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Land Use Case.Moore Family PUD.0028.2009.ASLU
MOORE FAMILY - FIVE TREES METRO DISTRICT FINAL 0028.2009 �CWiU�� ��o 0 0 CASE NUMBER THE CITY OF ASPEN City of Aspen Community Development Department PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0028.2009.ASLU NO PARCEL FIVE TREES METRO DISTRICT JENNIFER PHELAN FINAL PUD MODIFICATION TO MOORE FAMILY JIM STARK 06/17/09 CLOSED BY ANGELA SCOREY ON 1/13/10 External Media Located Here M-015315 RMMI Pic, Pates oo28 • 2oO9 •,-sL-vt EIS Edit gecord Navigate Form Repor>;,s Format Jab Help Main Valuation I Custom Fields I fictions Feet I Parcels I Fee Summary I Sub plfnrrta I Attadxnrtts I RoLtm Status J R &Q 4 ► -, 7f Permit Type aslu JAspen Land Use Permit # 10028.2009.ASLU Address FIVETREES METROPOLITAN DISTRICT Apt/Suite City ASPEN State CO Zip 81611 Permit InFormation Master Permit Routing Queue aslu07 Applied 05104 22009 Project J Status pending Approved F — Description FINAL PUD - MODIFICATION TO MOORE FAMILY PUD GUIDE Issued F Final Submitted IJIM STARK 925 3475 Clock Running Days F0 Expires 04129 22010 Owner Last Name IFIVE TREES HOMEOWNRS A First Name Phone (✓ Owner Is Applicant? Applicant Last Name FIVE TREES HOMEOWNRS A First Name Phone Cust 28557 Lender — --- -- - Last Name F J First Name Phone I Permit lenders full address AspenGold(b) Record: 1 of 1 l of oe-7q C�AMVVLAJ1 /6,82 -50 r 25"�5 \bF HG'lc � Co FA-?./3 c c-r-- �,-z kZ�A CJ fi RESOLUTION NO.09 (SERIES OF 2009) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A PUD AMENDMENT AFFECTING THE MOORE FAMILY PUD DEVELOPMENT GUIDE BY AMENDING ARTICLE VIII, BUILDING SETBACKS AND ARTICLE XVII, LANDSCAPING, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from the Five Trees Homeowners Association represented by Gary L. Beach of the Five Trees Metropolitan District, requesting approval of a PUD Amendment for the Moore Family PUD, Reception No. 420467; and, WHEREAS, the request seeks to create provisions to accommodate landscaping, drainage, and disturbances due to development and natural causes; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the proposed PUD Amendment; and, WHEREAS, the applicable code standard is outlined in Section 26.445.100(B) "Other Amendment"; and, WHEREAS, during a duly noticed public hearing on June 16, 2009, the Planning and Zoning Commission reviewed and considered the development proposal under the applicable provisions of the Land Use Code as identified herein and approved the PUD Amendment by a vote of five - zero ; and, WHEREAS, the Planning and Zoning Commission found that the proposed amendment meets or exceeds all of the applicable development standards; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission approves the following changes to the "Moore Family Planned Unit Development Guide," recorded at Reception No. 420467 with the Pitkin County Clerk and Recorder's Office: Section 1: Article VIII, Building Setbacks, which article sets forth standards for development, shall be amended to read as follows: ARTICLE V III BUILDING SETBACKS All development, including grading, shall be contained within the Building Envelopes, with the exception of grading necessary for driveways and driveway retaining Page 1 of 3 walls, roads as depicted on the Detailed Submission grading plans, and berms, and landscaping in Open Space Area 9. In addition, certain improvements outside the designated building envelope may occur as provided herein. An Activity Envelope (AE) will be measured twenty (20) feet from the foundation of the principal and accessory structures on each residential lot. Permitted activities within the AE may include: - Approved landscaping (See Article XVII for landscaping requirements); and, - Drainage features including drainage swales and drywells; and, - Geothermal wells; and, - Trenching for utilities. Finally, an Interim Disturbance Area (IDA) is defined as an area that is disturbed to trench and install utilities from the street to the structures located within the Building Envelope. The IDA is limited in width to ten (10) feet and is required to be re -vegetated, once utilities are trenched and installed, with an approved landscaping plan. Any area of the IDA shall be landscaped with native vegetation that is approved as part of a landscape plan as outlined in Article XVII, Landscaping, of this development guide. Section 2: Article XVII, Landscaping, which article sets forth standards for landscaping, shall be amended to read as follows: ARTICLE XVII LANDSCAPING 1. Landscaping shall substantially comply with the Moore Family PUD Detailed Landscaping Plan approved at Detailed Submission. 