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Home My WebLink AboutLand Use Case.808 Cemetery Ln.0030.2009.ASLU~'4 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0030.2009.ASLU 273512200851 808CEMETERTYLANE DREW ALEXANDER GMOS EXEMPT/FINAL PUD ALAN RICHMOND 11 /17/2009 CLOSED BY Angela Scorey on 12/10/2009 808 Cemetery Lane- Rea autte Cemetery - 273512200851 0030.2009 \ C - i \ ...1 61,4::*.*AM#7*th'D Â·-4 ,... ' --' . 1- I.' I~Â£/'/*8*Prl ~ / .6. 9~ , Â». ...4.1 4. , -4/7 2- 4 ./ - 'A i.. rÂ·-.... 'Â·..'27 c-:57"" 1 4 . t.-/ I -'Â·7â€¢--f ,- 'Â·.-4 4-,- .../.--I...r..... --'. - L -NIA/N~ ' L L/NE BEARING DISTANCE L f N 12'26*11-W 4.80 L 2 N 00*21* 15-W 34.92 L 3 S 4/Â°05 50-E 23.26 .. WEST MEADOW~SUBDIVISION DITCH BOOK ~A PAGE 2245 : LATTA GUBSER ~ LOT 7 i LOT 0 CONDOMINIUM HORZ CONTROL 5 REBAR IN85*15'W] PLAT BOOK 10 PAGE 37 LOr 3 BLACK BIRCH SUED YPC 12707 BLACK BIRCH ESTATES 84Â° i 1 5 REBAR RED 25947 00** YPC 12707 PLAT BOOK 3 PAGE 244 t--50 71. Â· N 64'19 40-W ' 3 REBAR LOT 9 I. 1 / 4 REBAR ELEC 1 3 REBAR LOT 4 ~ GAS UT I'L ---- -13. RPC 16129 [/20Â·, VAULT ; IN CONC '' C - ------.. ------ 0 50 t Oo IN CONC IN 84*01' W] [140'1 J [230.0 ] OME FOOT CONTOURS 78 69' ----- 16628.-642' 546=. N 84*05' O'W - - N 84*01'W 10' HOLY CROSS ELECTRIC 1 OK --ar--*-*--I- , EASEMENT BOOK 722 F AGE 147 - .\1 ZES --"'*"'*-'Yij~"'M.,' CROSS~ECT EASEME IT BOOK 602 PAGE 8lf 7835.79 -RFC TA-ON \1ll i j/ . 4 1 78 .30 LOT 7 : Ti 1 ;AE LINE AS FLAGGED 10/05 CITY OF ASPEN 8 Â£ tl~ 4- 7837.3 . /~~ GAS 1- 1 NE \AS F~GGED at 2 4 0 e 'KELI 4 REBAR 15?10 ; ............-.....*..... - IN 88*41 30-E ~.~-(2.2641....~~..,...-.4--=. e. I 11 , 1954/78 BLM - v iECJION LINE ---4 3 + 0677-J5-- E }--I {71.92 3 J {34.81'3 IN 01'02.20 Wl BRASS CAP SECTION CORNER ---41 1-) 4 REBAR $ .ill_ 'I Â· 1 Â«P\\\TI\6 / 11 / \41'7 - 1 1 11 1 15 LA - GAS L I NE AS FL_.GED i O/05 N LOT 8 z 4 1 ~ OPOSED UNDERGROUND -- .4.04 U' HOLY CROSS ELECTRIC 1 " EASEMENT BOOK 602 PAGE -M-k. 872 AS CONSTRUCTED - THE FOOT OF THE SLOPE. 0-7840.5 f~ 30 ~ = OLY CROSS ELECTRIC P $TEEL ROD - EASEMENT BOOK 766 PAGE 202 J 4 2 10- OUT OF GROUND 0 / - 7037.9 2 1 1,/\ 4 6 RED BUTTE CEMETERY LEGAL DESCRIPTION 1â‚¬39* I h b A PARCEL OF LAND LOCATED IN SECTIONS 1 AND 12 TOWNSHIP 10 SOUTH // ' % RANGE 85 WEST OF THE Gth P.M. CITY OF ASPEN 'PITKIN COUNTY, ' 3 k COLORADO, MORE PARTICULARLY Dâ‚¬ SCR I BED AS FOL(OWS: 1 2[10Â» A t .4 -El BOUNDED ON THE SOUTH BY CASTLE CREEK SUBDIVIS#ON (PLAT BOOK , 11 in~ 1?0 11 2 -,7, , < 1 11!4 Y 1.1 2 -1 1 51r~ b 0 4&100 U 11 66 \ 10 \ 4 2A PAGE 24 i ) : BEGINNING AT THE NORTHWEST CORNER OF LOT 10 OF 2 /2 CA#TLE CREEK SUBDIVISION: THENCE S 8474*00 E 546.93 FEET: -1 40 t) v \/Â»\22 THENCE N 12'26'11- W 4.8 FEET: THENCE N 17*40'15 E 84*75 FEET: THENCE 4000 \90\ -- BOUNDED ON THE EAST BY THE ASPEN MEADOWS (PLAT BOOK 28 PAGE 6) N 13*01'35- W 65.00 FEET- THENCE N It'33'to- E 96,62 FEET: N 01*50 20 E 1 Il.4.04 FEET: THENCE N 1430-25- W 64.31 FEET: THENCE N 04'08'30- W 286.13 FEET: THENCE N 21028'50' W 171.56 FEET; THENCE N 16'21 + 15" E 305,82 FEET: 0------- THENCE N 01'02'20- W 33.38 FEET: 7843.47 A \ ALSO BOUNDED ON THE EAST BY THE CITY OF ASPEN: \ 1 HENCE hi 0102'20 - W 102.97 FEET TO THE SOUTHERN BOUNDARY OF \ BLACK BIRCH ESTATES : E) 1 . - - f All 40 11 BOUNDED ON THE NORTH BY BLACK BIRCH ESTATES (PLAT BOOK 3, PAGE 244): THENCE N 84-01 ' W 338.69 FEET: 5 REAR ~ 7842.3 -/ ~ 1 / 4 121: ALSO BOUNDED ON THE NORTH BY LATTA GUBSER CONDOMINIUM (PLAT 3 784 Â£ ---44.- 111 1 BOOK 10, PAGE 371; THENCE N 84'19'40' W 178.45 FEET: LU 23 r J =12 %11111 ALSO BOUNDED ON THE NORTH BY WEST MEADOW SUBDIVISION {DITCH 1 BOOK 2A PAGE 245): THENCE N 84'15'00- W 71,03 FEET: /1, r0Â¤-~--=---1 ",1 BOUNDED ON THE WEST BY SNOWBUNNY SUBDIVISiON (PLAT BOOK 2A 6 0- HED ButTE LOT 10 C C. ' 4 REBAR o PAGE 229); THENCE S 00*04'El,284.33 FEET TO A POINT ON THt EASTERLY 2. CE El EMET~ERY RIGHT OF WAY OF CEMETERY LANE' ' ~ j ALSO BOUNDED ON THE WEST BY THE EASTERLY RIGHT OF WAY OF â‚¬ 00 16.8 *CRU2Â£12122_ 1 CEMETERY LANE: THENCE S 41'05-50' E 23.26 FEET TO THE POINT OF BEGINNING. a 9\ 6 7842.97 Z~ 1.0 i .6 0 I. 5 REBAR 1 .A -OP > 4 CERTIFICATION ' M. O - FfELD. NDIES OF K SURVEY PERFORMED UNDER MY SUPERVISION DURING , -\ 1 Lpti.C... 2007. THIS SURVEY VOID UNLESS WET STAMPED. 1 JOHN HOWORTH HEREBY CERTIFY THAT THIS PLAT WAS PREPARED FROM -4 - 7 A .0 SIGNEQ#THIS_.11_DAY OF UND ' 2007 . I -4 I Oâ€¢ ' ~; 4.0 3 Z 4, lu 1 f i JOHN/AOWORTH P.L.S. 25947 A . A : E. LOT 11 : , 1 , ,- 4 \ i 4 REBAR 1 1 Z ; A & 4, :A A 5 REBAR ; i . ~ ~ 1' 1, Ch 2Wj 63 00'EA ' % EU 91 A , J o o.'in '[fl '11 ; 5 1 , ofi , - 6 ('06!.67 c; 8 4 434Â·Â«U i 0 -r 4 :.4 1, 1 1, a 6 4 Pli : A a Â© ~ *F W * 1 4Â¢6<><43 l :, :(: '' SITE -1, LOT 1 2 94 Pli P. - 01: EX] ..6 , $ 41 1\ . il 1 f . 64: ' U 01; : 1 A eli . 1 2, 14 FORM STAKE -~ ;ti ; ' % A ... 0* 0 ,2*.2 .t ' I. 0 00 9.1143 2 21 4 i 7 - 1 ; .0 - 15 4 â‚¬ e b 0 0 3 Gin 1 2 t . i ' Â«!Â·77 * 4 , J : 1, Â»M 12 0 .. 0 55- :461 0 0 0 ..0 W S 9 1 - .'.'..~'~' [~3" ..\ 1 7-1 2 NE 1 '1 - <01 It<,f ; .4 LOT 16 r k iâ€¢ [ A f . O -' 3 Â·1 , 4 1 A 0 % 1 , 9 234 0 0 12 1 '' 0 01. , W * *el .. 11 . 11 ot 1 /19 d ,.. A CEMETERY ROADS . ~ . .61 0 -41 1 4 7 ,) % 0, 3 1% , , 9 A.6 4,44'*A SNOWBUNNY SUBD. AS 1 # ; 1 MONUMENTED IN THE F i t!-p- 11 '' - 6, IS ROTATED 0Â°08 -- 5 REBAR ,;1 , l COUNTER-CLOCKWISE : 6 M---~ GAS LINE C... SY HORZ CONTROL AS MARKED 1 .61 1 SNOWBUNNY SUBD - f I 0 1% 1, O , Ull O.; 1 l. ' ' -- N 2 -1.~~YELEc:ps 0 JIA A A .I Â£ Ul i a f '' ''' 4 REBAR LOT 17 H :: ~ THE FOOT OF THE SLOPE r.. A A , 1 A W 6 : 4-J ' 3-7 0 1, F ..N 0- lui 2 0 4 0. 6 0.22 O \' 10 $'. : t: 3 4 1 /1 1 : 4 4 - 0 t , t ~0 0- 2 " . 71 i it A .A .4 0 2-0 : f / 13 IN 1 Â¥.1 -9 1 . M '' ~ 4 REBAR ' LEGEND & NOTES I .1 A Lul O . 1 J O FOUND SURVEY MONUMENT REBAR WITH CAP AS NOTED ~ LOT 1 8 â„¢I : SPIKE OR P-K NAIL SURVEY CONTROL J~ TEE FENCE POST i i 1 / b '' 2 7 -O- WOOD FENCE Â¢ FIRE HYDRANT (TYPICAL) 2 1 N 2 41 - WIRE FENCE Â® ELECTRIC TRANSFORMER P , 1 5 4 1: .. i A 0,0 -. O UTILITY BOX 0 UTILITY POLE 1 21 xii i! 2 3 ~ MANHOLE :i TITLE INFORMATION WAS FURNISHED BE â‚¬ 51 COMMITMENT NO. Â£ A 4* 1. ; i A DATED: 2, i; !! i BEARINGS ARE TRUE BASED ON SOLAR OBSERVATIONS AND CARRIED 1 6: . a . 1 'trij 1 ' 1| ~ BY FIELD TRAVERSE TO THE FOUND MONUMENTS AS SHOWN 4 9136 N Ch %-. 1954/78 BLM ; :i i BRASS CAP 04 2 -' 4 CALLS IN I ] ARE RECORD FROM THE SUBDI VISION PLATS AS SHOWN , SECTION CORNER (I _. l.n A A A ,---& 1, 4 * * CALLS IN SLANTED TEXT ARE FIELD MEASUREMENTS BETWEEN FOUND SUREVY MONUMENTS OR SET MONUMENTS 4 REBAR , 1.. : : C 11112 ) GAS LINE AS MARKED -' ~-'~ '""""""~""""11""-"~1 of 4.0 6 ~-Â·-~ 4, SET CORNERS ARE NO. 4 REBARS WITH RED CAPS 16129 , 44 . . <10 RED 25947 -~- 5 e GAS LINE FLAGGED 10/05 SHEDS 81 XL. 24 Â¥ &7~\ SPIKE SURVEY CONTRot \ 0 %461,44 + ELEVATIONS BASED ON ASPEN GPS MONUMENT 5-!59 1/15. 637, 1929 NVGD PAVEMENT 0 -r- 6 t i g r. 4664<4 2 42 \---- --fA STLE CREEK 1 FOUND PIPE -*:0 546 93' 3/8-xl 4 REBAR iLHORZ. CONTROL 1 NORTH LINE CASTLE 4 CREEK SUBDIV!510N LOT 9 SE COR GOVERNMENT LOT 1 # - 9-- IRON BAR ~\ 35 i WOOD FENCE POST r--E] W/ SPIKES & FLAGGING APPROVED BY THE BLM 1980 11 ~ CASTLE -D L LOT 10 \ LAREK SUBDIVISION 1 1 B\ \\.. 4 \ \ PREPARED BY ASPEN SURVEY ENGINEERS INC. \ - 210 SOUTH GALENA STREET 192 ~ NOT?CE: .ACCORDING TO COLORADO LAW YOU MUST COÂ»!ENCE ANY LEGAL 1 1 ASPEN, COLORADO 8!611 ACTION BASED UPON ANY DEFECT ON THIS PLAT WITHi N THREE YEARS ' AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION ~54.36' 1 5/Â·3Â°33 E PHONE/FAX (970} 925Â·3816 BASED UPON ANY DEFECT IN THIS PLAT BE CMENCED MORE THAN TEN J 5 REBARS Â¥EARS PROM THE DATE of THE CERTIFICATION SHOWN HEREON. THE DATE JOB CERTIFICATION IS VOID IF NOT WET STAMPED WITH THE SEAL OF THE BURVEYOR. 12/07 30306EH 1 3 IN 00Â°04'W ] 120.00'] W 200.00*] [125.00'] IN 00Â°04 W 125.00'] 119.97 .100Â° 1.2-40' E-+24Â·. ' -- S SNOWBUNNY SUED. 00Â°04'W 120.00 1 06'Â£22 d 90 Neo E.Â£1992 - 0Â£~~~~~*0*~__,~~~~~-- [.170'411] 4 Or.6~ i , .. L.2-r 6 1-611-A G+41 [5 5 L K LOT- 3 ~ 9/ IES-T- tlE#-b>eÂ», C.8+4 De'M I A-1 l u- t-1 aLl B 'D Lor 4-U / Lor 9 -5 u Ac k. Â£3 1 2.-c- ++ E- S 1-*2,.--r-M-S P ED P 5421--01- l- 4 440- .. \ 0 >'I X. , --- 3><. Â»:., * 17 1 / \ 5 Ste 11Â£&-130- 4 il 11 /1 - 4+ 4 1 11 j. '.-* ..1. /' 0\ /1 / I \4% // /X\ / ..4.. / 1 / \\ h SEC-r--Id>*-1 1.-1Â·'-4,* h - - 1 - - ./.I- .'I.- /..% i\) --- % f ~*-J . < i rE,*Fnf'+5- 1 1 r 1 ... h / 6/ / Â£Ak-Â£ 9/461 'f.@! , 1 / - . Nt,<I , ' ' W â‚¬, . , 9- . Â·1Â·' 1 . L \\ 1 /4 / / ;Â· ' Â·Â·Â·. .-4.t. / (P .\ /Â»./. N ./ \\ S g A . 1.-064-r Â£ 6 8 0 F ---, Cr G I. 1 -I, .V lf 1.1-kt D 11(26-12ro, 1.-kh# 11, LLIM L 11-ES i tkpÂ©- 542 PO LE-5 7/ h. 1 4-4 RD '. - \ 0 . ///.\ // I ~// - 'I /08% ' I , \ ..2. 4\ ./i\ I-* -------- / f s po It- S 1 ,\ 0, /4 1 1/ 1.DEILITT N ,/ \ L 4 . ~,17 h IZÂ».6 1:L. r-1EK+T'IS / /lk & At . 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MI*F-rr-s p.*~ - Vt n./ . 13 FA, 1,4, I B W< 3>E SCA Le. 11'= 3-0 -o Fi ,) t@/ RED BUTTE CEMETERY GiC,V'kÂ«*Mt j ;f tÂ»' rdÂ· 0**Â»*4~>*44,*.4.~ 8%8121> O N S 1.1- LVET 134 42>711-1 100 Ff S 14 -12 Â¥ 4-7 %444- 1 U E,1. 116 It/O1 S PLANNED UNIT DEVELOPMENT SUBMISSION ASPEN PLANNING & ZONING COMMISSION 20 MAY, 2009 GRAEME MEANS ARCHrrECTURE 210 SOUTH GALENA STREET #23 ASPEN, COLORADO, 81611 (970) 925 9150 LI Lon 6 lon 1-1 <7 1 91 Al <1 2 1-1 9 PEDP#&71 UlÂ»126 PA L- M ./ 932-int_ et 1 LOT A Ar :LOT 9 3 LAÂ·*rr 6, 64# 8 6 K 'L Co U D Â© 111 +-1 I LL M S B LLAC *. 8 12- C 4 â‚¬Â·St-~-reS 13> L-ACE. 13> 112.04.4 12&-r-A. -r-t=~S .. - - -*--*#---- 0 .-I .-Il- -/-0.-....*Il--I- -- 4 006 PTZÂ©P $ 2,71' L 1 Â·A E. .. 4 \ .':al.?04*. 1 - 3 + 1 \ 1 1 -- -~--1 - 0-, \ -- f \ I 1 ...0 # S 44- 0 \ il , --- - 1 M 5- A- D O 4 \ -5 1 \ b , / /1 W\ -11.- ~1 - 1 - Lk 1 il f :' 1 A 1 1 -----1 1 33# 1 . - - 1 1 1 -- 11\\4 a 1 7 i -1/1 3 - 0. 412* \ 211 t LI 44 1 0 F AC.1- ivt i / \ .e 1 1 - *-.---'- i ' \ 1- i \ \ . bkZ'r 1 1 i _24--- 1 /1 1 1~14.4... -' . - 3 \1 \ Gil .,f~% 1,4 'BL ..f 1/\ 1 : i x 1 *i , 1 , --t -. , 9 1 1 4,/ \ 4 /\-1 \ .--\ r C. % 1/~3 1 1 \ CO kICLIDTI *.*.=.-1 Y: . . \ 0 , 4.- Pe<)~W 0 0 ' ---- % 1 0 0 11 1- J-) I j i -*-W--n ) 1 . 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' 1 / ----L 1 0.-I Â£ \ 1 2 1 ... 1\ t I i 1 //1 ----** --: *- - FIAn< i t i--*-----1 * - 1 . 1 1 --4 t -, 0 0 .. l-1 1-1 11% 4 --- t 4/4% -d - -/4- 3 //9 4 k \/1 9//3 -Â«**---4*- -f -- 'A \14'it / / 1 (1. . 1 \ 1 1\ 1 -- \ 1 2 1 1 . 3 --,--,- s c 1---F r---1 N' ~ -- x*-trt \ PA 1 i 4 l-' t .3\ 9/3-"~'. 1 ~- t\\ -BUR-/ u L- 1 ~ 0-7 /. 12 ue>-rs W \---1 1--0 L f \\ -f L-,3---+ 1 \ \A 1.-1*- 1 \ t G --------------*.. 1 --91 \D L-.*.-i ------b-- l 10- 1 -t \ *-1 L - 4- - X \ 1 - 1 - 1\Â° .#.-'~ 1 1-, 1*77 1 1 -- \ -F i 1 ' 1 \ 8 .. -/1 - 9-L- S -1Â«:1=F n E 1-1 -T--1- E- CEMI-E- 7-- % A-â‚¬ A C-riviT *f 15-NVE- Le PE- P LA+4 1 tl 544 LE = 1 = 10 -O 5-0 P< RED BUTTE CEMETERY PLANNED UNIT DEVELOPMENT SUBMISSION ASPEN PLANNING & ZONING COMMISSION 20 MAY, 2009 GRAEME MEANS ARCHITECTURE 210 SOUTHGALENA STREET #23 ASPEN, COLORADO, 81611 (970) 925 9150 I X 0/? ur r I D 4 1 - XM- i T / 01 -1 / 1 . \/1 1 1 1 .\. 1 - . Â£ rk,1 404 2.0 . 1 09~0~~-~ 0,/77 of- 47N 9â‚¬153 / Â· 16 -/-/1, f ive,~ pk 11 '70'V *44*4 ./R Â£ '*B.B' . / . f \ I 'J j . .. -p ., '. ,-0 =laÂ« .al 47 -. Â· .7 . G % .lip K . D .. , .% 4 0 0 1 B. I j . . Vy ./,9. 'p ..4 . f \ pt009 4 - %07 N - .1 - 0 f U.42*1 0 , ./-/ e \ 4....# ./ . AIA â€¢ 4 I ,/fle.,~16 , /-Â¢\ f.:(..,~Cf-1*-29:hi . 7 1 1 Pr--/..2.4.Â·' t:'1'A. i -2... :.' -I ; Â· f N )./*rT ' 6 .'~~-I/&..Â·4~ ' f -- 14/-' lili12 . . 1 ... a . , I I. , 90 . f .1/* ti/\ / # 1 1 ..1! '12 ,% /Â· #7\- ~ *17112. f #i ~ "- I '62Â·Mf..'.-Â·.gly Â· 1 6 '9-411*'Ct I; u .'â€¢ . 1- 41-1- k . - .40>i 1 h .... lili". i -i. 8 46'1 ./4.*.Â·9 1 , . \,1 X. Â· 7<3 1%~.1<A - - I /4,124' 46;/ S. ./66 1- .12 1 i . *46 4 44 1.0 \ $ i Â£ .t : 0 ./1 1 1 -4 4, '. N Â· P# * . 0 , ..2 0 r - - 2 Gl i Ii i-' - I Â·=- L.. -"PIA i . . 17...14; 1. / 011*4Â£1, i 12/32.â€¢r Er W 1 -4 - .111% i I I.- ty'. I. 3 i V 4 , / 1 1 0/ - ~4 . -14; I -- I j.Â·, i I / - 2 , U. 4, 1 1 ailÂ· 4 - iv *542*B;aÂ»â€ž*351*290 '1Â£0&0 . - I .1 i L 1. 94 V -U?.7 . C .. :- 44 . ~t 1/ Â¥ 1 ~ 111&-1 i.tr*UA44â‚¬21. S L,Â·C)&r' 2 " . Â£ 44 pr f S A pr DI N /4 ,. \ 16 ./1,21.. 1.4. - ,.1,4 \ 1 *filti/ . i , r 4/ itika*"21 -1,\ 1 Â· 'A#/#BA i i 4 : il-.7V' ' ' 4 i 11 -. 1 â€¢ # 11 , 0 Ill--4-1 . 1.1 , ./ \ 1 -I ".-- .- ft. .Y 4&4. I f | 4 ' ; 7,| , '0/ 41%2# 4 \ p / t. â€¢Â· 'CP220bb1 k - , i 3/ t / 4 6% 10. / .U,6 - 113faterll \. i r 31 Aspen (2 1/2*al.) Uu.- 4 0 1- . : 1, 0%4. . /Cle/\ i \\ -1 / - --- -- - \\ 1 8 .97 4-6- 0 /. ,.. t,.,2 : F 'Ill 4 -- Ff 29 Gambel Oak (5 ga.) 4.-1 -9 4,\ / 1 I I f r $** .//4 t *qi,frtat * : 7 rf \ , V / 0 3><1 i / \\ /5./ 9'11Â·' t /..14 / j \ . 1 /0/' = . a l P '~ 4-1.-9 -1, . . 35 Serviceberry (5 gal.)_ ' 4 111 0 41' 1,2,~ / 1 1 .. 0.1 4 . 4 - . .- 1 . , r// 4,1 1 ,-1 6 f t:>lck U p T ,&id--1,1. 1 ~126 ko 77/ ' 1 \ * 1 ' - V & - Â¥ i 4 " VE,Â· , . 21 ] Nut,41.- -- 7-.,4.- i <272, . 111.1 . 14 ' . 3 + ..El. le. . r - 9. 4, - , 91 4111 i }0.3 \,4% Vt.4â‚¬. 4\44 0 . 1 '2\*Al, , V 4.... 1, --- 18 1 '*f \ 1 r~4,115*0114'22'Dy:X~Ir Â· 9 16 1 \ . . -Pk i '9 . 303 - \ J. Â¢ ....... Â£1 118 . ~h . . ..6 ... ./ . I ~ L.441> 6%. q.444>LAUU Â· . . 90%. OA V .. - 6 CL-#,4-Â· VA,U. UV' / P NA:,14 / 'b I -40(rh.L *+46'SkaÂ«V -0- -90- 1GyrAu 4 aNti K WA' -- 1â‚¬'A- w=**4133%PS'="~=~~~~~~~~~~=~=~-~~ fRGBetS. Z -* . 49 -2_ \ 1 Planting Notes: 1. Native Seed Mix to be used in all areas around building and iii meadow revegetation CoN OPTVAL LAN OsaDPS PLAN "4 will include: ~ # Indian Rice Grass 'Nez Par' - Achnatherum hymenoides 'Nez Par' 2 e Pe.h laul-9-4Â£. Cle.+112 -r-*GLLOC Sideoats Grama - Bouteloua curtipedula 'Pierre' la , 14 4% Sandberg Bluegrass-Poa secunda'Sherman' e / 4 / ... 91.4-LU'l"-Ek# 4-1-Ir Â·Â·P, 996,,16 1-1.7. Thickspike Wheat Grass - Elyinus lanceolatus 'San Luis' A Slender Wheatgrass - Elymus trachycalulus / 'Garnet' Mountain Brome-Bromus marginatus'Gamet' 4. 2-23 0(*-T- 08 li 1 1 Arizona Fescue - Festuea ovina 'Arriba . U M 'Arriba' Western Wheatgrass - Pascopyrum smitmi Amba' Mountain Sage - Attemesia tridentate vaseyana Il' *2'421'k~:uifliii,' Rubber Rabbit Brush - Chrysothamnus nauseosus RED BUTTE CEMETERY - 41*"ArÂ·hEr Prairie Sage - Artemesia ludviciana - Hairy Golden Aster - Chrysopsis villosa PLANNED UNIT DEVELOPMENT SUBMISSION i"- -- 4:lf itÂ»'~L 1. Fringed Sage - Artemesia frigida . ~4'= 'â€¢ri 40-Â»..., 147,0?aÂ· ' Blue Fla - Linum lewisii ASPEN PLANNING & ZONING COMMISSION ....0.- -95-- ' 19_.212 . Silver Lupine - Lupinus argenteus 00\ Rocky Mountain Penstemon - Penstemon strictus Arrowleaf Balsam Root - Balsamorhiza sagittata 20 MAY, 2009 GRAEME MEANS ARCHITECTURE Sarah Chase Shaw 210 sourn GALENA STREET #23 Landscape Architect ASPEN, COLORADO, 81611 RO. Box 912 (970) 925 9150 Ae npr, rn Rir.1 n 0 - 2, All areas around maintenance facility will require irrigation. Trees will require temporary drip irrigation for first 3 years. All other areas will require spray irrigation. 4-0 -O 1 I I ./ 13*9**MPEÂ«524.2 Â«:ikk. 6Â·;i ~ ~ E.k~245<ji<.1, 4 .1 1 1 1 1 1 /21 1 14 1 9150# /U 4 96 . 50 'lf 1 1 39 1 1 / 9. 9% 6 m -41 1 1 * 1 1 It p O Uy: i . 4 3 4 ? 2 1 V --44 1 1 1 %*A-ZA.GrMÂ» / 5&4 ibf ~ 18 6 * 306 21 1.-4 15 S L - 5.5-L," 2~ 0) 96,4 186 2 r y /1 1 C I{ 11.1'H'11 111111 lilli: E r I A 111 1 11 III '111111111'11111: L 1 11 1 1. 1 - / 1/ 1 T=Leo $24 5 UL O F r -I.. ---/1 - 44,f44:4&4*th* +*196~~-44*fzj;<~9 - C) U. 3 3-16" - -1- .A.f.:4..wb~:&4~4-~r)~:**28964-*rp471f~~::~3.442+ f, 2 - r - ...; - p/:5Â·'-> ofAÂ·49Â·5Nf.Â·~.:#f'11Â·-:~Â·Â·Â·..9.1- jitÂ·.Â·.;.-:0=Â· ai.B+B~.. ~~Â·I.:~..~.- j.~.Â·;:;Â·~i~<~j-0~ -Â·-~jÂ·**, ~ ~V.:~~'~~ Â·. ' ... '9 ~~ 'Â·.Â· Â·~~. ;Â·. :...';. ~~ ~ ~ " .. ' 2- 1 1 - t i 1,54' 29421 N Â© A.*T- 14 E_ L E. V A 1- 1 O N_ 1 100 K lee 96 K 80 14.1 1 14:'1,- 1 73 Mlf:) =P- LOOR P LA 1-1. EXTERIOR MATERIALS " 11 1. Exterior siding and roofing shall be four foot wide O 2-14-l MAL SCA-ali 3/ 16 e 1 -O . 0 0 . . . 0 cr~ rusted steel panels applied vertically. 2. R~~fascia shallbeT'xapprox 12" rough sawn wood two 111!1111111 piece fascia with brown stain to compliment metal panels. : 11 ' 0 P*-t-r . 0 . W~~ow and door trim shall be similar in narrower widths. 3. Wlo;vs and doors shall be metal clad with sta,n to match 0 0 0 0 4. Ex teri or lighting above garage door shall be Abolie brown stain as above. Standard Dome with Style A gooseneck bracket (a approved equivalent). Fixture and mounting will c,nform - to the City of Aspen Lighting Code. H! I 1 11 1.111 i 1 :1; .i :1. 111 J'!IHI !9 1 1 1 1 ~ 011{ill 1 lilli b ilqi Nillil 14 i f , ~ 11 7>~ lilli Ilif N ?11/Â·11 ifit lilli lili fl fidlil ilill!1 1%11 111 . lilli d n -*v~*#4-=~:11 11 111 1~13%~ es=-OdH' 111!111!11111 lilli E-- 1 "1' h::=Ed!=:,*xqt 0,3 3- , - ~" f'PT7#.1 I. Iii.;-1 ---- i , 1, 1 1" 111 j' 1 --4=L r- ~ flillii jiti 11 1311~31 1-*A iliVI L*,-_.â€ž__...â€ž_.__ .. ii 1,41 11 - - .FT"- -=.....-~'..-./4-.*AW 1 1 UU . ~/ E. ST- E 1- E. V A 1- 1 0 AJ S 0 1-1 -T Â»1 -e L_ E VAT- 1 0 N 1 1 - --- 2512-[Crik-JA-L- 64-2.Aâ€¢-0 1% 612-14-tuLL SCA- LE- 1/81= 1 LO l!I1iI!II1I ID emE--1- RED BUTTE CEMETERY PLANNED UNIT DEVELOPMENT SUBMISSION ASPEN PLANNING & ZONING COMMISSION 20 MAÂ¥, 2009 GRAEME MEANS ARCHITECTURE 210 SOUTH GALENA STREET #23 ASPEN,COLORADO, 81611 (970) 925 9150 KeKE - 4 9 IIi F I HAL PUD PLAT OF RECEIVED M RED BUTT E CEMETERY COMMUNITY DEVELOPMENT JUN 1 1 2012 CITY OF ASPEN A 1--50 LINE BEARING DISTANCE PURPOSE STATEMENT: TO ESTABLISH AND MEET THE REQUIREMENTS OF THE PUD DEVELOPMENT PLAN 8,"WIT~Wil,4 L/ N 12'26-11-W 4.80 AS PER SEC.26.445.070 CITY OF ASPEN ORDINANCE NO. 21 (SERIES OF 2009) 0 50 100 L 2 N 00-21-15-W 34.92 TWO FOOT CONTOURS L 3 S 4/'05 50-E 23.26 WEST MEADOW SUBDIVISION DI TCH 800K ~2A PAGE 2245 LATTA GUBSER NTROL LEGEND & NOTES LOT 7 i ~ CONDOMINT Ina FIRE HYDRANT LOT 8 EASEMENT BOOK 602 PAGE 872 7 10- HOLY CROSS ELECTRIC BLACK BIRCH ESTATRe ~ 3prE't,A7 [N85Â°15 W] 1 1 1 O FOUND SURVEY MONUMENT REBAR WITH CAP AS NOTED PLAT BOOK 7 - N 36'35'22-W RED 25947 NW ELECTRIC TRANSFORMER SNOWBUNNY SUI UTILITY POLE GAS EASME GAS REGU#,t CITY OF ASPEN GPS MONUMENT OR / SECTION CORNER AS DESCRIBED VIDED L SOLAR OBSERVATIONS AND CARRt ED )UND MONUMENTS AS SHOWN )M THE SUBDIVISION PLATS AS SHOWN 1 ELD MEASUREMENTS BETWEEN FOUND IUMENTS 1954/78 BL BRASS CAP :S WITH RED CAPS 16129 SECTION COI 4--1 t "14) ;PS MONUMENT S-159 7715.637, 1929 NVGD 1-,/ )R THE RED BUTTE CEMETERY PUD ITENANCE FACILITY-340 FEET -ORIAN CABIN-390 FEET ITENANCE FACILITY-170 FEET ORIAN CABIN-15 FEET ITENANCE FACILITY-165 FEET GAS LINE AS F ORIAN CABIN-130 FEET LO1 TY MAP STEEL 10- ou LO' , W JZ O- LL J JERSH I P AND DEDICATION ~ LOT AT RED BUTTE CEMETERY ASSOCIATION, INC., LANDS IN THE CITY OF ASPEN, PITKIN COUNTY, 3 TE EN, PITKIN COUNTY, COLORADO, MORE PARTICULARLY ONS I AND 12, TOWNSHIP 10 SOUTH, RANGE 85 EEK SUBDIVISION (PLAT BOOK 2A, PAGE 241) 0 - OF LOT 10 OF CASTLE CREEK SUBDIVISION; MEADOWS (PLAT BOOK 28, PAGE 6); THENCE N *40 15- E 84.75 FEET; THENCE N 13~01'35- W 96.62 FEET; THENCE N 01.50-20- E 114.04 FEET; THENCE N 04'08-30- W 286.13 FEET; THENCE N 16.21 15 E 305.82 FEET; THENCE LO' ITY OF ASPEN: THENCE N 01'02-20- W 102.97 FEET BIRCH ESTATES; CH ESTATES (PLAT BOOK 3, PAGE 244); THENCE N A GUBSER CONDOMINIUM (PLAT BOOK 10, PAGE FEET, MEADOW SUBDIVISION (DITCH BOOK 2A, PAGE FEET; SUBDIVISION (PLAT BOOK 2A, PAGE 229); 0 A POINT ON THE EASTERLY RIGHT-OF-WAY OF ASTERLY RIGHT-OF-WAY OF CEMETERY LANE; 0 THE P01 NT OF BEGINNING. SION OF RED BUTTE CEMETERY HEREON AND DO PUBLIC UTILITY EASEMENTS SHOWN HEREON. LO , 2012. S ACKNOWLEDGED BEFORE ME THIS 12, BY NOTARY PUBLIC CATE LOT ED UNDER THE LAWS OF THE STATE OF D SURVEYOR, HEREBY CERTIFY THAT 1 AM A MISSION OF RED BUTTE CEMETERY IS TRUE, AND PLATTED AS SHOWN HEREON; THAT THIS SURVEY OF THE LANDS SHOWN HEREON BY ME MAY OF 2012, AND ACCURATELY AND N AND HORIZONTAL AND VERTICAL DIMENSIONS , UTILITIES, IMPROVEMENTS, ENCROACHMENTS N TO ME; THAT THIS MAP MEETS THE T AS SET FORTH IN C.R.S. TITLE 38 ARTICLE 51- R OF CLOSURE IS LESS THAN 1:15,000. 25947 DATE HOR SNO' 1ENT D I RECTOR S APPROVAL BUTTE CEMETERY WAS REVIEWED AND APPROVED DEVELOPMENT DEPARTMENT OF THE CITY OF , 2012. LOT VIEW BUTTE CEMETERY WAS REVIEWED BY THE CITY IS DAY OF 2012. i C I T~~~4 MON T )VAL BUTTE CEMETERY WAS APPROVED BY THE CITY ' AND RECORDED ON 2012 AS RDINANCE NO. , SERIES OF TKIN COUNTY COLORADO. THIS FINAL PUD NAS REVIEWE6 AND APPROVED BY THE CITY DAY OF 2012. 4 R YEL Ci ERK CERTIFICATE GUTTE CEMETERY WAS ACCEPTED FOR FILING IN )ER OF PITKIN COUNTY, COLORADO AT t THIS DAY OF 4T BOOK AT PAGE AS N 85Â°34'23 CITY OF ASPEF MONUMENT NO. R -,1 0 1 LE CREEK ~\ FOUND PIPE 4//4 REBAR 046.93- -U,Ullul'111\\11111111[111414<4///7 \ LHORZ. CONTROL \ NORTH LINE CASTLE LOT 9 ~ CREEK SUBDIVISION -Iyx--4,1,/1- - - -I--- - -- 3/8-xl WOOD FENCE POST -----4-- IRON BAR W/ SPIKES & FLAGGING v -APPROVED BY THE BLM 1980 SE COR GOVERNMENT LOT I PREPARED BY \~ CASTLE CREEK SUBDIVISION DATE JOB ASPEN SURVEY ENGINEERS. INC. 210 SOUTH GALENA STREET NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL- ASPEN, COLORADO 81611 ACTION BASED UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION PHONE/FAX (970) 925-3816 BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERT I F ICAT I ON SHOWN HEREON. THE CERTIFICATION IS VOID IF NOT NET STAMPED WITH THE SEAL OF THE 5/12 30306EJA SURVEYOR. C \Ge,-al CADD 104GxdJO306EJA g*e - 06/1 1 /2012 - 10 SS AM -- Sealâ€¢ 1 600 0000 SNOWBUNNY S ION DITCH LOWS :RA Ma . ..0 0. . . . 0 0 1. = .. 1 . 5 . . .:6 . 0 0 :EE: Â· 1 4 0 .0 . . -,1 ... 0 , 0 0 . 0 1 0. 1 1 0 0 .. . 1 0 .. . 1 1 I ..0 . ./ . 0.1 .1 .. - - .11. . .., .. . . 0 0 I . ... 0 - IlllIMPE)#L -...â€¢â€¢â€¢09"~:ailifililifililii,jiliii 00 V /1,62/ /Jit'.11:,7~~1 1 0 , D ID D , 4 , IiI:fill ~ 4 J 1, .4 , . ... , .1 0 . 1 0 : 4/11 0 0 0 ... I. I. 0 ... . D..0 1 0.0 . 14,/ 1.' .. I . 1 ... 0, i . I , 1 f / 'SÂ¥ . I.~ ./ 51 . : gic .livily 4 :: .. r- 1 /30 4 0 lili, I . .0 . Â¥ 4 . A 00 : A 1 /:/ 0 0 I 0 1 0 . . 1 .:1 10 . 1 .: m VA. . 0. .. . ..0 . .. 9 . I .1 0 . 0 0 .0 3 0,1 ; 3. .1 D.0 . 1. I 0 . . 1. I .C ' .,. 0. :: .liD . I .. : . : '10 : 0: i L -1 1 1 C [ \ 1 111 1.4 j 10 0 f - 0 - : 2- ..... ... I : .. .: 11 0 . . . 0 4 . , 0 ; ., t. . . 0 0 I . 0.0. 0. Â£ .4 4 . ./ Fl a , ,.. -Ii# rf .0, D . 0 I. I Z ..1 0 1 . 0. : . ... 1 1. DO : 0 1 1. 0 . . 1 0 I . D . 1 , 1 0. 0 . . . 0 1 . . 0 0 1 1 ..0 0 . 0 , 0 .0 . . . I 0 1 0. 0 . 0 D. ... e. 1. 0 . 1. . .1 . I. . .1 : .... .. 0 . .. I . 1.2 1. . .D:., ....0 . .. 0 0 . .:0 10 1 : 4. D I ...0 1, 0 0 0 . I I ..... ..:... I. .1 0 .. . 4 .0 . D . , D 0.1 . 0 0 . 0. 0 0 1 1 1 . ... . D .1. . . # f 11)1"> - RECEIVED JUN 11 2012 \ CITY OF ASPEN COMMUNITY DEVELOPMENT j 1 A 4 i~ ~lt 0 ~ &1 11 1 0% 1 el -- -7=1 it E-1 I Â£ C In- r- 0 r ko P mil < 1 1 -U I 11 L 1 1 1 \L Il 1 ~ 11 , r, 11 - 1 - - Ill 0 0 111 Na r 11 I Iii IlL 14-3 > 111 4 1 1 4 -1 1 , 0 1 z F It 1 7 11' ' tb L.1- [27 -e- . â€ž E-L = 36 -O E u a o N... St-4 13 15- - = 6 l, 1- 6,1 11 1 1 1 f / | ~ SALL -LC - 4 Li f L ..Gla- r r â‚¬ El I i f 0 11% 9 1 P )3 j 1 0 0 /6 P 1 61 I - â‚¬ 4 2 46 11 1/ T fi - 11 + >1 L ,3 (.Â· 3 /7 v i 1 le 11 ~1 1 - 4 d m \ ~J r ,+1 0 F (18 \ > Fri 4 : 1 1 - , t,l 6 i f M , M 4. L ill / C -, j -1. 1 ; 7 1 5 3 1 r - 9-1-2 *n 31 r I -r r- 8 E LLI 1 0 1 < :4 FET R I 11- l 1 r U 1,4 K = Il i 11 11 Z \ 1 1 f 1 0 4- SE-P-7 il F- E- R.-1-1 1-7 1 1-1 6 *r 12- RED BUTTE CEMETERY GRAEME D MEANS ARCHITECTURE MAINTENANCE BUILDING 210 SOUTH GALENA STREET #23 IL/ELEVATIOINA DATE 808 FEAIETERY LANE. ASPEN. Â«)1.ORADO \41'EN. C 01 .ORAI)0.8161 1 970 925 9150 -r ~1 1 F7O9 (4044 ~ 1 r.11 , 4,4 it 44 4,04 t* 4- 141 -Â° de_ Le"+01 1 - - -6 ARA -1131% A --- - 20 E 0 ;2 FEET; oF DITCH 80 WITH CAP AS NOTED OTES LOT 7 'NTROL N 36'35-22-W FIRE HYDRANT RED 25947 NW SNOWBUNNY SUE ELECTRIC TRANSFORMER - UTILITY POLE NATURAL GA EASEMENTA CITY OF ASPEN GPS MONUMENT OR SEE REGEP SECTION CORNER AS DESCRIBED NO. 58389( GAÂ§/REGUU VIDED L( )M THE SUBDIVISION PLATS AS SHOWN - 1 ELD MEASUREMENTS BETWEEN FOUND 1954/78 BLA 4UMENTS BRASS CAP ?S WITH RED CAPS I6129 SECTION COI 3PS MONUMENT S-159 7715.637, 1929 NVGD )R THE RED BUTTE CEMETERY PUD 4-nftÂ· ITENANCE FACILITY-340 FEET (WEST YARD) FORIAN CABIN-390 FEET (WEST YARD) ITENANCE FACILITY- I 70 FEET (NORTH YARD) [ORIAN CABIN-15 FEET (SOUTH YARD) ITENANCE FACILITY-165 FEET (EAST YARD) GAS LINE AS F FORIAN CABIN-130 FEET (EAST YARD) TY MAP LO1 STEEL I 10- ou El ~ LO' 1 AERSH I P AND DEDICATION LOT AT RED BUTTE CEMETERY ASSOCIATION, INC., LANDS IN THE CITY OF ASPEN, PITKIN COUNTY, ONS I AND 12, TOWNSHIP 10 SOUTH, RANGE 85 EN, PITKIN COUNTY, COLORADO, MORE PARTICULARLY EEK SUBDIVISION (PLAT BOOK ZA, PAGE 241) OF LOT 10 OF: CASTLE CREEK SUBDIVISION; 0 MEADOWS (PLAT BOOK 28, PAGE 6); THENCE N '40 15- E 84.75 FEET, THENCE N 13-01-35- W 96,62 FEET; THENCE N 01.50.20- E 114,04 FEET; THENCE N 04'08-30- W 286.13 FEET; THENCE N 16.21.15- E 305.82 FEET; THENCE LO' ITY OF ASPEN: THENCE N 01'02-20- W 102.97 FEET BIRCH ESTATES; CH ESTATES (PLAT BOOK 3, PAGE 244); THENCE N A GUBSER CONDOMINIUM (PLAT BOOK 10, PAGE FEET; MEADOW SUBDIVISION (DITCH BOOK 2A, PAGE FEET; SUBDIVISION (PLAT BOOK 2A, PAGE 229); 0 A POINT ON THE EASTERLY RIGHT-OF-WAY OF ASTERLY RIGHT-OF-WAY OF CEMETERY LANE; 0 THE POINT OF BEGINNING. SION OF RED BUTTE CEMETERY HEREON AND DO PUBLIC UTILITY EASEMENTS SHOWN HEREON. LO , 2012. F -- S ACKNOWLEDGED BEFORE ME THIS 12, BY NOTARY PUBLIC GATE LOT D SURVEYOR, HEREBY CERTIFY THAT I AM A ED UNDER THE LAWS OF THE STATE OF MISSION OF RED BUTTE CEMETERY IS TRUE, AND PLATTED AS SHOWN HEREON, THAT THIS SURVEY OF THE LANDS SHOWN HEREON BY ME MAY OF 2012, AND ACCURATELY AND N AND HORIZONTAL AND VERTICAL DIMENSIONS , UTILITIES, IMPROVEMENTS, ENCROACHMENTS N TO ME, THAT THIS MAP MEETS THE T AS SET FORTH IN C.R.S. TITLE 38 ARTICLE 51- R OF CLOSURE IS LESS THAN 1:15,000. 25947 DATE HOR; SNOV 1ENT DIRECTOR ' S APPROVAL. BUTTE CEMETERY WAS REVIEWED AND APPROVED DEVELOPMENT DEPARTMENT OF THE CITY OF , 2012. LOT ~ VIEW BUTTE CEMETERY WAS REVIEWED BY THE CITY IS DAY OF , 2012. CITY OF/K' MONUMERT )VAL BUTTE CEMETERY WAS APPROVED BY THE CITY RDINANCE NO. 21, SERIES OF 2009, RECORDED ON DECEMBER 1, 2009, AS TY, COLORADO. THIS FINAL PUD WAS REVIEWED AND APPROVED BY THE CITY DAY OF , 2012. f 02~ YEL CA R LERK 1 CERTIFICATE BUTTE CEMETERY WAS ACCEPTED FOR FILING IN DER OF PITKIN COUNTY, COLORADO AT THIS DAY OF AT BOOK AT PAGE AS 115 to â‚¬ N 85Â°34 23 CITY OF ASPEN MONUMENT NO . pr-711 'n ' 1 11* f F RED 25947 -L--7 \AtlvEMENT --- - ~ VICTORIAN CAB IN-ifjoll" /4>02.* AbÂ· -0 2 k Â»i~'1111 '/)1 3*0~-73%13 41 - CASTLE CREEK 546.93 --1 -----L.L.1 / /O \\ FOUND PIPE - 4/ j 4 REBAR ILHORZ CONTROL \ NORTH LINE CASTLE LOT 9 WOOD FENCE POST 4-El IRON BAR ENTRY-/ - 0 J CREEK SUBDIVISION 7 -- -..-- -- ----- - 3/8-xi le( i W/ SPIKES & FLAGGING APPROVED BY THE BLM 1980 SE COR GOVERNMENT LOT I CASTLE CREEK SUBDIVISION DATE JOB PREPARED BY ASPEN SURVEY ENGINEERS, INC 210 SOUTH GALENA STREET NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ASPEN, COLORADO 81611 ACTION BASED UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION PHONE/FAX (970) 925-3816 BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. THE CERTIFICATION IS VOID IF NOT WET STAMPED WITH THE SEAL OF THE 6/12 30306EJA SURVEYOR. 05*ne+CADC>'Ok;Kd,303066/Ag,c -06/2W2012 Â· 11 13 AM - Sc,Keâ€¢ 5000000 IRRI TION DITCH LLOWS SNOWBUNNY S W~ST PROPERTY ~~NE fe Ob i \... 1 I ~A L A r 1, * I PLAT .F KE* ;UTTE C EAT ET El~ Y .....1 0 ...... 0 .. ... 0 0. I. . 1 .:1 0 0 0 : . . . .: . ...0 0 0. ... . I :, 0 . . D. I . I . 0 . .0 . . . 0 0 -- 1 .0 .0 . . 1 I. ./ .1 0 . 0 . . 0 I 0 1 0 ; 0:01,0 : 0 . 1 0 1 0 . 0 1 . . 1 .1 1 0. I ... ... : : :. I :0. . 1. .. . 'D. : : . 0 10 . . . 0 I .:. 1,0 : Do . D . 2 0 : .: :D . :00 I . 00 0 ... . 0 0 . 0:ID'. : . . . 0 I " , 0 . 0 .0 1 : D . W . ..0 0 : 1 ... 0 ... 1. I .. ... 00 0 . 0 . 0 0 0. D . 0 0 .0 \C .\ .. . .0 ; , 1 't .. 1/1 % 11 . 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L = 6 4,1- 0,1 1 1 1 1,6- < 3 - b 5.- 4450.-T B |4 -O 1. 1 CONG- 61.4.-b-r, 01Â©OF:pu,14 I 2 Iii f Il 11 f 11 1 1 U 1 93 ''~ 5 apt r lf(kr B 3 A iii 11 - 61 FI ?1 E 1 *~15AY~ 110 li< P 1 911 r> -1 1 -7 1 1 ir -11 1 T U lurl -- li v - 0[-0 1 ~ 3 I w â‚¬ f E=h= 53 2'1 Z Frl C t. 1 3 2 6 01 - -0 F <4 VT 3 h. -1 A (, A ~ 1 Â¢ il f r EX F Z v {00 /31 n ,1 2 F= . 1/1 /5 - Irt L # 1 -i- T f __ ' A tt A r < I R 'D ;t --=1 0 96 - 1 le F ~ 2 4% L F -1 -- -6:a & I ; 1 #i Ft t-11 : -a. ' . ~2 --774- r --f r D 1 < - 1 + o. I 9-n 1 -1 . 1 Iii 0 - o di Z IA R\\-\ 1-1 6 4- S FE #-r i 3 P E- 2-1-1 1-T- 1 t.14-7 11 RED BUTTE CEMETERY GRAEME D MEANS ARCHITECTURE A.6 ELEVATIOINS DATE 808 CEMETERY LANE, ASPEN, COLORADO ASPEN. COLORADO, 81611 970 925 9150 MAINTENANCE BUILDING 210 SOUTH GALENA STREET #23 I , THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0030.2009.ASLU PARCEL ID NUMBER 273512200851 PROJECTS ADDRESS 808 CEMETERTY LANE PLANNER DREW AL*XANDER CASE DESCRIPTION GMQS EXEMPT/FINAL PUD REPRESENTATIVE ALAN RICHMOND DATE OF FINAL ACTION 11/17/2009 CLOSED BY Angela Scorey on 12/10/2009 'Brett ID *02+35 12200 551 12;i Permits DIe [dit Eecord Navigate FArm Reports Format Iab tle]P i @ xe â€¢X * e -31 2 . 41 69 -3 :L O .. ]4 4 2 W m *1 8&6 lump 1 21*. O 6. 2Â«] u W 5 u ..i' J. 62 0 2. 8- LMain- CuLm Fields Feel~, SummarM ~aluation Actions Routingoistory Conditions- Parcels 1 8 Sub permits 1_- ~ Permit Type -~" ~ Permit # ~0030,2009.ASLU Address |808 CEMETERY LN -@ Apt/Suite ~ City |AS PE N State 'CO 3 zip I81611 ~ Permit Information Master Permit | Routing Queue |aslu07 Applied |05/22/2009 -~ Prolect ~ 1~ Status Ipending Approved | Zi Description ~GMQS EXEMPTION, CONDITIONAL USE, AND FINAL PUD FOR RED BUTTE Issued 1 121 CEMETERY Final 1 -1 Submitted [ALAN RICHMAN 920-1125 Clock [EIRning- Days 1--6- Expires ~05/17/2010 El Owner -- - Last Name ~RED BUTTE CEMETERY A55( ~ First Name | IPO BOX 194 ~ASPEN CO 81611 Phone |{970] 429-0783 12 Owner Is Applicant? Applicant -Â·- Â· Last Name |RED BUTTE CEMETERY A55( Â£~ First Name | P0 B0X 194 ASPEN CO 81611 Phone |[970) 429-0783 Cust # ~28574 7 - Lender Last Name ~ Â£| First Name ~ Phone ~ AspenGold[b] 41Â©~ 3 . r 09 iup *CRM- 149 0/1 210 sa~ON 10!no i xoqloolw U sdnoi9 1 / asku RECEPTION#: 565072,12/07/2009 at 03:43:34 PM, RECEPTION#: 564852, 12/01/2009 at 1 OF 9, R $46.00 Doc Code ORDINANCE 10:52128 AM- . ././.... Janice K. Vos Caudill, Pitkin County, CO 1 OF ~4 $36.00 Doc Code ORDINANCE) linance No. 21 Janice K. Vos Caudill, Pitkin County, CO RIES OF 2009) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING CONSOLIDATED PUD REVIEW, AMMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP, AND GROWTH MANAGEMENT REVIEW FOR AND ESSENTIAL PUBLIC FACILITY FOR THE RED BUTTE CEMETERY, LOCATED AT 808 CEMETERY LANE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-12-2-00-851 WHEREAS, the City of Aspen Historic Preservation Commission reviewed a Major Development (Conceptual) application from the Applicant, Red Butte Cemetery Association, represented by Alan Richman Planning Services and Graeme Means, Architect, for the construction of a new maintenance building at Red Butte Cemetery, located at 808 Cemetery Lane, a parcel of land located in Sections 1 and 12, Township 10 South, Range 85 West of the 6111 P.m,, City and Townsite of Aspen; and, WHEREAS, at their regular meeting on December 10,2008 (after opening and continuing the public hearing on this matter on January 9,2008, February 27,2008, and June 11, 2008) the Historic Preservation Commission considered the application, found the application was consistent with the review standards and "City' of Aspen Historic Preservation Design Guidelines" and approved the application with conditions by a vote of 5 to 0 under Resolution No. 30, Series of 2008; and, WHEREAS, the Applicant held a pre-application conference with Community Development staff; and, WHEREAS, the Applicant submitted an application for Conditional Use Review, Consolidated PUD Review, Amendment to the Official Zone District Map, and Growth Management for Essential Public Facilities; and, WHEREAS, a Development Review Committee (DRC) meeting was held with the Applicant on June, 24'h 2009 and comments and recommendations were gathered from the City of Aspen Parks, Engineering, and Building departments, along with comments from the Aspen Consolidated Sanitation District; and, WHEREAS, the approval recommendations from the referral departments have been added to this ordinance; and, WHEREAS, a publicly noticed site visit was held on July 151 2009; and, WHEREAS, prior to applying for Consolidated PUD, Amendment to the Official Zone District map, and Growth Management for an Essential Public Facility approval the Applicant received Conditional the approval and recommendations for Consolidated Ordinance No 21, Series 2009 Page 1 0 f 7 PUD, Amendment to the Official Zone District map, and Growth Management for an Essential Public Facility approval from the Planning and Zoning Commission for a maintenance facility of 1,280 sq. ft, and restoration of a Victorian-era cabin and outhouse via Resolution No. 11, Series of 2009; and, WHEREAS, once the land use approvals and recommendation of approval were granted by the Planning and Zoning Commission, the Applicant requested Consolidated PUD, Amendment to the Official Zone District map, and Growth Management for an Essential Public Facility approval of the City Council: and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed requests; and, WHEREAS, during a duly noticed public hearing on October 26% the City Council took public testimony, considered pertinent recommendations from the Community Development Director, referral agencies, Planning and Zoning Commission, and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all the applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this ordinance furthers and is necessary for the promotion of public health, safety, and wel fare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves Consolidated PUD Review, Amendment to the Official Zone District Map, and Growth Management Review for an Essential Public Facility to City Council, based on the following conditions, a) The Red Butte Cemetery Association shall develop an ongoing management strategy in coordination with the City of Aspen Parks Department for the vegetation on site, specifically the cottonwoods. This applies both to existing conditions on the southern portion of the property and the planned expansion northward. The expansion should be generally consistent with the existing character and pattern of the vegetation and grid system found in the southern portion of the cemetery. Ordinance No 21, Series 2009 Page 2 of 7 b) Storage of heavy equipment shall be within the activity envelope displayed on the site plan. This shall not apply to any easement agreements on the cemetery that provide for equipment to work on the property. c) Heavy equipment or trucks with diesel engines shall be plugged in for engine heal for at least 12 hours prior to starting during winter months when temperatures are below 40 degrees Fahrenheit. d) A five foot setback from the top of bank (as marked on survey by Aspen Survey Engineers) shall be provided for all development within the Activity Envelope except for that area of approximately 35 feet adjacent to the spoils cribs as indicated on the Activity Envelope Plan. 1n the area of this exclusion, there shall be a boulder retaining wall to protect the edge of bank similar to that shown in Exhibit A. e) The number of employees generated is determined to be one (1) for the existing use, An employee audit by the Red Butte Cemetery Association shall occur no later than two (2) years after a Certificate of Occupancy has been issued. f) The maintenance facility shall not be used as a living unit or as a place to sleep overnight. g) Operation of the maintenance facility shall coincide with daylight hours, excluding emergencies and work undertaken by beneficiaries of any easements upon the cemetery property. h) The use of the maintenance facility and work yard shall be limited solely for cemetery operations, i) Prior to submitting an application for a building permit, the Applicant shall record the final PUD plan, including a site plan and architectural elevations of the proposed development. The Applicant does not plan to file an agreement with the City of Aspen. Section 2: Building Permit Application The building permit application shall include the following: a) A copy of the final recorded Ordinance. b) The conditions of approval printed on the cover page of the building permit set. c) If required, a drainage plan, including an erosion control plan prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction, Stormwater from impervious surfaces shall be detained on site. Ordinance No 21, Series 2009 Page 3 0 f 7 d) As applicable, an excavation stabilization plan, construction management plan (CMP), top of bank and stability of hillside plan, tree protection plan and drainage and soils reports pursuant to the Building Department's requirements. The requirement for a tree protection plan is intended to solely address any trees and their drip line areas that would be affected by construction activities, including protection (such as designated construction routes and temporary fencing) that will be necessary to minimize.the impacts on existing trees from construction traffic. The tree protection plan is in no way intended to limit regular cemetery operations, including burial activities and normal traffic associated with the operation of the cemetery. e) As applicable, a fugitive dust control plan to be reviewed and approved by the Environmental Health Department. f) As applicable, a detailed excavation plan that utilizes vertical soil stabilization techniques, or other techniques, if appropriate and acceptable, for review and approval by the City Engineer. g) Accessibility and ADA requirements shall be addressed to satisfactorily meet adopted building codes. Section 3: Dimensional Requirements Any development on the site shall adhere to the dimensional requirements established in the adopted PUD. 1 he Council adopts the following standards TABLE 1 DIMENSIONAL REQUIREMENTS FOR THE RED BUTTE CEMETERY PUD* Requirement Proposed Conditions Minimum Lot Size 16.8 acres Minimum Lot Area Per Dwelling Unit Not applicable. Minimum Lot Width The cemetery is a minimum of 1,275 feet wide. Minimum Front Yard Maintenance facility: 340 feet The Victorian cabin: 390 feet Minimum Side Yard Maintenance facility: 170 feet Victorian cabin: 15 feet Minimum Rear Yard Maintenance facility: 165 feet Victorian cabin: 130 feet Maximum Height Maintenance facility: A maximum of 20 feet tothe peak of the roof. ~ Minimum Distance Between Buildings on Victorian cabin: will have a minimum of 10' from the the Lot outhouse. Ordinance No 21, Series 2009 Page 4 of 7 (Table 1 Continued) Minimum Percent of Open Space A minimum of 95% of the site Maximum External Floor Area Ratio Maintenance building: 1,300 sq, ft. of floor area. Victorian cabin and outhouse: combined maximum of 275 sq. ft. of floor area. Notes: See Exhibit 2 which identifies which property boundaries are the front, side and rear yards. Setbacks are measured from building facades, not the envelopes. * Dimensional requirements shall also be memorialized through site plan and elevations and take precedence over TABLE if there are any differences. Section 4: Engineering Building permit submission shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation published by the engineering department. Section 5: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Firc Code (IFC),2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (1FC, as amended, Settion 903 and 907) Section 6: Water Department Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Section 7: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. The ACSD also requests that both options for connecting available sewer lines to the maintenance facility be shown on the proposed plans. Section 8: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting for both Residential and Non-residential lighting standards. If there is a conflict between the two regulations, the more restrictive shall apply. Section 9: Vested Property Rights Extension This approval grants an extended period of vested property rights by two (2) years, thus allotting a total of tive (5) years for the site specific development plan. A condition of this extension requires that within one (1) year of the date of issuance of a building permit for construction of the maintenance facility, the applicant shall have substantially completed the construction of the facility and shall have requested the issuance of a certificate of occupancy for the facility from the City. Associated landscaping and site Ordinance No 21, Series 2009 Page 5 of 7 work within the designated activity envelope shall be substantially completed no later than the next planting season after completion of construction. Section 10: The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of final development approval as required under Section 26.304.070(A) ofthis Chapter, Section 11: Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. Section 12: The establishment of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all propeMy subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this development approval, the applicant shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing by the city. Section 13: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 14: This ordinance 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 15: If any section, subsection, sentence, clause, phrase, or portion of this ordinance 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 ofthe remaining portions thereof, INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 9th day of November, 2009, Ordinance No 21, Series 2009 Page 6 of 7 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 9th day of November, 2009. Attest: -fÂ«- Â»4Â«_ Alk&*f Kathryn S. ~0, City Cle;k Michael C. M-elanil, Ma~ 9% FINALLY, adopted, passed and approved this / day of / L.