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Home My WebLink AboutLand Use Case.938 S Mill St.A073-03f..,, ... .._.. RETAMi FOR PERMANEIR RECOf1D ,~ .. ~, , ATTACHMENT? AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ~~ v ='`+_~i'' ~1 f~~ ,Aspen, CyyO SCHEDULED PUBLIC HEARING DATE: ~~~ ~ ~ , 200 'F- STATE OF COLORADO ) ss. County of Pitkin ) I, ~~~ ~1~,\aw. `~/ 5 (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 th public hearing and was continuously visible from the ~ day of ^~ C2w.b e ~ , 2003 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. ~~ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) (_` `.., Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the regturement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public heazing on such amendments. ~~ ignatur The foregoing "Affidavit of Notice" was acknowledged before me this Zz day of~_~ , 2003 , by Zj fchlur\ '~N,uww~ WITNESS MY HAND AND OFFICIAL SEAL My commission expires: ~ z a~ Zooms __ Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL o ° `.. _- 4 ~r V 4. ',,b 1 t. ~. ',,~~~i i. - • :: --_ • ~,, ,, DATE--- `- ~ - - _ r - _ ~ ~ TIME _- ,. c - f ~_ PLACE - ~ ~~ * PURPOSE -~ri -- -- ?i - -- --- _ _. 6' Smooth Feed SheetsT"^ F `Use template for 5160® ~ r' , L_, ASPEN CENTRAL RESERVATIONS ASPEN SKIING COMPANY ASPEN VALLEY RANCH TRAVEL INC PO BOX 1248 PO BOX 250 425 RIO GRANDE PL ASPEN, CO 81612 WOODY CREEK, CO 81656 ASPEN, CO 81611 BANNON SUSAN B BENNETT WOOD INTERESTS LTD BILLINGSLEY FAMILY LP 8232 AVALON DR PO DRAWER 1011 1206 N WALTON BLVD MERCER ISLAND, WA 98040 REFUGIO, TX 78377 BENTONVILLE, AR 72712 BLEILER JUDITH A BRIDGE TIM CERISE CONRAD N & LAVANIA PO BOX 10220 300 PUPPY SMITH ST STE 203-225 3004 EMMA RD ASPEN, CO 81612 ASPEN, CO 81611 BASALT, CO 81621 CERISE RENO K CHILDS EVELYN CLAYCOMB J BARRY PO BOX 885 0284 COUNTY RD 102 3157 D PINEHURST DR BASALT, CO 81621 CARBONDALE, CO 81623 LAS VEGAS, NV 89109 COLE CONSTANCE P CONSIDINE ELIZABETH CRYSTAL RIVER RANCH COMPANY 1647 E MAPLEWOOD AVE C/O BUZ WORLEY PO BOX 68 LITTLETON, CO 80121 PO BOX 456 CARBONDALE, CO 81623 CARBONDALE, CO 81623 DUBS DAVID CRAIG EAST JAMES COLLIER TRUSTEE EDGAR ROBERT G 2165 E OCEAN BLVD 5800 R ST 167 COUNTRY CLUB DR NEWPORT BEACH, CA 92661 LITTLE ROCK, AR 72207 GROSSE POINTE, MI 48236-2901 FALES W ILLIAM E L 4239 HWY 133 COLD MTN RANCH CARBONDALE,CO 81623 FORT BERNARDO & LAURINDA SPEAR 3315 DEVON CT COCONUT GROVE, FL 33133 GABRIELLE BRIEGITTE M TRUST PO BOX 12011 ASPEN, CO 81612 GLASSIER FREDA 0543 HOOKS RD BASALT. CO 81621 FENDER WILLIAM O FENDER PATRICIA ONEIL 0111 W SOPRIS CREEK RD BASALT, CO 81621 FREEDMAN MICHAEL & NANCI WOLF 32460 EVERGREEN BEVERLY HILLS, MI 48025 GARDNER CHARLES L GARDNER RITA WALSH 840 LOCUST AVE WINNETKA,IL 60093 GLASSIER HUGH 8 JUDEAN 0794 HOOKS SPUR BASALT, CO 81621 I FINKLE ARTHUR A & AMELIA I ' 2655 LE JEUNE RD PENTHOUSE #1 I CORAL GABLES, FL 33134 FRIEDKIN THOMAS H PO BOX 4718 HOUSTON, TX 77210-4718 GHANEM MICHAEL C/O FOREIGN CARS CNTL INC 70 SW 10TH ST DEERFIELD BEACH, FL 33441 GRIGSBY GEORGE T JR PO BOX 145 HOLLY SPRINGS, NC 27540 ir' //p AVERY® Address Labels Laser 5160® Smooth Feed SheetsT"' r ~ ~ Use template for 5160 GUEST KELLEY & CATHERINE HAGER FRANCES ~.. HIBBERD LORNA W FAMILY TRUST PO BOX 5578 C/O ASPEN LODGING CO MGT PINE ISLAND CARMEL, CA 93921 747 GALENA ST RYE, NY 10580 ASPEN, CO 81611 LLOYD ASSOCIATES KERR WAYNE & CATHY LEASURE BRIAN J DAVID LLOYD ASSOC LTD 2374 FOOTHILLS DRS 1211 HERITAGE DR 12 LEYS RD OXSHOTT GOLDEN, CO 80401 CARBONDALE, CO 81623-3147 SURREY ENGLAND KT2200E, LOWE JAMES H LPRP MILL LLC 50% LPRP RIVER LLC 8232 AVALON DR - 7714 FISHER ISLAND DR C/0 HERBERT S KLEIN & ASSOC MERCER ISLAND, WA 98040 FISHER ISLAND, FL 33109 201 N MILL ST STE 203 ASPEN, CO 81611 MACAPA CORP MARMONT LOTS O MCBRIDE JOHN P 9465 WILSHIRE BLVD STE 400 PO BOX 9572 2500 ELK CREEK RD BEVERLY HILLS, CA 90212 ASPEN, CO 81612 SNOW MASS, CO 81654 MCVICKER JULIET MEHRA RAMESH TRUSTEE MICHAUD HOLLY 1.16% INT PO BOX 567 3115 WHITE EAGLE DR 314 MARLBOROUGH APT 3 MIDDLEDURY, VT 05753 NAPERVILLE, IL 60564 BOSTON, MA 02116 MOORE ISABEL D TRUSTEE 50% 0426 WHITEBRIDGE LN ST LOUIS, MO 63141 MOORE JOHN W 50% 10426 WHITEBRIDGE LN ST LOUIS, MO 63141 i MURCHISON ANNE A i PO BOX 8968 ASPEN, CO 81612 NIESLANIK JOHN & SONS 0979 CR 101 CARBONDALE, CO 81623 OLSEN MARSHALL G 8 SUSAN A 4404 GREENWOOD DR BENTON HARBOR, MI 49022 REARDON GENE F & DIANA PO BOX XX ASPEN, CO 81612 S C JOHNSON AND SON INC TAX DEPT 412 1525 HOWE ST RACINE, WI 53403 NIESLANIK PAUL & CELIA 0481 CR 100 CARBONDALE, CO 81623 PATRICK GARY R & PATRICIA A 537 