2. Grasses and wildflowers to be planted in common areas shall comply with the mix established on the Moore Family PUD Detailed Landscaping Plan. 3. Landscaping south of the Maroon Creek Flume shall be limited to the plant list set forth on Exhibit "K" attached hereto and made part hereof. 4. An approved landscaping plan shall be submitted with a development application, approved by the City Parks Department and the Five Trees Metropolitan District or other authority designated by the Home Owners Association, for landscaping proposed within the Building Envelope and Activity Envelope (refer to Article VIII, Building Setbacks). 5. Property owners shall submit a landscaping plan for approval to re -vegetate areas that are within an Interim Disturbance Area that have been impacted from the construction of utilities (refer to Article VIII, Building Setbacks). Each plan for a property must be approved by the City Parks Department and the Five Trees Metropolitan District or other authority designated by the Home Owners Association. Page 2 of 3 • 0 6. Due to site limitations, property owners may be permitted to satisfy re - vegetation or tree replacement requirements as a part of an approved landscaping plan by locating plantings in open space areas within the subdivision with the approval of both the City Parks Department and the Five Trees Metropolitan District or other authority designated by the Home Owners Association. To maintain a natural environment, the City's Parks Department would prefer first, tree replacement on the individual residential lots; second, locating plantings in open space areas; and, third, the payment of cash in lieu in an amount determined by the Parks Department. 7. Diseased or dead trees located outside of a Building or Activity Envelope may only be replaced with the approval of the City Parks Department as the intent of prohibiting landscaping outside of designated envelopes is to maintain a natural environment. Section 3: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on the 16th day of June, 2009. Attest: ackie Lothian, City Clerk Approved as to form: �amcs R. True, Special Counsel Stan Gibbs, Vice -Chair Page 3 of 3 • • DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless 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. Five Trees HOA 133 Prospector Road, Suite 4210, Aspen, CO 81611 Property Owner's Name, Mailing Address and telephone number Moore Family PUD Legal Description and Street Address of Subject Property The Applicant received approval to amend the Moore Family Planned Unit Development Guide allowing for greater flexibility in the location of landscaping and utilities within the PUD. Written Description of the Site Specific Plan and/or Attachment Describing Plan Planned Unit Development - Other Amendment resolution 10 Series of 2009, June 16, 2009 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) June 28, 2009 Effective Date of Development Order (Same as date of publication of notice of approval.) June 29, 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 this 29t' day of June, 2009, by the City of Aspen Community Development Director. e i Chris Bendon, Community Development Director PUBLIC NOTICE Of VEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68. Colorado Revised Statutes, pertaining to the following described property: The Moore Family PUD, by order of the Planning and Zoning Commission on June 16. 2009. The Applicant received approval of a PUD - Other Amendment request to amend the Moore Family Planned Unit Development Guide allowing for greater flexibility in the location of landscaping and utilities within the PUD. F further information contact Jennifer Phelan, t the City of Aspen Community Development 1. 130 S. Galena St, Aspen, Colorado (970) 4 59. sJ City of Aspen Published in The Aspen Times Weekly on June 28, 2009. (3630565] AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: fiavL � `t�� (,CJ` i Aspen, CO STATE OF COLORADO ) ss. County of Pitkin ) I, (name, please print) being or representing licant to the City of Aspen, Colorado, hereby personally certify that I 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: -X- Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen 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. Signature The foregoi g "Affidavit of Notice" was acknowle ed before me his 2lday of (,� , 20"" by WITNESS MY HAND AND OFFICIAL SEAL My commission expires: C-- Notary Public ATTACHMENTS: COPY OF THE PUBLICATION Y `�`' L�• N ?.�OTA R y •? c��'•. A �G ••�O 4.. r......