#EA#?t-#Â·%21)09. Attest: Â»4-0Â» Kathryn **ochyity Clerk Michael C. Reland, Mayy U Approved as to form: il.4 ]1/Vocits+EE; -. $ ./VI <L-(Stty Attorney List of Exhibits Exhibit 1: Diagram of Barrier Wall Exhibit 2: Site plan Ordinance No 21, Series 2009 Page 7 of 7 A-frru> A /8 4 SOU-1-DEL 1564 15(LL-t--11>"11 lu - 67 6.-(ZA-4 0- Â·rm. Da#t WAL,-1 - D f=rbil- Tb all FogÂ·--1 F<;/ FILIA-L. 1Â£94.1 kiE-FUL,5.0 DRIAN-4- FLA.-4 * -- 1 -- - .--i- -*-- 1-*- - / 1 EL. 4 31 -6 " \ 1 ki N / - i t.-LE>â€¢., 4-Â·tz,=o E:E- e- \'u' C~ 9.*L Y.~=--12--D HIE-w <NZ.A-~Fe,- NA/62*>112.D E- w = 4 3 5--8 ~-\\- Ek/S-TRLÂ»Â·-4-2-"=- 619-0- 6,0.14-40.2- - -TO 2Â£â€¢11-,H- GrR*pr- u 16 [>ukeâ‚¬-S P E-1-1-! L 5 fED+E- e F 64â€¢-1 k 5 (5-0- 1>12.0 [Â°4503 511-li PLA--6-1 4802_ La:-,=rlob.4 12-#D 8,17Â·1 CE-11 c-rE-â‚¬.7 FXHIC,1- .~ 41Â·,Rer 11, LOTÂ· I uwooMDWIUM . L .... 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P v Ip I 49 ~; ~ w-%*-E fÂ»â€¢aCD OW " "" 1 4/"4 RED bUTTE CEMEJERÂ¥ S I'l,ANNED [INrr VEYEW/MENTRUBMâ„¢SloN ASPEN /LAN:ONG & IONUNG COMMISS,ON it.*ovrn#'*.,~*r,f.r-r.I 1 4,&&/,Abn.rn' r 5,DE-- W J.cm Â©1 0 1 4/1 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: , Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) 1, (name, please print) A*otelA being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that 1 have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: 4 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 no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. 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 no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. *, W - - .-- Signature 0:f- The foregoing "Affidavit of Notice" was acknowledged before me this24 day of M O,1 e.,kxf- , 2001, by .A61407 fr (34 -e~_~ -0, WITNESS MY HAND AND OFFICIAL SEAL PUBUGNOTICE DEVELOPMENTAPPROVAL I Notice is hereby given to the general public ofÂ£~de I approval of a site specific development plan, J the creation of a vested property right pursuant to 1 the Land Use Code of the City of Aspen and Title I My commission exloires: Â£~~ 6~ 4 JO I 0 24, Article 68, Colorado Revised Statutes, | pertaining to the following legally described property' Section 1 and 12, Township 10 South, Range 85 West of 6th P.M. City and Townsite of I Aspen. parcel ID No. 273512200851, Aspen, 1 Colorado 81611, the properly commonly known as I 808 Cemetery Lane, Red Butte Cemetery by order I Notary Public 4 4 44 of the City 01 Aspen City Council on November 9, I 2009. The Applicant received approval tor 1 Consolidated PUD, Amendment to the Official 1 Zone District Map, and Growth Management for an Essential Public Facility. The approvals were I granted for the proposed maintenance facility and restoration of the Victorian-era cabin. For further I ATTACHMENTS: '~'' -Â·ci information contact Drew Alexander, at the City of Aspen Community Development Dept. 130 S. i Galena St, Aspen, Colorado (970) 429-2739. ~ f CORY J. 1 on COPY OF THE PUBLICATION i GARSKE j toe. :4 Published in The Aspen Times Weekly November 22,2009. [4305246] OF COOP My Commiss,un Expires 05/09/2012 --72-!r U 4 x -pp iequesIs mar Ueermirecognize thal USS*wer@ 1 3 with no need for an augmentation plan. APPLICATION toaring Fork River and Colorado River in SE 1,4 NW 4 sec . \ eli Well and Ememann Well as located above 'in the amt ot ~ L ' IFIED THAT YOU HAVE until the last day of DECEN l Â¢ , n setting forth facts as to why this application shoi ,nditions. A copy of such statement of opposition ~ i an affidavit or certificate of such service shall be f 158.00) KATHY HALL, Water Clerk, Water Division R.S., Â§37-92-302, AS AMENDED, YOU ARE NOTIFIE ICATIONS AND AMENDED APPLICATIONS FILED W OF OCTOBER 2009. RK RIVER TRIBUTARY TO COLORADO RIVER. PITI !1656 with copies of all pleadings and correspondence 1 VIENDED APPLICATION FOR DIRECT FLOW WATEF NGE AND PLAN FOR AUGMENTATION. The Applical nsumptive use associated with the beneficial use relat, revised the estimated evaporation losses and expects i has been filed with the Amended Application. The lawi :ated in the W-1/2 SW-1/4 NW-1/4 SW-1 /4, Section 28 tal Application are requested. IFIED THAT YOU HAVE until the last day of DECEN i setting forth facts as to why this application shol iditions. A copy of such statement of annact,ine DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter 'Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010. +Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested properly 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 Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Red Butte Cemetery Association, P.O. Box 194, Aspen, CO 81611 Property Owner's Name, Mailing Address Section 1 and 12, Township 10 South, Range 85 West of 6t]1 P.M., City and Townsite of Aspen. 808 Cemetery Lane Legal Description and Street Address of Subject Property Approval of a park maintenance facility of approx. 1,280 sq. ft. with adiacent work yard and restoration of the Victorian-era cabin an outhouse. Written Description ofthe Site Specific Plan and/or Attachment Describing Plan Approval by the City of Aspen City Council for Consolidated PUD, Amendment to the Official Zone District Map, and Growth Management for an Essential Public Facility under Ordinance No. 21, Series of 2009, approved November 9,2009. Approval by the City of Aspen Planning and Zoning Commission for Conditional Use under Resolution No. 11. Series of 2009, approved July 21,2009 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) November 22,2009 Effective Date of Development Order (Same as date of publication of notice of approval.) November 23,2012 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 thiA 17th~h dav of November, 2009, by the City of Aspen Community Development Director. E->*06 Chris Bendon, Community Development Director 'Mmic, P195 MEMORANDUM TO: City of Aspen City Council THRU: Chris Bendon, Community Development Director 8441 FROM: Drew Alexander, Planner Technician RE: Red Butte Cemetery (808 Cemetery Lane) -Consolidated PUD Review, Map Amendment and Growth Management Review for Essential Public Facilities - Ordinance No. 21, Series 2009 - Second Reading MEETING DATE: November 9,2009 APPLICANT /OWNER: STAFF RECOMMENDATION: Red Butte Cemetery Association Staff recommends approval of the site specific development plan with conditions. REPRESENTATIVE: Alan Richman Planning Services LOCATION: Photo of the subject location F , ..Bi LA:,illf-~10'dpin Sections 1 and 12, Township 10 South, Range 85 West of 6th P.M., City and Townsite of Aspen, 808 Cemetery Lane ...#.1961,1 .-.4&:r.*â‚¬'~4496'fts/StiVMEN/jal CURRENT ZONING & USE Located in the Park (P) zone district with a ~ historic overlay. -Il.j 9 2- PROPOSED LAND USE: 'Â·-0 4 2.- A The creation of a PUD overlay that would - retain the original land use and underlying zone district of Park (P). I.'I_ u r- 10*7 7 SUMMARY: 6.=. The Applicant requests of the City Council ..82* ,- ?1 approval of Consolidated PUD Review, Amendment to the Official Zone District 0/3/'ll/9/14#66. -#Th#d Map, and Growth Management Review ~ request: Essential Public Facilities i.-3.eff.L 1 64/7.-AN/f' 90~44-4 - kÂ·:=z Â·Â·ir P198 BACKGROUND: The Red Butte Cemetery was founded at the turn of the century, primarily under the guidance of several lodges in Aspen, including the Masons, Woodmen of the World, Elks, Swedish Lodge, and the Columbine Circle. These groups joined to purchase 17 acres of land from a Mr. Henry Wurtz to create the cemetery. The Eagles, another lodge, also joined the group at a later date. The layout of the Red Butte Cemetery Â·~42Â£US- & 2. 14 * 135/3 79/ i. k'Â· ' .tk f Â« u is considerably different from other . 24%/ T L I â‚¬.< cemeteries in town, such as the Aspen r . 11323..''R.ki . ~. , Grove and Ute cemeteries. The arched , % -13.,1 .....rÂ» . 4 iron entryway leads to a series of broad . . jec. 1. u walks and gravel drives (running - . east/west and north/south) that create a . well organized grid of burial plots. fÂ·: Many of the founding lodges have ~ , sections of the cemetery dedicated to 3 I#e- . * r I their members and many prominent ' citizens of Aspen' s past have been L.. t . placed in the cemetery. One of the gÂ¢2334>493(1.-- =.i:Of - 3 - .....1 -:--- :..i.Â·4:442:TEMIE.*5*3 prominent features of the cemetery is f*99.-.1~~.'(U~fa'-*f.~----- --_iI:/.3-1.--~.----l-'4Â· 1:-:....9.-f=22~65Â£~~~~-~~~L~ the cottonwood trees that line the broad afâ‚¬*-Â·,6/ ,-4-kE,ff.'652';2 ~Â·-4:.- :aâ‚¬Â·c.-'7>*/-â‚¬- .--- .-'{ ~4 -Â·.11'7 .---Â»1Â·--DPO--91â‚¬~9 walks and drives on the southern portion Figure 1: Cottonwoods lining the cemetery walks of the cemetery ground. To the north, beyond the existing plots, the cemetery turns into sage meadow. The cemetery is bound on the c east by a slope that leads to Castle Creek. As it exists today, the Red Butte Cemetery Association is still a non-profit volunteer organization and is no longer associated with any of the founding lodges. However, the Elks and Eagles lodges still hold plots in the cemetery for their members and recently the Jewish community has been working with the association for dedicated plots. Currently, there is only one employee for the cemetery that works on a part-time basis and many o f the Red Butte Cemetery associates and volunteers have family members in the cemetery. 1 It has been the long-time goal of the Red Butte Cemetery Association to stay dedicated to the upkeep of the property and to avoid the need for government funding. The association feels the proposed project, described below, will provide the appropriate facilities to achieve these goals. LAND USE REOUESTS AND REVIEW PROCEDURES: The Applicant is requesting following land use requests will be reviewed and acted upon by City Council: 1 Sidhu, Vinita. Report on the Conditions ofthe Cemeteries of the City of Aspen with Recommendations for Improvements. City of Aspen, Community Development Department. 1996 { -2- P197 â€¢ Consolidated PUD Review pursuant to Land Use Code Section 26.445.030.B.2. This is a two-step process (Citv Council is the final review authority after considering all recommendations by the Planning and Zoning Commission). â€¢ Amendment to the Official Zone District Map for the purpose of establishing a PUD, pursuant to Land Use Code Section 26.310 This is a two-step process (City Council is the final review authority after considering all recommendations by the Planning and Zoning Commission). â€¢ Growth Management Review for Essential Public Facilities pursuant to Land Use Code Section 26.470.090.4 (Citv Council is the final review authority after considering all recommendations by the Planning and Zoning Commission). PROJECT SUMMARY: The Applicant, Red Butte Cemetery Association, has requested approval to construct a permanent 1,280 sq. ft. (40' x 32') maintenance facility. The maintenance facility would act as a work yard and storage structure for the vehicles and equipment the cemetery requires for regular maintenance, including a pick-up truck, skid loader, four-wheeler and trailer, large riding mower, motorized weed eaters, and various other hand tools. This new maintenance facility would consolidate the cemetery maintenance functions to one location in the area of the current temporary fabric storage shed. This maintenance area would also include cribs that would store the spoils piles from the excavation of burial plots at the cemetery. These cribs will be excavated below grade and shielded to limit visibility of the spoils piles which are currently visible from the surrounding neighborhoods. This application was submitted on May 2211 of 2009. The application was heard by the Planning and Zoning Commission in July of the same year. As a result of the hearing conducted by the Planning and Zoning Commission, Resolution No. 11 (Series of 2009) was passed by a six to zero (6-0) vote (Exhibit B). The Planning and Zoning Commission' s resolution approved Consolidated Use review and made recommendations for Consolidated PUD, Amendment to the Official Zone District Map, and Growth Management Review for an Essential Public Facility approval. The recommendations provided during the hearing on July 21,2009, have been included in the attached ordinance. Prior to submitting this application, the proposal received conceptual HPC approval on December 1 0th, 2008 under Resolution No. 20, Series of 2008 by a vote of 5 - 0. -3- - P198 Table 1: Dimensional Requirements for PUD: TABLE 1 DIMENSIONAL REQUIREMENTS FOR THE RED BUTTE CEMETERY PUD* Requirement Proposed Conditions Minimum Lot Size The cemetery is 16.8 acres in size. Minimum Lot Area Per Dwelling Unit Not applicable. Minimum Lot Width Tile cemetery is a minimum of 1,275 feet wide. Minimum Front Yard The maintenance facility will be a minimum of 340 feet from the front property line. The Victorian cabin will be a minimum of 390 feet from the front property line. Minimum Side Yard The maintenance facility will be a minimum of 170 feet from the side property line. The Victorian cabin will be a minimum of 15' from the side property line. Minimum Rear Yard The maintenance facility will be a minimum of 165 feet from the rear property line. The Victorian cabin and the outhouse will be a minimum of 130 feet from the rear property line. Maximum Height The maintenance facility will have a height that is a maximum of 20 feet to the peak of the roof. Minimum Distance Between Buildings on The Victorian cabin will be a minimum o f 10' from the the Lot outhouse. Minimum Percent of Open Space A minimum of 95% of the site will be open space. Maximum External Floor Area Ratio The maintenance building will contain a maximum of 1,300 sq. ft. of floor area. The Victorian cabin and outhouse will contain a combined maximum of 275 sq. ft. of floor area. Notes: See Exhibit D which identifies which property boundaries are the front, side and rear yards. Setbacks are measured from building facades, not the envelopes. * Dimensional requirements shall also be memorialized through site plan and elevations and take precedence over TABLE if there are any differences. -4- P199 1 f \ . / 4 / 10Â· t... -4.;8 11~.f 2 7-1 A.4 6 KA~ -, \ - 9%19 C /-1 6,f--h-XÂ· /11.*1 /,S' --2 - ,7'~u/TED 'cr 1 - 11 -7'~. kd~ 1Lty., I Â»-7- /-~-Elkw i 1 1 - 1'Â·L ki'Utii'h 1 / ~.AÂ·Ad:mt' t.'44 1 A. -L -*C..4.Wai~.i. /4 f ' 1 1 r,-1:/lu.,12 5=- 4' i ..4 -2.-1.-I. f...) 0 fiti & - r -' T \'Â·-1/0Â·t -2Â·0Â»-M) 0 1.021 94' /1 1 \ 1 5 1 9.69 1Â·Je~ 1-><0/ lif#-1/.m~W , ./3,21:7./'!9-'159'im /\ ' --C- , / 49>iriialii- Il F *M-------* i / P 19'/6 tx. 1.1 . V. .-- . , rtc#- U. P Â£ .lili.../ 4/. f 4 \ / 1. \-,.. 61:T-=Gy- .X..1 , 1 // -~. Â·t /./. / /<.101242 + ..f - - 1. ., Figure 2: Proposed layout of development (spoils cribs are highlighted yellow) The Applicant is also proposing to . f*&2*7 restore the Victorian-era cabin k. 01#6* 41. (approximately 216 sq. ft.) and ~,g . 11:%â€¢15&3% outhouse (approximately 50 sq. ft.) 92%*Â·Â· 4.ik, - ,;QUE.r that exist on the southeast corner of ,#ir35 '510... ... the site. The Applicant wishes to =#Cle.A,fe.:E:. I .k.. . . Â£4 29#90"4 i 412 M gently restore the exterior of these u=-tm=2>.-Â¥a. r.:?ptika . structures and do a complete - I . A=. - 1% I ./ renovation of the interior of the cabin. Electrical service, insulation, and ~- drywaIl will all be added to the cabin. . -< ap ' This renovation is intended to improve 4 .r/--9.- . Ij--Â·,40..r-:-i. - / =7 -- , 2-2.2-1: - 2..1-,920 - the functionality of the cabin operating as a meeting place between Figure 3 Victorian-era Cabin users of the cemetery and the property manager. This renovation has been approved by HPC under Major Development Review (Conceptual). During the initial HPC review for Major Development (conceptual) the Applicant proposed a significantly different program. The applicant originally proposed constructing a 3,000 square foot facility that also included a two bedroom employee housing unit. The employee housing unit would have been located directly adjacent to where the maintenance facility is located in the current proposal. Throughout the public hearing process, the employee housing element was -5- P200 subject to considerable debate from the surrounding neighbors. It was believed that having residents in the cemetery would considerably change the character of the property. In response to this issue, the Applicant withdrew the employee housing element from the application and amended the proposed development to a maintenance-only facility. This application requires several different approvals from City Council: 1. The requirement for the PUD establishment follows those regulations found within Land Use Code Section 26.710.240.D, Park (P) Zone District Dimensional Requirements: The dimensional requirements which shall apply to all permitted and conditional uses in the Park (Pj zone district shall be set by the adoption of a conceptual development plan and final development plan, pursuant to Chapter 26.445, Planned Unit Development. Essentially, any development in the Park (P) zone district, in this case the addition of a permanent maintenance building, is required to be memorialized through the PUD process. 2. An Amendment to the Official Zone District map is required based upon the establishment of the PUD overlay. In order to memorialize the site specific development being considered through the PUD review, the property will be designated with a PUD overlay, necessitating the amendment to the Official Zone District Map. 3. Finally, Growth Management Review for an Essential Public Facility is being pursued based upon the provision in the Growth Management Quota System and Definition sections of the Land Use Code. Definition: Essential Public Facility: A facility which serves an essential public purpose is available for use by or benefit of, the general public and serves the needs of the community. All development is reviewed through the growth management process, and City Council provides final review for an Essential Public Facility and has the ability, based upon the recommendation from the Planning and Zoning Commission, to require or waive affordable housing. STAFF COMMENTS: CONSOLIDATED PUD REVIEW: The Applicant is requesting approval for Consolidated PUD Review pursuant to Land Use Code Section 26.445.030(B)(2). This allows the Applicant to receive Conceptual and Final approval from the Planning and Zoning Commission and City Council in a two-step review procedure. The Review Standards pursuant to Section 26.445.050 include, but. are not limited to, the establishment of dimensional requirements, site design, landscape plan, architectural character and lighting have all been provided by the Applicant. Staff finds that the Application meets the -6- P201 standards o f PUD review. It should also be noted that under General Requirements it is stated the proposed development shall be consistent with the Aspen Area Community Plan. In reviewing the Consolidated PUD Review portion of the application, Staff believes that the proposal does meet the applicable standards established iii Land Use Code Section 26.445.050.with certain conditions. The Applicant has clarified how the proposed development is consistent with the Aspen Area Community Plan goals to: (1) PRESERVE AND ENHANCE OUR HISTORIC RESOURCES; and (2) PROVIDE MAINTENANCE TO PROTECT AND ENHANCE THE QUALITY OF OUR PARKS AND OPEN SPACES. AMENDMENT TO THE OFFICIAL ZONING MAP: The Applicant is requesting approval for an Amendment to the Official Zoning Map pursuant to Land Use Code Section 26.310. This is a requirement due to the creation of the proposed PUD overlay. This review also requires the proposal to be consistent with all elements o f the Aspen Area Community Plan. In reviewing the Amendment to the Official Zoning Map portion of the application, Staff believes that the proposal does meet the applicable standards established in the Land Use Code Section 26.310.040, Standards of Review. Staff has determined that the proposal is consistent with the goals established in the 2000 Aspen Area Community Plan. GROWTH MANAGEMENT REVIEW; ESSENTIAL PUBLIC FACILITIES: The Applicant is requesting approval for Growth Management Review of an Essential Public Facility pursuant to Land Use Code Section 26.470.090(4). The procedure for Essential Public Facility review involves the Planning and Zoning Commission determining the employee generation number associated with the proposed development and then City Council can assess, waive, or partially waive affordable housing mitigation. In reviewing the Growth Management Review for an Essential Public Facility, Staff believes that the proposal does meet the applicable standards established in the Land Use Code Section 26.470.090(4). Staff and the Planning and Zoning Commission believes that no new employees shall be generatedfrom this site specific development plan and that mitigation is not required. REFERRAL AGENCY COMMENTS: (Full comments can be found in Exhibit C) Engineering - â€¢ The Engineering department, recommended that the application, at the time of building permit plan submittal, to have a slope management plan for the construction process. Parks - â€¢ Parks department recommended that the Applicant submit a construction staging plan and tree protection plan with the building permit application. Also, it was recommended that the Applicant have in place a management and care program for the existing cottonwoods. -7- - P202 ACSD - â€¢ Aside from the standard recommendations from ACSD, it was recommended that the Applicant show both available options for running their sewer lines from the maintenance facility. RECOMMENDATION: A goal of the Aspen Area Community Plan is the preservation of historic resources, parks and open space. In order to protect these important resources, maintenance facilities help to assure proper upkeep and long-term viability. The Red Butte Cemetery has been an asset to the Aspen area for over 100 years and provides an essential service for the community. The 17 acre site, run by a non-profit volunteer group, requires a significant amount of maintenance and care to prevent disrepair. Staff finds that the proposed site specific development plan meets these goals and will create a valuable asset both to City interests and to those maintaining the cemetery grounds. Staff finds that the proposed dimensional requirements and renovations are appropriate for the site and surrounding context. The Applicant has been active in involving the surrounding neighbors throughout the process and has made significant revisions to the original proposal based on this feedback. The maintenance facility, now 1,280 sq. ft. was originally planned to be over 3,000 sq. ft. in order to incorporate an employee housing unit. This housing unit was dropped from the application in direct response to the community feedback. Staff believes this new facility is appropriate in size and scale for such a large site where the primary goal is to preserve openness. The Applicant has recognized the significance of the existing landscape and has acknowledged that the cottonwood trees are a critical element of the visual character of the historic cemetery. Staff does believe that strong coordination between the Red Butte Cemetery and the City of Aspen should exist to preserve the landscape. The cottonwood trees that line the walks and drives on the cemetery are aging, or at the end of their life cycle, and maintaining them is a large endeavor. Staff suggests that the Red Butte Association work with forestry and landscaping professionals to create a preservation plan for these important elements. Also, at some point in the future, the cemetery will be incrementally expanding to the north end of the property and plans to match the plantings and grid system of burial plots that exists on the southern portion. Staff recommends that the Red Butte Cemetery have a long-term planting plan in coordination with approval from the City Forester and City of Aspen Parks Department to assure that this expansion matches the existing visual quality. Therefore, Staff recommends approval for the site specific development under the following conditions: â€¢ Develop an ongoing management strategy for the vegetation, specifically the cottonwoods, and expansion northward on the property. -8- P203 RECOMMENDED MoTION (ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE): "I move to approve Ordinance No. 21, Series of 2009." CITY MANAGER COMMENTS: ATTACHMENTS: EXHIBIT A - Review Criteria and Staff Findings EXHIBIT B - Resolution No. 11, Series of 2009 EXHIBIT C (1-3) - Referral Agency Comments EXHIBIT D - Site Plan EXHIBIT E - Letter from Philip and Mariann Altfeld EXHIBIT F - Letter from Joe Porter, Howie Mallory, and Margo Gubser Gardner (and photos) EXHIBIT G - Letter from Steve and Alexis Spiritas, Aoort 05 0 -to F 4 1 EXHIBITH- July 21St, Planning and Zoning Public Hearing Minutes EXHIBIT I - Letter from Mike Maple EXHIBIT J - Application fxlets,T K - LETTE.â€¢ FAN,â€¢ STE,Je -1 ALEXIS Sfirt trAS, ADPirESSED 711 CITY Gv,Ic,lc. -9- P204 Ordinance No. 21 (SERIES OF 2009) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING CONSOLIDATED PUD REVIEW, AMMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP, AND GROWTH MANAGEMENT REVIEW FOR AND ESSENTIAL PUBLIC FACILITY FOR THE RED BUTTE CEMETERY, LOCATED AT 808 CEMETERY LANE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-12-2-00-851 WHEREAS, the City of Aspen Historic Preservation Commission reviewed a Major Development (Conceptual) application from the Applicant, Red Butte Cemetery Association, represented by Alan Richman Planning Services and Graeme Means, Architect, for the construction of a new maintenance building at Red Butte Cemetery, located at 808 Cemetery Lane, a parcel of land located in Sections 1 and 12, Township 10 South, Range 85 West of the 6th pm., City and Townsite of Aspen; and, WHEREAS, at their regular meeting on December 10,2008 (after opening and continuing the public hearing on this matter on January 9,2008, February 27,2008, and June 11, 2008) the Historic Preservation Commission considered the application, found the application was consistent with the review standards and "City of Aspen Historic Preservation Design Guidelines" and approved the application with conditions by a vote of 5 to 0 under Resolution No. 30, Series of 2008; and, WHEREAS, the Applicant held a pre-application conference with Community Development staff; and, a WHEREAS, the Applicant submitted an application for Conditional Use Review, Consolidated PUD Review, Amendment to the Official Zone District Map, and Growth Management for Essential Public Facilities; and, WHEREAS, a Development Review Committee (DRC) meeting was held with the Applicant on June, 24th 2009 and comments and recommendations were gathered from the City of Aspen Parks, Engineering, and Building departments, along with comments from the Aspen Consolidated Sanitation District; and, WHEREAS, the approval recommendations from the referral departments have been added to this ordinance; and, WHEREAS, a publicly noticed site visit was held on July 15th, 2009; and, WHEREAS, prior to applying for Consolidated PUD, Amendment to the Official Zone District map, and Growth Management for an Essential Public Facility approval the ~ Applicant received Conditional Use approval and recommendations for Consolidated Ordinance No 21, Series 2009 Page 1 of 7 . 05 PUD, Amendment to the Official Zone District map, and Growth Management for an Essential Public Facility approval from the Planning and Zoning Commission for a maintenance facility of 1,280 sq. ft. and restoration of a Victorian-era cabin and outhouse via Resolution No. 11, Series of 2009; and, WHEREAS, once the land use approvals and recommendation of approval were granted by the Planning and Zoning Commission, the Applicant requested Consolidated PUD, Amendment to the Official Zone District map, and Growth Management for an Essential Public Facility approval ofthe City Council; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed requests; and, WHEREAS, during a duly noticed public hearing on October 26th, the City Council took public testimony, considered pertinent recommendations from the Community Development Director, referral agencies, Planning and Zoning Commission, and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Aspen City Council fmds that the development proposal meets or exceeds all the applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves Consolidated PUD Review, Amendment to the Official Zone District Map, and Growth Management Review for an Essential Public Facility to City Council, based on the following conditions. a) The Red Butte Cemetery Association shall develop an ongoing management strategy in coordination with the City of Aspen Parks Department for the vegetation on site, specifically the cottonwoods. This applies both to existing conditions on the southern portion of the property and the planned expansion northward. The expansion should be generally consistent with the existing character and pattern of the vegetation and grid system found in the southern portion of the cemetery. Ordinance No 21, Series 2009 Page 2 of 7 P206 b) Storage of heavy equipment shall be within the activity envelope displayed on the site plan. This shall not apply to any easement agreements on the cemetery that provide for equipment to work on the property. c) Heavy equipment or trucks with diesel engines shall be plugged in for engine heat for at least 12 hours prior to starting during winter months when temperatures are below 40 degrees Fahrenheit. d) A five foot setback from the top of bank (as marked on survey by Aspen Survey Engineers) shall be provided for all development within the Activity Envelope except for that area of approximately 35 feet adjacent to the spoils cribs as indicated on the Activity Envelope Plan. In the area of this exclusion, there shall be a boulder retaining wall to protect the edge of bank similar to that shown in Exhibit A. e) The number of employees generated is determined to be one (1) for the existing use. An employee audit by the Red Butte Cemetery Association shall occur no later than two (2) years after a Certificate of Occupancy has been issued. f) The maintenance facility shall not be used as a living unit or as a place to sleep overnight. g) Operation of the maintenance facility shall coincide with daylight hours, excluding emergencies and work undertaken by beneficiaries of any easements upon the cemetery property. h) Prior to submitting an application for a building permit, the Applicant shall record the final PUD plan, including a site plan and architectural elevations of the proposed development. The Applicant does not plan to file an agreement with the City of Aspen. Section 2: Building Permit Application The building permit application shall include the following: a) A copy of the final recorded Ordinance. b) The conditions of approval printed on the cover page o f the building permit set. c) If required, a drainage plan, including an erosion control plan prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. Stormwater from impervious surfaces shall be detained on site. d) As applicable, an excavation stabilization plan, construction management plan (CMP), top of bank and stability ofhillside plan, tree protection plan and drainage and soils reports pursuant to the Building Department's requirements. The Ordinance No 21, Series 2009 Page 3 of 7 P207 requirement for a tree protection plan is intended to solely address any trees and their drip line areas that would be affected by construction activities, including protection (such as designated construction routes and temporary fencing) that will be necessary to minimize the impacts on existing trees from construction traffic. The tree protection plan is in no way intended to limit regular cemetery operations, including burial activities and normal traffic associated with the operation of the cemetery. e) As applicable, a fugitive dust control plan to be reviewed and approved by the Environmental Health Department. 0 As applicable, a detailed excavation plan that utilizes vertical soil stabilization techniques, or other techniques, if appropriate and acceptable, for review and approval by the Cify Engineer. g) Accessibility and ADA requirements shall be addressed to satisfactorily meet adopted building codes. Section 3: Dimensional Requirements Any development on the site shall adhere to the dimensional requirements established in the adopted PUD. The Council adopts the following standards TABLE 1 DIMENSIONAL REQUIREMENTS FOR THE RED BUTTE CEMETERY PUD* Requirement Proposed Conditions Minimum Lot Size 16.8 acres Minimum Lot Area Per Dwelling Unit Not applicable. Minimum Lot Width The cemetery is a minimum of 1,275 feet wide. Minimum Front Yard Maintenance facility: 340 feet The Victorian cabin: 390 feet Minimum Side Yard Maintenance facility: 170 feet Victorian cabin: 15 feet Minimum Rear Yard Maintenance facility: 165 feet Victorian cabin: 130 feet Maximum Height Maintenance facility: A maximum of 20 feet to the peak ofthe roof. Minimum Distance Between Bui]dings on Victorian cabin: will have a minimum of 10' from the the Lot outhouse. ~ Minimum Percent of Open Space A minimum of95% of the site ~ Ordinance No 21, Series 2009 Page 4 of 7 P208 (Table 1 Continued) Maximum External Floor Area Ratio Maintenance building: 1,300 sq. ft. of floor area. Victorian cabin and outhouse: combined maximum of 275 sq. ft. of floor area. Notes: See Exhibit 2 which identifies which property boundaries are the front, side and rear yards. Setbacks are measured from building facades, not the envelopes. * Dimensional requirements shall also be memorialized through site plan and elevations and take precedence over TABLE if there are any differences. Section 4: Engineering Building permit submission shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation published by the engineering department. Section 5: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907) Section 6: Water Department Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Section 7: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. The ACSD also requests that both options for connecting available sewer lines to the maintenance facility be shown on the proposed plans. Section 8: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting for both Residential and Non-residential lighting standards. If there is a conflict between the two regulations, the more restrictive shall apply. Section 9: The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of final development approval as required under Section 26.304.070(A) ofthis Chapter. Ordinance No 21, Series 2009 Page 5 of 7 P209 Section 10: Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. Section 11: The establishment of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this development approval, the applicant shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing by the city. Section 12: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein ,~awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 13: This ordinance 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 14: lf any section, subsection, sentence, clause, phrase, or portion of this ordinance 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the _ day of 52009. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this day of '2009. Ordinance No 21, Series 2009 Page 6 of 7 P210 Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor Approved as to form: City Attorney List of Exhibits Exhibit 1: Diagram o f Barrier Wall Exhibit 2: Site plan Ordinance No 21, Series 2009 Page 7 of 7 APTIÂ¢.6,<* 15'~ 4 130L1-1_DEL 51=p lt,GLIA-Dem- 144 w 6"4-0*.4/â€¢rl- fo 6. DÂ»-l +4*6kt - D &1-4-11.- Tb ciH Filit-1 95/ FIRLL. lil-14-; NE.rie.no l- DIUUNAG-NE- FLA-61 0 1 86, STÂ·th-lar- 6,4'-00Â· (~i) ecs.