MARKET ST STE 202 CHATTANOOGA, TN 37402 ROANOKE INVESTORS LP 109 CLUB CREEK CT PO BOX 17 ST ALBANS, MO 63073 SANCHEZ MARIA J & AR JR PO BOX 2986 LAREDO. TX 78044 NIESLANIK ROBERT & WANDA 0828 CR 165 CARBONDALE, CO 81623 PERRY ROBERT M & RUTH B 0163 MT SOPRIS RANCH RD CARBONDALE, CO 81623 ROOKE JOAN ELIZABETH P O BOX 1035 REFUGIO, TX 78377-1035 SCHAINUCK LEWIS I & MICHELLE T 2900 OCEAN BLVD CORONA DE MAR, CA 92625 A~ AVERY® Address Labels Laser 5160® Smooth Feed SheetsT"^ ~ Use template for 5160® ~, . SCHERER ROBERT P JR SHAW GEORGE G 97.68%INT SHAW GEORGE W 1.16%INT 167 COUNTRY CLUB DR 101 HIGH ST 525E 72ND #22C GROSSE POINTE, MI 48236-2901 DENVER, CO 80218 NEW YORK, NY 10021 SHINE THOMAS K 78.7016% INT SIMON HERBERT REV TRUST SMITH CARLETON K 8677 LOGO 7 CT 8765 PINE RIDGE DR 1 PARK PL INDIANAPOLIS, IN 46219-1430 INDIANAPOLIS, IN 46260-1778 BRISTOL, VT 05443 SPEYER LESTER D PR TST STANFORD JOHN STEWART STAN & RITA C/O TENNSCO CORPORATION C/O LEE MILLER 747 S GALENA ST PO BOX 1888 747 S GALENA ASPEN, CO 81611-1872 DICKSON, TN 37056-1888 ASPEN, CO 81611 TOP OF MILL INVESTORS LLC TURNBULL THOMAS 8 ROSAMOND TYBAR RANCH COMPANY 1000 S MILL ST PO BOX 686 1644 PRINCE CREEK RD ASPEN, CO 81611-3800 CARBONDALE, CO 81623 CARBONDALE, CO 81623 VELMAR A COLORADO CORP WALDE WILLIAM L WAPITI RUNNING LLC C/0 GRUPO DE MAR S A D E C V 6501 GOLDLEAF DR PO BOX 1003 747 S GALENA #F 204 gETHESDA, MD 20817 ASPEN, CO 81612 ASPEN, CO 81611 WEEKS WILLIAM H WELCH PATRICK T & DEBORAH P ZUBROD MATTHEW S TRUST JOHNSON-WEEKS FAMILY OFFICE ASPEN SNOWMASS LODGING CO C/O V p0 BOX 8881 22 GRIGG ST GARWOOD ASPEN, CO 81612 GREENWICH, CT 06830 747 S GALENA ST ASPEN. CO 81611 //.~ AVERY® Address Labels Laser 5160® N N C.O CD V ~, ~...y ~~ d s ~ C y p O ~ @ X O g ~ ~ ~ Q S Q o n ~ ~ ~ ~ m x a m S c~ y V 99 < ~ ~~JJ Z N 3 c ~ m N ~o ~, m c~i~~D arc com(A Z`^''m Q #4aZ m 8~~ ~ g+ Z O y 0 \l~ mD f ~ W~ m ~ ~ ' y ~.~ DEVELOPMENT ORDER Of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of asite-specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Cade adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site-specific development plan as described below: Ton of Mill Investors, LLC 1000 S. Mill St Asoen CO 81611 Property Owner's Name, Mailing Address and telephone cumber Parcel 6, Aspen Mountain Subdivision 938 South Mill Street Aspen Co Legal Description and Street Address of Subject Property 8040 Greenline Review Written Description of the Site Specific Plan and/or Attachment Describing Plan Resolution No. 03-2004, Aonroved on 1/13/04 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) February 10, 2004 Effective Date of Development Order (Same as date of publication of notice of approval.) February 10, 2007 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 9t~' day of February 2004, by the City of Aspen Community Development Director. Woods, Community Development Director ,,... PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Parcel 6, Aspen Mountain Subdivision PUD, 938 South Mill Street, Aspen, Co., by Resolution of the Aspen Planning and Zoning Commission, numbered 3. For further information contact Scott Woodford at the Aspen/Pitkin Community Development Dept. located at 130 S. Galena St, Aspen, Colorado (970) 920-5102. s/City of Aspen Account Publish in The Aspen Times on February 14, 2004 S c. MEMORANDUM TO: The Aspen Planning & Zoning Commission THRU: Joyce Allgaier, eputy Director of Community Development FROM: Scott Woodford, City Planne43~ RE: 93S SOUTH MILL STREET PARCEL 6, ASPEN MOUNTAIN SUBDIVISION PUD; RESOLUTION NO. ~ SERIES 2004 DATE: January 13, 2004 REQUEST SUMMARY: The applicant, Top of Mill Investors, LLC, represented by John Galombos, proposes to construct a 5,200 square foot single-family house and accessory dwelling unit on their 10,806 square foot lot (see building plans in the attached Application). REVIEW PROCESS: The applicant requests the following land use approvals for the project described above: 1) 8040 GREENLINE REVIEW; According to Section 26.435.030 of the Land Use Code, no development shall be permitted at, above, or one hundred fifty feet below the 8040 Greenline unless the Planning Commission makes a determination that the proposed development complies with specific requirements. As Parcel 6 is located within this range of elevation, this review is required prior to issuance of building permit. Final Review Authority: Plannine and Zoning Commission. BACKGROUND/EXISTING CONDITIONS: The Top of Mill Subdivision was approved by the Aspen City Council on March 11, 2002. PREVIOUS ACTIONS: There has been no previous land use activity or approval on this particular parcel. STAFF COMMENTS: 1. 