- ' ,n Expi"08/ ral 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 if there 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 of 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 behalf of 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 of the subdivision and if 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 IIOA 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 if 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 if 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 if the 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 if 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. MEMORANDUM TO: Planning and Zoning Commission FROM: Jennifer Phelan, Deputy Community Development Director DATE OF MEMO: June 10, 2009 MEETING DATE: June 16, 2009 RE: Moore Family PUD, Planned Unit Development - Other Amendment APPLICANT /OWNER: Five Trees Homeowners Association / Five Trees Metropolitan District REPRESENTATIVE: Beach Resource Management, Jim Korpela LOCATION: Civic Address — Various Addresses off Maroon Creek Road on Cinnamon Court, Falcon Road, Moore Drive, Powderbowl Trail Shavano Drive, Five Trees Lane, Cascade Lane, Bus Barn Lane, Sievers Circle, and Grey Talon Court. CURRENT ZONING & USE The Moore Family PUD contains a number of zone districts within it. The 30 Affordable Housing Units within the PUD are Moderate -Density Residential (R-15) while the 40 free- market single-family lots are Low - Density Residential (R-30). Additionally the ski club lot is zoned Public (PUB) and other areas are zoned Park (P) and Conservation (C). STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission approve the PUD Amendment allowing for changes to the Moore Family Planned Unit Development Guide. SUMMARY: The Applicant requests of the Planning and Zoning Commission to approve the PUD Amendment to make text changes to the Moore Family Planned Unit Development Guide allowing for an activity envelope on the building sites and revisions to the landscaping requirements. Page I of 4 U • BACKGROUND: The Moore Family PUD is located near the base of Highlands Ski Area and is managed by the Five Trees Metropolitan District. Established in 1998, the PUD was approved by the Board of County Commissioners and subsequently annexed into the City. The Moore Family Planned Unit Development Guide provides regulations governing land uses on the site. As the Guide has been implemented, it has become evident that several amendments would benefit the homeowners within the subdivision. The changes include creating an activity envelope and amending the landscaping requirements for replacement. LAND USE REQUEST AND REVIEW PROCEDURES: The applicant is requesting the following land use approvals from the Planning and Zoning Commission: • PUD, Other Amendment pursuant to Land Use Code Section 26.445.100 B. This application does not qualify for an insubstantial amendment. An amendment found to be consistent with or an enhancement of the df I 1 1 b � J � r � O SPA' • , ' i ' �Y LAUREL LN G -f Dft �S • CASCADE US I LARKSPUR LN • �• z ti RJ.�. f �r SP O °' PU PUD C 4 J approve ma eve opment p an, ut which does not meet the established thresholds for an insubstantial amendment, may be approved, approved with conditions, or denied by the Planning and Zoning Commission at a public hearing pursuant to Section 26.445.030. (C) Step 3. The Planning and Zoning Commission shall be considered the final action, unless the decision is appealed. PROPOSED PLANNED UNIT DEVELOPMENT AMENDMENTS: Since the original Moore Family Planned Unit Development Guide was approved in 1998, home owners have discovered that it is not always possible to keep all activities confined to the established building envelope. Other subdivisions that were originally approved in the county often have both a building envelope (for structures and more intense development) and an activity envelope (for less intensive development); however, the Moore Family PUD was not approved with an activity envelope. Since other subdivisions in this area have activity envelopes, it seems reasonable to extend some limited functions outside the permitted building envelope such as dry wells, geothermal wells, and landscaping. The proposed PUD Amendment creates a defined Activity Envelope (AE) and Interim Disturbance Area (IDA) under Article VIII, Building Setbacks, of the development guide. Both Page 2 of 4 the AE and IDA allow for certain improvements outside the building envelope. Specifically, approved landscaping (by both the Parks Department and Five Trees Metropolitan District), drainage features such as swales and drywells, geothermal wells, and trenching for utilities may occur within the Activity Envelope which shall be measured twenty (20) feet from the foundation of any principle or accessory building. An Interim Disturbance Area is defined as "an area that is disturbed to trench and install utilities