-16-r- 1 F-14. -r-op A Pâ€¢ 8 M.111- X ' -- - - 15-L - 0 391-6 " lit i / \ 4 - /\44 . C \ 1 2.'>41 e 1 \ 1 1--NE>.0/ (SrizA-O tiL 2-- Wo [2Â·*~ Y=-lED 41 6-v,/ 4.-RADE-e. 4/ae-k>116-D 4 - :Ic I : / ..74 j 5- -6 .. 1 3%92.tAS i:6'414 02.~ - ur -7- .. 1 10<.81-1~14-411.APEL 151Â£LOW 13'0IA-LDKE.. -TO rUE.VIL+1 - 4-BA_p Â£ c w '16 'DÂ¢~e-*ES P ELTL-1 L â‚¬ E D â€¢Er-E- b P BA,-1 k S IS-g- PIM Pâ€¢AS KE> 5 11-0- PL,A-61 -roll- l.-a:LÂ·â€¢n/N 2-m-b B 1-LTTE 0-m-rl E-1-t-er P211 ------- P212 fltil S tr 2 CA ? 1 lili LOI .6 ___12211_1_1-6.4</-222-/7~7*%-6 1 1 Ler' PLD..... h.- 4// / 1 -l >f] 11-T--1. .,$. h/.Â· u=-H or , uâ€¢.1/4.4â€ž6-IUMIL'% - I - -5% 3:/5---- / ' I. -1 J - I./- 1 .. ... 1 & I r w -. 'LÂ·*U=.Sx le ~. ..\ 1 -*- jl 4/ \Ii ---I. I. . Will-& L-----I'l E %.: Â· -4 X -.1/ 1-4.--.= L,4.4.-r~42 I ...#lulÂ· b./Cu. P I. 2 D i -1 6 2 / < 1 4\ Â· h - I 4 74 6110 ..1 t ' ' 1.6-1 1 i % c- .0 -4 .-1 ..6-1. i P r -- -4 a 1.1 -r'-I. . D /'. X 44~..... :~ - ~ 7 J l.: 1 =i*$Â¥~~Â¥t &13~ ./ I -'Â·r- - - 8 FT-T-+ iÂ· L 4 I I 1 -.. 4 . r 4* ..rl.*. I- 1-. AVE.. .... _ ' C- - Lx â€ž=.4< \ -I Câ€¢.4-1-Ll C.t~< -B'D PEOP RE, n F r~- FLA.U lo 1 N p / h 81,~ 7-r-* / f 1-127'-1-t P r U \ bAd SC- 23 1-- .5,Le ' \ 4 \ WVE Bâ€¢Â·8Â»........ /4 A.bâ€¢*U RED BUTTE CEMETERY D. ..r .WWâ€¢19 ,---,u'll/ 11/0-1 S PLANNED UNIT DEVELOPMENT SUBMISSI ASPEN rLANN]NG & Z.ONING COMMISSIO U.ADEK '-7,/'V'I moln~ -rrn, Ch *& -i 9 r 1/55111< 1 . Le-~ 91 -Le. ..161 1Â«/ PÂ»MÂ« P213 EXHIBIT A REVIEW CRITERIA AND STAFF FINDINGS Pursuant to Section 26.445.050, Planned Unit Development GENERAL REQUIREMENTS a) The proposed development sliall be consistent with the Aspen Area Community Plan. The proposed development is consistent with the Aspen Area Community Plan. â€¢ Provide support and education for the preservation of historic resources â€¢ Preserve and enhance our historic resources; and â€¢ Provide maintenance to protect and enhance the quality of our parks and open spaces. Staff finds this criterion met. b) The proposed development shall be consistent with the character of existing land uses in the surrounding area. The proposed development is consistent with and serves as an accessory use to the cemetery land use. Staff finds this criterion met. c) The proposed development shall not adversely affect the future development of the surrounding area. The proposed development is minimal in nature and has remained sensitive to the surrounding area, including the neighborhoods that border the Red Butte Cemetery. The maintenance building will not adversely affect the future development of the surrounding area. Staff finds this criterion met. d) The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. The proposed development is considered an Essential Public Facility, with no annual limit on square footage allotments. Staff finds this criterion met. ESTABLISHMENT OF DIMENSIONAL REQUIREMENTS 1) The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. - 10- P214 The minimal nature of the proposed development and the extent of the setbacks from the property lines create appropriateness and compatibility with tbe existing and expected future land uses in the surrounding area. Staff finds this criterion met. b) Natural or man-made hazards Not applicable. No nafural or man-made hazards exist on site. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. Many of the natural characteristics of the Red Butte Cemetery are being retained by the proposed dimensional requirements. These include, but are not limited to, the cottonwood trees that line the drives and the large sage meadow on the north end of the subject property. The steep slope on the eastern portion of the property has been addressed by Parks and Engineering and erosion control will be included in the building permit. Staff finds this criterion met. co Existing and proposed man-made characteristics of the property and the surrounding area such as noise, trafic, transit, pedestrian circulation, parking, and historical resources. Much of the Red Butte Cemetery is open space and shall be maintained under the proposed dimensional requirements. The Victorian-era cabin, an existing man-made and historic structure is being improved through an interior and exterior remodel, but no dimensions shall change. The proposed maintenance facility is being located at the site of the current temporary maintenance shed. This location has no impact on existing or proposed man-made characteristics of the property. The scale of this project is compatible with existing traffic and pedestrian circulation. Staff finds this criterion met. 2) The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. The proposed dimensional requirements are solely for the creation of the maintenance facility, particularly when considering the acreage of the site. This structure itself is minimal in size, 1,280 sq. ft. with a peak height of 18 feet. Also, the setbacks for the structure place it at the back (east) of the property far from the surrounding neighborhoods. Staff finds this criterion met. 3) The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying timeperiods of use, wheneverjointuse ofcommonparkingisproposed -11- P215 c) The availability of public transit and other transportation facilities, including those for pedestrian access aild/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers iii tile city. The proposed development has adequate parking, both interior (two bays) and exterior in the work yard, for vehicles and equipment. This is appropriate for the desired use of the facility and public transit facilities shall not be needed. Staff finds this criterion met. 4) The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development Not applicable. No residential dwelling units are being proposed. 5) Themaximumallowable density withina PUD maybereducedifthere exists natural hazards or critical naturalsitefeatures. Specifically, the maximumdensity of a PUD maybe reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of niu.dflow, rockfalls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area aiid the City. d) The disign and location of ally proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. Not applicable. No residential dwelling units are being proposed. 6) The maximum allowable density within a PUD may be increased if there exists a signifcant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. -12- P 216 c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding and expected development pattern, land uses, and t characteristics. Not applicable. No residential dwelling units are being proposed. SITE DESIGN 1) Existing natural or Â·man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. The existing natural and man-made features of the Red Butte Cemetery would be preserved by the proposed location of this site specific development plan. This location does not intrude on any of the cottonwoods or other important vegetation. Staff finds this criterion met. 2) Structures have been clustered to appropriately preserve significant open spaces and vistas. Only one new structure is being proposed and it is intended to be constructed at the site of the existing temporary maintenance shed. This location preserves a significant amount of the open space and vistas created by the sage meadow on the north end of the property. Staff finds this criterion met. 3) Structures are appropriately oriented to public streets, contribute to the urban or rural context e where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. Not applicable. 4) Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. Access for service and emergency vehicles exists for the Victorian-era cabin and the proposed maintenance facility through the existing gravel roads. Staff finds this criterion met. 5) Adequate pedestrian and handicapped access is provided. The Building Department has recommended that the maintenance facility be handicap accessible and is conditioned in the resolution. Staff finds this criterion met. 6) Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. There is appropriate existing public infrastructure for the additional drainage created by the maintenance facility and its work yard. The run-off from the roof is planned to L -13- P217 be captured in a drywell and most of the natural soils around the site are absorbent. A site drainage plan shall be included in the building permit. Staff finds this criterion to be met. 7) For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions with the use. Not applicable. LANDSCAPE PLAN 1) The landscape plan exhibits a well designated treatment of exterior spaces, presen,es existing significant vegetation, and provides and ample quantity and variety of ornamental plant species suitable for the Aspen area climate. A landscape plan has been created that brings a variety of plant species to the site as well as buffering the development on the north, south and west from the surrounding neighborhoods. The variety of plant species includes Aspen trees, Gambe] Oak and Serviceberry bushes. Also, the topography will be slightly graded upward around the work yard to further limit the visibility of the facility. Staff finds this criterion met. 2) Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. (See Staff response for Standard Three.) 3) The proposed method of protecting existing vegetation and other landscape features is appropriate. The City of Aspen Parks Department has recommended the placement of temporary fences along the cemetery drives during construction to protect the roots of the Cottonwood trees. This method is appropriate to protect these important landscape assets. Staff finds this criterion met. ARCHITECTURAL CHARACTER 1) Be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. The proposed dimensional requirements for the PUD promote the simple and minimal scale of the maintenance facility. With a peak height of 18' and 8' on the east and west sides, the 1,280 sq ft. structure would have little impact on the 17 acre site and visual quality of the cemetery. Staff finds this criterion met. 2) Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of lion- or less-intensive mechanical systerns. - 14- P218 The proposed maintenance facility does not propose any solar access, but has significantly limited the amount of the structure that will use a mechanical system for heating and cooling. Only a warm room (approximately 25% of the maintenance facility) will require heating and cooling. Staff finds this criterion met. 3) Accommodate the storage and shedding of snow, ice, and water iii a safe and appropriate manner that does not require significant maintenance. Snow shedding has been designed to direct snow to south side of the maintenance facility, away from the maintenance yard. The large amounts of open space surrounding the facility provide ample space for storing excess snow, and the grading at the site slopes away from the structure providing adequate water drainage. Staff finds this criterion met. LIGHTING 1) All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. The lighting for the proposed development is appropriate and minimal in nature. No direct glare or hazardous interference to adjoining streets or lands shall be created. Staff finds this criterion met. 2) All exterior lighting shall be in compliance with the Outdoor Lighting Standards unless c othenvise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. All lighting for the proposed development is in compliance with the Outdoor Lighting Standards. No up-lighting is being proposed. Staff finds this criterion met. COMMON PARK, OPEN SPACE, ORRECREATION AREA 1) The proposedamount, location, and design ofthe commonpark, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 2) A proportionate, undivided interest in atl common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. -15- P219 3) There is proposed an adequate asswance through a legal instruments for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. The Red Butte Cemetery has operated as an important asset to the surrounding neighbors and the City of Aspen for many years. The proposed maintenance facility shall aid in the effort to keep the property visibly attractive and assure the Cemetery will receive proper upkeep in the future. Staff finds this criterion met. UTILITIES AND PUBLIC FACILITIES 1) Adequate public infrastructure facilities exist to accommodate the development. 2) Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3) Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reinibursed proportionately for the additional improvement. Adequate public infrastructure facilities exist to accommodate the increased need on the subject site. These needs are moderate in nature, and the Applicant has agreed to pay for extensions and improvements to utilities at their own expense. Staff finds this criterion met. ACCESS AND CIRCULATION 1) Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. The site has adequate access through Cemetery Lane, a public road. Staff finds this criterion met. 2) The proposed development, vehicular access points, and parking arrangement do not create trafic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. The maintenance facility shall not generate any new traffic in the area. Most of the vehicular activity will occur onsite during maintenance work. Staff finds this criterion m et. 3) Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. Not applicable. No new trail dedications are proposed as a part of this project. -16- P220 4) The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreation trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. Not applicable. No AACP or adopted plans relate to this site specific development plan. 5) Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. Not applicable. No streets proposed within plan. 6) Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. The historic iron entry gate is the only type of entryway expression on the site and no other similar features are proposed within the PUD. Staff finds this criterion met. PHASING OF DEVELOPMENT PLAN 1) All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2) The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3) The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment ofimpactfees and fees-in-lieu, construction of anyfacilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Not applicable. A phasing plan is not proposed for this project. REVIEW CR]TERIA AND STAFF FINDINGS Pursuant to Section 26.310.040, Amendments to the Land Use Code and Official Zone District Map: In reviewing an amendment to the text of this Title or an amendment to the official zone district map, the City Council and Planning and Zoning Commission shall consider: a) Whether the proposed amendment is in conflict with any applicable portions of this Title. -17- P221 The proposed amendment is not in conflict with any applicable portions of this Title. Staff finds this criterion met. b) Wliether the proposed amendment is consistent with all elements of the Aspen Area Con?munity Plan The proposed amendment is consistent with the Aspen Area Community Plan. Staff finds this criterion met. c) Whether the proposed amendment is compatible with the surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. The proposed PUD overlay will not change the characteristics or use of the subject property. The PUD only establishes the dimensional requirement for the maintenance facility. The proposed site specific development plan is compatible with the surrounding zone districts and land uses. Staff finds this criterion met. d) The effect of the proposed amendment on trafic generation and road safety. The proposed amendment for the PUD overlay will not affect traffic generation at the Red Butte Cemetery or in the surrounding neighborhoods. Road safety will not be impacted. Staff finds this criterion met. e) Whether and the extent to which tile proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but riot limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. The proposed amendment will have a minimal impact on public facilities. There will be no impact on schools, traffic, and emergency services. Sewage and water supply lines have been identified and the connection of these services will place a small increase on total City demand. Staff finds this criterion met. D Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. The proposed amendment shall not change the existing preservation of the natural environment at the Red Butte Cemetery. Parks has recommended protecting the existing Cottonwoods on site and creating a plan to control erosion on the top of bank. Staff finds this criterion met. g) Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. -18- P222 The proposed amendment retains the underlying Park (P) Zone District and the PUD dimensional requirements do not allow for any type of development on the site that ( would degrade the community character in the City of Aspen. The proposed maintenance building is a normal accessory structure for a cemetery. Staff finds this criterion met. h) Whether there have been changed conditions alfecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Development in the Park (P) Zone District requires the development of a site specific development plan through the PUD process, resulting in a required map amendment. Changed conditions are not applicable. 0 1Â¥hether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent of this Title. The proposed amendment is not in conflict with the public interest and is in harmony with the purpose and intent of this Title. Staff finds this criterion met. REVIEW CRITERIA AND STAFF FINDINGS Pursuant to Section 26.470.090, Growth Management Review for Essential Public Facilities a) The Community Development Director has determined the primary use and/or structure to be an essential public facility (see definition). Accessory uses may also be part of an essential public facility project. The proposed project involves two accessory structures to the primary cemetery use. The Victorian-era cabin serves as a meeting location and the new maintenance facility serves to house the necessary equipment and machinery to maintain the cemetery grounds, both essential to the Red Butte Cemetery operating as a facility which servers an essential public purpose that is available for use by or benefit of, the general public and serves the needs of the community. The Community Development Director has determined that the primary use is an essential public facility based on the definition found in Land Use Code Section 26.104.100, Definitions; Essential Public Facility: a facility which serves an essential public purpose is avaitable for use by or benefit of, the general public and serves the needs of the community. Staff finds this criterion met. b) Upon a recommendation from the Community Development Director, the City Council may assess, waive or partially waive affordable housing mitigation requirements as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. The employee generation rates may be used as a guideline, but -19- P223 each operation shall be analyzed for its unique employee needs, pursuant to Section 26.470.100, Calculations. The proposed project does not create any additional employees; therefore it is appropriate that no affordable housing mitigation be required. Staff finds this criterion m et. -20- P224 - E/Vie,iÂ·r 6 Resolution No. 11 (SERIES OF 2009) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING CONDITIONAL USE REVIEW AND RECOMMENDING APPROVAL OF CONSOL]DATED PUD REVIEW, AMMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP, AND GROWTH MANAGEMENT REVIEW FOR AND ESSENTIAL PUBLIC FACILITY FOR THE RED BUTTE CEMETERY, LOCATED AT 808 CEMETERY LANE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-12-2-00-851 WHEREAS, the City of Aspen Historic Preservation Commission reviewed a Major Development (Conceptual) application from the Applicant, Red Butte Cemetery Association, represented by Alan Richman Planning Services and Graeme Means, Architect, for the construction of a new maintenance building at Red Butts Cemetery, located at 808 Cemetery Lane, a parcel of land located in Sections 1 and 12, Township 10 South, Range 85 West of the 6th P m., City and Townsite of Aspen; and, WHEREAS, at their regular meeting on December 10, 2008 (after opening and continuing the public hearing on this matter on January 9,2008, February 27,2008, and ' June 11,2008) the Historic Preservation Commission considered the application, found the application was consistent with the review standards and "City of Aspen Historic Preservation Design Guide]ines" and approved the application with conditions by a vote of 5 to 0 under Resolution No. 30, Series of 2008; and, WHEREAS, the Applicant held a pre-application conference with Community Development staff; and, WHEREAS, the Applicant submitted an application for Conditional Use Review, Consolidated PUD Review, Amendment to the Official Zone District Map, and Growth Management for Essential Public Facilities; and, WHEREAS, a Development Review Committee (DRC) meeting was held with the Applicant on June, 24th 2009 and comments and recommendations were gathered from the City of Aspen Parks, Engineering, and Building departments, along with comments from the Aspen Consolidated Sanitation District; and, WHEREAS, the approval recommendations from the referral departments have been added to this resolution; and, WHEREAS, a publicly noticed site visit was held on July 15th, 2009; and. RECEPTION#: 562525,09/04/2009 at 09:17:25 AM, Resolution No 11, Series 2009 1 OF 9, R $46.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO Page 1 of 7 - -P-22 5 WHEREAS, the Planning and Zoning Commission reviewed the application upon recommendation from the Community Development Department on July 21 st, 2009 during a noticed public hearing; 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 approval and recommendation of approval of the land use requests is consistent with the goals and objectives 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 voted in favor of the application by a unanimous vote of 6-Oby those present. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves Conditional Use Review and recommends approval of: Consolidated PUD Review, Amendment to the Official Zone District Map, and Growth Management Review for an Essential Public Facility to City Council, based on the following conditions. a) The Red Butte Cemetery Association shall develop an ongoing management strategy in coordination with the City of Aspen Parks Department for the vegetation on site, specifically the cottonwoods. This applies both to existing conditions on the southern portion of the property and the planned expansion northward. The expansion should be generajly consistent with the existing character and pattern of the vegetation and grid system found in the southern portion of the cemetery. b) Storage o f heavy equipment shall be within the activity envelope displayed on the site plan. This shall,not apply to any easement agreements on the cemetery that provide for equipment to work on the property. c) Heavy equipment or trucks with diesel engines shall be plugged in for engine heat for at least 12 hours prior to staMing during winter months when temperatures are below 40 degrees Fahrenheit. d) A five foot setback from the top of bank (as marked on survey by Aspen Survey Engineers) shall be provided for all development within the Activity Envelope except for that area of approximately 35 feet adjacent to the spoils cribs as Resolution No 11, Series 2009 Page 2 of 7 P226 indicated on the Activity Envelope Plan. In the area of this exclusion, there sha]1 be a boulder retaining wall to protect the edge of bank similar to that shown in Exhibit A. e) The number of employees generated is determined to be one (1) for the existing use. An employee audit by the Red Butte Cemetery Association shall occur no later than two (2) years after a C/O has been issued. f) The maintenance facility shall not be used as a living unit or as a place to sleep overnight. g) Operation of the maintenance facility shall coincide with daylight hours, excluding emergencies and work undertaken by beneficiaries of any easements upon the cemetery property. Section 2: Building Permit Application The building permit application shall include the following: a. A copy of the final recorded Ordinance. b. The conditions of approval printed on the cover page o f the building permit set. c. If required, a drainage plan, including an erosion control plan prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. d. As applicab}e, an excavation stabilization plan, construction management plan (CMP), top of bank and stability of hillside plan, tree protection plan and drainage and soils (as mentioned in DRC comments, Exhibits B and C) reports pursuant to the Building Department's requirements. e. As applicable, a fugitive dust control plan to be reviewed and approved by the Environmental Health Department. f As applicable, a detailed excavation plan that utilizes vertical soil stabilization techniques, or other techniques, if appropriate and acceptable, for review and approval by the City Engineer. g. Accessibility and ADA requirements shall be addressed to satisfactorily meet adopted building codes. Section 3: Dimensional Requirements Any development on the site shall adhere to the dimensional requirements established in the adopted PUD. The Commission recommends the following standards: Resolution No 11, Series 2009 Page 3 of 7 - P 2 2 7 Table 1, Proposed Dimensional Requirements for PUD TABLE 1 DIMENSIONAL REQUIREMENTS FOR THE RED BUTTE CEMETERY PUD Requirement Proposed Conditions Minimum Lot Size The cemetery is 16.8 acres in size. Minimum Lot Area Per Dwelling Unit Not applicable. Minimum Lot Width The cemetery is a minimum of 1,275 feet wide, Minimum Front Yard The maintenance facility will be a minimum of 340 feet from the front property line, The Victorian cabin will be a minimum of 390 feet from the front property line. Minimum Side Yard The maintenance facility will be a minimum of 170 feet from the side property line. The Victorian cabin will be a minimum of 1 5' from the side property line. Minimum Rear Yard The maintenance facility will be a minimum of 165 feet from the rear property line. The Victorian cabin and the outhouse will be a minimum of 130 feet from the rear property line. Maximum Height The maintenance facility will have a height that is a maximum of 20 fuet to the peak of the roof. Minimum Distance Between Bui]dings on The Victorian cabin will be a minimum of 10' from the the Lot outhouse. Minimum Percent of Open Space A minimum of 95% of the site will be open space. Maximum External Floor Area Ratio The maintenance building will contain a maximum of 1,300 sq. ft. of floor area The Victorian cabin and outhouse will contain a combined maximum of 275 sq. ft. of floor area, Notes: See Exhibit B which identifies which property boundaries are the front, side and rear yards, Setbacks are measured from building facades, not the envelopes, Resolution No 11, Series 2009 Page 4 0 f 7 P228 Section 4: Engineering Building permit submission shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation published by the engineering department. Section 5: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Section 6: Water Department Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Section 7: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. The ACSD also requests that both options for connecting available sewer lines to the maintenance facility be shown on the proposed plans. Section 8: Exterior Lighting All exterior lighting shall meet the requirements of the City' s Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting for both Residential and Non-residential lighting standards. If there is a conflict between the two regulations, the more restrictive shall apply. Section 9: The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of final development approval as required under Section 26.304.070(A) ofthis Chapter. Section 10: Zoning that is not part of the approved site specific development plan shall not result in the creation ofa vested property right. Section 11: Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. Resolution No 11, Series 2009 Page 5 of 7 P220 Section 12: The establishment of a vested property right shall not preclude the application ofordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this development approval, the applicant shall abide by any and all such building, fire, piumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing by the city, Section 13: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as i f fully set forth herein, unless amended by an authorized entity. Section 14: This resolution sha]] 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 15: 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 ofthe remaining portions thereof. Resolution No 11, Series 2009 Page 6 of 7 P230 APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 21St day of July, 2009. APPROVED AS TO FORM: -- - -------- --1 ZONING C -/vv 1 / Jim True, Special Counsel rspam r f ~1fhair ATTEST: ~ackie Lothian, Deputy City Clerk List of Exhibits Exhibit A: Barrier wall details. Exhibit B: Site Plan Exhibit C: Parks DRC comments Exhibit D: Engineering DRC comments Resolution No 11, Series 2009 Page 7 of 7 P231 EXHIBIT C.1 DRC Comments Red Butte Cemetery PUD 6-24-09 ACSD Requirements Service is contingent upon compliance with the District's rules, regujations, and specifications. which are on file at the District office. Oil and Sand separators are required for parking garages and vehicle maintenance establishments. ACSD wil] review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. Driveway and shop bay external entrance drains must drain to drywells. On-site utility plans require approval by ACSD. ACSD will allow a tap to either the west or north of the proposed building location. All ACSD fees must be paid prior to the issuance of a demolition/access-infrastructure/excavation foundation permit. Peg in our office can develop an estimate for this project once detailed plans have been made available to the district. Where additional development would produce flows that would exceed the planned reserve capacity of the existing system (co]Jection system and or treatment system) an additional proportionate fee will be assessed to eliminate the downstream collection system or treatment capacity constraint. Additional proportionate fees would be collected over time from all development in the area of concern in order to fund the improvements needed. The glycol heating and snow melt system must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. -21- - P232 EXHIBIT C.2 *ASPEN ~ PARKS & RECREATJDN Memorandum Date: June 16,2009 - To: Drew Alexander, Planner From: Brian Flynn, Parks Department Re: Red Butte Cemetery, DRC review 1. Building permit plans shall include a detailed plan submitted for top of bank and stability o f the hillside above the trail. The detailed plan shall identify; Location of silt fencing and erosion control along the hillside. The City can provide specifications if needed: minimum requirements include a silt fence and straw bales placed in a manner preventing erosion and protect the river from residual run-off. 2. Building permit plans shall include a detailed plan submitted for Construction staging. This plan shall detail how the construction will take place with staging, storage of materials and locations of vehicles so that trees remaining on site will not be impacted and that the top of slope is protected. 3. Building permit plans shall include a detailed plan submitted for Tree Protection: â€¢ Tree protection fences must be in place and inspected by the city forester or his/her designee (920-5120) before any construction activities are to commence. â€¢ No excavation, storage of materials, storage of construction backfill, and storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on site. â€¢ There should be a location and standard for this fencing denoted on the plan. Current locations are identified above the 15' set back and along the side yard setbacks. 4. The cemetery should have in place a management and care program for the existing cottonwood trees. Recent damage to the trees and pending impacts should be addressed through a specific management plan designed by a professional tree care professional. -22- P233 EXHIBIT C.3 Date: June 2009 Project: Red Butte Cemetery City of Aspen Engineering Department DRC Comments Top of Bank Construction Management and Building permit plans shall include details for top of bank and stability of the hillside during construction. The detailed plan shall identify; Location ofsilt fencing and erosion control along the hillside. The City can provide specifications if needed: minimum requirements include a silt fence and erosion control measures placed in a manner , preventing erosion and protect the river from residual run-off. Stormwater System Development Fee Due to increase of impervious area on site the Stormwater System Development fee will be triggered during plan review. The Stormwater system development fee is applied to projects that create or disturb more than 500 square feet of impervious area. The fee is $2.88 per square foot of total impervious area on the site and is calculated and applied during building permit review. Construction Management Plan A construction management plan must be submitted in conjunction with the building permit application. The plan must include a planned sequence of construction that minimizes construction impacts to the public. The plan shall describe mitigation for: parking, staging/encroachments, truck traffic, noise, dust, and erosion/sediment pollution. Detailed plans are required prior to council - please see engineering department for specific details. -23- S ..r . , ..77/. *4*LI .... i Icl- I I .... 4- LIP-U=- 1 Ca/OIMâ€¢41#71 S LA/k 6 2 I I H =. ST- /-7-EÂ·.1 Ler / LJ.*, 2-. 377 9/ i 1 1 7><5 ..h- -- , 1 .} -* f L,XTIo. 0 ./ *-h 11- o mt:;=.~uu I L.1:T- Li Â·fÂ·,S X \ M. ~.lutiâ€¢-4-- | *.x'~' ~ h': U I - P Fi / 0 5 - HDATI'ter u-171.-ap#42 r 4' 1 ' / 50.-r-â€¢'-r DES>,Â·,u..pap c Th\ 01 - -44 0 + .1 - 4 ..N + 4 a , 3 G i 1/ , 1 ~ illÂ·Â· r 6 1 0 : ......) C ....., d . 1 5 &--1,Â·- ~ t-1 I P , > '1 1 1 4 r i...4 0 .9'~ L - Â· 3 >-1 I W .Â· 1 ,., 1~ - I ILL-r--r-li L.- i- -1 9 / 4 .11.1~L 2 1 Lp ~ d 3-7' 14--r~. rri--51-! 1- Er'. \ :Â· 1 j -5.;i,ir -t=:=Ptir 7-1--CrÂ·Â·Â·- i -1 OUf~+OUSE. Ra-H /VE.6 UE- -- er FM--clâ€ž.1 ..., 8/ C#/7-Lt/ LOT- 9 4-4-r-LNE- c.2-#-mÂ·t< .u--a'.0 P Â£ O Pos, E. 0 9 rT-F- P I ..AW O N m M. n F i L-rm-,=:r r- lr. Â¤=r,--P-r C UU' . SCA- La. 1"-5-1 La 3 46 RED OUTTE CEMETERY 13~-SE== -W SU aa= " Ae'P'U 5 PLANNED UNTT DEVELOPMENT JUUMISSION 100 -7- /Lâ€¢=#EL.Â·r tâ€¢*-(U/25115 11/.1 ASPEN PLANINING & ZONING COMMISSION 1.11.... GRAO,~MIAMS ARCâ„¢TECTURI MII (ZA,IN' STRLET 12, ,Gre,-Col....111*11 f~rm ~5 450 t'EEd /1 LO n .I -1.1 6 -6.1 EM ki s i T D P235 EXHIBIT E Mr. Drew Alexander Community Development Department drew. alexanderÂ¢Dci. aspen.co. us Dear Mr. Alexander: We reside at 1250 Snowbunny Lane. Our house is situated almost directly across from the current dirt, debris and rock pile in the North parcel of the Red Butte Cemetery. We believe you should be aware of the petitionefs past custodial actions. A number of years ago the petitioners were granted permission to construct a Quonset-type hut in the North meadow of the cemetery. We were told by city authorities that this hut is strictly temporary and would be removed in one year. Approximately seven years have passed and this eyesore still exists. After the hut was erected, dump trucks were allowed to deliver truck loads and truck loads of dirt, rock, stones, and debris to this site. The broken down hut, the piles of rock and stone and poor quality dirt has created an incredible eyesore that the neighbors have had to endure. This is all in addition to the time-to- time storage of trucks, hoes and front loaders, etc. on the property. Their disregard for maintaining a clean and tidy well organized operation has been absolutely dreadful. The cemetery custodians have been unconcerned about the neighbors, guests and families of the existing graves and the place of final rest for future residents of Aspen who might wish one day, in the far far future, to be buried in this almost only burial ground in Aspen. This is why, and we hope you can understand that the neighbors surrounding the Red Butte Cemetery do not have much trust in the veracity, actions and intentions of the cemetery trustees. Therefore, it is extremely important to us to formalize the restrictions of the trustees as to what may be permitted in this cemetery. We suggest the following: 1. No future development is to be permjtted at any time other than gravesites and the footprint of the projected facility. In other words, no enlargement of the facility would-be allowed. 2, The entire cemetery (north and south parcels) shall be maintained as a whole so that the North parcel cannot be used as a dumping ground. 3. Landscaping must be substantial so the community will not have an overview into the work area and the vehicular truck and traffic entrance adjacent to the proposed building. 