8040 GREENLINE REVIEW; Staff finds the proposed single-family structure to be in compliance with the standards for 8040 Greenline Review (See Exhibit A for Staff Findings). Furthermore, the majority of the review criteria for 8040 Greenline Review was more pertinent during design and consideration of the original subdivision/PUD, as most of the environmental impact occurred during the construction of roads, utilities and building lots and similar criteria were used in the evaluating of the subdivision/PUD when it was proposed. In this case, Parcel 6 was graded into a relatively level site during the subdivision construction. The proposed home on Parcel 6 will not create any 938 SOUTH MILL STREET STAPP REPORT PAGE 1 ,. _ ....., , significant additional environmental impacts, such as removal of vegetation or new cut of the hillside. STAFF SUMMARY AND RECOMMENDATION Staff recommends approval of the 8040 Greenline Review for the proposed single-family residence at 938 South Mill Street, Parcel 6, Aspen Mountain Subdivision PUD. RECOMMENDED MOTION Agg "I move to approve Resolution No. oa, Series of 2004, for an 8040 Greenline Review for the proposed single-family residence at 938 South Mill Street, Parcel 6, Aspen Mountain Subdivision PUD." ATTACHMENTS Exhibit A: 8040 Greenline Review -Staff Findings Exhibit B: Application 938 SOUTH MILL STREET RESIDENCE /PARCEL 6 ASPEN MOUNTAIN SUBDIVISION $TAFE REPORT PAGE 2 RESOLUTION N0. (SERIES OF 2004) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING AN 8040 GREENLINE REVIEW FOR 938 SOUTH MILL STREET, PARCEL 6, ASPEN MOUNTAIN SUBDIVISION PUD, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parce! ID: 2737-182-02-206 WHEREAS, the Community Development Department received an application from Top of Mill Investors LLC, requesting 8040 Greenline Review; and, WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Department recommends approval of the 8040 Greenline Review for 938 South Mill Street/Parcel 6, Aspen Mountain Subdivision PUD; and WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approvals of the development proposal are consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare; and. WHEREAS, the City of Aspen Planning and Zoning Commission approved the request via Resolution No. _, Series of 2004, by a vote of to L - ~, to approve the 8040 Greenline Review; and NOW, THEREFORE BE IT RESOLVED that the Planning and Zoning Commission approves the 8040 Greenline Review for the property at 938 South Mill Street/Parcel 6, Aspen Mountain Subdivision PUD, subject to the conditions listed in Section 1 below. Section 1: The approval is subject to the following conditions: 1. Prior tp issuance of a building permit: a. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. b. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. 938 SOUTH MILL STREET RESIDENCE /PARCEL 6 ASPEN MOUNTAIN SUBDNISION STAPP REPORT PAGE 3 c. The Community Development Engineer shall approve the grading and drainage plan for the parcel, including the proposed addition, driveway, and garage. d. The Applicant shall submit for approval to the Environmental Health Department a fugitive dust control plan to ensure that dust does not blow onto neighboring properties or get tracked onto adjacent roads. e. Run-off from the site during construction must be prevented by detention ponds, hay bales, or similar methods to be approved by the Community Development Engineer. f. The Applicant shall submit for approval to the Parks Department and Community Development Department a detailed landscaping plan. A tree removal permit may be required by the City Parks Department and approval from the Parks Department is necessary for any off-site replacement or mitigation of removed trees. 2. The building permit application shall include the following: a. A copy of the final recorded P&Z Resolution. b. The Applicant shall provide the Community Development Engineer with a soils test performed by a professional licensed geo-technical engineer in the State of Colorado demonstrating that the parcel is suitable for additional development considering its slope, ground stability characteristics, including mine subsidence and the possibility of mud flow, rock falls and avalanche dangers. If the soils test does not demonstrate that the parcel is suitable for additional development, then this Resolution shall be rendered null and void. c. The conditions of approval printed on the cover page of the building permit set. d. A