from the street to the structures located within the building envelope." The width of the trench is limited to ten (10) feet and is required to be replanted with native vegetation. A few additions to Article XVII, Landscaping, have also been included. A landscaping plan, approved by the Five Trees Metropolitan District as well as the Parks Department is required to be submitted for any landscaping within the Activity Envelope or Interim Disturbance Area. Other changes include: allowances to plant some required tree mitigation within the Moore Family PUD's open space and allowing the replacement of diseased or dying trees outside of designated envelopes. Staff Comments The proposed text amendments are merely a housekeeping item to the existing Planned Unit Development Guidelines. Approving the amendments will allow for limited uses in a newly established Activity Envelope and Interim Development Area. The amendments will also allow property owners to plant vegetation in the open space, upon approval, if site constraints limit the location of plantings. The draft resolution included with this memo shows the proposed additional language in blue, italics while any proposed deletions are shown in red, strike - through font. RECOMMENDATION: Staff believes that the application is generally minor in nature. It appears to be consistent with the final development approvals and provides allowances for replacement plantings in the landscaping regulations and accommodates utility and drainage issues associated with the development of a residence. Community Development Department staff recommends that the Planning and Zoning Commission approve of the amendments. RECOMMENDED MOTION: If the Planning and Zoning Commission chooses to approve the proposed amendments, they may use this motion "I move to approve the PUD Amendment to text of the Moore Family Planned Unit Development Guide." ATTACHMENTS: Exhibit A — Staff Findings Exhibit B — Example Landscape Plan Page 3 of 4 EXHIBIT A 26.440.050 Review Standards: Conceptual, Final, Consolidated, and Minor PUD A development application for Conceptual, Final, Consolidated and Final or Minor PUD shall conform with the following standards and requirements. This application is an amendment to an existing PUD that does not qualify for an insubstantial amendment. While reviewing the proposed text amendment, the Planning and Zoning Commission must consider the following: 1. The proposed development shall be consistent with the Aspen Area Community Plan. The proposed text amendments work to preserve, enhance and restore the natural beauty of the environment of the Aspen area by allowing home owners to replace damaged landscaping and plant required trees in the Moore Family open space if site constraints do not permit re -vegetation of disturbed areas. Staff finds this criterion to be met. 2. The proposed development shall be consistent with the character of the existing land uses in the surrounding area. The activity that will be allowed by the proposed text amendments will be consistent with the character is the existing land uses in the area. Currently, the building envelope restricts the location of landscaping and drainage. An activity envelope will allow additional flexibility with site design and will not impact the character of land uses in the surrounding area. Staff finds this criterion to be met. 3. The proposed development shall not adversely affect the future development of the surrounding area. The proposed text amendments will not adversely affect future development of the surrounding area. Staff finds this criterion to be met. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. Not applicable. Stafffinds this criterion to be met. Page 4 of 4 RESOLUTION NO. �O (SERIES OF 2009) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A PUD AMENDMENT AFFECTING THE MOORE FAMILY PUD DEVELOPMENT GUIDE BY AMENDING ARTICLE VIII, BUILDING SETBACKS AND ARTICLE XVII, LANDSCAPING, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from the Five Trees Homeowners Association represented by Gary L. Beach of the Five Trees Metropolitan District, requesting approval of a PUD Amendment for the Moore Family PUD, Reception No. 420467; and, WHEREAS, the request seeks to create provisions to accommodate landscaping, drainage, and disturbances due to development and natural causes; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the proposed PUD Amendment; and, WHEREAS, the applicable code standard is outlined in Section 26.445.100(B) "Other Amendment"; and, WHEREAS, during a duly noticed public hearing on June 16, 2009, the Planning and Zoning Commission reviewed and considered the development proposal under the applicable