifications, etcJ
See Attachment 1 hereto
Have yon attached the following? FEES DUE: $ 1, 410.00 (PAID)
x pre-.Application Conference Summary
x Attachment #1, Signed Fee Agreement
^ Response to Attachment #3, Dimensional Requirements Form
® Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
All plans that are larger than 8S" a 11" mast be folded and a floppy disk with an electronic copy of all written
tent (Microsoft Word Format) must be submitted as part of the application.
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ATTACHMENTI
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-
familyunit."
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GIDEON 1. KAUFMAN* ~~7 O~C.ES` QI7 BROOKE A. PETERSON
HAL s. DISHLER» P
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PETERSON Si DISHLER
KAUFMAN OF COUNSEL
PATRICK D. MCAWBTER ,
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TELEPHONE
(970) 925.8166
315 EAST HYMAN AVENUE, SUITE 305 FACSIMILE
• wisp aownmwwuruno
•• wuo wDMITTFD IN TOUS ASPEN,COLORAD081611 (970) 925.1090
July 25, 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:
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 & Dishier 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 26.445.1001
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.
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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 26.445.100.8, 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
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Mr. Ben Gagnon, Planner
July 25, 2007
Page 3
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zone districts and land use, or as specified in a Final PUD Plan for the Receiver Site.
The proposed PUD modification creates awin-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,
A
PETERSON & DISHLER, P.C.
GK/bw
Enclosures
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PLANNER:
PROJECT:
REPRESENTATIVE:
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ATTACHMENT 1
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CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
Ben Gagnon, 429-2755
Five Trees PUD
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
2fi.445.100(B) 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 $235mour)
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 81/2" by 11"vicinity map locating the parol within the City of Aspen.
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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.
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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."
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Aspen Street Map 2
Jul 25 2007 2:11PM HP~~LRSERJET 3330 p.2
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FIVE TREES HOMEOWNERS' ASSOCIATION
The undersigned, as v_ 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 ("PUD Amendment"), and to do any and all
acts and submit any and all documentation related to obtaining
the PUD Amendment.
Dated this lS day of 2007
FIVE TREES HOMEOWNERS' ASSOCIATION
BY
-GARY BEACH, Manager
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Aorne.no„r for Payment of City of~eA n DeveL~=ent L+cation Fees
CITY OF ASPEN (hereinafter CITY) and STEVEN CROWN
(hereinafter APPLICANT) AGREE AS FOLLOWS:
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 aze necessary as costs aze
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 fmdings for project
consideration, unless current billings aze 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.OOvhich 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 pressing have been paid.
CITY OF ASPEN APPLICANT
sy:
Chris Bendon
Community Development Director
Attorney for Applicant
Date: 7/25/07
Billing Address and Telephone Number.
Kaufman, Peterson & Dishler
315 E. Hyman, 1P305, Aspen, CO 81611
925-8166
C:\Documents and Settings\johannahr\Desktop\LUFeeAgree.doc
ATTACHMENT?
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: ~ ~~I'~-~ `t't11~~/ ~alJ % Aspen, CO
SCHEDULED PUBLIC HEARING DATE: / ~ /T7 200
STATE OF COLORADO )
ss.
Couaty of Pit13n ) ~ "
I' ~ ~~ ~ 1 n~~ (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..
X Publicaion ofnotice: By the publication in the Legal notice section of an official
paper Gi a paper- 0{general v'uC'ulauvu iu tue Ciij of Aspen at least ui`Cen (15)
days prior to the public hearing. A copy of the publicaion is attached hereto. a
_ Posting of norice.• By posting ofnotice, which form was obtained from the
Community Development Deparhnent, 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 nonce (sign) is attached hereto.
Mailing of nonce. 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, noticewas 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 curient tax records of Pitkin County as they
appeazed 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.
(conrinued on next page)
7
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 tent of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
reedulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description oi; and the notice to and listing of names and
addresses of owners of realproperty 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 foregoing "Affidavit of Notice" was acimowledged before me this -day
°f 200_, by
n
P uc NoncE vViTIvBSS ivly HAlv'D Alv'D GrriCIAL SEAL
DEVEL MENT gpPq°ypL
Notice is hereby given fo the general public of the My COmmlSSlOn eXpue$:
approval of a PUD Amentlmenf, antl the creation of
Notary public
tlmenl to allow im anenereesev n~he maxDi
311owable above-grade square footage from
square feet to 6,500 square feet per parcel
use of uo fn iwn ror nn, ,.~ .._.._ r.___.__
s/ cuy m papen _. __. ATTACHII~NTS:
Publlsheb In the Aspen Times Weekly on $eptem
bar 30. 200]_ (881464)
COPY OF THE P UB L IG! TION
pB"OTOGRAPH OF 7'SE' POSTED NOTICE (SIG11~
LIST OF THE.OWNERS AND GO~gN~~~, AGENCIES NOTICED
BPMAIL
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ATTACHMENT?