completed tap permit for service with the Aspen Consolidated Sanitation District. e. The building plans shall demonstrate an adequate fire suppression system for fire protection approved by the Aspen Fire Marshal. The Aspen Fire Marshal shall approve ingress and egress to the property. f A construction fence shall be erected along all portions of the property. There will be no storage of construction materials, backfill, tools or construction traffic outside of the protective fence. Erosion control measures may be necessary depending upon the site. There is no excavation or disturbance of the native area outside of the protective fence. This fence must be inspected by the city forester or his/her designee (920-5120) before airy construction activities are to commence. g. Per requirements of the PUD Agreement, a detailed erosion control and irrigation plan will be required for review by the Parks Department, identifying the irrigation along any Public ROW and native areas. h. Per requirements of the PUD Agreement, construction of the mud and debris wall will require over dig, the area of said over dig will be re-vegetated. Reference # 5. 938 SOUTH MILL S"IREET RESIDENCE /PARCEL 6 ASPEN MOUNTAIN SUBDIVISION STAFF REPORT PAGE 4 i. Per requirements of the PUD Agreement, a detailed landscape plan submitted and reviewed during the building permit review process. Landscape plan should reflect the species, numbers and locations of plantings. Additionally, included on the detailed plan will be any right-of--way plantings or requirements. j. Areas outside of the building envelope currently disturbed by the excavation of the entire Top of Mill site shall be restored with native plants and materials. k. Landscape plan shall take into consideration fire mitigation and use only drought tolerant trees and plants as well as space and group away from the house to prevent future problems with fuels. 3. All construction vehicles, materials, and debris shall be maintained on-site and not within public rights-of--way unless specifically approved by the Director of the Streets Department. All vehicle parking, including contractors' and their employees', shall abide by the parking limitations of the area. The applicant shall inform the contractor of this condition. 4. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m on Monday thru Saturday. 5. The applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 6. The Applicant or owner shall mitigate any public impacts that this project causes, including but not limited to utility expenses and sanitary sewer and water lines. 7. Colors shall tend to be earth tones to make the building compatible with the hillside. No reflective materials shall be used. 8. The Applicant shall submit an outdoor lighting plan and exterior lighting cuts sheets that demonstrate compliance with the City of Aspen Lighting ordinance at the time of Building Permit Submittal and/or prior to purchasing the lighting fixtures. 9. The Applicant shall install a fire sprinkler system throughout the residence if it is over 5,000 SF. 10. Barrier and Construction fencing shall be placed around the building envelope during construction and shall not be removed until the applicant obtains a Certificate of Occupancy. 11. The Applicant shall place a vegetation protection fence around the drip lines of any trees to be saved and shall have the City Forester or his designee inspect the fencing prior to commencing construction activities. No excavation, storage of materials, storage of construction equipment, construction backfill, foot or vehicular traffic shall be allowed within the drip lines. 938 SOLrrn MILL STRGGr RESIDENCE / PARCGL 6 ASPEN MOUNTAIN SUBDIVISION STME REPORT PAGE 5 ,. section 2• All material representations and commitments made by the applicant pursuant to this application, whether in public heazings or documentation presented before the Planning and Zoning Commission are hereby incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 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 Commission at its regular meeting on January 13, 2004. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Jasmine Tygre, Chair 938 SOUTH MILL STREET RESIDENCE / PARCEL6 ASPEN MOUN'rA1N SUBDIVISION STAFF REPORT PncE 6 EXHIBIT A g~40 tiREENLINE REVIEW According to Section 26.435.030 of the Land Use Code, no development shall be permitted at, above, or one hundred fifty feet below the 8040 Greenline unless the Planning Commission makes a determination that the proposed development complies with all requirements set below: 1. The parcel on which the proposed development is to be located is suitable for development considering its slope, ground stability characteristics, including mine subsidence and the possibility of mud flow, rock falls and avalanche dangers. If the parcel is found to contain hazardous or toxic soils, the applicant shall stabilize and re-vegetate the soils, or, where necessary, cause them to be removed from the site to a location acceptable to the city. STAFF FINDING: DOES IT COMPLY? YES The site is suitable for development. It has been graded and a building pad has been flattened out so there are no concerns about slope stability, rock falls, and avalanche dangers. During the review process for the subdivision, there was a concern about mud flow from the slopes above the site, so mud and debris flow walls were required along portions of the south property line, including along Parcel 6, to help protect the structures. To staff's knowledge, there have been no hazardous or toxic soils encountered on the parcel. 2. The proposed development does not have a significant adverse affect on the natural watershed, runoff, drainage, soil erosion or have consequent effects on water pollution. STAFF FINDING: DOES IT COMPLY? YES Consideration of the subdivisions impacts on drainage and run-off were considered during the original approval and were either deemed to not be a concern or were properly mitigated. With proper construction management and prompt re-vegetation this Spring, there should not be any impacts on any of the watersheds. 3. The proposed development does not have a significant adverse affect on the air quality in the city. STAFF FINDING: DOES IT COMPLY? YES Although all single-family residences in the city, collectively, create an impact on the air quality of the city from vehicle trips created and remaining wood burning stoves, staff finds that this single-family residence, by itself, will not have an adverse impact on the air quality of the city. 938 SOUTH MILI. STREET RESIDENCE /PARCEL 6 ASPEN MOUNTAIN SUBDIVISION STAFF REPORT PAGE. 7 4. The design and location of any proposed development, road, or trail is compatible with the terrain on the parcel on which the proposed development is to be located. STAFF FINDING: DOES IT COMPLY? YES Staff finds that the proposed home and driveway are compatible with the terrain of the parcel, which was largely determined at the .time that the original subdivision was designed and approved. Driveway access to the home appears to be easily accomplished without need for any further environmental impact. 5. Any grading will minimize, to the extent practicable, disturbance to the terrain, vegetation and natural land features. STAFF FINDING: DOES IT COMPLY? YES The grading and disturbance to the lot was created with the construction of the subdivision's road and lots and the installation of the utilities. The only additional disturbance to this parcel will be the excavation of the foundation for the house and the house itself, which is accepted as a necessary disturbance. 6. The placement and clustering of structures will minimize the need for roads, limit cutting and grading, maintain open space, and preserve the mountain as a scenic resource. STAFF FINDING: DOES IT COMPLY? YES The placement of the house on this lot was largely determined with the original subdivision, but the placement of this structure will not require any new roads (but will require a new driveway), will maintain open space outside of the building envelope, will limit new cutting and grading and will not degrade the mountain as a scenic resource. 7. Building height and bulk will be minimized and the structure will be designed to blend into the open character of the mountain. STAFF FINDING: DOES IT COMPLY? YES The building height and bulk will be minimized to the extent that it does not exceed floor area ratio and height limitations established through the PUD process creating the subdivision. Staff finds that it will blend into the "open character" of the mountain because of its relatively low profile. 8. Sufficient water pressure and other utilities are available to service the proposed development. STAFF FINDING: DOES IT COMPLY? YES There exists sufficient water pressure and other utilities to service the proposed structure, as evidenced by the approval of the subdivision. 