4. Furthermore, we support the suggestions in the memorandum to L.J.Espamer, Chair-from Joe Porter, Howie Mallory and Margo Gubser Gardner dated July 13,2009. Philip and Mariann Altfeld 1" b P236 E;HIBiT F Memorandum To: L.J. Erspamer, Chair Planning Commission Members From: Joe Porter, Howie Mallory, Margo Gubser Gardner Date: July 13,2009 Re: Red Butte Cemetery Consolidated PUD and Conditional Use Review During the past year, we have been talking with the Red Butte Cemetery Trustees, their planner Alan Richman, and architect Graeme Means, about their plans for the Red Butte Cemetery and providing public comment throughout the HPC process. We appreciate being able to participate in the process and feel that progress has been made. The request for a single-family residence has been dropped; the existing Victorian building will be restored to provide a visitor' s facility in a location that will minimize vehicle trips on the historic grass lanes in the cemetery; and the maintenance facility and landscape plan have been designed with our input. This letter is to address some unresolved issues that we believe should be considered in ~ your review o f the current PUD submission. They include: looking beyond the maintenance facility to define the future use and treatment of all areas o f the cemetery property; documenting decisions and representations made during the HPC process; and consideration by the Planning Commission regarding the appropriateness of the proposed , on-site facility. North Meadow and Castle Creek Corridor A short-coming of the PUD submission is that it only addresses the proposed maintenance facility and the existing Victorian building, ignoring the balance of the property, particularly the undeveloped North meadow. In recent years, the North meadow has been used as a waste dump for cemetery operations. It has been a storage site for heavy construction equipment working in the area and has been graded, mounded, and scattered with piles of dirt, equipment and debris from cemetery operations. A strip has been graded and top soil spread through the center o f the meadow with no provision for re-vegetation or weed control. Cemetery managers have also graded a section of the eastern edge of the developed cemetery along the edge of the slope that extends down into the Castle Creek bottom lands. All of this has been completed without grading permits and regard for erosion control. Photographs of these conditions and the qualities of the North meadow landscape are attached. There is no disagreement that the North meadow should be utilized for the incremental expansion of future grave sites as described in the application. Atten to fifteen graves a year, it will be a long evolution. The native sagebrush plant community in the meadow has been re-emerging since grazing ceased in the meadow. Nurturing and maintaining the important, historic native vegetation is the least expensive method of managing the North meadow as the cemetery is slowly expanded there over the next hundred years. This approach also provides environmental and landscape value to the greater Aspen P237 community. Restoring and managing native vegetation in the North meadow and in the Castle Creek corridor will work toward a goal of the Aspen Area Community Plan not mentioned in the PUD application, which is to "Protect and enhance the natural environment". The cemetery trustees have agreed to maintain the native landscape in the North meadow during the gradual transition to grave sites, and HPC has required that the cemetery "Develop a comprehensive plan for management of the cemetery landscape, including the open meadow" as a condition for HPC's conceptual approval of the maintenance facility. This comprehensive landscape management plan should be documented in the PUD and include the following: 1. The Cemetery Association shall collaborate with the City Forester to establish a landscape plan and a landscape maintenance plan for the entire Cemetery Property, including the North meadow and the Castle Creek corridor, that is acceptable to the City. 2. The habitat-rich Castle Creek Corridor portion of the Cemetery Property is not developable and shall remain free of any disturbance or development as a result of the Cemetery's operations. 3. The North meadow portion of the Cemetery Property shall be maintained in native vegetation with minimal disturbance until it is incrementally developed for grave sites in the future. 4. Previously disturbed areas in the North meadow shall be restored to the native vegetation condition as soon as possible. â€¢ 5. All materials storage and construction staging for Red Butte Cemetery or any other utility improvements in the Cemetery shall occur in the maintenance facility work yard or off-site; no materials storage or construction staging will occur on the north meadow. Additional Conditions The following is a summary of issues raised in meetings and HPC hearings that should be included as conditions to the PUD approval. 1. The maintenance facility shall not be used as a living unit or as a place to sleep overnight. This condition has been included because the cemetery maintenance superintendent has been sleeping in the small Victorian building for several years. The question about someone living or sleeping in the new facility was raised during the HPC hearings. Cemetery representatives stated that this would not happen and we think this commitment should be documented in the PUD conditions. 2. Use of the maintenance facility to be constructed on the Cemetery Property shall ~ be solely for activities directly associated with the maintenance of the Cemetery Property and not for or by any other entities or properties. Further, storage of materials and equipment in the maintenance facility shall be solely for those owned by the Cemetery and used for the purpose o f maintaining the Cemetery. P238 3. Except for minimal, necessary security lighting, which complies with the City' s exterior lighting code, all exterior lighting shall be equipped with motion detectors and shall be turned off except when the maintenance facility or maintenance yard is being used for its intended purposes. There is no doubt that the Red Butte Cemetery property is a rare community resource. We acknowledge that considerable work needs to be done to repair and maintain the entire property, and that proper maintenance facilities are required to accomplish this. In our conversations with cemetery representatives, we have offered suggestions about how to meet their maintenance needs in ways that minimize negative impacts on the cemetery property. In an attempt to assist the cemetery, residents from the surrounding neighborhood have funded landscape architect Sarah Shaw to work with Graeme Means to prepare the grading and landscape plans for the maintenance facility that are included in the PUD application. The new maintenance facility represents a significant capitol cost and increase in annual operating costs for the cemetery. The PUD application refers to contacts with the City Parks and Streets departments to explore alternatives to constructing a new facility. We ask that everyone continue to consider if there are ways to for the city to assist with facilities and work required to meet the cemetery restoration and maintenance challenges, We believe it is important that the cemetery association have the funding necessary to complete the project before it commences construction of the maintenance in order to avoid a situation whereby a partially completed facility is abandoned due to lack of funds. Thank you for your consideration. We look forward to answering any questions raised by this letter at yourÂ·July 21 st meeting. 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Â· Â»-Â· - Â·-t Photo 18: Grass lane Deterioration from traf c and graveled (North End) P249 I -/ 13 .. . _-~...Â©&49Â·:321.:3tf#R~Â£*23-'#*.-"-..F<J#*..1.-.,.4 Â»Â»ntÂ»t...--56*6Â£*:~F#9616-fÂ«frÂ»4-%344*tipailitlitÂ» _ 414 - ' 14,;Â·:; -i~Â¢5245Â·3ffi~fi~~fi~Â«Â«/9*~r,*344.91Â· 443 ti... ..... â€¢U. ...t-132;fA * 1,1-*-4-~ 1 Â·i j., .. . ~- T ,t . 1- 1 .1 fj->... J.. . 21 . Â·Â·> 4 Â· 4-4:..: Â· d'.24:C ' M Â·*Af V 1 '4,411 . 6. * .:1--Â·L. -r Â·t# ." ./91 . ....1 - '719'-'.-8a#E*..$ 44*FIA#-P-* 4 - Photo 19: Historic Cabin at the South East Corner of the Cemetery P250 r,41 + 1 61 r <r RECEIVED To: L.J. Erspamer, Chair 1 JUL 2 0 2009 Planning Commission Members From: Steven & Alexis Spiritas CIr(OFASPEN 80 Overlook Drive -oMMUNITYDBED'Pur Aspen, CO 81611 Date: July 17, 2009 Re: Red Butte Cemetery Board Consolidated PUD and Conditional Use Review We appreciate the opportunity to address our concerns regarding the Red Butte Cemetery Board's (RBCB) proposal for construction in the north portion of the cemetery as part of your review o f their PUD submission. We have communicated and met with both the RBCB and the Historic Planning Commission several times over the last couple of years as this process has evolved. We would support a plan to sustain the integrity and long term preservation of the historic cemetery, but the plan being proposed by the RBCB does anythi-ng but that. All the RBCB seems to be concerned with is the creation of all outsized maintenance building, spoils area that seems unnecessdrily large, and parking/turn around space for vehicles that can only access the facility via the active portion of the cemetery. It is unseemly to think of dump trucks, Waste Management.vehicles, and other traffic and service vehicles rolling down the lovely lanes of the historic part of the cemetery to access this maintenance facility. Future burial sites also will be affected on the west, north, and south, adjoining the proposed building, since those plots will adjoin and be adversely impacted by the structures. Currently the cemetery has one employee who does not work full time. It is puzzling that today the RBCB feels the need to construct this facility in a time when burials in the cemetery are declining year over year. The cemetery has existed for over 100 years, and has seen periods when burials per year greatly exceed the handful that presently occur. Thus, the justification for this project defies logic. We are also concerned that no attention has been paid to the impact the proposed project will have on the wildlife that currently utilize that meadow either as their home, or a comfortable and safe passage to and from the riparian area. Certainly before this location is approved for any sort of development, a wildlife impact study should be conducted and taken into consideration. In previous meetings, concern has been expressed by us, by other neighbors, and by cemetery architects regarding the destruction of the native sage growing in the meadow. As the RBCB proposal currently exists, most of that native sage will be destroyed when the maintenance building is constructed. The RBCB has not indicated any willingness to take into consideration this issue and try to re - locate the building to preserve the native sage. P251 During the course of the submission process, the RBCB has asserted that the proposed facility cannot be re - located due to the fact that plots are promised to others. There should be concrete evidence presented by the R.BCB to show the number of lots that have been purchased and paid to support this assertion. They have further asserted that the maintenance facility cannot be located next to the historic cabin in the active portion of the cemetery without providing any evidence to support the assertion. In fact, we observed the recent grading and sodding of a large space to the immediate north ofthe existing structures to indicate that the space is being used for burial plots. This issue needs to be examined because it appears that the grading/sodding was done to support their claim that the maintenance facility could not be located in that area. Being active in genealogical research, we have had reason to contact and to visit historic cemeteries. From this experience, we have yet to encounter an historic cemetery where the maintenance facility is in the middle of the burial area and where the facility is so visible from the grave sites. Thus, we encourage the P&Z Committee to take a survey of the historic cemeteries in the valley, in the surrounding counties, and in the state to find out the size and location of their maintenance buildings 5 if any. Lastly, any approval for any future construction should be dependant upon the presentation of an unconditional and irrevocable performance bond from a reputable bonding company to insure that any construction will be completed in a timely manner. Please review our comments carefully, and we would be pleased to answer any questions the committee might have about those comments. We thank you for taking our comments into consideration when you make your decision on the PUD requested by the RBCB. Yours truly, Steven & Alexis Spiritas -4 \ 0 \24 / A - ./lort- Pi*& Bearing on Red Butte Ceme , PUD - 'AT&T Yahoo! Mail' Page 1 of 1 â‚¬ at&t 7229Â£#1<26 MAIL Classic P & Z Hearing on Red Butte Cemetery PUD Monday, July 20, 2009 12:53 AM From: "Steven Spiritas" <spiritas@sbcglobal.net> To: drew.alexander@ci.aspen.co.us Bcc: "Sarah Shaw" <sarahshaw@sopris.net> Letter to Planning & Zoning 07-20-09].doc (33KB) Drew, Due to computer problems, we could not transmit this information earlier. Please provide our comments to the appropriate members of the Planning & Zoning Committee. I will drop off some photos tomorrow of the wildlife activity in the meadow north of the historic section of the Red Butte Cemetery. It will be labeled "Exhibit 1." Thank you. Steven F. Spiritas 80 Overlook Drive Aspen, CO 81611 w,r,-anvirma U. 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Commissioners Stan Gibbs, Jim DeFrancia, Mike Wampler, Bert Myrin, Brian Speck and LJ Erspamer were present. Excused were Dina Bloom and Cliff Weiss. Cliff Weiss was present for the Bidwell referral. Staff in attendance were Jim True, Special Counsels Drew Alexander, Sara Adams, Jennifer Phelan, Community Development; Jackie Lothian, Deputy City Clerk. COMMENTS Jennifer Phelan noted that there were questions about the height of the Stage III. Phelan said for the record there were action items at the last meeting the Moore Family PUD Amendment and there was language wordsmithing on the Resolution at the meeting to add more clarity for the Resolution. Stan Gibbs signed the Resolution. Toni Kronberg, public, asked Planning & Zoning to address traffic and pedestrian safety in town and the traffic on Main. Kronberg spoke of the recycle center and the new council members. LJ Erspamer said the commission sent a letter to the City Council. Jim DeFrancia said that the traffic increases are not solely created by development but the vehicle population has increased greater than the people population and also changes in lifestyle. DeFrancia noted that the opposition to the recycle center was lead by Toni Kronberg on the last vote on il. MINUTES MOTION: Stan Gibbs moved to approve the minutes from 06/16/09. Seconded by Jim DeFrancia; all in favor, Approved. CONFLICT OF INTEREST Cliff Weiss was conflicted on Red Butte Cemetery. PUBLIC HEARING: RED BUTTE CEMETERY, PUD LJ Erspamer opened the public hearing on the Red Butte Cemetery PUD. Proo f of notice was provided. Drew Alexander stated this applicant had several reviews and Conditional Use Review was the final authority with Planning & Zoning Commission. Alexander said the other 3reviews were recommendation by Planning & Zoning to Council with Council as the final authority for the consolidated PUD Review, Amendment to the official zone district map and Growth Management review for Essential Public Facility. 2 P260 Regular Meeting Aspen Planning and Zoning July 21,2009 Alexander said the cemetery was established as a non-profit at the turn of the century by organizations involved in the process including the Masons, Woodmen of the World, Elks, Swedish Lodge and Columbine Circle. These groups joined to purchase the 17 acre property where the cemetery exists today. The design of the cemetery has a very grid like organization to it with walks and drives lined with very old cottonwood trees. Alexander said there were various applications over the years and based upon the public comment received the housing unit was deleted and now there was 1,280 square feet maintenance facility that would act as a permanent work yard and storage structure for vehicles and equipment (pick-up truck, skid loader, four wheeler and trailer, large riding mower, motorized weed eater and various hand tools). Page 29, exhibit C, was a site plan that showed the work yard and maintenance facility as the bulk ofthis bulk of this proposal. HPC approved the interior renovation and to gently restore the Victorian 216 square foot cabin and 50 foot outhouse to turn this into something that will work better with the property manager and users of the cemetery. Alexander said lhat the proposed dimensional requirements were located on page 4 of the memo and the maintenance facility had an 18 foot height to the peak of the roof and the maximum allowable in that zone district was 25 feet. Staff recommended approval with conditions. Alexander said on page 8 ofthe memo there was a condition to develop an ongoing management strategy for vegetation, specifically the cottonwoods and expansion northward on the property. Jennifer Phelan said the maintenance building was for the cemetery use and appropriate to be approved as a Conditional Use; the size of the maintenance ' building will assist the board in the operations of the day to day functions and service to the community. Phelan said that HPC spent a lot of time for the size and location of the building and recommend the Conditional Use and recommendation of approval to City Council for the Growth Management Review as an Essential Public Facility, the PUD dimensional standards and the site specific development plan on the official zoning map. Phelan said that as a PUD it does lock in this design so if there are any future changes being proposed it would come back to amend the PUD to necessitate a public notice. Bert Myrin said that on page 7 was the affordable housing mitigation. Phelan replied that it was a decision by Council to waive the employee mitigation. Myrin asked about the Dimensional Requirements on page 11 for the PUD and asked if these requirements were changed would they have to come back through the PUD process. Phelan said there were 2 ways to amend a PUD; one was an insubstantial which has very strict criteria that can be handled administratively and if you don't 3 P261 Regular Meeting Aspen Planning and Zoning July 21, 2009 meet those thresholds it is a public hearing process going to the Planning & Zoning or City Council. Myrin asked about the lighting code in Section 8. Phelan said that residential lighting code was more lax than commercial. Stan Gibbs asked the height requirement for a PUD. Phelan replied there was none but it was established through the PUD process. LJ Erspamer said that the maintenance facility would act as a work yard and storage for trucks for the vehicles and equipment; he asked if there was any restriction there on the size and number of vehicles or is it whatever they need to do the job. Phelan said that Conditional Use allows some conditions but the applicant will specify what their needs are. Alan Richman introduced himself as representing the Red Butte Cemetery Association; John Thorpe, president of the Cemetery Board and Gram Means, Architect. Richman stated the Red Butte Cemetery was a private parcel of land about 17 acres in size and owned by the Cemetery Association for more than 100 years. The Cemetery Association is a group of volunteers who have taken the responsibility of maintaining the cemetery and its improvements. Richman said that the vehicles used on the property include a pick-up truck, a skid loader, 4 wheeler and trailer, a riding mower, hoses and hand tools and all is listed in the text of the application. Richman said today the vehicles are stored in the temporary fabric shed with no heat, no electricity, no water service, no bathroom; the facility was inadequate to operate the cemetery on a daily basis. This existing cemetery needs to be maintained; the association is proposing a modest building. John Thorpe, president of the board, introduced Stone Davis a very active member of the board. Thorpe said that nothing had been done to the cemetery in a long time and now the City Forester has helped identify trees that were in trouble and they have begun to replace the trees on the same historic planting grid. Thorpe said the water delivery system was completely inadequate and that had to be replaced with an underground irrigation system. They also had surveys done and the plots are now on line and this proposed project is to preserve and maintain the cemetery. Thorpe said this was completely a non-profit association. Gram Means utilized an aerial photograph (Exhibit 1) of the cemetery property which is approximately 17 acres about 600 feet wide over 1200 feet long with the public view through the cemetery's iron gate on Cemetery Lane. Means said there were 3 by use portions of the cemetery, the southern portion established historic plots, the northerly portion that is open meadow and there is the strip off the edge 4 P262 Regular Meeting Aspen Planning and Zoning July 21,2009 of the banks with native vegetation and steep slopes. Means used a site plan (Exhibit 2) showing the established southern part and the part that goes over the bank and the maintenance building would not impact the historic part of the cemetery. (Exhibit 3) showed the existing sage area in the northern part with 175 feet to the closest neighbor on the north. Means said they were proposing to depress the whole work yard so that it was cutting into the ground 2 h feet at the southern end; there were power poles and electric easements at the bank. (Exhibit 4) was the conceptual landscape plan and HPC had some ideas about how this should work with the cottonwood trees. Means said the southern elevation (Exhibit 5) and the maintenance building was 18 feet in height from the lowest grade to the peak with 10 foot door openings for equipment. Rusted metal panel construction for thereof and sidewalls; there were 2 garage bays, a small 914 by 18 foot warm room, a required bathroom and small mechanical room. Richman said that it was 18 feet from the lowest grade to the top of the roof. Richman said the he was comfortable with the resolution and this structure was needed for this cemetery to be cared for. The soils piles do get removed and the area will be re-vegetated pursuant to city standards and agree to keep disturbance within the work yard and the activity envelope is where the building will occur. Thorpe said the number of grave sites in the southern portion was about 6,000. Commissioner Questions: Bert Myrin said there were several suggestions in the letters from the public and asked how they might apply. John Thorpe said they have a landscape plan and have no plan to develop anything down the Castle Creek area. Gram Means replied that this was a specific plan for a maintenance building and work yard area and was not sure that these were specific areas but this was for the entire area. Jennifer Phelan replied that the proposed development was for the exiting cabin, the proposed maintenance building and work yard and the spoils area. Alan Richman stated this was a group of volunteers as the Cemetery Board and that if they want to do something that is not proposed in this application then they would have to come back and ask for it. Jim DeFrancia asked that the PUD only asks for what is included in the application. LJ Erspamer asked if there would be over night storage of vehicles. John Thorpe replied that they rely on an outside contractor to do excavation in opening of graves and sometimes a piece of equipment is not taken out that night so there would be from time to time. Erspamer asked the hours of operation. Thorpe said they generally operate during the daylight hours unless there was an emergency t 5 P263 Regular Meetin2 Aspen Planning and Zoning July 21, 2009 break down of equipment. Erspamer asked how soon the metal would rust. Means replied that it would be pretreated to rust. Erspamer asked i f the Marolt Ditch ran underground. Thorpe replied that there was an underground pipeline that comes from the Marolt property to their cemetery. Stan Gibbs asked if this improvement increased the scope and scale of the operation. Thorpe said it is just and improvement and won't change the scale. Public Comments: 1. Amo Schetler, public, said that he lived on the north end of the cemetery property and thought that they were alllooking for the same thing that the cemetery be able to be maintained but the impacts on the neighborhood be minimized. Sehetler said that there were things for example the maximum height was 18 feet and that was 3 feet taller than his building which was set down. 2. Joe Porter, public, said that he lived at 1270 Snow Bunny Lane and said that he was a founder of the Design Workshop. Porter said that he and some neighbors have been working with the Cemetery Board. Porter said this entire site was a park and landmark designated site. 3. Â· Mariann Altfeld, 1250 Snow Bunny Lane, the back of her property boarders the cemetery and she said that she knows what it means work hard as a volunteer. Altfeld said that the cemetery has become a disgraceful eye soar as a dumping ground for exposed piles of dirt, rock and unkempt piles of rubble in the north meadow. Altfeld said that there were large trucks stored there (meadow area) while a sewer line was placed elsewhere in the neighborhood. Altfeld said that these deeds were a lack of respect for the surrounding neighborhood therefore she wanted the footprint o f the new maintenance facility never be enlarged, for the height of the building never be expanded and future housing, dumping on the property should not be allowed. Altfeld said that she and her husband and daughter own 3 cemetery plots. 4. Steve Spiritas, 80 Overlook Drive, voked concern for the impact on the wildlife. Spiritas said the proposed building is almost 3 times larger than a 2 car garage and 4 times larger than their current storage facility. Spiritas said the interior lighting should only be allowed during daylight hours. 5. fred Peiree stated that he represents some neighbors and the concerns were landscaping and operations. 6 P264 Regular Meeting Aspen Planning and Zoning July 21, 2009 6. Mike Maple, 1250 Mountain View Drive, stated that he house was about 150 feet from this property. Maple thanked the Cemetery Association for all o f their work and asked how much time was spent on this process and the costs of the process. Stone Davis replied they had about $38,000.00 in the process. Maple said it was time to allow the Cemetery to do this process. 7. Margot Gubser Gardner, public, spoke about the 4,200 gravesites in the old section and 6,000 in the new section. John Thorpe replied that 4200 were sold but they were not all used to date. Commissioner Comments: LJ Erspamer said that P&Z would vote on 4 issues and 1 stops at P&Z. Jim DeFrancia asked when the north portion o f the cemetery plots are created is that a separate process. John Thorpe replied that normal cemetery operations have a plan for the operations. DeFrancia said there has been an expression of this northern portion as a park or meadow or open space but we need to keep in mind that it is a cemetery; a cemetery not having plots on it right now but it will have plots in due course but it is not a park and it is not a meadow and it's not wildlife habitat but it is a cemetery. DeFrancia said that an interim use as a meadow is de- facto but that does not make it a meadow in perpetuity. DeFrancia said he appreciated concerns for the piles and the illegal dumping and his understanding was that this improved maintenance facility would improve the rubble piles and the disturbances. DeFrancia said the size ofthe maintenance building was reasonable; he would go with the existing governance on lights. DeFrancia said there were other cemeteries with the maintenance facilities in the middle. DeFrancia stated this was a PUD and they can't do anything that is not granted without coming back and he fundamentally supports the application and with some refinements. Bert Myrin said the hours of operation for lighting were a big concern and supports conditions that include more restrictive residential or non-residential lighting code, whichever is more restrictive for this space. Alan Richman said that was accepted. Myrin said the dumping ground was raised several times and he would like to see something referring to that. Erspamer asked who enforces the conditions of the resolution. Phelan answered the lighting codes will be harder because two different standards will apply to figure out which is more restrictive of each standard. 7 P265 Regular Meeting Aspen Planning and Zoning Julv 21, 2009 Brian Speck commended the cemetery board for taking such good care of the cemetery and he was in support of the proposal with the stipulation of no one living in the building and supported Jim DeFrancia' s comments. LJ Erspamer voiced concern for the trucks starting up in the morning on a cold day and asked if the applicant would plug the trucks in when the temperatures were below 40 degrees. John Thorpe replied that he would but the contractors may or may not have that ability to plug into an outlet. Stone Davis said that an outlet would be furnished. Erspamer asked about an employee review. Alan Richman said that was an acceptable condition. Erspamer asked i f the operations were in daylight hours. John Thorpe replied that was typical but in the event of emergencies that might change. Erspamer said only items necessary for the cemetery operation and there would be no storage of other items on the property. John Thorpe responded that other than their contractors and agents; there were numerous easements on this property and last summer had very little control over the work that went on in the sanitation department easement; the cemetery allowed that work in the cemetery rather than on the street for the upgrade of that sewer. Thorpe said there was a gas line on the north boarder. Erspamer did not like the approximate but minimum lot size but no more than 16.8 acres; minimum lot width no more than 545 feet; minimum front yard no more than 15 feet; minimum rear yard no less than 175 from the neighbor per site plan. MOTION: Jim DeFrancia moved to extend the meeting to 7:30 pm seconded by Brain Speck. Approved 5-1. Erspamer asked if the conditions from page 32 of the packet Condition 1. The Cemetery Association shall collaborate with the City Forester to establish a landscape plan and a landscape maintenance plan for the entire cemetery property including the north meadow and the Castle Creek corridor that is acceptable to the City. Condition 2. Heavy equipment shall be plugged in the night before when it is below 40 degrees. Condition 3. Operations shall be during the daylight hours except for recoded easement agreements. Condition 4. After 2 years the City Housing shall review employees. Alan Richman agreed to the conditions. MOTION: Jini DeFrancia moved to approve Resolutionl 1, series of 2009 with the amendments regarding equipment, daylight operations, the 2 year review on employees and the prohibition of a living unit, addition of truck plug ins, no vehicle storage from outside the cemetery use and the lighting standards that are more restrictive and approving the Conditional Use Review and recommending approval of Consolidated PUD, Amendment to the Official Zone District Map and 8 P266 Regular Meeting Aspen Planning and Zoning Julv 21,2009 Growth Management Review for an Essential Public Facility for the property 808 Cemetery Lane; seconded by Stan Gibbs. Roll call vote: Speck, yes; Gibbs, yes; Wampler, yes; Myrin, yes; DeFrancia, yes; Erspamer, yes; APPROVED 6-0. Discussion: Stan Gibbs asked about the top of bank, which was an official line on the drawing. Gram Means said the activity envelope was to the top of bank and what was included in that activity envelope was the turning space for trucks. Means said the spoils cribs were approximately 10 feet and the building itself was 58 feet from the bank. John Thorpe said they have that because along the exposed edge of that irregular top of bank and there is the place where trucks turn there are boulders. Stan Gibbs said there were 2 telephone poles there. Grain Means said they have worked hard to minimize the truck turning and how a dump truck enters the site and dump into the spoils crib and things like that. Gibbs asked what would prevent a truck from going over the bank. Means replied there was a detail showing boulders that would be place on the bank. Gibbs said that he would accept a boulder as a sufficient barrier at the top of bank. Means said the electric easement area has boulders. 434 EAST COOPER - BIDWELL LJ Erspamer opened the referral for the 434 E Cooper, Bidwell Project. Sara Adams said that staff was asking P&Z for re ferral comments regarding Commercial Design Review to HPC. HI>C will be hearing this case tomorrow night during a public hearing; this wasn't noticed it was just a courtesy referral. Adams said it was a 9,000 square foot lot with a demo and replace with a mixed use building to the commercial core historic district is why HPC has purview. Previously HPC granted conceptual commercial design and view plane exemption. P&Z recommended Subdivision approval to City Council, granted growth management for new commercial and affordable housing; all ofthose approvals that were granted during those reviews are still valid and P&Z will be seeing this again because there was more commercial proposed so there will be another growth management review. Adams said that the lack of public amenity space was of concern so the applicant was proposing 12% pedestrian amenity space with an 1.8 foot setback from the ' property line at 60 feet wide. The height on the original building was 41 feet to the highest point and now the height was dropped to 36 feet 7 inches. 9 P267 Regular Meeting Aspen Planning and Zoning Julv 21, 2009 Adams said that staff was recommending approval to HPC tomorrow night for commercial design review but there were two issues one was having a one story mass at the corner and the second conflict with historic design guidelines was the glazing at grade level. Stan Gibbs said that he was in favor of HPC looking at the massing at the comer. LJ Erspamer commended the match of the corners to Paradise. Bert Myrin agreed with the lower massing. Jim DeFrancia agreed. Adams said that the guidelines call for two stories and this was a concern of the public and Council to bring the massing and height down during subdivision review. Jim True asked why it was on the agenda as a public hearing. Jennifer Phelan stated that was a mistake. Public Comments: Junee Kirk, public, said this was an improvement but this was one of the most important corners in Aspen. Kirk asked the applicant to provide elevations along Cooper Street and Galena as well to compare the heights to the average heights. Kirk asked P&Z to recommend the full 25Â°/0 pedestrian amenity just like Paradise Bakery. Kirk also asked the building be limited to two stories as are all of the other buildings on that block. John Rowland said for the record Paradise Bakery was 6% pedestrian amenity. Toni Kronberg, public, said there was zoning in the city of Aspen with 2 historic districts, Main Street and the Commercial Core Historic. Kronberg said that she asked to refer staff to the Wienerstube lawsuit that was successful on the court level. LJ Erspamer closed the public comments. Cliff Weiss asked about the number oftrees being displaced. Mitch Haas replied none; they were beyond the property line. Weiss asked if the tenants were locked in. Haas replied that none of the tenants were locked in. Adams said this was a referral for mass, scale, pedestrian amenity and height. MOTION: Jim DeFrancia moved to extendthemeeting for 10 to 15 minutes; seconded by Brain Speck. Approved 5-1. , Weiss said that he liked the project and did not think that it was too high. DeFrancia said the P&Z was split on the height. Gibbs favored the two story. The 10 P268 Regular Meeting Aspen Planning and Zoning July 21, 2009 commissioners agreed on the public amenity space as proposed. LJ Erspamer asked to see an elevation from the alley. Adams stated that she would relay the P&Z comments to HPC. MOTION: Stan Gibbs moved to adjourn the meeting seconded by Jim DeFrancia. All in favor, approved. Adjourned at 7:50 pm. Jackie Lothian, Deputy City Clerk 11 1-116,T I P269 Drew Alexander m: Mike Maple [mmaple@dunrene.com] Dent: Tuesday, October 20, 2009 10:32 AM TO: Drew Alexander Subject: Red Butte Cemetery facilities I received a notice regarding Growth Mianagement review for the Red Butte Cemetery facilities. Why are these facilities being required to have a Growth Management Review? I reviewed materials and attended the P&Z hearings for this project when approval was granted.ldo not recall any discussionof growth management @ P & Z. I cannot claim to be well versed on Growth Management requirements, but my understanding is Growth Management is only required for new or increased uses, change of zoning, subdivision, etc- it seems to me the proposed maintenance facility is and always has been a permitted use under the existing zoning. C. Conditional uses. The following uses are permitted as conditional uses in the Park (P) Zone District, subject to the standards and procedures established in Chapter 26.425: 1. Recreation building. 2. Sport shop. 3. Restaurant facility. 