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: i { DO ('~~G~1 ~y P ~I D Aspen, CO
SCHEDULED PUBLIC HFaurIaG DATE: ~~~~-- 200_
STATE OF COLORADO )
) S6.
Cotiaty of Pitkiu )
I, - ~~~ ~ ~ n~x/l (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public nofice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner.,
Publication of notice: By the publicarion in the legal nofice section of an official
paper or a paper of general circulalion in the City of Aspen at least ufteen (15)
days prior to the public hearing. A copy of the pu¢lication is attached hereto.
Posfing of notice: By posting of notice, which fc(rm~~?va§ abtaiz}ed frDm~he
Community Development Depaztment, which wa$ rnat~e of sur'E~I
waterproof materials, which was not less than twen~rtiofb{,~„ti>~Bs~de
and twenty-six (26) inches high, and which was como~le't~ers not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visrble 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 nori'ce. 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, noticewas 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
appeazed no more than sixty (60) days prior to the date of the public hearing. Pueuc eoncE
copy of the owners and governmental agencies so noticed is attached hereto. nE:rooae PnMar Puo, Puo aMEeorenr,
Pueuc nEnaiec
(conrinued on next page)
Applicant: Five Trees Homeowners Association,
D sh eq 315 E Hyman,np305, Aspen, CO 81611 &
dDVian Jahna
Aspen Pbnning antl Zoning Commiealon
Publishetl In the Aspen lines Weekly on August
19,2009(553212)
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 Phis 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
inspecfion in the planning agency during all business hours for fi8een (15) days
prior to the public hearing on such amendments.
Signature
The fo bgoing "A rdavi of Notice" was aclosowledged before me this ~ day
of _ 200~by C( Ct `1n Yl
U
~(. PUe~/C ~irir,SS iii' HAND Ai~'D v,FF~ii:I~AI, SEAL
,PGpE ~ My commission expires: (JL}- /f-t.-~ 7 ll
ee
p o Public
tEOFG~~
ATTACHMENTS:
COPY OF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BYMAIL
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GIDEON I. KAUFMAN"
NAL S. DISHLER""
PATRICK D. MCALLISTER
• /USO ADMRTED IN M/~RYIAHD
-wiso nonmm Ir rous
LAW OFFICES OF
KAUFMAN, PETERSON 6i DISHLER, P.C.
BROOKE A. PETERSON
OF COUNSEL
TELEPHONE
(970) 915.8166
FACSIMILE
(970) 915.1090
315 EAST HYMAN AVENUE, SUITE 305
ASPEN, COLORADO 8161 I
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 1 can provide
any additional information and or materials. Thank you for your assistance.
Sincerely,
KAUFMAN, PET SON & DISHLER, P.C.