938 SOUTH MILL STREET RESIDENCE /PARCEL 6 ASPEN MOUNTAM SUBDIVISION STAEP REPOR"r PAGE 8 9. Adequate roads are available to serve the proposed development, and said roads can be properly maintained. STAFF FINDING: DOES IT COMPLY? YES The City approved the roads of the subdivision when it was originally approved. No new roads are proposed with the development although there will be a new driveway, which will be required to comply with design criteria for driveways. Adequate ingress and egress is available to the proposed development which ensures adequate access for fire protection and snow removal equipment. The recommendations of the Aspen Area Community Plan: Parks/Recreation/Trails Plan are implemented in the proposed development, to the greatest extent practical and were considered during the subdivision process and incorporated into the plan. 938 SOU"rH MILL STREET RESIDENCE /PARCEL 6 ASPEN MOUNTAIN SUQDIVISION STAFF REPORT PAGE 9 ATTACHMENT? AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: ~ , 200_ STATE OF COLORADO ) ss. County of Pitkin ) I, 1 ~ ~,~~4~ ~ ~ ,~,~ `~ (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 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 lust fifteen (15) days prior to the public hearing. A copy of the publication is attA~hed 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 CoriI nwiity Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (I S) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezondng 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, aild the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the pla)ming agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. C S'gnature The f regoing "Affidavit of Notice" was aclui wledged befgre me tlus~ day of ~e~ - , 200, by ~o~--~-5 f-•~) WITNESS MY HAND AND OFFICIAL SEAL My commission expires: s ~ m~,.. rlu Im • Notary Public u Pm- ~(p`PY- PV o.,. SP.RAH OATES NJ,`,. NO'flCE IS NERFJSY vNi.be he1G m 1Yli tieeung m hegm ai Planting and Za11E Room. Cllr Xsll. 1 Por homer WormaDOn, mp[ect Scott Woud~oN at the City of AaDm Commotity Development Da. WrmKnt, I3DS Sl, bPen, CO (97926 5102, (or 6yeRW(itlwOcLnpm.c¢us). a/Jamnme 7yge,CMir Aspen wd ZOnlYg ConmOsabn PubWhpl m 711e~11ona on Deceotber 27. 2802. (1096) •, - ~~*-^^= ATTACHMENTS: 'Y OF THE PUBLICATION 4), ~..• FOF CO PHOTOGR,4PH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL !7 '"' ~.. .,. TRANSMITTAL To: Scott Woodford, Planner, City of Aspen From: John Galambos Re: Top of Mill parcel 6 8040 Greenline Review Application Cc: Frank Goldsmith c A L A M B O S , R ~ „, r E ~ r s, N Date: November 25, 2003 Scott, Attached are ]0 copies of our 8040 Greenline review application. It contains the following: Attachment 2- land use application; Attachment 3-Demensional requirements form; Ageement for payment of City of Aspen development application fees; Title commitment for proof of ownership; letter from owner allowing us to act on their behalf; vicinity map, and Response to 8040 geenline review requirements. Also included are 10 copies of 11x17 drawings including the following: survey of top of mill per pud, gading and drainage plan of top of mill per pud; Site plan, Floor plans, Elevations, and Sections. And finally one disk of our response to the 8040 requirements for this site. Please let me know if you have everything you need to process this application. As we discussed, I would like to be on the January 6, 2004 agenda with Planning and Zoning. Thanks, John Bldg 300, Unit D AABC • Aspen, Colorado 8161 I P: 970-029-1286 • F: 970-029-1296 E: gainc@galambosarchitec[s.ne[ 112503 8040 transmittal.doc -, _.-~, ~,.. .,., ATTACHMENT 2 -LAND USE APPLICATION APPLICANT: Name: '~ a~ N,~\\ ~.v,u~t5N+7 CL~-, 1nw~cGl Location: g4,°~ S. *ill 54KSF ~ ~o.col G,lk~v` Ana.•.}..i.ti Sti~aioTS>~,.. 7uD (Indicate street address, lot & block number, legal description where appropriate) Pazcel ID # (REQUIItED) 2"13 • l82•oL'Zo(. 1?;EPRESENTATIYE' Name: ~lnv. h.,~,wbes ~ tta~4~~vs A~c(.:~s ~c,L Address: 30 o V, k~q G, /~S~eH, 4~ i~ I b i l Phone #: 9'Lg • !t °0 6 PROJECT: Name: ~a.ce~ ~~ ~~ a~ Mill - ~si~ewce. Address: 93~ S• pnill ~•ree>< p~,~s~. Lo Ste" Phone #: q 25 • ZI 14 TYPE OF APPLICATION: (please check all that apply): ^ Conditional Use ^ Special Review ^ Design Review Appeal ^ GMQS Allotment ^ , GMQS Exemption [~ ESA - 040 Grcenline tream Mazgin, Hallam Lake Bluff, ^ Mountain View Plane Lot Split ^ Conceptual PUD ^ Final PUD (& PUD Amendment) ^ Conceptual SPA ^ Final SPA (& SPA Amendment) ^ Subdivision ^ Subdivision Exemption (includes condominiumization) ^ Temporary Use ^ Conceptual Historic Devt. ^ Final Historic Development ^ Minor Historic Devt. ^ Historic Demolition ^ Historic Designation ^ Small Lodge Conversion/ Expansion ^ Other: EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) UwLtxi- (e~ ~.s ~eyJCloYc~ L7 'rmYeFwi~l ~,U[Sprs GLC ~,cr 1L, I°""•N~~ ~~~n$yi a.