4. Park maintenance building. the City subject itself to Growth Management when it built and expanded maintenance facilities on similarly zoned land @ the golf course? In all events, it seems to me that the proposed facilities in no way represent "growth" or increased utilization of facilities or increased employment. This should be a simple administrative decision and not require the City Council's time. I support and encourage a waiver of growth management review and/oranygrowth management requirements forthe Red Butte Cemetery Maintenance facilitiesas proposed. Please forward my comments to City Council for their consideration on this matter. Thankyou. Mike Maple 1250 Mountain View Drive Aspen, CO 81611 Phone : 970.925.9046 Fax: 970.925-1162 1 P270 444< BIT K. To: The Aspen City Council Attention: Mayor Mick Ireland From: Steven & Alexis Spiritas 80 Overlook Drive Aspen, CO 81611 Date: November 2,2009 Re: Red Butte Cemetery Board (RBCB) Consolidated PUD and Conditional Use Review We have lived next to the Red Butte Cemetery for 19 years, and have come to appreciate the beauty and serenity of both the active southern part and the north sage meadow. The cemetery has existed for over 100 years, and has seen periods when burials per year greatly exceed the handful that presently occur Thus, it is puzzling to us why suddenly the RBCB feels the need to construct this facility at a time when burials in the cemetery are declining year over year.. The RBCB has one part - time employee, and has always outsourced much ofthe maintenance of the cemetery. Given that this system has worked for over a hundred years, the justification for this project defies logic. While we support a plan to sustain the integrity and long term preservation of the historic cemetery, we do not feel that the size and scope of the building being proposed is well suited to the serenity and historic nature of the cemetery itself. We would like to see the RBCB do something that has a much lower impact on the site. The RBCB could repair ~ and make the current storage facility more attractive at far less cost and much less impact than what they are proposing. Although the proposed building is "one story", the high point of the roof is 18 feet - nearly the equivalent of a two story building. None of the equipment currently owned by the RBCB requires this height. If it is necessary in the future to purchase more equipment, there is a wide range of equipment available that would also not require such height. The size ofthe proposed building is about the size of a three car garage, and about 4 times the current storage space. This seems to be overkill based the equipment actually owned by the association. The turn - around area is also quite large compared to the equipment being used. All in all, the entire concept of this building and parking area seems completely out of context and scale for the park-like setting of the Red Butte Cemetery. In the currently proposed location, the only access to the maintenance build#igis yiÂ®lhe soil and glass lanes going through the active portion of the cemetery. It is unseemly to think of dump trucks, Waste Management vehicles, and other traffic and service vehicles rolling down the lovely lanes of the historic part of the cemetery to access this maintenance building. Future burial sites also will be affected on the west, north, and south, adjoining the proposed building, since those plots will adjoin and be adversely impacted by the structure. Another serious concern to us is the seasonal dryness and lack of irrigation in the north meadow. With increased activity in this area, the possibility of fire increases. Since the meadow abuts both the riparian and homes, fire could easily get out of control, roar P271 through neighborhoods, and even cross over to adjacent areas including the Aspen Institute. In previous meetings, concern has been expressed by us, by other neighbors, and by cemetery architects regarding the destruction of the native sage growing in the meadow. As the RBCB proposal currently exists, most ofthat native sage will be destroyed when the maintenance building is constructed. The RBCB has not indicated any willingness to take into consideration this issue and try to re - locate the building to preserve the native sage. We are concerned that no attention has been paid to the impact the proposed project will have on the wildlife that cunently utilize that meadow either as their home, or a comfortable and safe passage to and from the riparian area. Certainly before the approval for any sort of building or expansion, a wildlife impact study should be conducted and taken into consideration. Please see the photos being sent by separate copy which will give you a sense of the daily wildlife activity in the meadow. During the course ofthe submission process, the RBCB has asserted that the proposed facility cannot be re - located anywhere else in the north meadow due to the fact that plots are promised to others. They have further asserted that the maintenance facility cannot be located next to the historic cabin in the active portion of the cemetery for the same reason. We question these arguments based on the fact that we observed recent grading and sodding of a large area just north of the historic cabin to suggest that the space is being used for burial plots. This space has been bare for years, and was only sodded after we raised the issue of locating the maintenance building there. This issue needs to be examined because it appears that the grading/sodding was done to support their claim that the maintenance facility could not be located in that area. Certainly locating the maintenance facility adjacent to the historic cabin would solve many of the issues raised above, such as increased fire protection, less disruption of wildlife, preservation of the sage meadow, less construction damage, not having maintenance and trash vehicles driving through the cemetery, and so on. Although we hope that the City Council will not approve this project as it is currently proposed, if the approval is granted, it should only be with certain binding conditions, namely: Permitting should be dependant upon the presentation of an unconditional and irrevocable perfonnance bond from a reputable bonding company to insure that any construction will be completed in a timely manner. A landscape plan that will make the building look like a more natural part ofthe setting must be required and followed. Such landscaping should also shield the building and cribs from view of the surrounding houses, as well as grave sites. Height issues should be addressed either by changing the profile of the building itself, or by excavating so that the building is partially below grade. For example, P272 our own home was lowered 5 feet below grade on the south, and 16 feet on the east so that it would have far less impact on neighboring homes. No storage of outside or third party equipment should be allowed unless it is there or short term cemetery use. The applicant must provide sufficient irrigation to the entire north meadow to minimize the extreme fire potential. Require a wildlife impact study to insure that the development will not adversely affect wildlife. Please review our comments carefully, and we would be pleased to answer any questions the committee might have about those comments. We thank you for taking our comments into consideration when you make your decision on the PUD requested by the RBCB. Yours truly, Steven & Alexis Spiritas 4 4 A . L utEB- 2-9 in#fl,~ 4/21* , ~LEB~" /4.041.1/ , DÂ®k 94*li.:.I' 2~ . .1111(lili ,~% j.L..41 1 , 0, 1 41.1 0 I 7 .*t:'* Dti, 11/E4//i 1.1'.:11 , ''.1 Â¥ J .%4; f ' Â·/11'1' 14; 1 1,.. &4 *E.? f â‚¬ p -- 91*ip..1.fil ..., 1 1 31.14 " A . -' ~ 64*4. 1.:4 ' Â· 11 B---il-/ - 5 I tf Â· 7 ,0 0,im.ipt'.Â·94(- b,Â·81-.90:91 411.111111111! r " 4 1 1,41.,.1 1 1 ~11'T. 1 ..0,9.4%1 11 1.* 1 I.'.Â·:"I, 1. 1.... D j 0., k 1 Â· 44,4#14'1&** Â· Â·Â·Â· ,Â·i' ~~~~~~~il 1 -1-11! 61,1.2 ,.4 ti Â·,i #1;Â·-7Â·jtr-':~<I-13... 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' */ t zf - LY' i-- - 1 I - 4 .* .- I Â¢ + ..14 MAY, 2009 .t TABLE OF CONTENTS PAGE 1. INTRODUCTION 11. BACKGROUND INFORMATION 111. SUMMARYOF PROPOSEDDEVELOPMENT IV. CONSOLIDATED PUD REVIEW...................................6 V. CONDITIONAL USE REVIEW ...................................18 VI. GROWTH MANAGEMENT REVIEW FOR ESSENTIALPUBLIC FACILITY ....21 VII. VESTED RIGHTS Vlll. CONCLUSION .............................................. 24 EXHIBITS #1. HPC Resolution No. 30, Series of 2008 #2. Certificate of Ownership #3. Letter Authorizing Submission of Application #4. Pre-Application Conference Summary #5. List of Owners Within 300' of Subject Property (this will be submitted separately, no more than 60 days prior to the P&Z public hearing, to comply with the Code) GRAPHIC MATERIALS Aerial Vicinity Photograph Existing Conditions Plat Pictures Illustrating the Existing Cemetery Proposed Site Plan Activity Envelope Plan Conceptual Landscape Plan Exterior Elevations and Floor Plan Proposed Exterior Materials Illustration 1. INTRODUCTION This is an application requesting that the Aspen City Council approve the development of a small maintenance facility at the Red Butte Cemetery. The Cemetery's street address is 808 Cemetery Lane and its Pitkin County Parcel ID# is 273512200851. The Cemetery consists of approximately 16.8 acres of land that is zoned Park (P). The property is also designated as a historic landmark (H). HPC conceptual approval for the construction of the proposed maintenance facility was granted on December 10, 2008 (see HPC Resolution 30, Series of 2008, attached as Exhibit #1). The owner of the property is the Red Butte Cemetery Association, a Corporation (hereinafter, "the applicant"), which obtained a deed to the property in 1899. Proof of the ownership of the property and a legal description of the property are provided by Exhibit #2, a Certificate of Ownership provided by Pitkin County Title, Inc. A letter from the applicant authorizing Alan Richman Planning Services and Graeme Means, Architect, to submit this application is provided as Exhibit #3. A pre-application meeting was held with representatives of the Community Development Department prior to the submission of this application (see Exhibit #4, Pre-Application Conference Summary). Based on this meeting, the applicant is hereby submitting the following requests: Sec. 26.445: Planned Unit Development (Consolidated Review); Sec. 26.425: Conditional Use Review; and Sec. 26.470: Growth Management Quota System Review for Essential Public Facilities. The following sections of this application are organized to respond to the standards of the Aspen Land Use Regulations for these review procedures. First, however, the next sections of this application provide some additional background information about this project and a brief summary of the proposed development. Red Butte Cemetery Consolidated PUD, Conditional Use & GMQS Review Application Page 1 11. BACKGROUND INFORMATION The Red Butte Cemetery Association was incorporated in the 1890's for the purpose of establishing one of Aspen's original cemeteries. In 1899, the Association acquired nearly 17 acres from surrounding ranchers and water rights from Castle Creek. It has operated since that time as a non-profit corporation governed by a volunteer board of directors. An aerial vicinity photograph showing the entire Cemetery property and the surrounding neighborhood has been provided. The photograph illustrates the vast area of the Cemetery in relationship to the neighboring residential lots. These lots surround the Cemetery on three sides (north, south and west) and create an abrupt change from the open character of the Cemetery itself. Surrounding subdivisions include the Castle Creek Subdivision, Snowbunny Subdivision, West Meadow Subdivision, and Black Birch Estates. A plat of the Cemetery prepared by Aspen Survey Engineers has also been provided. It shows that the property has been platted with streets and burial blocks to ensure its orderly development. The aerial photograph and the plat illustrate that the Cemetery property generally consists of three areas, these being: 1. The front (southerly) portion, which has been actively used for cemetery plots; 2. The rear (northerly) portion, which is presently undeveloped, but has been piatted with roads and burial plots for future development as an extension of the developed southern portion; and 3. The area below the top of the bank, which drops down toward Castle Creek. This area is steep and undeveloped and remains in a relatively natural state. The front portion of the Cemetery is organized around two primary features: the burial plots and headstones, which are in ordered rows; and the cottonwood trees, which line the dirt paths in this part of the Cemetery. There is also a small Victorian-era cabin with an associated small out house located in the southeastern corner of the property. Pictures of these features have been provided at the back of this application booklet. The cabin currently serves multiple functions, including an office for cemetery record keeping with associated storage area, and an informal meeting place for people who need assistance or want to consult with the property manager on cemetery business. However, the cabin is not served by utilities nor is it properly insulated or finished on the interior for it to adequately meet the needs for conducting the Cemetery's business. Red Butte Cemetery Consolidated PUD, Conditional Use & GMQS Review Application Page 2 The developed portion of the Cemetery contains approximately 4,200 burial sites. The Association has recently studied its records and found that only approximately 600 of the 4,200 plots are still unused. However, approximately half of the unused plots are already committed to organizations such as the Jewish congregation and the Elks. The remaining plots are scattered throughout the developed Cemetery. Some of these are available in larger assemblies while other plots are fragmented due to prior sales. In recent years, the Cemetery has experienced in the range of 10 to 15 burials per year, plus a number of cremations. If this trend continues, or even if it accelerates to some degree, there is sufficient capacity in the developed portion of the Cemetery to accommodate the community's needs for the next 10 to 20 years. However, the availability of attractive plots for sale to the public is the primary source of the Association's income. As a result, the Association has decided that it is timely to start the process of identifying new areas of the Cemetery that will be developed in the future. The expansion of the Cemetery to the north would likely occur in small increments of several burial blocks at a time, beginning with the installation of irrigation pipes and other basic facilities to serve future burial plots. About 10 years ago the Cemetery Board began to deal with some serious issues of deferred upkeep of the property. The property is graced by more than 200 narrow-leaf cottonwood trees that are more than 100 years old. These trees are a critical element of the visual character of the historic Cemetery. Many of these trees are nearing the end of their normal life span and require regular pruning, removal and replacement. The Association has begun this replacement process and is working with the City Forester to ensure that this important resource remains vibrant for generations to come. The Association is also working with the City Forester to phase out some evergreen trees that were planted in the northerly portion of the developed area but have proven to be problematic. Work has also been completed to update the irrigation system, including a new head gate at the Holden Ditch and a new underground sprinkler system. Red Butte Cemetery Consolidated PUD, Conditional Use & GMQS Review Application Page 3 111. SUMMARY OF PROPOSED DEVELOPMENT The next project that the Cemetery Association needs to accomplish is the construction of a permanent maintenance facility for the Cemetery. The operation of the Cemetery requires a number of vehicles and many pieces of equipment to be available, including a pick-up truck, skid loader, four wheeler and trailer, large riding mower, motorized weed eaters, and various hand tools, rakes, shovels, hoses, sprinkler heads, and similar materials. Today, all of these vehicles and most of the equipment are stored and repaired in a temporary, fabric storage shed that was erected several years ago in the northeastern portion of the property. This temporary structure has no heat, electricity, or water service. There is also limited storage and repair that occurs in the cabin in the southeastern corner of the property. That structure has electricity and temporary heat, but does not have water service or a rest room. The applicant believes that the equipment storage and associated activity that is occurring in the southeastern corner of the property is inappropriate, as this area is the most serene, historic portion of the Cemetery. Moreover, the temporary structure in the northeastern corner of the property, which is the primary storage and repair facility, is inadequate, as it has no electric or water service. The fabric on the shed is torn and in need of replacement. The spoils piles that have been built up around the shed are unattractive, and the shed and spoils piles have received negative comments from several of the surrounding neighbors (see attached photos of the shed and spoils piles). During the HPC review process, contact was made with the City Parks Department and the City's Streets Department, each of which has its own maintenance facility in relative close proximity to the Cemetery. The purpose of those contacts was to determine whether either of these facilities had excess space that would permit the Cemetery's equipment to be stored and maintained there. The applicant was informed that neither of these facilities had sufficient space to accommodate the Cemetery's equipment, making the construction of a new facility a critical need. Therefore, the applicant concluded that a new maintenance facility should be built on-site. As the attached site plan illustrates, the applicant proposes to consolidate all Cemetery maintenance functions in a single location, generally where the temporary shed is now located. This is the best location for this activity to occur, since it respects the historic significance of the developed Cemetery, while at the same time placing the replacement building at a distance of approximately 175' from the northern property line and the closest neighboring residence and nearly twice that distance from any residence located along the west side of the Cemetery. All development would occur above the top of the creek bank, ensuring that the sensitive natural environment along the bank would not be impacted. Red Butte Cemetery Consolidated PUD, Conditional Use & GMQS Review Application Page 4 The site plan is depicted in greater detail on the proposed activity envelope plan. It shows that the maintenance facility would be a rectangular 40' x 32' building that would be located towards the rear of the proposed activity envelope. There would be a modest- sized concrete apron in front of the building for working on vehicles and equipment and a larger gravel work yard to the east and south of the building. The work areas have purposely been located on the east and south sides of the building to consolidate and internalize the activity, ensuring that the work areas do not face the neighboring residences. The work yard will also be depressed by several feet below grade, to make it less visible. Finally, the site plan shows three "cribs" that would be built to contain the spoils piles from burial and other Cemetery operations. The cribs will be buried several feet below grade and will be landscaped to minimize their visibility from surrounding areas. The floor plan for the new building shows that the maintenance facility would be a very simple building. It will have two garage bays within a shop, a small warm room for an employee's comfort, and a mechanical area. The total floor area of the building would be approximately 1,280 sq. ft. Elevations of the proposed building have also been provided. The elevations show that this would be a relatively low, one story building that uses traditional building forms and a sloped roof. The elevations also show that the land around the structure will be gently graded up towards the building along its northerly and westerly sides to help to screen it. The grading has been designed to follow the direction provided by the HPC in their conceptual approval that there should be no grading anomalies created around the building, maintaining the relatively flat site as it is today. Therefore, the applicant does not propose a berm around the building. The height of the structure would range from a low point of approximately 8' on its east and west ends to a high point of only approximately 18' to its center peak. The overall architecture of the building will be simple and utilitarian, which is in keeping with the statement in the Historic Preservation Design Guidelines that "Simplicity and modesty in design are encouraged" for new buildings on a historic parcel. Finally, the applicant proposes to restore the Victorian-era cabin and the out house in their present location. The exterior of the cabin will be gently restored. The interior of the cabin would be gutted and fitted with electrical service, insulation, and drywall. This will allow the cabin to function as a simple visitor's center, for the occasional meetings between users of the Cemetery and the property manager. A self guided directory would be placed outside of the cabin. This would help to limit visitor traffic to the front part of the property, and will reduce the need for vehicles to use the dirt roads within the Cemetery. Red Butte Cemetery Consolidated PUD, Conditional Use & GMQS Review Application Page 5 IV. CONSOLIDATED PUD REVIEW Section 26.445.010 of the Land Use Code identifies the purpose of the Planned Unit Development (PUD) overlay zone district in the City of Aspen. This designation is intended to encourage flexibility and innovation in the development of land so as to: (a) promote the goals, and objectives of the Aspen Area Community Plan; (b) achieve a better quality of design and a greater compatibility with surrounding land uses; (c) preserve valuable site features; (d) promote the efficient use of land; and (e) incorporate public input into the planning process and ensure sensitivity to neighborhood and community goals. The Community Development Department determined during the pre-application review that the project could proceed as a consolidated review of conceptual and final PUD, as authorized by Section 26.445.030 of the Land Use Code. This approach recognizes that the applicant spent considerable time during and since the HPC review process working with surrounding residents to design the site in response to neighborhood concerns. Nevertheless, the consolidated process will still allow public input and will provide the City with a means of reviewing site specific architectural and landscaping plans that commit the applicant to a detailed plan for the property. The standards for PUD review are found in Section 26.445.040 of the Code. The applicant's response to each of these standards follows below. A. General Requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. Response: The proposed development will be consistent with the Aspen Area Community Plan (AACP). Two key recommendations of the 2000 Community Plan which this project will promote are as follows: + Preserve and enhance our historic resources; and + Provide maintenance to protect and enhance the quality of our parks and open spaces. The applicant has agreed to preserve the existing Victorian-era cabin on the site. It will remain in its existing location. Its exterior will be gently restored and its interior will be remodeled so it can be used as a place where visitors to the Cemetery can meet with the property manager. Furthermore, the applicant proposes to locate the new maintenance building in the northeastern portion of the Cemetery, which will ensure that the character of the historic portion of the Cemetery will remain undisturbed. Red Butte Cemetery Consolidated PUD, Conditional Use & GMQS Review Application Page 6 The proposed maintenance facility will provide a building where the equipment needed for the operation of the Cemetery can be stored and maintained. These operations include not only burials, but also caring for the many trees on the site, keeping up the appearance of the Cemetery grounds, irrigating the landscaping, and similar tasks. These activities all help to preserve and enhance the historic character of the property and its highly valued open space. While this open space is privately owned and maintained, it is nonetheless of considerable importance to the neighborhood and the City as a whole. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. 3. The proposed development shall not adversely affect the future development of the surrounding area. Response: The applicant has taken great care to design this project such that it is consistent with the character of the surrounding neighborhood and will not have an adverse affect on the future development of the surrounding area. Right from the outset, the applicant chose to place the facility at a distance from the neighbors to the north and west of the Cemetery, to minimize the impacts from the proposed use. The applicant also chose to keep the size of the facility small and to limit the building to just one story, so that the building will be much smaller in scale than the surrounding residences. Finally, the applicant has designed the site such that the work yard faces toward the cemetery, and away from the residences, to further limit its impacts on the neighbors. It is also worth noting that when this project was first submitted to the HPC it included not just the maintenance facility but also a small affordable housing unit for the Cemetery's employee. This unit was a source of great concern to neighbors, who felt that having an individual or a family living within the Cemetery would negatively alter the character of this quiet, undeveloped area. Based on these comments, the applicant reluctantly agreed to remove the unit from the project. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final development plan review. Response: The proposed use is eligible for a growth management exemption as an essential community facility. Section VI of this application addresses the standards for obtaining this exemption. B. Establishment of Dimensional Requirements: The final PUD development plan shall establish the dimensional requirements for all properties within the PUD, as described in General Provisions, Section 26.445.040, above. The dimensional Red Butte Cemetery Consolidated PUD, Conditional Use & GMQS Review Application Page 7 requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During the review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. The proposed development requirements shall comply with the following: 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a. The character of, and compatibility with, existing and expected future land uses in the surrounding area. b. Natural or man-made hazards. c. Existing natural characteristics of the property and surrounding area, such as steep slopes, waterways; shade, and significant vegetation and landforms. d. Existing and proposed man-made characteristics of the property and the surrounding area, such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. Response: The project's proposed dimensional requirements are shown in Table 1. The Park (P) zone district does not have any underlying dimensional requirements, instead stating that its requirements shall be established via a PUD plan. Given the unusually large acreage of this property and the very modest size of the proposed development, the dimensional requirements for this project are not an especially meaningful set of measures. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding areas. Response: The proposed maintenance facility will be set back towards the rear of the property, at a significant distance from Cemetery Lane and from surrounding residences to the north and west. The footprint, mass, and floor area of the proposed structure are minute in comparison to the size of the property, leaving the vast majority of the site as open space. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a. The probable number of cars used by those using the proposed development, including any non-residential land uses. Red Butte Cemetery Consolidated PUD, Conditional Use & GMQS Review Application Page 8 TABLE 1 DIMENSIONAL REQUIREMENTS FOR THE PUD Requirement Proposed Conditions Minimum Lot Size Approximately 16.8 acres Minimum Lot Area Per Dwelling Unit Not applicable Minimum Lot Width Approximately 545 feet Minimum Front Yard Approximately 15' (Victorian cabin) Minimum Side Yard As shown on the site plan Minimum Rear Yard Approximately 175 feet Maximum Height Approximately 18' to peak of the roof Minimum Distance Between Buildings on Not applicable the Lot Minimum Percent of Open Space In excess of 95% of the site Maximum External Floor Area Ratio Proposed building is 1,280 sq. ft. b. The varying time periods of use, when joint use of common parking is proposed. c. The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d. The proximity of the proposed development to the commercial core and general activity centers in the City. Response: The maintenance facility will have two bays within which vehicles and other equipment can be stored and repaired. Additional vehicles and equipment can be parked within the work yard, as necessary. 4. The maximum density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a. There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. Red Butte Cemetery Consolidated PUD, Conditional Use & GMQS Review Application Page 9 b. There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Response: The applicant is not proposing any residential development, so this standard does not apply to this project. In any case, there is adequate infrastructure available to serve the proposed development. Water and sewer service can be extended from the nearby mains located to the west of the Cemetery. A conceptual layout for these extensions is shown on the proposed site plan. An initial evaluation of drainage needs has also been performed which found that stormwater can be managed on-site. Finally, Cemetery Lane provides a more than adequate level of access to the site for routine and emergency vehicle trips. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density may be reduced if: a. The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rock falls, and avalanche dangers. b. The effects of the proposed development are detrimental to the natural watershed due to runoff, drainage, soil erosion and consequent water pollution. c. The proposed development will have a pemicious effect on air quality in the surrounding area and the City. d. The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes disturbance to critical natural features of the site. Response: The applicant is not proposing any residential development, so this standard does not apply to this project. In any case, none of the listed hazards apply to the area proposed for development of the maintenance facility. 6. The maximum density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a. The increase in density serves one or more goals of the community, as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. Red Butte Cemetery Consolidated PUD, Conditional Use & GMQS Review Application Page 10 b. The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5 above, those areas can be avoided, or those characteristics mitigated. c. The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. Response: The applicant does not propose to increase the project's density through the PUD. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. Response: The applicant has taken great care to preserve the key natural and man- made features of the site. The maintenance facility has been sited to respect the character of the historic portion of the Cemetery. It has also been sited to avoid the sensitive natural features below the top of the bank, and to avoid disturbing (and instead, to restore) the vast majority of the existing sage meadow at the rear of the property. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas Response: Clustering is not applicable since only a single structure is proposed. Nevertheless, significant open spaces and vistas will be preserved by locating the structure far to the rear of the property and keeping it quite modest in scale. 3. Structures are appropMately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. Response: This standard does not apply to this property or this proposal for development. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. Red Butte Cemetery Consolidated PUD, Conditional Use & GMQS Review Application Page 11 5. Adequate pedestrian and handicapped access is provided. Response: Emergency and service vehicles will be able to access the maintenance facility using the existing gravel roads within the Cemetery. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Response: An initial evaluation of site drainage needs for the building and the work yard has been performed by a civil engineer. It is the engineer's opinion that storm drainage will not be a significant problem for this project because the soils are absorbent and will drain naturally. Roof drainage can be managed on-site and will most likely be routed to a drywell, which has been shown on the activity envelope plan, or to a natural swale. A more detailed drainage study will be submitted at the time of building permit review. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Response: This standard does not apply to this proposed development. D. Landscape Plan. The purpose of this standard is to ensure the compatibility of the proposed landscape with the visual character of the City, with surrounding parcels, and with existing and proposed features of the subject property. The development plan shall comply with the following: 1. The landscape plan exhibits a well designed treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of omamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3 .The proposed method of protecting existing vegetation and other landscape features is appropriate. Response: A proposed landscape plan, prepared by Sarah Chase Shaw, Landscape Architect, in collaboration with a group of Cemetery Lane neighbors, is included with this application. The landscape plan has been designed to buffer the maintenance facility and work yard from surrounding residences and from the rest of the Cemetery. This will be accomplished by clustered planting on the north, south and west sides of the building. The plantings will use native trees and shrubs found in the area, including Aspen trees, Gambel Oak and Serviceberry bushes. In addition, the applicant intends to re-vegetate Red Butte Cemetery Consolidated PUD, Conditional Use & GMQS Review Application Page 12 disturbed areas around the maintenance facility, including areas previously disturbed by the temporary shed and surrounding spoils piles. These areas will be re-vegetated using the City of Aspen's pasture mix, including sagebrush and other native shrubs and grasses. All other existing vegetation throughout the Cemetery and below the top of the bank will not be disturbed by the project. The applicant has designated a proposed activity envelope around the maintenance facility and will install a construction fence along that envelope, to ensure that disturbance is limited solely to that area. E. Architectural Character. It is the purpose of this standard to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan an architectural character plan which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 1. Be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. Response: Proposed elevations have been submitted with this application, depicting the proposed facility. The building has been designed as a simple, low structure with a minimal visual impact. The building will be just one story in height, ranging from approximately 8' on its east and west sides to 18' to its center peaked form and will contain only 1,280 sq. ft. of floor area, which will make it a minimal scale facility on a property that is almost 17 acres in size. The building will have traditional forms and a sloped roof, to be compatible with the scale and massing of the Victorian-era cabin that is located towards the front of the Cemetery. It will use materials that are appropriate to both the historical context and to the utilitarian nature of its use, including corrugated rusted steel panels and rough sawn wood (see attached illustration of proposed exterior materials). These principles were presented to and approved by HPC during its conceptual review of the project. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non-or-less intensive mechanical systems. Red Butte Cemetery Consolidated PUD, Conditional Use & GIVIQS Review Application Page 13 Response: Although the design does not incorporate solar access due to the lack of glazing on the south facade, the applicant proposes to limit the heating system to the warm room, leaving approximately 75% of the structure (the bays and the mechanical room) without an active mechanical system for heating or cooling. 3 .Accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. Response: Snow shedding is not expected to be a significant problem for this structure. The roof has been designed to direct snow to shed away from the south side of the building, so it does not impact the work yard. There are also substantial open areas beyond the work yard that can function as snow storage areas, as necessary. The site will be graded so that it slopes away from the building, providing positive drainage. F. Lighting. The purpose of this standard is to ensure the exterior of the development will be lighted in an appropriate manner, considering both public safety and general aesthetic concerns. The following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall be in compliance with the Outdoor Lighting Standards, unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Response: All proposed lighting will comply with the City's outdoor lighting standards. The applicant plans to use a standard dome fixture above the garage door (see building elevations) with a gooseneck bracket. The fixture will be down-lit, shielded and less than 12' above grade to prevent direct glare from spilling onto nearby residences. A small light fixture will also be tucked under the shed roof over the exterior main door to the building, as required by the Building Code. G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. Red Butte Cemetery Consolidated PUD, Conditional Use & GMQS Review Application Page 14 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. Response: The Cemetery functions as a privately owned open space area that has been enjoyed for many years by neighbors and residents of the entire community. The maintenance facility will help to ensure that the Cemetery can be operated as a beautiful open space for many years to come. H. Utilities and Public Facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities, or site improvements are provided appropriately where the developer is reimbursed proportionately for the additional improvement. Response: As noted above, adequate facilities are present in the neighborhood to accommodate the proposed development. The facility extensions that are needed to serve the project will be provided at the applicant's expense, so there will be no net cost to the public for providing these facilities. 1. Access and Circulation. The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and trail facilities, and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. Response: Access to the property is provided from Cemetery Lane, a public road. Red Butte Cemetery Consolidated PUD, Conditional Use & GMQS Review Application Page 15 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. Response: The maintenance facility will not generate any new traffic in the area. As a result, no road improvements are proposed as part of this development. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. Response: No new trail dedications are proposed as part of this project. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. Response: The applicant is not aware of any trail recommendations from the AACP that affect this property. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. Response: There are no streets planned within the project. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. Response: The historic entry gate is a visible symbol of the Cemetery that will remain. No other gates or entryway expressions are planned as part of this project. J. Phasing of Development Plan. The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: . 