A Profes ' nal orporation
By
Gideo Kaufman
GK/bw
Enclosure
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ALLEN DOUGLAS P JR ALLEN GERALD D & ELEANOR ANDERSON THOMAS J & JEANETTE G
0129 HEATHER LN TRUSTEES
PO BOX 226
ASPEN
CO 81611 0165 HEATHER LN ASPEN, CO 81612
, ASPEN, CO 81611
ASPEN HIGHLANDS COMMERCIAL ASPEN HIGHLANDS MOUNTAIN LLC ASPEN SCHOOL DISTRICT NO 1 RE
METRO DIST PO BOX 1248 0235 HIGH SCHOOL RD
715 W MAIN ST #304 ASPEN
CO 81612 ASPEN, CO 81611
ASPEN, CO 81611 ,
AYRES R WILLIAM JR TRUST 50% BERLEY DAVID B 001%INT BOWDEN J MURRY FAMILY TRUST
AYRES REBECCA T 50% p0 BOX 3652 5847 SAN FELIPE #3600
28 LARKSPUR LN ASPEN, CO 81612 HOUSTON, TX 77057
ASPEN, CO 81611
BRADFORD DEBORAH BRADFORD DEBORAH CARLSON DOUG M & MARY M
45 GLEN EAGLES DR PO BOX 4856 PO BOX 4
ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612
CHURCH OF JESUS CHRIST OF LDS
CARSON L KELLEY CHOPIVSKY GEORGE JR C/0 REAL ESTATE DIVISION
PO BOX 8927 3217 CATHEDRAL AVE N W 50 E NORTH TEMPLE 22ND FL
ASPEN, CO 81612 WASHINGTON, DC 20008 SALT LAKE CITY, UT 84150
CITY OF ASPEN CLUB PROPERTIES INC CONOVER MARY
130 S GALENA ST 1 GROVE ISLE DR #1501 C/O SHANNON T MORGAN CPA PC
533 BOGART LN #C
ASPEN, CO 81611 MIAMI, FL 33133 GRAND JUNCTION, CO 81505
DAKS FAMILY TRUST DALY JACQUELYN M DOREMUS ANDREW J & JEANNE C
889 S STARWOOD DR 249 HEATHER LN 75.5034%
ASPEN
CO 81611 CO 81611-3347
ASPEN 85 GLEN GARRY DR
, , ASPEN, CO 81611
DUBRULE LEMONS DIANE CHERYL DUFFEY MARY A 999% INT FLEISHER DAVID M
BERKO GINA
187 HEATHER LN PO BOX 3652 292 GLEN EAGLE
ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611
FLOM JASON R WENDY FRAMPTON GEORGE T JR FRANCIS JUDI TRUST
15280 NW 79TH CT STE 101 45 E 62ND ST #A 0201 HEATHER LN
MIAMI LAKES, FL 33016-5852 NEW YORK, NY 10021-9014 ASPEN, CO 81611
FRISSELLE FAM TRUST 50%INT GEER JANE MOORE 1/3 GERSCHEL CHRISTINE A
ARBURY DOROTHY D TRUST 50% INT p0 BOX 126 PO BOX 2985
123 LARKSPUR LN WOODY CREEK, CO 81656 ASPEN, CO 81612
ASPEN, CO 81611
Etlquettes Taciles a~ pekv ~ Consultez la feuiile vvww.averymm
Easy Peel Labels i .~ ~ See Instruction Sheet ~ AVERY®5160® ~
Use Avery®TEMPLATE 5160® ® jE' Paper for Easy Peel Feat°rel ® 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 #406
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 8 PEGGY L
2225 THOMAS RD TRUSTEES
BEAUMONT, TX 77706 750 MEADOWOOD DR
ASPEN, CO 81611
Edquettes fadles 11 paler
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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 OPRT
3035 CHAIN BRIDGE RD NW
WASHINGTON, DC 20016
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RUMSEY BRONSON C 6 DIANA S
PO BOX 7787
ASPEN, CO 81612
SIEGEL MARTIN D
264 LARKSPUR LN
ASPEN. CO 81611
THOMAS WILLIAM R & LAURA F
16 BLENHEIM RD
LONDON ENGLAND NWS OLX
WALTER WILLIAM C & SUSAN COLBY
0372 GLEN EAGLE DR
ASPEN, CO 81611
WILSON ROBERT E OPRT
4301 E EASTMAN
DENVER, CO 80222
ZAINO BONIFACE A & ALISON H
876 PARK AVE #4 SOUTH
NEW YORK, NY 10021
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BANGER MARIUS & CLARE SCHUMACHER BARRY LEE & JUDY M
133 BLUEBONNET TR 0115 GLEN EAGLE DR
ASPEN, CO 81611-3326 ASPEN, CO 81611
SIMMONS BRIAN P FAM DOT 56%
C/O BRIAN P SIMMONS
10 S WACKER DR 113175
CHICAGO, IL 60606
SMART EDWIN J
C/O R L STEENROD JR R ASSOC
2009 MARKET ST
DENVER, CO 80205-2022
TULLAR STEVEN T & HOLLY HOLEMAN
180 HEATHER LN
ASPEN, CO 81611
WANGER LEAH ZELL & RALPH
1540 N LAKE SHORE DR
CHICAGO, IL 60610
WISE MARY 31 /32
0252 HEATHER LN
ASPEN, CO 81611
ZG HOLDINGS LLC
ATTN ARC CONCESSIONS
133 PROSPECTOR RD #41148
ASPEN, CO 81611
WACHNERLINDAJ
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
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SEP 4.2001 12:18PM KAUF,A~N PETERSON DISHIER ~ N0. 6121 P. 2
_ ~,.
ATTACHMENT?