~ `l J~ f ~K-~o rde~ ~~5'r ~8, ~OZ. ~ ~IF LL, ~eF.- PROPOSALL: (descript1ion orf proposed buildings, uses, modifications, etc.) / \IC+~S Siw~~c. ~w. ~ ~y ~Siaewce o~ ~~~ >~ t] Have you attached the following? ~,~ FT~ES DUE: $ Q Pte-Application Conference Summary N°~" K~~`"Z ~ej [/~ Attachment #1, Signed Fee Agreement esponse to Attachment #3, Dimensional Requirements Form [3 Response to Attachment #4,-Submittal Requirements-Including Written Responses to Review Standazds All pleas that are larger than 8.5" x I l" 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. RET/JN FOR PERMAIEI~T REO~D y 1y . uyy ATTACHMENT3 DIMENSIONAL REQUIREMENTS FORM Project: Applicant: Location: Zone District: Lot Size: Lot Area: ~1a~aw.le•s A~ol•.t~~rrcl-~ °l1i°o 5. 01Ai11 .SiKt l~vcc( ti ~P~ u.VV.~+,i~ ~I~iJi51a... '~Uj> 8ofo SF 'bp 6 5F (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mazk, easements, and steep slopes. Please refer to the defmition of Lot Area in the Municipal Code.) Commercial net leasable: Number of residential units: Number of bedrooms: Existing: Proposed: Existing: o Proposed: / his%de~cc / Aau Existing.• Proposed: G ~~ ~ AnJ -~~- Proposed % of demolition (Historic properties only): DIMENSIONS: F1oorArea: Existing: v Allowable:5~2~ #itf=Proposed:~~- Principal bldg. height: Existing: Allowable: Zm Proposed: Zo Access. bldg. height: Existing: Allowable: Z o Proposed: Z ~ On-Site pazking: Existing: Required: 3 Proposed.• ~ ° /o Site coverage: Existing: p~ m /e D Proposed: Required.• C w ~~ ° Open Space: Existing: _ Required.• '~~ Proposed: T"~ s Front Setback: Existing: Reguired.• IS Proposed: 15 ReazSetback: Facisting: Required: to Proposed.• lb .P~ ~D Combined F/R: Existing: Required.• Proposed: Side Setback: Existing: Required.• tv Proposed: ~D Side Setback: Existing: Required.• 10 Proposed: to Combined Sides: Existing: Required: Proposed: Existing non-conformities or encroachments : N°`"~' Variations requested: RETAIN FOR PERMANENT RECORD r .~i/ CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT CITY OF ASPEN (hereinafter CITY) and _ ~~D~H C"ta~kwl~oj ~ Z"1~~aNn~aS ~rC~,rc}ec.~ts IAA . (hereinafter APPLICANT) AGREE AS FOLLOWS: has submitted to CITY an appplication for ,At ~ 11 II ^, fl°,U It vJ .~./ I~.eel ~ 1t~.e~°v~ /luo~ntaiti J~~+hoiJ iSia~. (hereinafter, TIIE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agees 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 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 findings 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 $ which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $205.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN sy: Julie Auu Woods Community Development Director g:lsupport~formstagrpayas.doc vlorol APPLICANT ~.~.;~.~ sy: ,u~ I I )2s~v~ Mailing Address: L'(a~aw.~s ftre~n[Cd~ ~. ~h, Co _ °of611 RETAIN FOR P R~ F~~ !^1 ~..~/ Va/ November 25, 2003 Mr. Frank Goldsmith, Manage Top of Mill Pazcel 6, LL,C 1000 S. Mill Street Aspen, Colorado 81611 To City of Aspen Planning Dtrector, As the Owner of Pazcel 6, Aspen Mountain PUD, I authorize John Galambos of Galambos Architects Inc., located at 300 D AABC, Aspen, Colorado 81611 (970-429-1286), to act on my behalf with regards to City of Aspen's public heazings for 8040 Greenline Review on this project. ,.. .~. ~~ Commonwealth a Landamerica Company ALTA Commitment For Title Insurance American Land Title Association (1966) AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3RD FLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL ADDRESS: pitkincountytitle®starband.net Issued by Commonweekh Land Tkle Insurance Company Home Office: 101 Gateway Crntre Parkway, Gateway One Richmond, Virginia23135-5153 1-800416-7086 B 1004268 ,.., a.s ~ , COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: July 15, 2003 at 8:00 AM 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-Form 1992 Proposedlnsured: FALLRIDGE LTD. (b) ALTA Loan Policy-Form 1992 Proposedlnsured: Case No. PCT18274C Amount$ 7,950,000.00 Premium$ 6,194.00 Rate: Developers Amount$ 0.00 Premium$ 0.00 Rate: Tax Certificate: $10.00 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: TOP OF MILL INVESTORS, LLC, A DELAWARE LIMITED LIABILITY COMPANY 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: PARCEL 6, TOP OF MILL SUBDIVISION/PUD, A PLANNED COMMUNITY, according to the Final Plat for Top of Mill SubdivisionlPUD, a Planned Community recorded August 16, 2002, in Plat Book 62 at Page 4 as Reception