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. Red Butte Cemetery Consolidated PUD, Conditional Use & GMQS Review Application Page 16 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees-in-lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Response: A phased development is not proposed for this project. Red Butte Cemetery Consolidated PUD, Conditional Use & GMQS Review Application Page 17 V. CONDITIONAL USE REVIEW A maintenance facility is listed as a conditional use in the Park (P) zone district. Section 26.425.040 of the Aspen Land Use Regulations establishes the standards for review of a conditional use. Those standards, and the applicant's responses, are as follows: A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, with the intent of the Zone District in which it is proposed to be located, and complies with all other applicable requirements of this Title. Response: The proposed conditional use will be consistent with the Aspen Area Community Plan (AACP). Two key recommendations of the 2000 Community Plan which this project will promote are as follows: + Preserve and enhance our historic resources; and 0 Provide maintenance to protect and enhance the quality of our parks and open spaces. The applicant has agreed to preserve the existing Victorian-era cabin on the site. It will remain in its existing location. Its exterior will be gently restored and its interior will be remodeled so it can be used as a place where visitors to the Cemetery can meet with the property manager. Furthermore, the applicant proposes to locate the new maintenance building in the northeastern portion of the Cemetery, which will ensure that the character of the historic portion of the Cemetery will remain undisturbed. The proposed maintenance facility will provide a building where the equipment needed for the operation of the Cemetery can be stored and maintained. These operations include not only burials, but also caring for the many trees on the site, keeping up the appearance of the Cemetery grounds, irrigating the landscaping, and similar tasks. These activities all help to preserve and enhance the historic character of the property and its highly valued open space. While this open space is privately owned and maintained, it is nonetheless of considerable importance to the neighborhood and the City as a whole. The purpose of the Park (P) zone district is "to ensure that land intended for recreation use is developed so as to serve its intended use, while not exerting a disruptive influence on surrounding land uses". Clearly this purpose statement, with its focus on recreation, does not fit well with the use of this land as a Cemetery. It is our understanding that this property was zoned Park in the 1970's, following the adoption of the Aspen Land Use Plan. Cemetery is not listed as a permitted or conditional use in the Park zone (although maintenance facility is listed as a conditional use), making this zoning somewhat of a clumsy fit for this property, which has been used Red Butte Cemetery Consolidated PUD, Conditional Use & GMQS Review Application Page 18 as a Cemetery for more than a century. In fact, it appears that the only zone district that lists cemetery as a permitted or conditional use is the Conservation (C) zone district. Nevertheless, the applicant does not propose any change to the underlying zoning. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. Response: The Cemetery is surrounded on three sides by residential subdivisions. The residents of those subdivisions benefit from the presence of the Cemetery. It provides a significant area of private open space in the Cemetery Lane neighborhood and an important historic resource for residents to appreciate. The applicant has designed the proposed maintenance facility to ensure it will be compatible with and minimize its adverse effects on the surrounding residences. The elements of the site plan and building design that ensure this compatibility are as follows: * The applicant could have chosen to locate this facility in the northwestern corner of the property, to further isolate it from the ongoing Cemetery operation and from the future cemetery plots. This location would have also minimized the length of the necessary utility extensions to the building, thereby reducing the Association's costs. However, placing the maintenance facility in this location would have caused a significant impact on surrounding residences. Therefore, the building has instead been placed toward the eastern side of the property, approximately 175' from the northern property line. This location ensures that vast majority of the existing sage meadow in the northern portion of the property will remain intact and provides a significant buffer area between the facility and its nearest neighbor. * The maintenance yard and materials storage areas have been arranged so they will be internalized within the work yard in front of the building. These uses will face the Cemetery and be less visible from surrounding residences. The spoils piles will be consolidated within defined "cribs" that are buried several feet below grade. This will be a significant improvement over the current situation, where the spoils piles sit out in the meadow in an unsightly manner. * The building has been designed as a simple, low structure with a minimal visual impact. The building will be just one story in height, ranging from approximately 8' Red Butte Cemetery Consolidated PUD, Conditional Use & GMQS Review Application Page 19 on its east and west sides to 18' to its center peaked form. The building has been designed using traditional forms and a sloped roof. It is proposed to be just 1,280 sq. ft. in size, which is a truly insignificant amount of floor area on a property that is almost 17 acres in size. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Response: The proposed maintenance facility will place very limited demands on public facilities. Water supply and sewage disposal facilities can be extended to the proposed building site. There will be no increase in impacts on City streets or any of the listed public services as a result of the proposed development. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. Response: There will not be any new employees generated by the construction of this facility. The Cemetery is largely served by its volunteers and has just one employee at the present time. If the City so requires, the applicant would agree to submit documentation to the Housing Authority at an appropriate time following completion of the facility, demonstrating that the Cemetery is in compliance with this representation. Red Butte Cemetery Consolidated PUD, Conditional Use & GMQS Review Application Page 20 VI. GROWTH MANAGEMENT REVIEW FOR AN ESSENTIAL PUBLIC FACILITY Section 26.470.090.4 of the Land Use Code provides the Growth Management Quota System review standards for essential public facilities. It states that the City Council may approve such a facility if the following standards are met: (a) The Community Development Director has determined the primary use and/or structure to be an Essential Public Facility (see definition). Accessory uses may also be part of an Essential Public Facility. Response: The definition of an essential public facility requires the facility to serve an essential public purpose, be available for use by the general public, and serve the needs of the community. The applicant requests that the Community Development Director determine that the proposed maintenance facility is an essential public facility for the following reasons: 1. The Cemetery serves the essential public purpose of public burial. The maintenance facility itself is essential because it allows the applicant to store and maintain equipment needed for daily Cemetery operations. 2. The plots at the Cemetery are available for purchase by the general public. 3. There is a considerable inventory of unused plots at the Cemetery which will serve the needs of the community for many years into the future. (2) Upon a recommendation from the Community Development director, the City Council may assess, waive, or partially waive affordable housing mitigation requirements, as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. The Employee Generation Rates may be used as a guideline but each operation shall be analyzed for its unique employee needs, pursuant to Section 26.470.100, Calculations. Response: The Cemetery Association has had one part time employee for many years. The Association does not have any intention of adding any new employees as a result of developing the maintenance facility, so no mitigation should be required for this project. It should be pointed out the Cemetery Association originally planned to develop a two bedroom affordable housing unit that would have been attached to the maintenance facility and would have provided housing for the Association's employee. The proposed dwelling unit turned out to be a controversial element of the development program for neighbors and for members of the HPC, leading the applicant to eliminate the unit from the application in order to obtain HPC conceptual approval. Acquisition of an affordable Red Butte Cemetery Consolidated PUD, Conditional Use & GMQS Review Application Page 21 housing unit remains an important goal of the Association so it can attract and retain an employee over the long term. This is critical to the future of the Cemetery, because the position requires the employee to have thorough knowledge of the Cemetery's operation and equipment, which calls for training and experience. The applicant looks forward to working closely with the City to find an appropriate way to provide an affordable housing unit for the Association's part time employee. The Association would like to be able to step forward and address this need because doing so will be of great benefit to the long term ability of the Cemetery to serve the community. General Requirements for Growth Management Review An applicant requesting growth management review is also required to comply with the General Requirements for all Growth Management applications, as stated in Section 26.470.050 of the Code. Following are the applicant's responses to these standards. 1. Sufficient growth management allotments are available to accommodate the uses, pursuant to Section 26.470.030 D. Response: There is no annual limit on essential community facilities. 2. The proposed development is consistent with the Aspen Area Community Plan. Response: The proposed maintenance facility is consistent with several fundamental elements of the Aspen Area Community Plan. Some recommendations of the 2000 Community Plan which this project will promote include the following: + Preserve and enhance our historic resources; and + Provide maintenance to protect and enhance the quality of our parks and open spaces. Please see the responses in Section IV and V with regard to PUD and conditional use review for a complete response to this standard. 3. The development conforms to the requirements and limitations of the zone district. Response: The Cemetery is zoned Park (P). A maintenance facility is listed as a conditional use in the Park zone district. A request for conditional use approval is included in Section V of this application. The dimensional requirements of the Park zone district are established by PUD review. A consolidated application for conceptual and final PUD review is included in Section IV of this application. Red Butte Cemetery Consolidated PUD, Conditional Use & GMQS Review Application Page 22 4. The proposed development is consistent with the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval, and the Conceptual Planned Unit Development approval, as applicable. Response: The proposal is consistent with that presented to HPC on December 10, 2008, the date on which HPC granted Conceptual approval in HPC Resolution 30, Series of 2008 (see Exhibit #1). 5. Unless otherwise specified in this Chapter, sixty (60) percent of the employees generated by the additional commercial or lodge development, according to Section 26.470.100.A, Employee Generation Rates, are mitigated through the provision of affordable housing. Response: As described above, the Cemetery is currently served by one part time employee. There will be no change to this level of employment as a result of the proposed development. If the City so requires, the applicant would agree to submit documentation to the Housing Authority at an appropriate time following completion of the facility, demonstrating that the Cemetery is in compliance with this representation. 6. Affordable housing net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher, shall be provided in an amount equal to at least thirty (30) percent of the additional free market net livable area for which the finished floor level is at or above natural or finished grade, whichever is higher. Response: No free market residential area is proposed, so this standard does not apply to this project. 7. The project represents minimal additional demand on public infrastructure or such demand is mitigated through improvements proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking, and road and transit services. Response: The proposed maintenance facility will place very limited demands on public facilities. Water supply and sewage disposal facilities can be extended to the proposed building site. There will be no increase in impacts on City streets or any of the public services listed above as a result of the proposed development. Red Butte Cemetery Consolidated PUD, Conditional Use & GMQS Review Application Page 23 VII. VESTED RIGHTS Pursuant to Section 26.308 of the Aspen Municipal Code, the applicant hereby requests that this development be granted vested rights status. VI11. CONCLUSION The above responses and the attached exhibits provide the materials that were requested for this application and demonstrate the compliance of the proposed development with the applicable standards of the Aspen Land Use Code. The applicant has been working toward this stage of the review process for approximately the last 18 months, cooperating with the Historic Preservation Commission and Cemetery Lane neighbors to arrive at a proposal that we believe is consistent with the Code and appropriate and necessary for the future of the Cemetery. Should any reviewing agency request additional information, or need for the applicant to clarify any of the statements made herein, the applicant will respond in a timely manner. Please contact us as necessary. Red Butte Cemetery Consolidated PUD, Conditional Use & GMQS Review Application Page 24 EXHIBITS EXHIBIT #1 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) APPROVING AN APPLICATION FOR MAJOR DEVELOPMENT (CONCEPTUAL) FOR RED BUTTE CEMETERY, 808 CEMETERY LANE, A PARCEL OF LAND LOCATED IN SECTIONS 1 AND 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M., CITY AND TOWNSITE OF ASPEN CITY AND TOWNSITE ASPEN. RESOLUTION NO. 30, SERIES OF 2008 PARCEL ID: 2735-122-00-851 WHEREAS, the applicant, Red Butte Cemetery Association, represented by AIan Richman Planning Services and Graeme Means, Architect, has requested Major Development (Conceptual) for the construction of a new maintenance building at Red Butte Cemetery, located at 808 Cemetery Lane, a parcel of land located in Sections 1 and 12, Township 10 South, Range 85 West of the 6th p.M., City and Townsite of Aspen; and WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and alf*oved in accordance with the procedures established for their review;" and WHEREAS, for Major Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project' s conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, Amy Guthrie, in her staff report dated December 10, 2008, performed an analysis of the application based on the standards, found that the review standards and the "City of Aspen Historic Preservation Design Guidelines were met and recommended the application be approved with conditions; and WHEREAS, at their regular meeting on December 10, 2008 (after opening and continuing the public hearing on this matter on January 9,2008, February 27th,2008. and June 11.2008) the Ilistoric Preservation Commission considered the application, found the application was consistent with the review standards and "City : of Aspen Historic Preservation Design Guidelines" and approved the application with conditions by a vote of 5 to 0. NOW, THEREFORE, BE IT RESOLVED: HPC hereby grants Major Development (Conceptual) approval for a new maintenance building at Red Butte Cemetery, 808 Cemetery Lane, a parcel of land located in Sections 1 and 12, Township 10 South, Range 85 West of the 6'h P.M., City and Townsite of Aspen, with the following conditions: 1. The building is to be set at natural grade, or slightly below grade, to avoid any berming or anomalous forms in the landscape. Depressing the workyard slightly below grade is acceptable. 2. Consider placing the building orthogonal to the gridded plots of the cemetery, to be evaluated with HPC at Final approval. 3. Develop a comprehensive plan for management of the cemetery landscape, including the open meadow. 1. APPROVED BY THE COMMISSION at its regular meeting on the 10th day of December, 2008. Approved as to Form: <jim True, Assistant City Attorney Approved as to content: HIS RIC~~SEI~yez1522&11*WON 1l (* Ii_~ Michael Hoffman, Chair ATTEST: 1'.1 414Â«44-U Kathy Strickland, Chief Deputy Clerk EXHIBIT #2 CERTIFICATE OF OWNERSHIP Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that THE RED BU1TE CEMETERY ASSOCIATION, A CORPORATION is the owner in fee simple of the â€¢ following described property: A parcel of land located in Sections 1 and 12, Township 10 South, Range 85 West of the 6th P.M., more ' particularly described as follows: Bounded on the South by Castle Creek Subdivision (Plat Book 2A at Page 241); Bounded on the East by the Aspen Meadows (Plat Book 28 at Page 7); . Bounded on the North By Black Birch Estates (Plat Book 3 at Page 244): Latta Gubser Condominium (Plat Book 10 at Page 37): and West Meadow Subdivision (Ditch Book 2A at Page 245); Bounded on the West by Snowbunny Subdivision (Plat Book 2A at Page 229) and Easterly Right of Way of i Cemetery Lane. ADDRESS ACCORDING TO THE PITKIN COUNTY ASSESSORS OFFICE: 808 CEMETERY LN ASPEN, CO. 81611 ' ENCUMBRANCES: NONE This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. PITKIN COUNTY TITLE, INC. ' BY: i ~t- ' authorized signature CERTIFIED TO: November 3,2007 at 8:00 A.M. EXHIBIT #3 Ms. Jennifer Phelan, Deputy Director Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: MAINTENANCE FACILITY FOR THE RED BUTTE CEMETERY Dear Ms. Phelan, We hereby authorize Alan Richman Planning Services and Graeme Means, Architect, to act as our designated representatives with respect to the application being submitted to your office for the Red Butte Cemetery. Alan Richman and Graeme Means are authorized to submit the land use applications necessary for the review of this essential public facility. They are also authorized to represent us in meetings with City staff and the City's review bodies. Should you have any need to contact us during the course of your review of this application, please do so through Alan Richman Planning Services, whose address and telephone number are included in the application. Sincerely, 3-46-- 16(-U*Â» Red Butte Cemetery Association John Thorpe, President P.O. Box 194 Aspen, Colorado 81612 EXHIBIT #4 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Amy Guthrie, 429-2758 DATE: 01/20/09 PROJECT: Red Butte Cemetery REPRESENTATIVE: Alan Richman OWNER: Red Butte Cemetery Association (represented by Stony Davis and John Thorpe) TYPE OF APPLICATION: Conditional Use, GMQS (Essential Public Facility), PUD DESCRIPTION: The Association needs to develop a small storage building for the equipment they use on site. This new structure is planned to be built in the undeveloped north meadow of Red Butte Cemetery. HPC has granted Conceptual Major Development and the applicant will return for Final review when all other land use approval requirements are met. Red Butte Cemetery is currently zoned Park (P), but cemetery is not listed as an allowed use in the district. A park maintenance building is a Conditional Use. The applicant must receive Conditional Use approval from the Planning and Zoning Commission, and GMQS exemption for the building as an "essential public facility." The Park zone district states that all dimensional requirements are established through a PUD process. Staff recommends that a consolidated PUD is appropriate for this relatively small project. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.425 Conditional Use 26.445 Planned Unit Development (PUD)- Consolidated application if approved by CDD 26.470.090.4 GMQS, Essential Public Facilities 26.710.240 Park Zone District Review by: Staff for complete application; the Community Development Director for Consolidated PUD approval; P&Z for Conditional Use approval and recommendations on PUD and ESA; City Council decision on PUD, and ESA. Public Hearing: Yes at all hearings before P&Z and City Council (except First Reading of Ordinance.) Planning Fees: $2,940.00 Deposit for 12 hours of staff time (additional staff time required is billed at $245 per hour). Non-profit can request fee waiver from CDD. Referrals: Parks- $212 Engineering- $212 Total Deposit: $3,364.00 To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Signed fee agreement. 4. Completed Land Use Application. 5. Completed dimensional requirements form. 6. Pre-application Conference Summary. 7. An 8 1/2" x l l " vicinity map locating the subject parcels within the City of Aspen. 8. Proof of ownership. 9. Site Improvement Survey. 10. Proposed site plan. 11. Proposed floor plan. 12. Proposed elevation plan. 13. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 14. List of adjacent property owners within 300' for public hearing. The GIS department can provide this list on mailing labels for a small fee. 920.5453 15 Copies of prior approvals. 16. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. 20 Copies of the complete application packet for P&Z and Council. Process: Apply. Planner checks application for completeness. Application is then referred to applicable referral agencies. The Applicant is then assigned a public hearing date by Staff and Staff writes a memo of recommendation. Planning and Zoning Commission reviews application and makes a recommendation to City Council on requests. City Council makes final determination in the form of an ordinance. 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. GRAPHIC MATERIALS . 4~ ..: , r ,% 7 . 9 - 0 'p. 8 3 drill r , r. Ey 1 :.. . -- W 't W 1 .. ... -i . 9 ./ ..F, , 41 , k 8, , 0 , . . 4 - 4. C . I. .-1- , I ' *~ '.-"44 ., 4 64, -Â· 72"3, ,(,1 %. i,Â¢ 7 . (' e.it .9...V; 4. 0 , 4. t . .4 ' ' lf.1 .1 thi 1.7-..h V.,4- -. .13.42'* i. w . , 47//L-/I /*i,& - .t-* - 4. 00 . 446 ' --' Fm/Al. ga Fr- T m , .r-- 1,1 -f..~. , -1 ,- 914 â€¢i , 'i . Ir.14 '.. . f 4 1* ... J.,1 L.' 'lliv .- . yrt.MB' 1 4 A,Ki 1 0 4. , 2%* 1.. , 4 -17 I -- ...r 4 1.Ty.. f - . ili D- . 11 f. . 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I .7 C .: .al .,P . # 15. d *4 1,ZI A 4 '11'f, < I. 4 , 1 .A .$ . 16. .it, - . ... r 14. , 4 Â·lutilj .... , 1 Iii 'F . . M '.â€žM + 4 .e -1 rf j , 1 , 111. - 40 . 5 /. I 4 .. I. r ' , -f' 1 4 13 f - 1-" f k == *. r - 4. .. -' 4. 7~#4 . 10'1 - # c 'Â£ ' . %..11 <# r . Â¥ 'F'. E.lk. iv..k --' .40,1 ..9 r, d-h ' I. 4 4, , 7. 1.P, 1 , , , - Â· 1/VE,1/4 1% : . ' -1 I Jr.it ia ' â„¢ , 4#IM/*14 lt)44 4 4 ' -. .2 4 . I.' 1 1-I. r . 1 Â¢ P.199Â¥ I % t 1 .Ar 4 y." & 1 ' E ' 1, I â€ž'r .Al t'q# 1 . 11.,44.F.., .75'llbu . 20 - 4 16..Ell I ' %.# 1.... t, .. 42-i,~,~_ .,r- 4 -- *SU#V//L A Â· * 1:â€¢ 41' '4 1. . 1 4 57 ' ** .- - I' . d .Hi#* '+I~: 4-..0 J. I <' f.4/ 1 Jilm,K f: , i. 1: 20/4/ '9. .f k. f . * ? .4 iu Â· da.~Â· 4" Iâ€ž4,I'~79M,/0*'r :f A- 19, W 1 94,..La , :L ' ./.4* : 77 6 1Â·Â·iki~"' . 1 , 460222(AD#.40.h \,t,11 . I 3,3 f '.. vg.~Cr~t 'T 4 , -f' A . 14 - : *2 1, 4 1 .47- 1 9 9 4 I ./ fl' L ' /t . 711*6- , f *F L, Â¥ 1/liers,r, 4 f 9.,; , faw. 1~ ' ' 4'#.I '1 U. 1. , A. A. 4 1 , C. . 9.:L ~b , 1 .-41/ 4116 4. 1 .d~ 0 4 - 04, ' 1 .Â»1 liter * 9 mo , 1 . .,4 0 4 e I ?%~ 7 + */4 * + 741~- # 3| 4 1 I 1 , '. * ' --9 4 49-Wir'*.0- , t'll , J . 1-1- A..d.ly. .' ' 4 4"Adiwil, 1/.9/fil/it- I ''f / .6 7/ . lit:#C ' j~,4,5 / 2 I : . W , 1,~ .'i~..' 1 . Â¥ 7= 1 * /11.A/* 1r AA rr -". ' *W' . t . V .â€¢ . 17 4,4.2 1 4 4 ,..4 I r. W ~1" I 0 Â·Â· 1 '0,~â€¢~~ ) . 09* litl" I 4/WMA .4 ./ 4 *t * 4' D 44 1â„¢ .AR#. D'STANCE L 1 N 12- 25 j 1 V 4.0 L/ N 00Â·21 15* 34 92 LJ S â€¢1'05'50*E 8 2/ ~ WEST MEADOW;SUBDIVISION DITCH 800% ~A PAGE 2245 LOT 7 LOT . LATTA GUBSER 5 REBAR IN#5'15 /1 ' HORZ CONTROL C O N DOM I N 1 UM NPC 1~707 BLACK BIRCH ESTATES 5 REBARPLAT BOOK 10 PAGE .37 J~ ~ 84. # ./ M ~2707 LOT , 107 4 ~ ~ RED 25947, Bt ACK 8 1 'CH SUeD FLAT 800* 3 PAGE 244 1--50Â· 0 4 RE8AR ELEC 1 - "20/ . ..DI' /1 4 1,1 CONC GAS U 1 L----- RPC !6129 o So 1 00 ' ' -- -- VAULT 1 -- , /'40 J ' 3 REBAR LOT , -- 10Â· HOLY CROSS ELE RIC 84.01Â·. , 30.0Â·3 EASEHENT BOOK 722 GE 147 - 1 1 7 69. Zl EASEI IT BOOK 602 PAGE ek2 < iu â€ž Y CROSS ELECTR~--==- 8, 11 78,5 79 8 4 0. 7 - U LOT 7 ~1 GA, L INE ~S 4GGED ~ 1 44 LINE AS FLAGGED 10/05 1 1 , 3.1 t / k0 CITY OF ASPEN Ell - 1 0 *0 0 n 4 REBAR s ..11~8~11.-al-@EE.:21.1--4----..._.. .. -S %5721 1954/78 BLI 9 2 :EC- ICÂ»1 l INE + IN 01-02Â·20-,1 .4 'I 1 BRASS CAP 4 REEM 9ECTION CORNEÂ» - - - - 4 0 ; ALL t 11 i / L GAS LINE AS Fl OCED 10/05 -%%Â£ N-- LOT 8 3 E- / OPOSED UÂ»OERIRCUIÂ® HOLY CROSS ELECTRIC ASEMENT BOOK 602 PACE \ U 872 AS CONSTRUCTED ---- THâ‚¬ FOOT OF THE SLOPE 7.40 5 ~â‚¬'* 30 wotl CROSS EC|brric STEEL ROD --- EASEWE/ BOOK 766 PAGE 202 -1 2 C 10 OUT 0, GROUND RED BUTTE CEMETERY LEGAL DESCRIPTION 2 2 -/1,4. I PARCEL OF LAND LOCATED IN SECT IONS 1 AND 12 TOWNSHIP 10 SOUTH 1/9 / RANGE 85 VEST OF THE 6,h P M CITY OF ASPEN 'PITKIN COUNTY m $ 4. COL O R A DO, MOR E P AR T 1 CUL AR : Â¥ r.Â¢SCR 1 FIF O AS /01 ( 5/6 ' 2 655*fl ,i Â»46 4 : BOUNOED ON THE= 50UTH 8Y CASTLE CREEK SUBDIVISION (PLIT BOOK ZA PAGE 241 1. 8EGINNING AT THE NORTHWEST CORNER OF { OT 10 0, 74 3 +4 CA4TIF CRFFK 90801.19~AN THFNCE 5 84+14 00' E 546 03 FEET I~ BOUNDED ON THE EAST BY THE ASPEN MEADOWS I PLAT BOOK 28 ./GE I) LOT 9 1 // \ '4\ e 2 THENCE N :726 11Â· ,48 rEET THENCE N 1/40 !5Â· E 84'75 FEET THENCE \ r \ .- N I rot 15' I 65 CO FEET THENCE H I 133 NOÂ· E 95.67 FEET M 0150'70 E . 4 4 04 FEEl THENCE N 14Â·30 25 W 64.31 FEET THENCE N 04Â·08 30Â· I 286 13 I . FEET THENCE N 2!'28 50 W !7! 56 FEEr. IMENCE H !52! !5* E 305.87 FEET THENCE N 01Â·02'20Â· W 33 38 rEET \ k x ALSO BOUNDED ON THE EAST BY THE CITY OF ASPEN THENG N 01Â·02 20- I 102.97 FEET TO THE SOUTHERN 80UNDAPÂ¥ oF 5Â£~ / 8 RLACK BIR/4 6/.ATES \ ,4 1 BOUNDED ON THE NORTH 28 LACK 81 RCH ES TATES:PLA IOK 3 P. / 2.4, THENCE N 84Â·01 W 138 69 FEET ' 5 REBAR 7,1.1 3/ 4, ALSO BOUNDED ON TWE NORTH BY LAT TA GUBSER CONDOM~NIUM ' .1 AT 8ook '0 90 37) THE+ICE N 8â€¢1 40 W 78.45 'fET ALSO BOUNDED ON THE NORTH B Â¥ VE V MEADOW SUBDIVISION (BITCH BOOK 24, PAGE 24, THENCE N 84Â·,5 00' W 71 03 /EFT â€¢ REBAR BOUNDED ON THE WEST BY SNOWEIUNNY SUBDI VISION (PLAT BOOK 2/ E RED BUTT E C EME TUE RY PAGE 2291 TPENCE S MOâ€¢ E 1 284 33 =FP. To â€¢ POi NT ON TA FASTER' Â¥ RIGHT OF I.Â¥ 0/ CEMETERY ./F I LOT 10 5 z ./. BOUNDED IN THE #ST BÂ¥ r HE EASTERLY RIGHT OF ./. OF S (6 8 .CR -5 WORE OR LES5 CEMETERY LANE THENCE 5 41'05 50Â· r 2~ ?6 FErT '0 fl '101/1 9/ BEGINN J,10 4 CC:i' Â»- ..U 2 13 Â£ I - 5 REBAR (. iriC'/ION T .. i JOHN If}/OR T H HEREBY CERTIFY THAT THIS PLAT MS REPAREO FROM - ES OF X SURVEY PERFORMED UNDER MÂ¥ SUPERY 9 ioN DUR 1 NG "Ef. r 20Â¢' TPIS SURVEÂ¥ VOIC UNLES5 WET 994/ 01 4 SIGNED T,15 11.-DA~ OF L 'It ./7 J '' 1 .JOHN,1/ TH p 1 -r--igw - -- - .i LOT 11 â€¢ 4 \ 4 RFAIP b 31 O >-4 7 , i. li .1 I \ Z \ cy' fr *121 1 3 . / 1 - 1 2/ 8 . 4 ti Â£ 1 0 ...t- 0 3 -- ci > #/0 0 T CD 2~ '10 0 LOT 1 2 X .Â· E I S * 43 3 0 c, 97-2 ~ Z I ..1 A .1 Â». r.1 2 ce. i= 2 85..0 1./.0 C' FOR. STAKE ~ :1' ; 3. 5 12 2k j rÂ£-4 +- 96 M tEl : 00 1 3 3 :. 0 1 8 0 71 1 9-13 1% 1 0 9 0 9 LOT 16 34:. CEMETERy ROAD5 SNOWBUNNY SUBD *5 -Â· L WONUMENTED IN THE FIEUL -- -- / 1 I < 1 - 6 IS ROTATED 0'08 . RES. 1 COUNTED rloCK.. .-- GAS 1 ~ NE H{â„¢2 CONTROL :1: AS WARKED SNOWBUNNY 5UBD . - : , Â· ' 1 i. S 5 ./ANS 9,f.L CAPS : :11. '. 4 RFBAR 0 1 1,~ ~ THE FOOT OF THE SLOPE - LOT 17 LL 2 f L a. \4 Ii. : A I .. 2 W / .1: : 1 EGEND & NOTES ' -1 . /1 1 : 11 4 RFEAR 1 4 "UND sURVEY "NLY Nt REBAR. Wi TH CAP AS NOTED 1 8 foT 1 8 * 41 i : 1 !41 2 SPIKE OR P K NAIL SURVEY CONTROL ~ t : IE[ FENCE poST TY.'CA ' I -0 woor Ft NCE 0 ' 1 9, â€¢ly'RANT Â¤- 6 ~| 3 l 6 0 -*- w IRE FENCE 01 ELEC]RIC TRANSFORUER I24. 0 71, ! 1 A 1 7 . , ., : 1,1,1 TY /0/ 0 -11 :TY POLE 6:.N o ' 1 h ....6 . . Â· ti T i Ti F 'Ng'"Ar '9*4 11" :Ugh"'â‚¬D MY \ 1 \ 1. I. 1. . i. 1 - DATED <71 1% I : 01'1 8Â¥ C, El_D TRA,f[*SE TO râ€¢,E NOLFâ€¢Â® WOQ~ENTS 45 <MOWN Z 1 BEARINGS ARE TRUE BASED ON SDI AR ./SERVATIONS AND CAR.!ID 96 x 1954/78 8, Ch Q ' 1 BRASE CAP Â° 4 CAXES 'N T ? ARF RECORD 'Rey THE SUR[)17Â·5'ON PM ATS AS SWOWN 1 1 : ! ! SECY ION CORNER .. .. un - / h * 3 CALLS IN SLANIED TEVT ARE FLELD <85'j'?EAâ‚¬Ny< BE'*FEN FOUND 4 REBAR SUREVY yONUUENTS OR SET MONVNTS 4 \ 11112 / <'4 ~ ~3, 6. SET CORNENS ARE NO 4 REBARS 1/TH RED CAP 5 16129 GA b [ 1 NE Ab MARKED - . ~ -.* 64 1_'NE FLAGGED 10/05 /: I . 4 ,*506 â€¢P,Kâ€¢ I.vtÂ¥ co.tRot SHEDS D- 1 RED> 25947 1% 0 9 EN: 0 ... 407.4.,0. 3 2 2 2 ELEÂ¥.rJONS BASED " *5PEN GPS MONUMEN! 5 1/9 /'15 637. 1929 Nve{> N.U. . I. CASTLE CREEK , 3,8Â·.1 546 91 . 4 REBAR \ FO.IN' Plpt â„¢OR' CONIROL 1 RON BAR W/ 5PIKFS A INAGG{NG . J APPROVED ./ THE ./ 1980 )1 \ CASTLE CREEK SUBDI VISION Sf C OR GOVERNI NT LCT ; LOT 10 ~ t'r'~ 2 PREPARED I // ------ 1 5 AKPEN QURVT Y I NOINt F PS INC 210 5/.TH GALINA 571!EE Z.,2 ars- 1 2*roâ€žÂ¥wsÂ°,ONT.=â„¢.gr.*90, 5 â€¢â€¢PE' 0/1 ORAD' 8,6,1 5 I V 3.1 f PHONE"AX (970) 925 3816 ... ..' ......R 5uo' DEFECT 1/ I .ENT MAY ANY .Tlow I,4 3/ I .R.. #ECt IN TW,$ Pl- . CO--CED MORE â„¢. TEN J 5 REBARS I E..$,flÂ»1 [â€žÂ» OA~, 0, I. 012!,i IcAl,04 SHO- ./01. .7 DATE .8 *.00 & 3O106Ep !20 00 1 125 00Â·1 n SUBD. 9 7 t- 1-00.4-40.5-2 49.- * 13.03 06 '/ .tf.2-i_- --- Â»,t . .4 5 4,Â· ., 4,1 1.1/"Ill'Rig' 1 , 11 2 1]EME"t w Nâ€¢ . I .1.,4.â‚¬. 1 '. 1 . Â· 4/ 12,4. 94 ir ' 1 243..Di'-4,#r#: "%1~ . G ... , 1 411, ,-a - 4 14. fc,-r. t .. . lit . ..44' *Gr., - '33/ -,4 - - . 7 6/*i- 0. 1 0|i> ..Â·, 6. . - ,+4, 0' 'k 0*/w 112 11*1 . 8,1 2./ , /1 -r .l.... .rt, 'y} F " â€ž. ~71 -. -- ' : 01~ . .4 I A.r 1/642. 4.jÂ¢ 4/90 * Ulth' ,ail f . l.d,~~16."i - .Ult,4 . ...4 --,I.,Il'* - - -~ - Â· . i*f *1 3.- . I. 1 .A 4., k. 4 :Â·et'Â· 704.Â·Â·417-Â·irt,f .. 2% 1 Â¥ 4., : 1 -'/4 *~ "2:1 howl. .1 4 'll It,1 ....... lt *44 ,, , 1 P '.,Â· ..064'Â·'./i *.FI ...f).%, 9 , C.. 4 i' +'j' 1-' r 4,06482"lk r. 1. :. I. f 4 . r;Â·24 4~' . i . 2 74/1.4 7 P. 1 . R.f 4.4. .d -4. C .' C'~0 9., , 4.. . 'Ae: Â· .., 3"Bfb&- i. 1 4. a i .4~ 1 .0 0, , :4'. 4,5 . 9 I. J 1. 1. . , 2 1121, r : L dUG B. . . V - - Â·~1"-mi-F.--1 ' --- 6 & 0 0 0,1 5 2 * : 4 4 1,- #fifirl#FINT9,4 '. r,Â· '7 t. L r ... .â€¢6 4 , 1 1 4 , ir , a.1 2 4â‚¬- ZIC ....'.*4 1/1=* 4 4 , M L ' rpl,/ *. 1.Fq /, '-, St;0-7,Â· -31/4. â€¢ ..r - .1 (21 Ir , '**424; 'J ..'.~Q, r.'t . , ,6*:4,1,."44......': "G,19,3, 41., 1:. , ' 4:â€¢ , .Â· w. 7."41*wile:1 .9 . - :4 e '.. i, ' ' 1/9.i*, 41' ' h. 1 101 1 M , 4 M. , , 1 1 P 1 1 ... ,/'R,r, AT. SAGE MEADOW BLACK BIRCH HOUSES 4,1,'.. ,/ f-.I I 1 15.4 ' . . i -:0 , 4 , .6 ..4 , S %. P .' ' h" '?t, .,Ii 44 31<,4 ,' 7.,1 4,3 P .t, #.3 J'' 4, 4 1.1 j . 541.1'N , ,& . '1 4 * . 4 k :.v..:,:61., 4 T'A I F / 4' '. 6 1 .TI 1 4.9 I AL' . . 1 4 le r . ..SM ' !42 1. 4 .. '11[>21 '..IM 44 4,1.4.84 I ...4-ut. */ 4 44..4*4a-& VERNACULAR CABIN 0 " â€¢f r.-,r - Swilli//2/"/1........Mfg.titilitl:Jia#,1. 4 : --- 1 3**<-, 694*f#/2 . --12 -' , 20 4 -> g ...2 2 f - tÂ·*Armen . 4- , : ,-, .L,u , ...,â€¢4Â·{93Â¢' ~ ......... .... ... I- I ....' I 4 mu -'Â·~~-2~' AS.. ~7 .,-viER~FÂ» 4, f.,4 '44Â©1.'-,;-'.53.4.'.4,4. -' , .p. J,; A ~ - -99*Â·',Â· .2 5'/0 Â·45* ,0 12Â·'~~& 1.r,1... / *4 t. r . A , i 1.- ... I ' A /4**, $ .,FLA*%, b 1,1:41.6 . ..f. 9.,2% . -m , ~:.A- 4./*rONad#85<41~,- .. ;.-f. + 1 3 -f. r. I h. Â¢ 2142 2, ' Ir '1. ~ .. 0 . 4. 3 1 . 4 .4 1 - A . 6"i 4 . .k 7,~Â» 4/â‚¬â€¢Â·rt.1Â·41 2 I . ....,- #re:Livt# f ...44Â£,46.. t. 6,-g. 94/r.4/4-A~*d/Tjf... '. 1... 'ts:72* 'Al,41 A.. * .. . ..././. 1. . .... . 4, a' 4)1. 4:-kiN 91Â·*17- a - * - I I ...1-1 . â€¢"leâ‚¬Jr ' Â·Â· It ./*.7. Â· Â·Â·A'% a. A. Â· 4-*. EXISTING MAINTENANCE SHED 17. .,.reeuÂ«*fl ~ . t.. d:.4-r. e>: Ir.,t . 1 +2<,e;-':Â·~ .~~Â·Â·54'K ' ' Â·. .* 4 ~C T 't '.3, i - 26< . , . I 43 . * < Â·Â·il .4 $ r Ai,7-.4 4 4 Â· 4 25:2246 4 ' Â· ' i 11 Waitwwliti#LA'#3*Avek :4,2,24 2 er ,Â·,21 -a '' 11. , 1 . i 11.11 h , /â€¢1,Â·ri I. . EX STING SPOILS AREA l_-O-T- a ~ L.Z. 11Â·Â·4. G-11 6 S Â£ R 9/ IEST- PONA-bÂ©w Cof-(DoH IL-11 KLM Blt 13'D ~ LOT- 9 ~ Lo-f-~ L AC i [3> 1 tocu le. S 7~ A~--1 a PLe PEE-"T l-114* 1 69- 1 //- ~~~1 0 L=--1 I - -1 ['I - I $ Ate. MIL.-IDÂ©- 11 , , ELLLf 1\ f / aff 3 5 Â£Â¥101-1 . 1 â€¢-1.* & [)%-3 07-- '-- 6 1 9/-66>43 1 * OR FiFT| Ff' /6/2/72 / 9- 1-ock-r-10 k-1 0 F 2 ___223------- +* ' JL-) It-/ID//GÂ·-Cal/Bl/Llrrtll. 1 ...... U / \ A M<Unf 3 /6.LITT 0 0-l'.1.-r,5 -1 9-] FÂ« 03Â» 5 L-Â·06,4=.5 | B LLE Itu_~ I 1 * I 1 r 0 7 3 7 - I ll [7 - 1 r f -- 1 - 1 r - -7 0 t.laR.-42.-CT Lik-*Dty' E,Â·t/PAS 0 1 1 .â‚¬/ 1 1 11 4 1\ Sol+714-1-k.L,r PEyEL.-0 P#-P 1'/ r-~-~ r-v--1 j Efti 1 V 11 W. 4 P.,-]111 [-,77-1 Ill 4 11 Ill . Il 6 j ~ 1-------11-1---1 r-------1 M r---t' E -0 D IF Â« 141 - 1 2 1 lili 1. WI I ul I il i L PE \D - it- 11=-71| -1 Ill 1 01 i r 0l 4 |0| # W~ I. 1 11! 1 v./ 1 1 11 / 1 D 4 1 0- - 00 W B U#./t-----3 1 r.-1 1 ./. r \ \ / 1 -1 P--7-11 -, 1 E--71 i --1 1 / 1/ 1 1/ 1 0 / 4 1 1 1 5112 *L 5 1 8.00&5 1 1 7/ >- 179 11 4 11 /4 1 1 1 1 14411*11 1] Lit-htÂ·h- : ~Ult=*=+I 1 1 TT T ~ TET h 71'ICUT -.1-~ t- 1.-+-+4-Â»+-++ - - -F 4 [--22911-~ I Fitt-tÂ«til - L-- , + ME--1-1 [~f*+4+1-+4 SOUTH Av E- N VE- . 1---31 ru--CLA.61,-1/ C-FIC-* A N U I f42 CAa,- t.-GL c-kEEZELÂ« LOT- 9 C A.ST- LE. C 23Â£Sk. 0 U- 8 11 22.-1~LE.C2.2.~2-lti~-2-1..Abl ON _a..La--a.=zr==1Â£t:1Â£:~12.m- f. BA4 scA Le. 1"- 3-0 '-0" 4 W<2. ID>E F v~/4 8~ELD Â© K.1 S U LV /1 eÂ©r Aby/k.1 RF.D BUTTE CEMETERY 100 -FT- 5 1 -Mur' 9-*T %4-4.- 1 U er 12 6 1 1/01 S PLANNED UNIT DEVELOPMENT SUBMISSION ASPEN PLANNING & ZONING COMMISSION 20 MAY, moo GRAEME MEANS ARCHITECTURE 210 SOErn GAI F.NA NTREET #23 AMPEN. COIDRAT)O.81611 (970) 925 9150 Ql QI Al q grlÂ© A M IN MI 91 /4 0 N S /0 dal 1 1-6-r,6 G.WS 6* 1 LOT # 4- LOT * 3 CO *-1 DO M 1 +4 1 UM 6 B LAUC .4 S 1 2- C 64 1LS -rk-r=S BL_A~k_ Il, Ec,-4 1FS--r-'A.Â·1-**S 0- -- PR-or,-2.-r-r u :4-4. 41 f 4 \ \\ /1 1\ \ S Â£+ 1 M m.*D e W j /fl~ - ad- - \ 3 + ---ht ~ 1 9 ------ 1 -Â«X 0 210, LILI E. O - Acriv $ 1-r - -- 9 0 --- 1 . - / 1 b Â«1 0- --7/ \ -==W--===-1 ' / 1>- S Earl OU L %% I h / .-1 1 , -/1 % -- / l t -2 4*i...426 1 * w u - p*11.1 1 1,\ 1 1 1 CoNCLIM 0 , ., C - > % .a 1.-/ $% \ 11 . 4<Nt-*51- ~1't~-I>D' (43 , 0 0 0 _ _ , '. I 11,\ 1 I ''' / 6 ' \ 1 ...0 i 1, . t 3 + /. 5,60 its - - LF_, 0 U r,1 / h Â®**+AIc<14 c \ 1 ... -- + 1.--.--- \ \ -7 \__ ---4 -1 \ , 1 % -- 4 '~35'__.3*. %1 M##4 - //1 + i/ 1 l .... I --4-- *- 1 - --- jr. r #_ \---W-n \ Lk/ / 1-- .p u.o-rs i%-+ -- / I-/- \ / 1 Fil-*-----9- 2 1 / j -3 \0 \ -1-- - \ N m.~E S Rj, 0 mul--1- E- ra-1-6.-r,Ek--â‚¬ AC.-r-lvITY t-KIVE-LePE-PL-AN 544 LE = 1 = 1.0 - 0 Elillk/" 5-0 Pr RED BUTTE CEMETERY i PLANNED UNIT DEVELOPMENT SUBMISSION ASPEN PLANNING & ZONING COMMISSION 20 MAY, 2009 GRAIME MEANS ARCHrrECTURE 210 SOUâ„¢ GALENA STREET #23 ASPEN, COLORADO, 81611 (970) 925 9150 \0 j 1 1 91.V ) e 1 \ \1\\, f \ 1 \ \ 11-.1 Â« Â«01 - / 04 krEM â‚¬EED M M 1 44 4 V . .1 L \ 1 . / . 1 1 2 I . , r L. ' \ 1 . . \ N . AUX I ... ,~>12, . N ./ i. . . Â· . .00444,1'1~ Â·' #iÂ·.>~ I 30\ , . 1. , ./I, ..1 f. I -4 / 0 -4 4 / . T . 1 f ./1 .. / '7 - 1 4 ...... 1 1%'Flj \ . .4 .. . 2 .R ,- r 1~ 4 %6 . -24 64OJE#Zi C k., UA-~Â¥74* LvitejG~,7. 1 wjâ€¢â€¢01 Ew H w.i ~~~AÂ· - * 'L \ 1 \ ..1 - I. %- -73-i. u iti.h " 1 f 1 ' ...,47 -ljqi, 3'-~i/' . I 9 0 v v - MA.-1 HÂ·a-U&+ACC E L.-1)4- | 11/ 66.-A.b .A # bilbll Â¢ r F 11 tâ‚¬*i.* . .. \1 31 Aspen(2 1/2"cal. i '~ f~\ ' 1 - \\ 1 l . 29 Gambel Oak (5 gal.) i \ 1\ \ 3 49 02 1 . 4 / \ \ 35 Sen'iceberry (5 gal.) 3 \ 0 V <-r-7;1 - J y laa LL Â¥> - 3 / 3/ p/ I & 1 7u* T'\ c \/'Ck-LIT--4'IE'./7 ~/ t..1 1 V . \ \ ; C v ~ - - ---- *+ ~1/ ~fi,r ~ e ouu. . . 19: // b ./ EL-R. VA-Lt-,7- #0.-5 or- - 1 // 1 E-Lms,-11210 W .:.Mp-rr - .El 57' 1,41 3.- 4 k 1 1 , -- 1 - '941*5 1 -- M- -2 .-- ./ /0 5%// Planting Notes: 1. Native Seed Mix to be used in all areas around building and in meadow revegetation 1: < 1 15 * CoN,SPNL LANDSDAPS PLAN Indian Rice Grass 'Nez Par Â· Acbnatberum hymÂ¢noidies 'Nez Par' P e n BUT-re. Ct,Â·Mir 1--ED-r Sideoats Grama - Bouteloua curtipedula 'Pierre' Sandberg Bluegrass . Poa secunda Â·Sherman' Thickspike Wheal Grays - Elymus Lance,1[alus 'San Luis Slender Wheatgrass - Elymus trachycalulus it \4 1 Alitu Â·re KI L, 4..1/ ,Â· PAL I L i-MT- Â·Garnet' MolintainBEorne-BrornusmarginatesÂ·<]arnet' .Â£ 18 C,CT- 08 1 0 / A, 0 Arizona Fescue - Festui ovina 'Arriba' 11 '1 Â·Arriba Western Wheatgrass - Pascopyrum zlinkthii Â·Aniba Mountain Sage - Artemesia uidentate vaseyana - 1%3~ [g Rubber Rabbit Brush - Chzysolhamnus nauseosus Prairiea , RED BUTTE CEMETERY Fringed Sage - Artemesia frigida Hairy Golden Aster - Chrysopsis villosa PLANNED UNIT DEVELOPMENT SUBMISSION 0- " 2- _3= yi. Blue Flax - Linum lewis,i ASPEN PLANNING & ZONING COMMISSION Silver LupinÂ¢ - Lupinus agenteus Rocky Mountain Penstemon - PeaKemon strictus 20 MAÂ¥.21]09 GRAEME MEANS ARCHITECIVRE Sarah Chase Shaw 210 SOUTH GALENA STREET #23 Landscape Architect Anowleaf Baisazr, Root - Bal.wmorbiza nglttaia ASPEN,COI RRADO. 8161 1 (970) 925 9150 RO.Box 90 â‚¬53 2 All areas around maintenance facdity will require mgation Trees will require temporao' bip i/igation for first 3 years, All other areas will require spray irrigation 4-2> -O â€¢ 1 ri., i. i ' I . 1 I 9 6 ~ 50 4 1 1 1 , T 1 / to: 9-A-EAC,r-* / b;40 P 2 / -- -/-1 --mk -1 O 186 - 306 ../.. Let k.00 M 4 .1 LA- 15 = L - 3 5- -6 ,f 11 11 11 1 1 Th,-2,7 1 1..... / 1/\ i 3,-I../.e~-l~FAW I -..I -5- -'lillin -, t-6 - 1.5-'-6" 0 L<>0 0- S lÂ»- 3 v I, I I . . .. . ' 1-7-91 i .' N Â© A 7 1-+ a- LE- V A -riON_ ~ 0 ~ 1 10. . 10 9' . 80 80 4__-4 =F- LOOR PLAN EXTER]OR MATERIALS O 2.4Gr-4 0441- tz>C.-A-Un 3/16 = 1 --O 1. Extriorsiding and foofing shall be four foot ~ide corrÂ·ugated, r-d -1 pInch applied verticill/ IJ'111,111[ 2 Roof fascia shall bc 2" x approx 12- rough sawn wood two piece ft*scia with brown stain to cornpliment inetal panels ~ I O FÂ«>t-1*- Window and door trim shall be similar in narrower wdth, 3 Windows and â‚¬100YS shall be metal clad with stain to match brown min as above 4. Exterior lighting Ibove garage door shall be Abolite Stancard Dome with Style A gooseneck bracket (or appruved equivibit) Fixture and mountlng,vit conform to Ihe CIty of Aspen Lighting Code 11''ll 0 1-9 1 1 Mill ZE (n U I' ~ ' 1,~ - 1 1 'll I', *41 91 1 r aj lill 1 1 11 0 1 -- - 07 3-1- J Â· i 7 -- L.