AFFIDAVIT OF PUBLIC NOTICE
REf~UIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: F \ V £ ' ~S Sub 11/l rjl ~~1 , Atpen, CO
SCHEDULED PUBLIC HEARING DATE: ~4~2 ~'.Y -1 2tro~
STATE OF COLORADO )
sr.
County of Pilkin )
I, ~L~~('eUQ~'~~ (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I Gave 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 -egal 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 oJnotice: By posting of notice, which form. was obtained front the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
andtwenty-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 pupptic hearing and was continuously visible from the 1SS day of
~ T , 200], to and including the date and time of the public
hearin . A photograph aJthe posted notice (sign) is attached hereto.
Mailing oJnotice. By the mailing of a notice obtained from the Community
Development Department, which contains Ute information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fiReen (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 Pitltin County as they
appeazed no more than sixty (60) days prior to the date of the public hearing. A
copy ojthe owners and governmental agencies so noticed is attached hereto.
(continued on nest page)
SE?. 4.2001 12:18PM KAU~""N PETER60N DISHIER ,.,~ N0. 6121 P. 3
Rezoning or tent 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
sufficirnt legal description of, and the notice to and listing of names and
addresses of owners of rcal property in the area of the proposed change shall
be waived. However, the proposed zoning trap shall be available for public
inspection in the planning agency dttting ell business hours for fifteen (IS) days
prior to the public hearing on such amendments.
t
Signature
The foregoing "Affidavit of Notice" was acknowledged before me this ~~ay
of S~PtEMBE2 , 200, by Gg:~le~t t t?.t>=. 5. Fi.tt_-rct~
~~ A ~T~ WITNESS MY HAND AND OFFICGIL SEAL
H O T A A y~ Mly commission expires: ~' t~ -~ o 0 8
:.,_ _,: ,,p N taryPublic
ATTACHMENTS:
COPY OF TXE P UBLlCATION
PHOTOGRAPH OF TXE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BYMAIt
PUBi.IC NO.ICE
DATE ~~ ~~-1,,,~, 9 I ~t I ~=> E
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FOR l~URTM~R lMfORM,N?'lC1N CaNT~CT~
THE CITY 4~ A~~'EN PIANMl~i~3 OE!'ARTM~N7
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ATTACHMENT7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: ~\~ e ~r~6' `~ ~~ ~ ~ ~y 1 S l ~ YI ,Aspen, CO
SCHEDULED PUBLIC HEARING DATE: Q G /~ y / ~ ~ , 200_
STATE OF COLORADO )
ss.
County of Pitkin )
I, y~e~ r I S huh ~ ' L S ~ ~ (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
appeazed 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 azea 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 foregoing "`A,f,fidavit of Notice" was acknowledged before me this ~r`day
of SPT_C~~, 200, by F3?~i' i S~c~~.ltlf i ~ C o
~(,r'~::::U~ WITNESS MY HAND AND OFFICIAL SEAL
~~
JESSICA ~ My commission expires: ~ 'L3 l 0
VYIt~ERI
,y~~Q~pq.~ otary Public
My Canmitaipn E~ires OA~llmtl
ATTACHMENTS:
COPYOF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BYMAIL
~...
PUBLIC NOTICE
~.
RE: MOORS 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 Departrnent, 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 a-mail or physical
address.