No. 471099. PITKIN COUNTY TTTI.E, INC. 601 E. HOPKINS ASPEN, CO. 81611 970-9251766 Phone 9749zs-6sz7 PAx 877-217-3158 Toll Pree AUTHORIZED AGENT' Schedule A-PG.1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. COUNTERSIGNED: ~o Ems? ~ ~~~~ I ~ f LS~s 3 ~j'/k W G .. , ,. November 25, 2003 Response to requirements for 8040 Greenline Review oer section 26.435.0020(C) Single Family Residence Pazce16, Aspen Mountain Subdivision PUD Galambos Architects Inc 300 D AABC Aspen, Colorado 81611 429-1286 1. The parcel on which the proposed development is to be located is suitable for development considering its slope, ground stability characteristics, including mine subsidence and the possibility of mud flow, rock falls and avalanche dangers. If the parcel is found to contain hazardous or toxic soils, the applicant shall stabilize and re-vegetate the soils, or, where necessary, cause them to be removed from the site to a location acceptable to the city. This pazcel is suitable for the proposed development of a single family home. This was established by the extensive PUD process the developer went through with the city. The slope and ground stability was analyzed and tested by the developer and accepted by the City Engineer. The dangers posed by Mud Flow were mitigated by Debris and Deflection walls as shown on the original PUD application. Extensive soils testing were completed by the developer of the pazcel for hazazdous materials. If any hazazdous materials are encountered during excavation they will be dealt with per the report submitted with the original PUD. 2. The proposed development does not have a significant adverse affect on the natural watershed, runoff, drainage, soil erosion or have consequent effects on water pollution. This project does not have significant adverse affects on natural watershed. This was again established during the overall PUD process for this subdivision. Refer to the final plat submission, Grading and Drainage plan prepazed by Schemuser Gordon Meyer dated 5/31/02. 3. The proposed development does not have a significant adverse affect on the air quality in the city. This project is a single family residence and does not have a significant adverse affect on the air quality in the city. The driveway will be paved and the Top of Mill Street is paved. 4. The design and location of any proposed development, road, or trail is compatible with the terrain on the parcel on which the proposed development is to be located The proposed development is compatible with the terrain of the pazcel. This was established during the original PUD process. 5. Any grading will minimize, to the extent possible, disturbance to the terrain, vegetation and natural land features. The grading, disturbance to the terrain, vegetation and land features were all dealt with during the Original PUD. The grading and drainage plan by Schemuser Gordon Meyer dated 5/31/02 was accepted with the submission of the fmal plat. 6. The placement and clustering of structures will minimize the need for roads, limit cutting and grading, maintain open space, and preserve the mountain as a scenic resource. The placement and clustering of the structures was established during the original PUD process. 7. Building height and bulk will be minimized and the structure will be designed to blend into the open character of the mountain. The building height limit was established during the original PUD process. The home is allowed to be 28. feet above 1975 topography as submitted by SGM dated 5/31/02.. The home as drawn is a[ or under the height limit. Please refer to the elevations. 8. Suj~cient water pressure and other utilities are available to service the proposed development. The water pressure and other utilities were all established during the extensive PUD process. These utilities have been installed and accepted by the vazious city departments. ~•~ 9. Adequate roads are available to serve the proposed development, and said roads can be properly maintained. Adequate ingress and egress is available to the proposed development so as to ensure adequate access for fire protection and snow removal equipment. The roads and maintenance of said roads were established during the PUD. They have been installed by the developer. The Fire department reviewed and approved the design of the proposed road during the PUD process. 10. The recommendations of the Aspen Area Community Plan: Parks/Recreation) Trails Plan are implemented in the proposed development, to the greatest extent practical. 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