*-L -- --- Â· -*'Â·47Â·â€¢Lt,~~~~~- J -li, A.56--a*~~~~~~~apV- 'Â£ #.r _. hk '. I .- '47=1 ..---J Â· UÂ« E ST- k i_ 2 VA 710 ftÂ·-4 S o 1-1 T 1-1 -Pl F- VAT-1 0 N - _ _ _ 0 12-[Cr I u,L-l_ G--LL-t> F 02-14-tuLL SCA-LE- 1/6 i Lo" 10 *==M.C.-T- RED BUTTE CEMETERY PLANNED UNIT DEVELOPMENT SUBMISSION ASPEN PLANNING & ZONING COMMISSION 20 MAY, 2009 GRAEME MEANS ARCH]TECÂ·1"URE 210 SOUTH GALINA STRE El #23 ASPEN, COLORADO, 81611 (970) 925 9150 Proposed %&~44:.,--2.5--:4=- I ./ 24 - r Conceptual Exterior Materials 13- *9 - 31Â»-0-h Red Butte Cemetery Maintenance Building ~1 j I. /1 Â£ I. ''/ I. -- , -Â»4-- - t i N i ELit . i .i~Wit,-10-0 ~ ~- ---- Graeme Means Architecture - . r-' ii & I 9 8 ' - t' - b /5, 1 19 February, 2008 1 . H' F'Â£ . ; ~ 7Â». ~ - , 4 1-1 9 4-* 5 44 ~ 44 -t f -- . '. . 1 4 - 14 9 . C.El & r 1 -4 41,~-4 , 1 i:,Ii,1 # ' I The objectives ofthe proposed exterior materials selection are as follows: .5 21 1 9.1 1 :r u 1. Select materials and colors that are appropriate both to the historical context .t p *7%4* 21 1 :1â€ž,11 ..i ' ~ of the property and to the accessory and utilitarian nature of the building. 2: t. 3 :9.1 ..: Â·Â·71 â€¢ 12- F Â£ Â·Â·.1.t : .1-4 6 â‚¬ 04 741* 'Fl .... 1,-3 t 2. Select materials and colors that blend with the surrounding landscape in a â€¢- 1 0 1 .7.At -r r 'r- 1~ Â¥? i . 1 9 4 3 'L 71'b IÂ· natural manner with the aim of integiating and deemphasizing the building as :z:- 1 -4 d '111+ 0 j 1 . viewed by cemetery visitors and neighbors. :* Â· 4 6 4 : 3. Select matenals and colors that are reasonable in cost, durable and require . ?2 little maintenance. 44 k I 1 I .4 I <3.16 11 r . , The proposed exterior materials are as follows: .2 ..1 -1 ' ' 1 2.,f 1.1 '9 4 6 . t G< Wplt#Ir : 4.1 , 1.~.: 4 G. .7 1 - f Â¢ I . .1. . 8 1. Exterior siding shall be four foot wide corrugated, rusted steel panels applied .Â¢ 0 6 . . 4 +-/ I it - vertically. Â·plk ') 1:-0 p,Â· i p.Â·44*Et ? Sm &11(7.16 t.{ 1 'til : Â¥1 i 2. Rooffascia shall be 2" x approx 12" rough sawn wood two piece fascia with 30 g ~t '4 :* p'Lf H mr :; ' i C , ~ brown main to complement metal panels. Window and door trim shall be similar m narrower widths. 3. Windows and doors have not been selected but will compliment the other .1 *In.. 77,u ' AL {MY i #0/1/4., #E,1 fi~ : Â·. 4, 1 exterior materials. ' , .lir M Webelieve that the chosen materials meet the objectives outlined above The metal â€¢,m,La--r ,Â· 1.711*, i,1 *ib ft Â· IÂ«; f :L Â¥ 4 .4.1. 1.,1.1 ..1 3:.,;. 1 panels are appropriate for this type ofutilitarian building and for a new building in an 11.-=12 L. A- a.....Al.Elll:&~I Iti 32-1. -U historical setting. Similar panels were commonly used in the mining days and are also commonly used on the modern buildings oftoday. The rusted and mottled finish blends well in a mountain landscape by changing with weather and light in an organic fashion which helps it to become a natural part of the landscape. The steel panels function well to identify the building as utilitarian and not to be confused with the primary use as a cemetery. Furthermore, the panels are durable and require minimal maintenance. These material selections are preliminary only and are subject to change at final submission to HPC. TYPICAL RUSTED METAL CORRUGATED PANEL WITH BROWN WOOD FASCIA TRIM ..13 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE 2y~21034?Â°3:05: 9~ ' Aspen, CO SCHEDULED PUBLIC HEARING DATE: riarbc,Â»\ od- 26 â‚¬ 5.4Dof # 'i.9- STATE OF COLORADO ) ) SS. County of Pitkin ) i, Avt cl â‚¬~01 1 0Â·9 -Â£*1 (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: 4 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 o f notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of ,200 ,to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) EUBLIC NOTICE RE: RED BUTTE CEMETERY; GROWTH MANAGEMEMT REVIEW FOR ESSENTIAL PUBLIC FACILITY, CONSOLIDATED PUD REVIEW, AIX) AN AMENDMENT TO THE OFFICIAL ZOPING MAP NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, October 26th, 2009, at a O -1 meeting to begin at 5:00 p.m. before the Aspen City Council, in the Council Chambers. City Hall, .-b ~- .... 130 S. Galena St., Aspen, to consider an applica- tion submitted by Alan Richman Planning Services on behalf of the Red Butte Cemetery Association ~ for Growth Management Review for an Essential 244%608 3. i Â£ 8. C" 01 M EL = ST + B Et *tjg * ~~dfac~itit~ *r*::ctiaatEedo~eUZi5ivi~Ga~ntdo~2 ~~C~. 0 .Ei EÂ· ei- E G. R 5. 4 0. 9 R outhouse at the Red Butte Cemetery. The Proper- OCD ~owd Z Z %Â°229 Â°CeoMEatleenraancc~~cll~g to 4~0~ ty owner, Red Butte Cemetery Association, PO Box 2 Bad E E. G 589.M CD 194, Aspen, CO 81611 will be represented by Alan t- O -3 Richman Planning Services. The Red Butte Cem- 0 C~Â· ~ 55 0. -. F 10 - 0 .0 0 0 etery is located at 808 Cemetery Lane, Aspen, CO r- O 020 C 4 0 a ge 81!611-~dv~~h~isp'?8aa':reNZjâ‚¬:11:ttw ~ :=h gÂ· E. 3~ Z Pr Yl g... 2. MAEOU 0. g a irs bl P.M., City and Townsite of Aspen, parcel ID No. p 273512200851, Aspen, Colorado 81611.For fur- < -2=ga==9.k ther information, contact Drew Alexander at the -. City of Aspen Community Development Depart- grgs@*R*v 2% 292~ 429-2739, drew.alexander@ci.aspen.Co.us. ment, 130 S. Gatena St. Aspen, CO 81611,(970) O N q wl 2 66 2 cr cr E Ch 0 >< 0 a 0 s/Michael C. Ireland, Mavor k) Z EfiggE=0*1 ARBErt > Aspen City Council 00 * n n Published in the Aspen Times Weekly on October 1 0- ~ t,1 't = 4,2009. [4092208] = r. Mwoo :E A 2. 9 5 N. 0* Â¤%8,2 44 EL EN> 3 M 45 Q- - E t ,2 R =' 9- EL *2 2 -13 2% 042~ Â¢ 0 a.0 + 0 7 X 0. 4 0 0. 5 0. 3 6 0-aER=C -. _.p % M. * 8 1 =Â· r K B=-25-8 r.. 02: . =00- 0 -OÂ¤ - O - O. -. AJ 00 - - 3 + 2 0- 2 ocm H rt R -Â· rn - O Cr 8 2 01 5 g B E En 2.% o m. 0 3 8- M A 0.. .1 CRO O- O 0 6 5- Â¢ m.t 3 7Er.2 5 -30. o CD E *4 >92.. MA 3 2 + + 2 -5 0- m. R g pe- 2- 2 3 3- 1 2 0 11 y + 0 Pip D 2. 2 cr 9 1 - g O E E. FR 2 1 SagEN 28 0- O R )0 RNER t- Ch , AE' 2 V,3 500 Egg.g ,#~REEmt 0- p - - E= E .-1. UQ O < 0 O 00 5%3 ,325%Â· EN , 1 <R 2 0 09 3' 2@Aggr Â·-~ A: 2- In j El -, CD & Â¤ 9 2 cl. 0 5 = C N f 9 M 2 5 1.02 0 t E . 0 2 = 5 8 Q R i eD r 0 -. 0 0 b g. m 5 2 Â¢ 5 5 2 f/ 5 3 -:&6 4:2 7 V Z 2 0. & R gul-- 5 %}... 90 32 .2 6 0 9 T 8 E. Er O.- S 7 Vt).........30 uffic to andl~isting create m than o ned Areas, DI.LON SNJINIA10 DISE[ 1 IlliI) INVO nd COWAPs i e r qui a y wa to be c 0&2~HIONE[DV V MaN+10 JIHIL I ad HHI ral Estate Owner No tice. By the c notice, return recei oning or text official E.fOI initial publ era es tate ow :517*IV)Ild shall l OC~ ol ~ 3<-1 :soijdxo uo!s s~~~oo S E[VIDId:IO GNV GNVH AMI SSE[Ni ff days rior I Call t~ those AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 909 G.._1,7 Le , Aspen, CO 0 04 3-6 SCHEDULED PUBLIC HEARING DATE: ,200 STATE OF COLORADO ) ) SS. Count> Of Pitkin ) I. f Lfâ„¢\ ALLL+ (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 ofnotice: 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 macie of suitable. waterprool' 111:lterials. \\ hich was not less than tu'enty-two (22) inches wide and tuent> -six (26) inches high. and \\ |lich uns composed ofletters not less than one inell in height. Said notice \\-Hs posted in a conspicilous place on tile slihiect property at least fifteen ( 15) days ]3110.1- to the pliblic 11Â¢.11-illu and \fas continuously visible froni the.31_ day of 0 (Â·Â·--64 . 20()3-Â· to alle! incllilling the date and time ofthe public healiily. 1 phomgraph 0///ic powed ilotice (sign) is citiuched hercio. ~ i\,lailing ofnotice, By the niailing of a notice obtained from the Commullity 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 ofthe property subject to the development application, and, 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 lillndred (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 anti governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text aniendment. Whenever the official zoning district niap is in any way to be changed or amended incidental to or as part of a general revision o f 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 lise regulation, or otherwise. the requirement of an accurate survey map or other sufficient legal description of, and the notice to aild listing of names and addresses of owners of real property in the area o f the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. AL 12/ Signature The foregoing -Affidavit of Notice" was acknowledited befure me thisl 4 day of (0.0, , 200 1, by /4 (Cul Kievi rrl an WITNESS MY HAND AND OFFICIAL SEAL A eÂ·A \% 4/ 4 <: <11?1 001,3, i N. ," m My commission expires: 0 -A .Ey /-08 li /-)} _(-t-~u~t=u_~, '43# \(,tlll.v Public ~ ChT-ATE 47 ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL PUBLIC NOTICE RE: RED BUTTE CEMETERY; GROWTH MANAGEMENT REVIEW FOR ESSENTIAL PUBLIC FACILITY, CONSOLIDATED PUD REVIEW, AND AN AMENDMENT TO THE OFFICIAL ZONING MAP NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, October 2601,2009. at a meeting to begin at 5:00 p.m. before the Aspen City Council, in the Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Alan Richman Planning Services on behalf of the Red Butte Cemetery Association for Growth Management Review for an Essential Public Facility, Consolidated PUD Review, and an Amendment to the Official Zone District Map to allow for the construction of a maintenance facility and for restoration of the Victorian-era cabin and outhouse at the Red Butte Cemetery. The property owner, Red Butte Cemetery Association, PO Box 194, Aspen, CO 81611 will be represented by Alan Richman Planning Services. The Red Butte Cemetery is located at 808 Cemetery Lane, Aspen, CO 81611, and is legally described as Section 1 and 12, Township 10 South, Range 85 West of 6th P.M.. City and Townsite of Aspen, parcel ID No. 273512200851, Aspen, Colorado 81611. For further information, contact Drew Alexander at the City of Aspen Community Development Department. 130 S. Galena St., Aspen, CO 81611, (970) 429-2739, drew.alexander@ci.aspen.co.us. s/Michael C. Ireland, Mayor Aspen City Council Published in the Aspen Times on October 4,2009 City o f Aspen Account Easy PeelÂ® Labels i A I Bend along line to i ~ AVERYÂ® 5160Â® 1 Use AveryÂ® Template 5160Â® 1 Feed Paper expose Pop-Up Edgeâ„¢ ~ A 1245 BUNNY COURT LLC ALTFELD PHILIP Z TRUST 777 CLUB LLC C/O DAVID HYMAN ALTFELD MARIANN S TRUST 777 CEMETERY LN PO BOX 1954 1250 SNOWBUNNY LN ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN GOLF PRO SHOP APPLEBY ALANA & BLAKE ASPEN SB PROPERTY LLC C/O SSI VENTURE LLC PO BOX 9382 4101 PERIMETER CENTER DR #350 299 MILWAUKEE ST #502 ASPEN, CO 81612 OKLAHOMA CITY, OK 73112 DENVER, CO 80206-5045 BACHMANN BRAD ASPEN VALLEY MEDICAL FOUNDATION BARABE CAROLYN STERN MICHELLE PO BOX 1639 790 CASTLE CREEK DR 63 S BENTON WOOD CIR ASPEN, CO 81612 ASPEN, CO 81611 THE WOODLANDS, TX 77382 BAXTER DR J STERLING BEALS ROBERT BERKO NORA PO BOX C 606 SPRING ST 1230 SNOWBUNNY LN ASPEN, CO 81612 MACON, GA 31201 ASPEN, CO 81611 CALLAHAN CYNTHIA TRUST 74.95% BLACK BETSY P BLACK BIRCH ESTATES LLC C/O CALLAHAN JOHN E 44125 E HWY 82 6925 HILL FOREST DR 750 CEMETERY LN ASPEN, CO 81611 DALLAS, TX 75230 ASPEN, CO 81611 CARR RICHARD & JENNIFER CASE JULIE KENNER CERISE JAMES M 1285 MOUNTAIN VIEW DR 1265 MOUNTAIN VIEW DR 790 CASTLE CREEK DR ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 CITY OF ASPEN CHALOUPKA DONALD & VIRGINIA M CHRISTENSEN ROBERT M & CANDICE L ATTN FINANCE DEPT 561 TRAILWOOD CIR 1240 MOUNTAIN VIEW DR 130 S GALENA ST WINDSOR, CO 80550 ASPEN, CO 81611 ASPEN, CO 81611 CROSSROADS CHURCH OF ASPEN DANKS LAURA DAVIDSON ARIAIL SCOTT 726 W FRANCIS ST 845 CEMETERY LN PO BOX 5141 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 DAVIDSON DONALD ENGLANDER ALAN S ENGLANDER ALAN S TRUST 864 CEMETERY LN 805 CEMETERY LN 323 RAILROAD AVE ASPEN, CO 81611 ASPEN, CO 81611 GREENWICH, CT 06836 ERDMAN CINDA W & DONNELLEY GEORGE DANIEL R DR GIANCARLO FAMILY TRST 1270 MOUNTAIN VIEW DR 630 E HYMAN AVE STE 22 36 EUCLID AVE ASPEN, CO 81611 ASPEN, CO 81611 ATHERTON, CA 94027 Etiquettes faciles & peler i Repliez & la hachure afin de 1 www.avery. com ~ Sens de Utilisez le gabarit AVERYÂ® 5160Â® ) chargement rdv@ler le rebord Pop-0~TM ; 1-800-GO-AVERY 1 Easy PeelÂ® Labels | A I Bend along line to I Use AveryÂ® Template 5160Â® eed Paper expose Pop-Up Edgeâ„¢ 1 ~ AVERYÂ® 5160Â® ~ A GOLDSBURY CHRISTOPHER JR REV GRUMBACHER M THOMAS GOLDEN PHILIP A & ANNABEL H TRUST BON-TON STORES INC 1235 SNOWBUNNY LN C/O ASSESSMENT TECHNOLOGIES LTD PO BOX 2821 ASPEN, CO 81611 121 INTERPARK BLVD STE 308 YORK, PA 17405 SAN ANTONIO, TX 78216 GUBSER MARGARET B HAMILL SHELLY A & ROBERT L HOMEYER EVE 1227 MOUNTAIN VIEW DR PO BOX HS 194 810 CEMETERY LN ASPEN, CO 81611 SMITHS BERMUDA, HSBX ASPEN, CO 81611 HYMAN DAVID HOUTSMA BOBBI ANN HUDSON FRASHER ANN REID BARBARA P 1278 SNOWBUNNY LN #2 616 TEXAS ST PO BOX 1954 ASPEN, CO 81611 FORT WORTH, TX 76102 ASPEN, CO 81612 JBL KEYSTONE LLC JOHNSON PETER C & SANDRA K KENDALL PHILLIP A PO BOX 8355 51 OVERLOOK DR 2121 WOOD AVE ASPEN, CO 81612 ASPEN, CO 81611-1008 COLORADO SPRINGS, CO 80907 KIMBROUGH MARY JO KOPF CAROL ANN & DONALD W LA COUTER WILLIAM R 830 CEMETERY LN PO BOX 956 1220 SNOWBUNNY LN ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 LINDEN LANE LLC LATTA HELEN S CONDUIT TRUST LOWEY MARILYN C/O PAMELA ROSENAU 28 LA CUMBRE CIR 1215A SNOWBUNNY LN 1721 STONE CANYON RD SANTA BARBARA, CA 93105-4442 ASPEN, CO 81611 LOS ANGELES, CA 90077 LPRP RIVER LLC 50% LUX ASPEN LLC MAPLE MICHAEL C & JULIE LPRP MILL LLC 50% 1252 SNOWBUNNY LN 1250 MTN VIEW DR 1100 BLACK BIRCH DR ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 MCGILVRAY JOYCE & ALEXANDER C MESSIAH EVANGELICAL LUTHERAN MCPHERSON DOUGLAS J & SUSAN L TRSTE CHURCH PO BOX 4412 325 ARLINGTON DR 1235 MTN VIEW DR ASPEN, CO 81612 PASADENA, CA 91105 ASPEN, CO 81611 ORE BUCKET ASSOCIATES NICHOLS GAIL H POGLIANO FELIX JR C S TRUST 38.46% C/O WILLOW CONNERY 1220 SNOWBUNNY LN 525 W HALL-AM ST 1944 HUDSON ST ASPEN, CO 81611 ASPEN, CO 81611 DENVER, CO 80220 POGLIANO LENORE L 61.54% PORTER JOE ALLEN & MARGARET A ROSEN JACQUELINE S 1110 BLACK BIRCH DR 1270 SNOWBUNNY LN 1285 SNOWBUNNY LN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 ttiquettes faciles & peler ' A Repliez & la hachure afin de ; www.avery.com 1 Sens de Utilisez le gabarit AVERYÂ® 5160Â® chargement ruv*ler le rebord Pop-UPTM 1 1-800-GO-AVERY 1 Easy PeelÂ® Labels | A I Bend along line to 1 ~ AVERYÂ® 5160Â® 1 Use AveryÂ® Template 5160Â® : Feed Paper expose Pop-Up Edgeâ„¢ 1 ROTH EDWIN MORTON REV TRUST ROWLANDS DONNA K REV TRST SAH TRUST SCHNEIDER SARAH A FBO 1225 SNOWBUNNY LN PO BOX 8310 450 PLYMOUTH RD #305 ASPEN, CO 81611 ASPEN, CO 81612 PLYMOUTH MEETING, PA 19462 SAUSSUS GUY & MARTINE SCHEFLER ARNO D SHAW RICHARD W & SARAH C 3015 BRYAN ST #3A PO BOX 1005 1220 MOUNTAIN VIEW DR DALLAS, TX 75204 ASPEN, CO 81612 ASPEN, CO 81611 SHLOMOS ON THE GREEN SNOWBUNNY LLC SNOWBUNNY LP 39551 HWY 82 9051 WATSON RD #333 2529 E INDIAN MOUND RD ASPEN, CO 81611 ST LOUIS, MO 63126 BLOOMFIELD HILLS, MI 48301 SPIRITAS NK 1991 TRUST STEGE J B STEGE LELIA TAYLOR 2900 N FITZHUGH #200 PO BOX 8355 830 CEMETERY LN DALLAS, TX 75204-3204 ASPEN, CO 81612 ASPEN, CO 81611 STRAUS TRACY J STRICKSTEIN FAMILY TRUST TAML HOLDINGS LTD 112 W 18TH ST #3A 12599 E SILVER SPUR 3120 ROGERDALE #150 NEW YORK, NY 10011 SCOTTSDALE, AZ 85259 HOUSTON, TX 77042 THOMPSON DONNA M TRUST TOWER CHARLES D TREADWELL DONNA 1208 SNOWBUNNY LN PO BOX 3014 1200 CALIFORNIA ST #10C ASPEN, CO 81611 ASPEN, CO 81612 SAN FRANCISCO, CA 94109 UKRAINE LINDA W REV TRUST WALL CHARLES R REV TRUST WEIMANN PROPERTIES LLLP PO BOX 10844 777 CASTLE CREEK DR 775 CEMETERY LN ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 WEISS CLIFFORD & STACEY WILPON JEFFREY & VALERIE WINCHESTER ROBERT P 1280 SNOWBUNNY LN 14 BROAD RD PO BOX 5000 ASPEN, CO 81611 GREENWICH, CT 06830 SNOWMASS VILLAGE, CO 81615 ZANIN FAMILY INVST LLC ZIMET MILLARD & SUSAN 00308 MC SKIMMING RD 1315 MTN VIEW DR ASPEN, CO 81611 ASPEN, CO 81611 A ttiquettes faciles & peler i Repliez & la hachure afin de i www.avery.com 1 Sens de Utilisez le gabarit AVERYÂ® 5160Â® rdvdler le rebord Pop-UpTM ; 1-800-GO-AVERY ' ) chargement A 1 Fl I T *'- 4_ Lpf 4 4-5 1 ' 7, 4 *PUBLIC NOTICE' r ATE Gj.f.U.i.Y..i... .Autil ~ ~ TIME 0- In PLACE 02 ...Â·7Â» : PURPOSE . Â·.Â·Â· Â·,.,.. - J' 1 9 14 41 F - - Ati' tl- ~ - mdrAWSÂ©51* 1 lili- 1 r 1.4 'Al,- 4 1 f - aCF-A iÂ£, i /, 'Th"ll L.4- 464= 1 9 '1~-i-L-7~r~, IN,li *~ - Ii:C 1 - A 1. 4LJ ~ 1, _ 1+2 44- t 1 . ..1 1 41.1 -1 ~ hilk ,* i 6 19 1 . 16 4 11*/1 + - ri 1 .- - , -4 :E 14 .r- 6 i I 1 1 1.- 1 -- Vt:,i 1 L-,-1//9.. - ..t - - 9%,U..,4.FLK~ 4 - 6 . .4, - 1 ' 1 -. 24 -. _ - tuL f Vlks MEMORANDUM TO: Mayor Ireland and City Council THRU: Chris Bendon, Community Development Director A AIM FROM: Drew Alexander, Community Development, Planner Technician . RE: 808 Cemetery Lane, Red Butte Cemetery - Public Hearing MEETING DATE: October 26,2009 (continue to 11/09/09) GENERAL BACKGROUND: On May 22nd of 2009, Alan Richman Planning Services, on behalf of the Red Butte Cemetery Association, submitted a Land Use Application for a site specific development plan at the Red Butte Cemetery. The scope of work includes constructing a maintenance facility and a restoration of the Victorian-era cabin and outhouse. The project has received Conceptual Approval from HPC and approval for Conditional Use by the Planning and Zoning Commission. Ihe Planning and Zoning Commission has also provided recommendations for the remaining reviews (Growth Management for an Essential Public Facility, Consolidated PUD, and Amendment to the Official Zone District Map). The Applicant has agreed to continue the Appeal to November 9th in light of October 26ms large agenda. RECOMMENDATION: Staff recommends continuing the hearing to November 9* CITY MANAGER COMMENTS: RECOMMENDED MOTION: fall motions must be made in the positive) "I move to continue the public hearing for the Red Butte Cemetery Association to November gth, 2009" Attachments: Exhibit A: Letter from Alan Richman Planning Services EX,+18/r A 01 <Lwo 'RceUaut, Pla*,Ling Seetea 84% 36 13 ;44*6*t. 8*tow,6 :1612 PAoâ€¢te<7~wc (970)9201 125 Â«144Â®444Â»Â»41.,tet October 16, 2009 Ms. Jennifer Phelan, Deputy Director City of Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 RE: PUBLIC HEARING FOR RED BUTTE CEMETERY Dear Jennifer, The second reading of Ordinance 21, Series of 2009, the proposed PUD for the Red Butte Cemetery, is scheduled to occur on October 26. Earlier this week you called to inform me that the City Council agenda for that evening is quite full, due to several other major items being continued to that date. You asked if the Cemetery Association would consider continuing the public hearing until the next Council meeting, scheduled for November 9. , The Cemetery Association agrees to continue the scheduled public hearing until November 9, to allow City Council to complete its other scheduled business on October 26. We would ask, however, that this item be placed on the agenda for that date in a slot that will ensure that the hearing takes place that night. The President of the Cemetery Association, Mr. John Thorpe, will be in Aspen that night but will not be available for subsequent City Council meetings. We think it is very important that he be present to answer any questions that City Council or the public may have regarding our plans, and so we want to make sure that this project gets heard on November 9. I would like to reiterate my offer to take any City Council member for a tour of the site if they so desire. Please have them contact me individually if they wish to take the tour. Very truly yours, ALAN RICHMAN PLANNING SERVICES Alan Richman, AICP 7-tautetatg Sewited Atave Yerl,Aptai -/--hcrEL)-- 08# 3618 06Â»t. (Ent-4* 91612 PAa.0/74, (970)920- 1125 4'd4*4*49Â«78. Hef October 16,2009 Ms. Jennifer Phelan, Deputy Director City of Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 RE: PUBLIC HEARING FOR RED BUTTE CEMETERY Dear Jennifer, The second reading of Ordinance 21, Series of 2009, the proposed PUD for the Red Butte Cemetery, is scheduled to occur on October 26. Earlier this week you called to inform me that the City Council agenda for that evening is quite full, due to several other major items being continued to that date. You asked if the Cemetery Association would consider continuing the public hearing until the next Council meeting, scheduled for November 9. The Cemetery Association agrees to continue the scheduled public hearing until November 9, to allow City Council to complete its other scheduled business on October 26. We would ask, however, that this item be placed on the agenda for that date in a slot that will ensure that the hearing takes place that night. The President of the Cemetery Association, Mr. John Thorpe, will be in Aspen that night but will not be available for subsequent City Council meetings. We think it is very important that he be present to answer any questions that City Council or the public may have regarding our plans, and so we want to make sure that this project gets heard on November 9. I would like to reiterate my offer to take any City Council member for a tour of the site if they so desire. Please have them contact me individually if they wish to take the tour. Very truly yours, ALAN RICHMAN PLANNING SERVICES 4 02 Alan Richman, AICP AGENDA ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING TUESDAY, July 21,2008 5:00 p.m. - Public Hearing SISTER CITIES, CITY HALL I. ROLL CALL II. COMMENTS A. Commissioners B. Planning Staff C. Public III. MINUTES IV. DECLARATION OF CONFLICT OF INTEREST V. PUBLIC HEARINGS: A. Red Butte Cemetery, PUD B. 434 E. Cooper ( Bidwell Building) Commercial Design Referral VI. OTHER BUSINESS VII. BOARD REPORTS VIII. ADJOURN Next Resolution Number: 11 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND thE CODE ADDRESS OF PROPERTY: 75Â©ch (Le ..A th,[A.0,(0\ LA .Al , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 6 241 L i , 2/0 OIl STATE OF COLORADO ) ) SS. Colility of Pitkin ) L (11:zine. please print) .k Ply\. 0~ L C\"-4 being or representing all Applicant to the City ofAspen. Colorado. hereby personal]V certify that [ have complied with tile pllblic notice requirements of Section 26.304.060 (E) ofthe Aspen Land Use Code ill the !1)1 1 owi iii niallner ~ PLANcittion ofnoNce: By tile publication in the legal notice section ofan official paper or a paper of general circulation in the City of Aspen at least fi fteen ( 15) cia> s prior to the public hearing. 11 copy of the publication is anached hereto. ~ Po.ving of notice. By posting of notice, which furm was obtained from tile Coillillunity Development Department. which \\:14 made of suitable. H .ticrproolhnaterials. \\Ilich \\-as not less [han l\vent>'-1\Vo (22) illches Hidc lind t\\C!11\-hix (26) inclics high. anil \\Ilich \\ .1.4 colliposed 4)1101[cr>; not less diationcilich hillcight. h.iid llc,ticc \\,1% posted hi .1 conspicllous place (,11 tile Milliccl propcal> .it Ic,ist lificell (1-3) d.1> S plic)! to tile pliblic llcaring .lilli u.th Cl,littiliousl> \ isibic li<)111 dic 3 - d.13 01' . 2(H) 1- [0 und incllidilly tile datc and linic (31 tlic pliblic Ilearing. .1 /7/1(j/()4/'aph (1/ che /)(3312(1 H(Hil C (.\ /,trm /j attached herem ~ .\/c///1/W ofomice. By the 111:ziling i){11 notice obtained tioni the ('O111111linity Development Department. which contains the information described in Section 26.304.060(13)(2) of the Aspen Land Use Code. At least fifteen (15) days priol- to the public hearing, notice was hand delixered or mailed by first class. postage prepaid U,S, mail to :111 owners of property within three hundred (300) feet ofthe property subject to the development application, and, 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, nitlilicip:11 government. school service district or other governmental Or quasi-governmental agency that owns propeity within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shal[ be those on the current tax records of Pitkin County as they appeared no more ilian sixth (60) days prior to the date of the public hearing, A co/11) c?/ l/?e 01IÂ·7?Ci .5 and govermnental agencies so noticed is unached hereto. (continued on next imge) Rezoning or text uniendment. Whenever the official zoning district niap is in any way to be changed or amended incidental to or as part of a general revision of this title. or whenever tile textof this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land lise regulation. or othenvise. the requirement ofan accurate survey map or other sufficient leual description of, anc! the notice to and listing of names and addresses ofowners of real property in the area o f the proposed change Shall be waived. However. the proposed zoning map has beeii available fur public inspection in the planning agency during all business hours for fifteen ( 15) dll> s pi-ior to the public hearing on such amendments. 41_1--9 S i gllatib [-he foregoing LAffidavit of Notice" was af~nowledized before me this 4.l clay , 200_*, by Nioun 220' naui WITNESS MY HAND AND OFFICIAL SEAL Mv coloimission expires: 45~ / 4///00/.1- ....0 Nh Net. N ; ANNGÂ· 1 E 1 4 KEENEY 30 F 1042Â»121/ \01.11Â·v Pubbc 0 ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL PUBLIC NOTICE RE: RED BUTTE CEMETERY; GROWTH MANAGEMENT REVIEW FOR ESSENTIAL PUBLIC FACILITY, CONSOLIDATED PUD REVIEW, CONDITIONAL USE REVIEW, AND AN AMENDMENT TO THE OFFICIAL ZONING MAP NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, July 21St, 2009, at a meeting to begin at 4:30 p.m. before the Planning and Zoning Commission, Sister Cities, City Hall, 130 S. Galena St., Aspen, to consider an application to construct a maintenance facility with a work yard and to renovate the historic Victorian-era cabin on the cemetery property. The application requires the following review: approval for Growth Management Review of an Essential Public Facility, Consolidated PUD Review, Conditional Use Review, and an Amendment to the Official Zoning Map. The application was submitted by Alan Richman, on behal f of the Red Butte Cemetery Association, 808 Cemetery Lane, Aspen, CO 81611. The subject property under review is legally described as Sections 1 and 12, Township 10 South, Range 85 West of 68 P.M., City and Townsite of Aspen, also known as 808 Cemetery Lane (commonly referred to as the Red Butte Cemetery). The parcel number for the subject property is 2735- 12-2-00-851. For further information, contact Drew Alexander at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO 81611, (970) 429-2739, Drew.Alexander@ci.aspen.co.us s/LJ Erspamer Planning and Zoning Chair Published in the Aspen Times on June 28*,2009 City of Aspen Account PUBLIC NOTICE ~ DATE ,Â· '' ' â€¢ % TiME bÂ¥Â£2 K PLACE .10 < t. A .1.â€¢.A PURPOSE, ul ...... ..4Â· > Â·,1 4 :/:t '. 1 5Â£.Al?PUÂ·Â·Â·-.~ . ~Â·2&91.AS...~.. Liallit..Ab. . I Â· t CH...W l.. / Easy PeelÂ® Labels A Bend along line to ~~ AVERYÂ® 5160Â® Use AveryÂ® Template 5160Â® Feed Paper expose Pop-Up EdgeTM A A 1245 BUNNY COURT LLC ALTFELD PHILIP Z TRUST 777 CLUB LLC C/O DAVID HYMAN ALTFELD MARIANN S TRUST 777 CEMETERY LN PO BOX 1954 1250 SNOWBUNNY LN ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN GOLF PRO SHOP APPLEBY ALANA & BLAKE ASPEN SB PROPERTY LLC C/O SSI VENTURE LLC PO BOX 9382 4101 PERIMETER CENTER DR #350 299 MILWAUKEE ST #502 ASPEN, CO 81612 OKLAHOMA CITY, OK 73112 DENVER, CO 80206-5045 BACHMANN BRAD ASPEN VALLEY MEDICAL FOUNDATION BARABE CAROLYN STERN MICHELLE PO BOX 1639 790 CASTLE CREEK DR 63 S BENTON WOOD CIR ASPEN, CO 81612 ASPEN, CO 81611 THE WOODLANDS, TX 77382 BAXTER DR J STERLING BEALS ROBERT BERKO NORA PO BOX C 606 SPRING ST 1230 SNOW/BUNNY LN ASPEN, CO 81612 MACON, GA 31201 ASPEN, CO 81611 CALLAHAN CYNTHIA TRUST 74.95% BLACK BETSY P BLACK BIRCH ESTATES LLC C/O CALLAHAN JOHN E 44125 E HWY 82 6925 HILL FOREST DR 750 CEMETERY LN ASPEN, CO 81611 DALLAS, TX 75230 ASPEN, CO 81611 CARR RICHARD & JENNIFER CASE JULIE KENNER CERISE JAMES M 1285 MOUNTAIN VIEW DR 1265 MOUNTAIN VIEW DR 790 CASTLE CREEK DR ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 CITY OF ASPEN CHALOUPKA DONALD & VIRGINIA M CHRISTENSEN ROBERT M & CANDICE L ATTN FINANCE DEPT 561 TRAILWOOD CIR 1240 MOUNTAIN VIEW DR 130 S GALENA ST WINDSOR, CO 80550 ASPEN, CO 81611 ASPEN, CO 81611 CROSSROADS CHURCH OF ASPEN DANKS LAURA DAVIDSON ARIAIL SCOTT 726 W FRANCIS ST 845 CEMETERY LN PO BOX 5141 ASPEN. CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 DAVIDSON DONALD ENGLANDER ALAN S TRUST ERDMAN CINDA W & DONNELLEY 864 CEMETERY LN 323 RAILROAD AVE 2155 BIRNAM WOOD DR ASPEN, CO 81611 GREENWICH, CT 06836 SANTA BARBARA, CA 93108-2299 PEER ALYSSA E&M PETER GEORGE DANIEL R DR GIANCARLO FAMILY TRST 2501 BRIARWOOD DR 630 E HYMAN AVE STE 22 36 EUCLID AVE BOULDER, CO 80305-6803 ASPEN, CO 81611 ATHERTON, CA 94027 A Etiquettes faciles & peler Repliez h la hachure afin de www,avery.com i Sens de Utilisez le gabarit AVERYÂ® 5160Â® r*veler le rebord Pep-Upâ„¢ 1-800-GO-AVERY ' chargement 1 Easy PeelÂ® Labels A Bend along line to Use AveryÂ® Template 5160Â® Feed Paper expose Pop-Up EdgeTM ~ AVERYÂ® 5160Â® 1 A GOLDSBURY CHRISTOPHER JR REV GRUMBACHER M THOMAS GOLDEN PHILIP A & ANNABEL H TRUST BON-TON STORES INC 1235 SNOWBUNNY LN C/O ASSESSMENT TECHNOLOGIES LTD PO BOX 2821 ASPEN, CO 81611 121 INTERPARK BLVD STE 308 YORK, PA 17405 SAN ANTONIO, TX 78216 GUBSER MARGARET B HAMILL SHELLY A & ROBERT L HOMEYER EVE 1227 MOUNTAIN VIEW DR PO BOX HS 194 810 CEMETERY LN ASPEN, CO 81611 SMITHS BERMUDA, HSBX ASPEN, CO 81611 HYMAN DAVID HOLITSMA BOBBI ANN HUDSON FRASHERANN REID BARBARA P 1278 SNOWBUNNY LN #2 616 TEXAS ST PO BOX 1954 ASPEN, CO 81611 FORT WORTH, TX 76102 ASPEN, CO 81612 JBL KEYSTONE LLC JOHNSON PETER C & SANDRA K KENDALL PHILLIP A PO BOX 8355 51 OVERLOOK DR 2121 WOOD AVE ASPEN, CO 81612 ASPEN, CO 81611-1008 COLORADO SPRINGS, CO 80907 KIMBROUGH MARY JO KOPF CAROL ANN & DONALD W LA COUTER WILLIAM R 830 CEMETERY LN PO BOX 956 1220 SNOWBUNNY LN ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 LINDEN LANE LLC LATTA HELEN S CONDUIT TRUST LOWEY MARILYN C/O PAMELA ROSENAU 28 LA CUMBRE CIR 1215A SNOWBUNNY LN 1721 STONE CANYON RD SANTA BARBARA, CA 93105-4442 ASPEN, CO 81611 LOS ANGELES, CA 90077 LPRP RIVER LLC 50% LUX ASPEN LLC MAPLE MICHAEL C & JULIE LPRP MILL LLC 50% 1252 SNOWBUNNY LN 1250 MTN VIEW DR 1100 BLACK BIRCH DR ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 MCGILVRAY JOYCE & ALEXANDER C MELVILLE RALPH P & MARIAN H MCPHERSON DOUGLAS J & SUSAN L TRSTE MELVILLE GRAIG W & TERESA M LEE- PO BOX 4412 325 ARLINGTON DR 1286 SNOWBUNNY LN ASPEN, CO 81612 PASADENA, CA 91105 ASPEN, CO 81611 MESSIAH EVANGELICAL LUTHERAN ORE BUCKET ASSOCIATES NICHOLS GAIL H CHURCH C/O WILLOW CONNERY 1220 SNOWBUNNY LN 1235 MTN VIEW DR 1944 HUDSON ST ASPEN, CO 81611 ASPEN, CO 81611 DENVER, CO 80220 POGLIANO FELIX JR C S TRUST 38.46% POGLIANO LENORE L 61.54% PORTER JOE ALLEN & MARGARET A 525 W HALLAM ST 1110 BLACK BIRCH DR 1270 SNOWBUNNY LN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 Etiquettes faciles 6 peler Repliez A la hachure afin de www.avery.com K Sens de Utilisez le gabarit AVERYÂ®5160Â® r*veler le rebord Pep-Upâ„¢ 1-800-GO-AVERY chargenlent Easy PeelÂ® Labels A Bend along line to Use AveryÂ® Template 5160Â® Feed Paper expose Pop-Up EdgeTM ~ AVERYÂ® 5160Â® i 1 ROSEN JACQUELINE S ROTH EDWIN MORTON REV TRUST ROWLANDS DONNA K REV TRST 1285 SNOWBUNNY LN 1225 SNOWBUNNY LN PO BOX 8310 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 SAUSSUS GUY & MARTINE SCHEFLER ARNO D SHAW RICHARD W & SARAH C 3015 BRYAN ST #3A PO BOX 1005 1220 MOUNTAIN VIEW DR DALLAS, TX 75204 ASPEN, CO 81612 ASPEN, CO 81611 SHLOMOS ON THE GREEN SNOWBUNNY LLC SNOWBUNNY LP 39551 HWY 82 9051 WATSON RD #333 2529 E INDIAN MOUND RD ASPEN, CO 81611 ST LOUIS, MO 63126 BLOOMFIELD HILLS, MI 48301 SPIRITAS A/K 1991 TRUST STEGE J B STEGE LELIA TAYLOR 2900 N FITZHUGH #200 PO BOX 8355 830 CEMETERY LN DALLAS, TX 75204-3204 ASPEN, CO 81612 ASPEN, CO 81611 STRAUS TRACY J STRICKSTEIN FAMILYTRUST TAML HOLDINGS LTD 112 W 18TH ST #3A 12599 E SILVER SPUR 3120 ROGERDALE #150 NEW YORK, NY 10011 SCOTTSDALE, AZ 85259 HOUSTON, TX 77042 THOMPSON DONNA M TRUST TOWER CHARLES D TREADWELL DONNA 1208 SNOWBUNNY LN PO BOX 3014 1200 CALIFORNIA ST #10C ASPEN, CO 81611 ASPEN, CO 81612 SAN FRANCISCO, CA 94109 UKRAINE LINDA W REV TRUST WALL CHARLES R REV TRUST WEIMANN PROPERTIES ELLP PO BOX 10844 777 CASTLE CREEK DR 775 CEMETERY LN ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 WEISS CLIFFORD & STACEY WILPON JEFFREY & VALERIE WINCHESTER ROBERT P 1280 SNOWBUNNY LN 14 BROAD RD PO BOX 5000 ASPEN, CO 81611 GREENWICH, CT 06830 SNOWMASS VILLAGE, CO 81615 ZANIN FAMILY INVST LLC ZIMET MILLARD & SUSAN 00308 MC SKIMMING RD 1315 MTN VIEW DR ASPEN, CO 81611 ASPEN, CO 81611 A Etiquettes faciles & peler Repliez Ala hachure afin de www.avery.com Sens de Utilisez le gabarit AVERYÂ® 5160Â® rev*ler le rebord Pop-UpTM 1-800-GO-AVERY , chargement A AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 203 -Entâ‚¬ CtrAFTEE_4 , Aspen, CO SCHEDULED PUBLIC HEARING DATE: cub \ v. 21 , 200-5~ L.3 STATE OF COLORADO ) ) SS. County of Pitkin ) I. (name, please print) <TrAA\Ta---446-k-b-k\C 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: bC 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 ofthe 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 htaring and was continuously visible from the day of , 200 , to and including the date and time of the public hearing. A photograph of the pos,ed notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of.theaowners and governmental agencies so noticed is attached hereto. (continued on next page) b 4/ Mineral Estate Owner Notice. By the certified mailing of notice. return receipt requested. to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are subject to this notice requirement. Rezoning or text ame ndme nt. 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 o f an accurate survey map or other sufficient legal description o f, and the notice to and listing o f names and addresses o f owners o f real property in the area o f 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. 4--6\UP*LL Signature The forefoing "A ffidavit of Notice" was acknowledged before me this2#Ly of FJU-,hy-- , 204, by 416'AM*â‚¬1/Â·phof-AL WITNESS MY HAND AND OFFICIAL SEAL ' My commission expires: -TUL. Al,6,5- Notary Public ATTACHMENTS AS APPLICABLE: . â€¢ COPY OF THE PUBLICATION .. â€¢ PHOTOGRAPH OF THE POSTED NOTICE (SIGN) 4, 64 j â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES BY MAIL F dOLOF â€¢ APPLICANT CERTIFICATION OF MINERAL ESTAE OWNE#Â¤ir*aWE*es 09251629 AS REQUIRED BY C.R.S. Â§24-65.5-103.3 .. FU SL IU NO 1 ICE RE: RED BUTTE CEMETERY; GROWTH MANAGEMENT REVIEW FOR ESSENTIAL PUBLIC FACILITY, CONSOLIDATED PUD REVIEW, CONDITIONAL USE REVIEW, AND AN AMENDMENT TO THE bFFICIAL ZONING MAP NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, July 21st, 2009. at a meeting to begin at 4:30 p.m. before the Planning and Zoning Commission, Sister Cities, City Hall, 130 S. Galena St., Aspen, to consider an application to construct a maintenance facility with a work yard and to renovate the historic lictorian-era cabin on the cemetery property. The application requires the following review: approval or Growth Management Review of an Essential 'ublic Facility, Consolidated PUD Review, Donditional Use Review, and an Amendment to the Official Zoning Map. The application was Bubmitted by Alan Richman, on behalf of the Red Butte Cemetery Association, 808 Cemetery Lane, Aspen. CO 81611. The subject properly under eview is legally described as Sections 1 and 12, rownship 10 South, Range 85 West of 6th P.M. Dity and Townsite of Aspen, also known as 808 Demetery Lane (commonly referred to as the Red 3utte Cemetery) The parcel number for the ;ubject property is 2735-12-2-00-851. 'or further information, contact Drew Alexander at he City of Aspen Community Development De- lartment, 130 S. Galena St., Aspen, CO 81611, 970) 429 2739. Drew.Alexandef@ci.asgen.co.us /s/LJ Erspamer Planning and Zoning Chair 'ublished in the Aspen Times Weekly on June !8th, 2009. [3630834] C - -ir& 118006 boull. 