Applicant: Five Trees Homeowners Association, c/o Gideon Kaufman, Kaufman,
Peterson & Dishier, 315 E. Hyman, #305, Aspen, CO 81611
s/Dvlan Johns
Aspen Planning and Zoning Commission
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ALLEN DOUGLAS P JR ALLEN GERALD D & ELEANOR ANDERSON THOMAS J 8 JEANETTE G
0129 HEATHER LN ~ TRUSTEES PO BOX 226
ASPEN, CO 81611 0165 HEATHER LN ASPEN, CO 81612
I ASPEN, CO 81611
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I ASPEN HIGHLANDS COMMERCIAL ASPEN HIGHLANDS MOUNTAIN LLC ASPEN SCHOOL DISTRICT NO 1 RE
'i METRO DIST PO BOX 1248 0235 HIGH SCHOOL RD
715 W MAIN ST #304 ASPEN, CO 81612 ASPEN, CO 81611
' ASPEN, CO 81611
AYRES R WILLIAM JR TRUST 50% BERLEY DAVID B 001 %INT ' BOWDEN J MURRY FAMILY TRUST
AYRES REBECCA T 50% PO BOX 3652 5847 SAN FELIPE #3600
28 LARKSPUR LN ASPEN, CO 81612 HOUSTON, TX 77057
ASPEN, CO 81611
' BRADFORD DEBORAH BRADFORD DEBORAH CARLSON DOUG M 8 MARY M
45 GLEN EAGLES DR PO BOX 4856 PO BOX 4
ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612
CARSON L KELLEY CHOPIVSKY GEORGE JR CHURCH OF JESUS CHRIST OF LDS
PO BOX 8927 3217 CATHEDRAL AVE N W j C/O REAL ESTATE DIVISION
ASPEN, CO 81612 WASHINGTON, DC 20008 50 E NORTH TEMPLE 22ND FL
SALT LAKE CITY, UT 84150
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CITY OF ASPEN CLUB PROPERTIES INC CONOVER MARY
130 S GALENA ST 1 GROVE ISLE DR #1501 C/O SHANNON T MORGAN CPA PC
ASPEN, CO 81611 ! MIAMI, FL 33133 533 BOGART LN #C
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DAKS FAMILY TRUST f
DALY JACQUELYN M
DOREMUS ANDREW J & JEANNE G
889 S STARWOOD DR 249 HEATHER LN 75.5034%
ASPEN, CO 81611 ASPEN, CO 81611-3347 85 GLEN GARRY DR
.ASPEN, CO 81611
DUBRULE LEMONS DIANE CHERYL DUFFEY MARY A 999% INT FLEISHER DAVID M
187 HEATHER LN PO BOX 3652 BERKO GINA
ASPEN, CO 81611 ASPEN, CO 81612 292 GLEN EAGLE
ASPEN, CO 81611
FLOM JASON & WENDY FRAMPTON GEORGE T JR FRANCIS JUDI TRUST
15280 NW 79TH CT STE 101 45 E 62ND ST #A 0201 HEATHER LN
MIAMI LAKES, FL 33016-5852 NEW YORK, NY 10021-9014 ASPEN, CO 81611
FRISSELLE FAM TRUST 50%INT GEER JANE MOORE 1/3 i GERSCHEL CHRISTINE A
ARBURY DOROTHY D TRUST 50% INT p0 BOX 126 PO BOX 2985
123 LARKSPUR LN WOODY CREEK, CO 81656 ASPEN, CO 81612
ASPEN, CO 81611 ,
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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 770025096
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 1f4111 PO BOX J
ASPEN, CO 81611 ASPEN, CO 81612-7411
LARKSPUR HOLDINGS LLC LOORAM PETER
ATTN JENNIFER CROSSETT 0280 GLEN EAGLES DR
120017TH 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 i 2 MUSIC SCHOOL RD
BOCA RATON, FL 33487 ~ ASPEN, CO 81611-8500
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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
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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
MEADOWOODHOMEOWNERS
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 OPRT
3035 CHAIN BRIDGE RD NW
WASHINGTON, DC 20016
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RUMSEY BRONSON C R DIANA S BANGER MARIUS & CLARE SCHUMACHER BARRY LEE & JUDY M
PO BOX 7787 133 BLUEBONNET TR 0115 GLEN EAGLE DR
ASPEN, CO 81612 ASPEN, CO 81611-3326 ASPEN, CO 81611
SIEGEL MARTIN D
264 LARKSPUR LN
ASPEN, CO 81611
THOMAS WILLIAM R & LAURA F
16 BLENHEIM RD
LONDON ENGLAND NW8 OLX
SIMMONS BRIAN P FAM DOT 56%
C/O BRIAN P SIMMONS
10 S WACKER DR #3175
CHICAGO, IL 60606
TULLAR STEVEN T & HOLLY HOLEMAN
180 HEATHER LN
ASPEN,CO 81611
WALTER W ILLIAM C & SUSAN COLBY ~ WANGER LEAH ZELL & RALPH
0372 GLEN EAGLE DR 1540 N LAKE SHORE DR
ASPEN, CO 81611 I CHICAGO, IL 60610
WILSON ROBERT E OPRT
4301 E EASTMAN
DENVER, CO 80222
WISE MARY 31/32
0252 HEATHER LN
ASPEN, CO 81611
ZAINO BONIFACE A & ALISON H
876 PARK AVE #4 SOUTH
NEW YORK, NY 10021
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ASPEN, CO 81611
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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
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205 GLEN EAGLES DR
ASPEN, CO 81611
l W IVIOTT JAY L 8 TERESA M FAMILY
TRUST
564 GLEN EAGLES RD
ASPEN, CO 81611
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