15-33 wll-AIR.14,Ink,LUrner,40.,4 thene, Sculh 4396' Ret 1,005.18 bet to Corner No. 4, thence South 519 1' West 1,310.10 *ct 10 Comer No. 5, thence North 54'18' West 1,032.90 84 10 Colner No. 6. theace North 1717' Eas, 1,5(*1.18 fee~ to Corner No. I the Poi EXCRPTING '1111.REFROM ~t portian thereof bying Soue Homested Entry Survey No. 308 situaxed on Sectiom 29 Meridian, Pilkin County, Colorado, said Ccmertlne more pâ€¢An Beginning at a point h th, center of said County Road being Comer No 6 and Comer No, 1 of said If.R & No. 308, whenÂ¢ fect; thence along sald CÂ®nterline the following courscs and di-ne Nouth 7398'2r Ilast 71.00 feetÂ· Sou0h 67'38'53Â» Rd 133.00 fbet: Soodh 7794'0(7' Em* 132.50 feet, South 85Â°00'DO" East 63.00 fret; South 63Â°54'00" Bast 126.12 feet, South 6693'00" Hast 165.39 feet; South 71'20'00Â·' E.st 8&00 feet; South 80'20'00" Rast 3580 feet South 72'15'0' E- 145.50 Ret m the intersection with the whtnec said Conner No. 3 bears North 43Â°36' West 7830 feet, AND INCUIDINO THE FOLLOWING, WHICH IS AM'UR A parcct of land in the NW k of Sectiou 10. or Susprndi pa:11Â¢01/ty deso:ibed as folto,vsÂ· Cominencing m the Nofthwest Comer of Said Section 30: th 308, being monumented with an alu,ninum cap stainped MLS monuments bean S. 12~ 17Â· W. a di,t~ke of 1.500 IS keli 1 distance of 47108 Act to the TRUE POINT OF BEGINNINC continuing S.12* 17'W. a distance of 84.08 fect lo a No. 3 n dE-ee of 29.4 1 ht to I No. S reber with 'lum*'ll cap m. 5 rebar with *loininum Hp marked RLS 12029; thence N. 38 marked RLS 12029; thence N. 54-00' E. a dIstalies of 29.24 feet or 0.046 acres. more or least COUNTY u MTKIN, STATE OF COLORADO knewab, 0rntend=~,1-,6-a~~~ Page 1 of 1 X-Eon-Dm: dm0207 X-Eon-Sig: AQL9tRdKbhC0gLg88wIAAAAD,dbdafla79ac30aba43 1 e9ceca52805dc From: "graeme means" <graeme@sopris.net> To: "Alan Richman" <arichman@sopris.net> Cc: "John Thorpe" <thorpejet@msn.com>, "Stoney Davis" <dstoned@comcast.net> Subject: Response to P&Z conditions Date: Mon, 27 Jul 2009 14:40:23 -0600 X-Mailer: Microsoft Outlook Express 6.00.2900.5512 X-Antivirus: AVG for E-mail 8.5.392 [270.13.32/2266] a) Who comes up with the "ongoing management strategy for vegetation,,.", what does it consist of, and when is it due? b) I have forgotten the exact conversation and decision in the meeting. Is this condition OK with Stoney and John? d) This condition needs commas after "building" and "maintained" to read well. Also, the 5 foot setback seems to apply to the whole property. I believe our intention is to limit the setback to the Activity Envelope only as we are trying to avoid a masterplan of the whole property. I suggest the following: " A five foot setback from the top of bank (as marked on survey by Aspen Survey Engineers) shall be provided for all development within the Activity Envelope except for that area of approximately 35 feet adjacent to the Spoils Cribs as indicated on the Activity Envelope Plan. In the area-Qf this exclusion, there shall be a boulder retaining wall to protect the edge of bank similar to that shown lietailS,~dge of Bank contained in the Planning and Zoning Commission Submission Packet." Graeme No virus found in this incoming message. Checked by AVG - www.avg.com Version: 8.5.392 / Virus Database: 270.13.32/2266 - Release Date: 07/27/09 05:58:00 file://C:\DOCUME-1\ALANRI-1\LOCALS-l\Temp\eud 1BD.html 07/27/09 portion of the property. The road network will be extended and the irrigation ditches and trees that line the roads will continue in much the same fashion you see up front. So the Association has a clear picture of how the undeveloped area will be used in the future and has located the proposed maintenance facility to avoid any plots that are committed to individuals or to organizations, and to minimize the loss of future plots for sale. I think there is a real danger as you review this application in trying to treat the cemetery as if it were being run by a governmental agency or a special district, or even by a non- profit group that has a constant revenue source, like some of our arts groups. Instead, we would ask you to remember that this is an organization with limited ability to generate funds, so it has to rely on volunteers for many of its projects. So imposing mandates on this organization about the kinds of plans it ought to prepare or that it should broaden its land steward mission to suit the neighbors is simply beyond their means. Resolution No. 11 (SERIES OF 2009) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING CONDITIONAL USE REVIEW AND RECOMMENDING APPROVAL OF CONSOLIDATED PUD REVIEW, AMMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP, AND GROWTH MANAGEMENT REVIEW FOR AND ESSENTIAL PUBLIC FACILITY FOR THE RED BUTTE CEMETERY, LOCATED AT 808 CEMETERY LANE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-12-2-00-851 WHEREAS, the City of Aspen Historic Preservation Commission reviewed a Major Development (Conceptual) application from the Applicant, Red Butte Cemetery Association, represented by Alan Richman Planning Services and Graeme Means, Architect, for the construction of a new maintenance building at Red Butte Cemetery, located at 808 Cemetery Lane, a parcel of land located in Sections 1 and 12, Township 10 South, Range 85 West of the 601 p.m., City and Townsite of Aspen; and, WHEREAS, at their regular meeting on December 10, 2008 (after opening and continuing the public hearing on this matter on January 9,2008, February 27,2008, and June 11,2008) the Historic Preservation Commission considered the application, found the application was consistent with the review standards and "City of Aspen Historic Preservation Design Guidelines" and approved the application with conditions by a vote of 5 to 0 under Resolution No. 30, Series of 2008; and, WHEREAS, the Applicant held a pre-application conference with Community Development staff; and, WHEREAS, the Applicant submitted an application for Conditional Use Review, Consolidated PUD Review, Amendment to the Official Zone District Map, and Growth Management for Essential Public Facilities; and, WHEREAS, a Development Review Committee (DRC) meeting was held with the Applicant on June, 24th 2009 and comments and recommendations were gathered from the City of Aspen Parks, Engineering, and Building departments, along with comments from the Aspen Consolidated Sanitation District; and, WHEREAS, the approval recommendations from the referral departments have been added to this resolution; and, WHEREAS, a publicly noticed site visit was held on July 1501,2009; and, RECEPTION#: 562525,09/04/2009 at 09:17:25 AM, Resolution No 11, Series 2009 1 OF 9, R $46.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO Page 1 of 7 WHEREAS, the Planning and Zoning Commission reviewed the application upon recommendation from the Community Development Department on July 21St, 2009 during a noticed public hearing; 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 approval and recommendation of approval of the land use requests is consistent with the goals and objectives 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 voted in favor of the application by a unanimous vote of 6 - Oby those present. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves Conditional Use Review and recommends approval of: Consolidated PUD Review, Amendment to the Official Zone District Map, and Growth Management Review for an Essential Public Facility to City Council, based on the following conditions. a) The Red Butte Cemetery Association shall develop an ongoing management strategy in coordination with the City of Aspen Parks Department for the vegetation on site, specifically the cottonwoods. This applies both to existing conditions on the southern portion of the property and the planned expansion northward. The expansion should be generally consistent with the existing character and pattern of the vegetation and grid system found in the southern portion o f the cemetery. b) Storage of heavy equipment shall be within the activity envelope displayed on the site plan. This shall not apply to any easement agreements on the cemetery that provide for equipment to work on the property. c) Heavy equipment or trucks with diesel engines shall be plugged in for engine heat for at least 12 hours prior to starting during winter months when temperatures are below 40 degrees Fahrenheit. d) A five foot setback from the top of bank (as marked on survey by Aspen Survey Engineers) shall be provided for all development within the Activity Envelope except for that area of approximately 35 feet adjacent to the spoils cribs as Resolution No 11, Series 2009 Page 2 of 7 indicated on the Activity Envelope Plan. In the area of this exclusion, there shall be a boulder retaining wall to protect the edge of bank similar to that shown in Exhibit A. e) Â· The number of employees generated is determined to be one (1) for the existing use. An employee audit by the Red Butte Cemetery Association shall occur no later than two (2) years after a C/O has been issued. f) The maintenance facility shall not be used as a living unit or as a place to sleep overnight. g) Operation of the maintenance facility shall coincide with daylight hours, excluding emergencies and work undertaken by beneficiaries of any easements upon the cemetery property. Section 2: Building Permit Application The building permit application shall include the following: a. A copy ofthe final recorded Ordinance. b. The conditions of approval printed on the cover page of the building permit set. c. If required, a drainage plan, including an erosion control plan prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. d. As applicable, an excavation stabilization plan, construction management plan (CMP), top of bank and stability of hillside plan, tree protection plan and drainage and soils (as mentioned in DRC comments, Exhibits B and C) reports pursuant to the Building Department' s requirements. e. As applicable, a fugitive dust control plan to be reviewed and approved by the Environmental Health Department. f. As applicable, a detailed excavation plan that utilizes vertical soil stabilization techniques, or other techniques, if appropriate and acceptable, for review and approval by the City Engineer. g. Accessibility and ADA requirements shall be addressed to satisfactorily meet adopted building codes. Section 3: Dimensional Requirements Any development on the site shall adhere to the dimensional requirements established in the adopted PUD. The Commission recommends the following standards: Resolution No 11, Series 2009 Page 3 of 7 Table 1: Proposed Dimensional Requirements for PUD TABLE 1 DIMENSIONAL REQUIREMENTS FOR THE RED BUTTE CEMETERY PUD Requirement Proposed Conditions Minimum Lot Size The cemetery is 16.8 acres in size. Minimum Lot Area Per Dwelling Unit Not applicable. Minimum Lot Width The cemetery is a minimum of 1,275 feet wide. Minimum Front Yard The maintenance facility will be a minimum of 340 feet from the front property line. The Victorian cabin will be a minimum of 390 feet from the front property line. Minimum Side Yard The maintenance facility will be a minimum of 170 feet from the side property line. The Victorian cabin will be a minimum of 15' from the side property line. Minimum Rear Yard The maintenance facility will be a minimum of 165 feet from the rear property line. The Victorian cabin and the outhouse will be a minimum of 130 feet from the rear property line. Maximum Height The maintenance facility will have a height that is a maximum of 20 feet to the peak of the roof. Minimum Distance Between Buildings on The Victorian cabin will be a minimum of 10' from the the Lot outhouse. Minimum Percent of Open Space A minimum of 95% of the site will be open space. Maximum External Floor Area Ratio The maintenance building will contain a maximum of 1,300 sq. ft. of floor area. The Victorian cabin and outhouse will contain a combined maximum of 275 sq. ft. of floor area. Notes: See Exhibit B which identifies which property boundaries are the front, side and rear yards. Setbacks are measured from building facades, not the envelopes. Resolution No 11, Series 2009 Page 4 of 7 Section 4: Engineering Building permit submission shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation published by the engineering department. Section 5: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Section 6: Water Department Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards o f Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Section 7: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. The ACSD also requests that both options for connecting available sewer lines to the maintenance facility be shown on the proposed plans. Section 8: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting for both Residential and Non-residential lighting standards. If there is a conflict between the two regulations, the more restrictive shall apply. Section 9: The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of final development approval as required under Section 26.304.070(A) of this Chapter. Section 10: Zoning that is not part of the approved site specific development plan shall not result in the creation of a vested property right. Section 11: Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. Resolution No 11, Series 2009 Page 5 of 7 Section 12: The establishment of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this development approval, the applicant shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing by the city. Section 13: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or ' documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 14: 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 ordinanees repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 15: 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. Resolution No 11, Series 2009 Page 6 of 7 APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 21St day of July, 2009. APPROVED AS TO FORM: PLANNING %ND ZONING 0 N: hi w rÂ»Â»00'~ / Jim True, Special Counsel Lketrspamp]*thair ATTEST: U U ~ackie Lothian, Deputy City Clerk List of Exhibits Exhibit A: Barrier wall details. Exhibit B: Site Plan Exhibit C: Parks DRC comments Exhibit D: Engineering DRC comments Resolution No 11, Series 2009 Page 7 of 7 tl A-Frk_C> *. 145 0 150 U-LID tpL 013Â·P R.O U..Ll>12122 14Â·-1 rv 6' G-EAÂ·Â·415.- ft tz_ 112.-4 MAG,- E- - D !%,r;* 1 1. 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COLORADO. 81611 0 A (970) 9259150 5 (06/ PAL M + V E- H LI Le--1 1 k % Regular Meeting Aspen Planning and Zoning June 16,2009 Comments 2 Minutes 2 Conflicts of Interest 2 500 Doolittle Dr SPA Amendment 2 Five Trees Subdivision PUD Amendment 2 Code Amendment Design Call up 6 1 Regular Meeting Aspen Planning and Zoning June 16, 2009 Stan Gibbs opened the regular P&Z Meeting in the Sister Cities Meeting Room at 4:30pm. Commissioners Cliff Weiss, Bert Myrin, Mike Wampler, Stan Gibbs and Dina Bloom were present. Excused were LJ Erspamer, Jim DeFrancia and Brian Speck. Staff in attendance were Errin Evans, Jennifer Phelan, Community Development; Jackie Lothian, Deputy City Clerk. COMMENTS Cliff Weiss voiced concern for the Code Amendment Commercial-Design call-up. The order of the agenda was changed to 500 Doolittle drive first, Five Trees second and Code Amendment third. There would also be discussion of the overall schedule for P&Z. MINUTES Cliff Weiss asked about the work session mentioned on page 2 of the minutes. Jennifer Phelan responded that there was a work session with Council and the issue was rooftop access. MOTION: Cliff Weiss moved to approve the minutes from 04/21/09. Seconded by Mike Wampler; all in favor, Approved. CONFLICT OF INTEREST None Stated. PUBLIC HEARING: 500 DOOLITTLE DR SPA AMENDMENT Stan Gibbs opened the public hearing. Mitch Haas provided notice and posting. Errin Evans stated before you is the review for a Specially Planned Area (SPA) amendment, Growth Management Quota System Review under essential public facilities and 8040 Greenline Review for a fagade remodel o f the administration building and an addition o f a carport at the City' s Water Treatment Plant. Evans said it was the authority of the Planning & Zoning Commission to approve or deny the 8040 Greenline Review and make a recommendation to City Council regarding the SPA amendment and the Growth Management. Staff recommends approval of the application. Mitch Haas said that the request was to extend the roofline for storage of heavy equipment in the winter and redoing the entrance to the administration building so access could be handled more efficiently. Haas said there were no problems with the staff memo or resolution. Haas utilized a drawing to show the eve and 2 Regular Meeting Aspen Planning and Zoning June 16, 2009 property, which was 54 acres. Haas said the office expansion was no longer in this year's budget and that was the reason for coming back to P&Z another time. Stan Gibbs asked ifthere was 104,000 square feet of approved space for the SPA. Evans replied yes, the SPA was done in the early 1980s and the site was large. MOTION: Cliff Weiss moved to approve Resolution 010-09approving with conditions, the recommendations for Growth Management Review and Specially Planned Area amendment to Council and approving the requests for 8040 Greenline Review at 500 Doolittle Drive on the City of Aspen Water Treatment Plant ; Dina Bloom seconded. Roll call vote: Wampler, yes; Myrin, yes; Bloom, yes; Weiss, yes; Gibbs, yes; Approved 5-0. PUBLIC HEARING: FIVE TREES SUBDIVISION PUD AMENDMENT Stan Gibbs opened the public hearing for Five Trees Subdivision PUD Amendment. Jennifer Phelan explained that Jim Korpela from Beach Resource Management represented the homeowners o f the Moore Family PUD also known as Five Trees. Phelan provided proof of notice for posting, mailing and newspaper. Jennifer Phelan said the PUD contained 40 free market lots and 30 affordable housing lots and some open space/park areas and the ski club area. The PUD is regulated by adopted design guidelines and one design guideline says that all development except for driveways and retaining walls associated with driveways are required to be in a building envelope. Phelan stated the building envelope sets the setbacks for a building and contains all of the development within an area on the site. This subdivision was approved in the county and annexed into the city; this subdivision does not have an activity envelope and because of this there were problems with spacing and appropriate landscaping, handling drainage issues on site and connecting and trenching utilities from the road to the property. Phelan said that Community Development has been working with the Parks Department, Engineering Department and with Beach Resource Management to allow an Activity Envelope. The Activity Envelope would be a defined area from the foundation of a building out 20 feet and within that activity envelope it would allow for drainage swales, drywells, geothermal wells, and approved landscaping. The Interim Disturbance Area which is a 10 foot wide trenching allowance from the street to the building envelope for utilities that's required to be re-vegetated with natural landscaping and be approved by both Beach Resource Management on behal f o f the homeowners and the Parks Department. During discussions it came 3 Regular Meeting aspen Planning and Zoning June 16, 2009 up that it might be appropriate to put some landscaping in open space areas o f the subdivision and i f there were issues of diseased trees outside the building envelope there was some allowance to work with the Parks Department to remove and replant diseased trees. Phelan explained that there were 40 free-market lots zoned R-30 and R.-15 zone district constituted 30 affordable housing units. Phelan said the R-30 minimum lot size was 30,000 feet with minimum front yard setback at 25 feet; side yard setback is 10 feet and rear is 15 feet. Phelan said on the eastern by the ski lift easement there was over 20 foot setback from the building. Bert Myrin said that trees go to die behind the Red Brick. Myrin asked how a site constraint worked in the city for the relocation of trees. Phelan replied Parks will come out and determine what trees by caliper and/or species on the property and will determine what trees to be saved and what trees can be removed with a Parks Mitigation fee or that tree that was removed must be replaced. Phelan said that some people would pay the Parks Mitigation fee, replant trees on the HOA open space or replanting on the owners property. Myrin said the resolution doesn't have a priority on the City's point of view. Phelan responded that it would be a case by case basis; people were interested in landscaping for privacy issues to a degree on their property. Cliff Weiss asked where the relocated idea came from. Myrin suggested a priority that the trees stay on the property first and if that doesn't work then the trees would go on the open space and cash mitigation was the last. Cliff Weiss asked if the 30 and 40 houses were already built. Phelan replied that the affordable housing units were built and about 8 free-market units were not completely built yet. Mike Wampler asked i f the houses that were not yet built would have the same rules as the people who had already built houses. Jennifer Phelan replied yes. Weiss asked if the draining would be optional. Phelan replied that it was not optional drainage had to be maintained on site; drywells can be placed 10 feet from the foundation. Wampler asked what i f people don't want to do it, will they be forced to do it. Phelan replied that a drainage plan was necessary. Wampler asked if there were any other options for the people. Stan Gibbs asked where area 9 was located. Phelan replied that it was in the original plans adjacent to Grey Talon Court. 4 Regular Meeting Aspen Planning and Zoning June 16,2009 Weiss said that he only had one lot and didn't know ifthe property line on a lot 20 feet setback how close was it to the surrounding lots. Phelan replied that someone would not be able to landscape across a property boundary. Jim Korpela, Beach Management Resource Management, pointed out that any landscaping that a homeowner would do, would be subject to the property line boundary. Korpela said there was not an activity envelope in the current PUD and that has hampered efforts to mitigate drainage issues and utility improvements needed to be made; so this was to clean up the language to give the flexibility with the controls in place. Myrin reiterated his prioritizing of the landscaping issues. Phelan suggested i f prioritizing landscape on the actual lot; the second preference would be to landscape on open space and cash in lieu would be third. Korpela said it was good to prioritize. Weiss asked if the house on lot 28 was built. Korpela answered that it was under construction. Public Comments: Bruce said that he lived in the subdivision and agreed with the recommendations. MOTION: Bert Myrin moved to approve Resolution 009 series of 2009 for 500 Doolittle Drive Spa Amendment with the priority in paragraph 6 to include tree replacement on the individual lots is -preferred, secondly with landscaping on the open space and the third cash payment in lieu for mitigation and #7 to maintain a natural environment; Mike Wampler seconded. All in favor of the amendment and roll call: Weiss, yes; Bloom, yes; Wampler, yes; Myrin, yes; Gibbs, yes; APPROVED 5-0. Korepla said that Parks would oversee everything. Discussion on P&Z Schedule: The commissioners and community development discussed the overall schedule. Jennifer Phelan said that there were a number of cases slated to come before P&Z. The commissioners objected to having more meetings especially 2 meetings back to back in one week; and asked why there were 6 meetings additional with HPC on the Wheeler. Phelan said that it would take 2 meetings to go through what the architects had and it takes only 4 members combined P&Z and HPC for a quorum. Then P&Z will review the Wheeler on Growth Management. Phelan said the Wheeler review was conceptual, commercial design and growth management. 5 Regular Meeting t.spen Planning and Zoning June 16, 2009 CONTINUED PUBLIC HEARING: CODE AMENDMENT - COMMERCIAL DESIGN CALL UP Stan Gibbs opened the continued public hearing for the code amendment. Jennifer Phelan explained that there was a call up provision that Council has 30 days to call up a decision made by either the Historic Preservation Commission or the Planning & Zoning Commission with regards to conceptual design approval. If Council calls the decision up, the decision can either be reversed, changed or remanded back to the board that made the decision if it was found that due process had not been provided or the board had exceeded its jurisdiction. Phelan noted that the Council could decide on de novo which could mean that they do not like the decision. MOTION: Cliff Weiss moved to continue the public hearing for the proposed Code Amendment related to Design Call Up specifically Land Use Code Sections 26.415.120; 26.412.0408; 26.415.070DJ and 26.415.07004 to November 3, 2009; Dina Bloom seconded. All infavor, APPROVED5-0. Adjourned at 6:15pm. Jackie Lothian, Deputy City Clerk 6 DRC Comments Red Butte Cemetery PUD 6-24-09 ACSD Requirements Service is contingent upon compliance with the District's rules regulations, and specifications, which are on file at the District office. Oil and Sand separators are required for parking garages and vehicle maintenance establishments. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. Driveway and shop bay external entrance drains must drain to drywells. On-site utility plans require approval by ACSD. ACSD will allow a tap to either the west or north of the proposed building location. All ACSD fees must be paid prior to the issuance of a demolition/access-infrastructure/excavation foundation permit. Peg in our office can develop an estimate for this project once detailed plans have been made available to the district. Where additional development would produce flows that would exceed the planned reserve capacity of the existing system (collection system and or treatment system) an additional proportionate fee will be assessed to eliminate the downstream collection system or treatment capacity constraint. Additional proportionate fees would be collected over time from all development in the area of concern in order to fund the improvements needed. The glycol heating and snow melt system must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. Date: June 2009 Project: Red Butte Cemetery City of Aspen Engineering Department DRC Comments Top of Bank Construction Management and Building permit plans shall include details for top of bank and stability of the hillside during construction. The detailed plan shall identify; Location of silt fencing and erosion control along the hillside. The City can provide specifications if needed: minimum requirements include a silt fence and erosion control measures placed in a manner preventing erosion and protect the river from residual run-off. Stormwater System Development Fee Due to increase of impervious area on site the Stormwater System Development fee will be triggered during plan review. The Stormwater system development fee is applied to projects that create or disturb more than 500 square feet of impervious area. The fee is $2.88 per square foot of total impervious area on the site and is calculated and applied during building permit review. Construction Management Plan A construction management plan must be submitted in conjunction with the building permit application. The plan must include a planned sequence of construction that minimizes construction impacts to the public. The plan shall describe mitigation for: parking, staging/encroachments, truck traffic, noise, dust. and erosion/sediment pollution. Detailed plans are required prior to council - please see engineering department for specific details. *ASPEN iPARKS & RECREATION Memorandum Date: June 16,2009 To: Drew Alexander, Planner From: Brian Flynn, Parks Department Re: Red Butte Cemetery, DRC review 1. Building permit plans shall include a detailed plan submitted for top of bank and stability of the hillside above the trail. The detailed plan shall identify; Location of silt fencing and erosion control along the hillside. The City can provide specifications if needed: minimum requirements include a silt fence and straw bales placed in a manner preventing erosion and protect the river from residual run-off. 2. Building permit plans shall include a detailed plan submitted for Construction staging. This plan shall detail how the construction will take place with staging, storage of materials and locations o f vehicles so that trees remaining on site will not be impacted and that the top of slope is protected. 3. Building permit plans shall include a detailed plan submitted for Tree Protection: â€¢ Tree protection fences must be in place and inspected by the city forester or his/her designee (920-5120) before any construction activities are to commence. â€¢ No excavation, storage of materials, storage of construction backfill, and storage of equipment, foot or vehicle traffic allowed within the drip line of ally tree on site. â€¢ There should be a location and standard for this fencing denoted on the plan. Current locations are identified above the 15' set back and along the side yard setbacks. 4. The cemetery should have in place a management and care program for the existing cottonwood trees. Recent damage to the trees and pending impacts should be addressed through a specific management plan designed by a professional tree care professional. MEMORANDUM TO: Plans were routed to those departments checked-0 ff below, i f you were not routed and feel that you would like to review the project in detail please contact me: 4 ........... City Engineer ........... Zoning Officer ........... Housing Department ........... Parks Department ........... Aspen Fire Marshal .......... City Water ........... Aspen Consolidated Sanitation District ........ Building Department ........... Environmental Health ........... Electric Department ........... Holy Cross Electric ........... City Attorney ........... Streets Department Historic Preservation Officer Pitkin County Planning ........... County & City Disaster Coordinator ........... Police ........... Transportation Parking FROM: Drew Alexander; Community Development Department 429.2739 or drew.alexander@ci.aspen.co.us DRC MEETING DATE: Wednesday, June 17th @ 1:30 Council Chambers PACKETS SENT: Friday, June 5th COMMENTS DUE: Friday, June 26th RE: DRC Review - Red Butte Cemetery PUD SUMMARY: The Applicant, Red Butte Cemetery Association, has requested approval construct a permanent maintenance facility on the eastern portion of the property. The maintenance facility would act as a work yard and storage structure for the vehicles and equipment the cemetery demands for maintenance, including a pick-up truck, skid loader, four wheeler and trailer, large riding mower, motorized weed eaters, and various other hand tools. This new maintenance facility would consolidate the cemetery maintenance functions to one location that being the current site of the temporary fabric storage shed. Water and electric are included in the proposal for this facility. This maintenance area would also include cribs that would store the spoils piles from the excavation of burial plots at the cemetery. These cribs would shield the spoils which are currently visible from the surrounding neighborhoods. The Applicant also is proposing to restore the Victorian-era cabin and outhouse that exist on the southeast corner of the site. The Applicant wishes to gently restore the exterior of these structures and do a complete renovation of the interior of the cabin. Electrical service, insulation, Pagel of 2 and drywall would all be added to the cabin. This renovation is intended to improve the functionality of the cabin operating as a meeting place between users of cemetery and the property manager. This application requires several different approvals from P&Z and City Council. The requirement for the PUD establishment follows those regulations pursuant to I.and Use Code Section 26.710.240.D, Park (P) Zone District Dimensional Requirements: Page 2 of 2 PUBLIC NOTICE RE: RED BUTTE CEMETERY; GROWTH MANAGEMENT REVIEW FOR ESSENTIAL PUBLIC FACILITY, CONSOLIDATED PUD REVIEW, CONDITIONAL USE REVIEW, AND AN AMENDMENT TO THE OFFICIAL ZONING MAP NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, July 21St, 2009, at a meeting to begin at 4:30 p.m. before the Planning and Zoning Commission, Sister Cities, City Hall, 130 S. Galena St., Aspen, to consider an application to construct a maintenance facility with a work yard and to renovate the historic Victorian-era cabin on the cemetery property. The application requires the following review: approval for Growth Management Review of an Essential Public Facility, Consolidated PUD Review, Conditional Use Review, and an Amendment to the Official Zoning Map, The application was submitted by Alan Richman, on behalf of the Red Butte Cemetery Association, 808 Cemetery Lane, Aspen, CO 81611. The subject property under review is legally described as Sections 1 and 12, Township th 10 South, Range 85 West of 6 P.M., City and Townsite of Aspen, also known as 808 Cemetery Lane (commonly referred to as the Red Butte Cemetery). The parcel number for the subject property is 2735- 12-2-00-851. For further information, contact Drew Alexander at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO 81611, (970) 429-2739, Drew.Alexander@ci.aspen.co.us s/LJ Erspamer Planning and Zoning Chair Published in the Aspen Times on June 28*,2009 City of Aspen Account Fee Wai'. _r Request Form City of Aspen THE CRY OF ASPEN Community Development Department This form should be completed and submitted to the Community Development Director for review. You will be notified when a decision has been made to waive or not to waive the fees regarded in this request form. For what fees are you requesting waiver? E BUILDING 9 PLANNING Applicant Name: te/O %44( le'-\&03 00$(AL-,4.*01 Contact Ph.# CkYS-2-691 Mailing address: 9-0 tox vii A"rÂ·- G 9.6 <2 E-mail address: ...'&00.fj-yt <2 Co-CA-54.-3 Projectname&address: (leo @-42 et-cife#1 6-SiLJ-AJLQ QUO Leog Le--li~ LA -c Fee Breakdown: Original Fee Requested Original Fee Requested Fee Description Fee Description Arnount Waiver Amount Waiver Energy Code Fee REMP Fee Excavation Foundation Fee Zoning Review Fee Inspection Fee Planning Application Fee .3169 -5161 Permit Fee HPC Application Fee Plan Check Other: TOTAL OF FEE WAIVER REQUEST $ 3-34 9 Reason for Waiver: U General Fund Department El Waived or decreased by City Council (specify ordinance or other decision document) LE Other-Please ixplain: Set AN A-LL.& le--16-A. Aote-- j 66Mt *#2 (~te.5 1.4.\\ 4A tk (IN.0 9.-Â·0 - *ec- C.Â£>*UP+04!L...44 0.-te,AA D,i- AM.SUL.,4Â·*~1 L,0 0 -\O 'Â·elt,VA-) t ('~4 54 04{ lÂ·VALJâ€¢-0 AS wt/\. 4 AL 2-12 6(3(01 Applicant Signature Date For office use only: Type of fees waived: 1-lole r#* {61'. *mt 'AMVI WN TA# )4 0 45-10 Ic PcÂ«@ 4 Total fees waived: $ pe e '91*PPROVED E DISAPPROVED 04%/ ~~7 360'1 Community Development Director Date rose# oost) .320Dl. AS(0 L fi January 12, 2009 Mr. Chris Bendon, Director Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: MAINTENANCE FACILITY FOR THE RED BUTTE CEMETERY Dear Mr. Bendon, The Red Butte Cemetery Association hereby requests a waiver of the land use review fees for the HPC, P&Z and City Council review of its application for a maintenance facility to serve the Cemetery. This request is being submitted pursuant to Section 26.104.070 (c) (7) of the Aspen Land Use Code which authorizes the Community Development Director to waive the fees for projects serving a public purpose or those proposed by a non-profit organization. The Red Butte Cemetery is operated as a non-profit corporation governed by a volunteer board of directors. The Association has limited funds available to it, generated primarily by the sale of plots to members of the community. The Cemetery serves a public purpose by providing a place where members of the community may be buried and it also provides an essential link between Aspen's past and its present. During HPC's conceptual review of this project it has also become apparent that many members of the community view it as a valued open space where they can come for peace and serenity. The Association anticipates that considerable fund raising work will be needed to make this project a reality. Waiverof the land use fees for the review of this project will help to offset one of the many costs of this development project. We thank you for your consideration of this request and are available to answer any questions you may have. Sincerely, glu_ 1Â«_~ Red Butte Cemetery Association John Thorpe, President P.O. Box 194 Aspen, Colorado 81612 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: June 1 2009 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0030.2009.ASLU, Red Butte Cemetery. The planner assigned to this case is Drew Alexander. O Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City o f Aspen Planner reviewing the land use application. ,Jil~ Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, 049*Gh Jennifer PlielA, Deputy Director City of Aspen, Community Development Department C:\Documents and Settings\jennifep\My Documents\planning\Templates\Templates\Land Use Cases\Completeness Letter Land Use.doc 0030. 2 009. ASLU, :itutivet' ATTACHMENT 2-LAND USE APPLICATION 1404 2 , ZUU9 PROJECT: CITY OF ASPEN Name: ~2.-0 "AAE (_2-*-th *1 CzL-*Â©C ..Iquo (?[*IMDNITY DEÂ¥ELOPMENT Location: 95 0 S Le-eÂ·* ul C 4-.Ae (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) Metty*p.i @6719-MAA-k,C Name: 6,4- O-4 *4.1 Address: 9 0 60,4 BG < 3 +U M-H 9 59 le tz Phone #: llc, - l{ZS E: Ape /Lcot Name: '14-Â·-0 12 vtle (12 -24 47 0#z c,ci 44- Address: V 0 40 f 6 9 31,~ re- 6056 4 /9 Phone #: TYPE OF APPLICATION: (please check all that apply): GMQS Exemption U Conceptual PUD U Temporary Use GMQS Allotment @1 Final PUD (& PUD Amendment) Â£ Text/Map Amendment Special Review U Subdivision U Conceptual SPA ESA - 8040 Greenline, Stream U Subdivision Exemption (includes Â£ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane U Commercial Design Review U Lot Split U Small Lodge Conversion/ Expansion U Residential Design Variance U Lot Line Adjustment U Other: 0 Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) 1-le< 4-r e lic A- 12 0 Q i, 4* PROPOSAL: (description of proposed buildings, uses, modifications, etc.) 40< 1 4-fl~lc c.,4/L /40 0 64,1 Have you attached the following? FEES DUE: $ WA'Â·/ 1-4 'U-1644-i 41 ~ Pre-Application Conference Summary Attachment # 1, Signed Fee Agreement D Response to Attachment #3, Dimensional Requirements Form ~ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards U 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. mun / CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of Citv.of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and lEt'o Q qÂ·# L (-t-+17 4,6 c..4 U (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submittedlo CITY an aDplication for L.O #50<14-44(0 Â¢ U O 2.2.v i tu (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings an(For approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. - Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to Â· /'Tollect full feespnorÂ·40 a determination of application completeness, APPLICANT shall pay an initial SeÂ£. time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly / deposit inthe amount of$3-36H which is for 11- hours of Community Development staff billings to CITY to reimburse the CITY for the processing of the application mentioned above, including ~.*Al l.1 post approval review at a rate of $220.00 per planner hour over the initial deposit. Such periodic payments \64 shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: ByÂ©- . C,P- ~1 91 011_"1*- Chris Bendon Community Develoi)ment Director Date: \ â€ž il ,~ '39 Billing Address and Telephone Number: Required g:\support\forms\agrpayas.doc 11/30/04 January 12,2009 Mr. Chris Bendon, Director Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: MAINTENANCE FACILITY FOR THE RED BUTTE CEMETERY Dear Mr. Bendon, The Red Butte Cemetery Association hereby requests a waiver of the land use review fees for the HPC, P&Z and City Council review of its application for a maintenance facility to serve the Cemetery. This request is being submitted pursuant to Section 26.104.070 (c) (7) of the Aspen Land Use Code which authorizes the Community Development Director to waive the fees for projects serving a public purpose or those proposed by a non-profit organization. The Red Butte Cemetery is operated as a non-profit corporation governed by a volunteer board of directors. The Association has limited funds available to it, generated primarily by the sale of plots to members of the community. The Cemetery serves a public purpose by providing a place where members of the community may be buried and it also provides an essential link between Aspen's past and its present. During HPC's conceptual review of this project it has also become apparent that many members of the community view it as a valued open space where they can come for peace and serenity. The Association anticipates that considerable fund raising work will be needed to make this project a reality. Waiver of the land use fees for the review of this project will help to offset one of the many costs of this development project. We thank you for your consideration of this request and are available to answer any questions you may have. Sincerely, i ,L- il )J+â‚¬_ Red Butte Cemetery Association John Thorpe, President P.O. Box 194 Aspen, Colorado 81612