provisions of the Land Use Code as identified herein and approved the PUD Amendment by a vote of - _ ; and, WHEREAS, the Planning and Zoning Commission found that the proposed amendment meets or exceeds all of the applicable development standards; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission approves the following changes to the "Moore Family Planned Unit Development Guide," recorded at Reception No. 420467 with the Pitkin County Clerk and Recorder's Office: Section 1: Article VIII, Building Setbacks, which article sets forth standards for development, shall be amended to read as follows: ARTICLE VIII BUILDING SETBACKS All development, including grading, shall be contained within the Building Envelopes, with the exception of grading necessary for driveways and driveway retaining Page 1 of 4 walls, roads as depicted on the Detailed Submission grading plans, and berms, and landscaping in Open Space Area 9. In addition, certain improvements outside the designated building envelope may occur as provided herein. An Activity Envelope (AE) will be measured twenty (20) feet from the foundation of the principal and accessory structures on each residential lot. Permitted activities within the AE may include: - Approved landscaping (See Article .XV11 for landscaping requirements); and, - Drainage features including drainage swales and drywells; and, - Geothermal wells; and, - Trenching for utilities. Finally, an Interim Disturbance Area (IDA) is defined as an area that is disturbed to trench and install utilities from the street to the structures located within the Building Envelope. The IDA is limited in width to ten (10) feet and is required to be re -vegetated, once utilities are trenched and installed, with an approved landscaping plan. Any area of the IDA shall be landscaped with native vegetation that is approved as part of a landscape plan as outlined in Article XVII, Landscaping, of this development guide. Section 2• Article XVII, Landscaping, which article sets forth standards for landscaping, shall be amended to read as follows: ARTICLE XVII LANDSCAPING 1. Landscaping shall substantially comply with the Moore Family PUD Detailed Landscaping Plan approved at Detailed Submission. 2. Grasses and wildflowers to be planted in common areas shall comply with the mix established on the Moore Family PUD Detailed Landscaping Plan. 3. Landscaping south of the Maroon Creek Flume shall be limited to the plant list set forth on Exhibit "K" attached hereto and made part hereof. ill 4. An approved landscaping plan shall be submitted with a development application, approved by the City Parks Department and the Five Trees Metropolitan District or other authority designated by the Home Owners Association, for landscaping Page 2 of 4 proposed within the Building Envelope and Activity Envelope (refer to Article VIII, Building Setbacks). 5. Property owners shall submit a landscaping plan for approval to re -vegetate areas that are within an Interim Disturbance Area that have been impacted from the construction of utilities (refer to Article VIII, Building Setbacks). Each plan for a property must be approved by the City Parks Department and the Five Trees Metropolitan District or other authority designated by the Home Owners Association. 6. Due to site limitations, property owners may be permitted to satisfy re - vegetation or tree replacement requirements as a part of an approved landscaping plan by locating plantings in open space areas within the subdivision with the approval of both the City Parks Department and the Five Trees Metropolitan District or other authority designated by the Home Owners Association. 7. Diseased or dead trees located outside of a Building or Activity Envelope may only be replaced with the approval of the City Parks Department as the intent of prohibiting landscaping outside of designated envelopes is to maintain a natural environment. Section 3• All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4• This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5• If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on the 16th day of June, 2009. Attest: Jackie Lothian, City Clerk LJ Erspamer, Chair Page 3 of 4 Approved as to form: James R. True, Special Counsel Page 4 of 4 Revegetati2rMWd Mix Revegetation S)Wiications Seed Source: r Indian Rice Grass 'Nez Pal' - Achnatherum hymenobas 'Nez Pal 30 fib's/acre Soil Prep: Pawnee Butte Seed: 800-782 5947 SWeoats Gfama - BOWWOua CUWpedule firma' 4.04bs/aae 1. Top soli should be good clean orgenic sal (hee of weeds and MCks) Granite SEED: 801-769 4422 Sandberg Bluegrass - Poe secunda 'Sherried 5 "acre 2. Minimum top soil requirements is 5'Y7 depth , Thickspike Wheat Grass - Elymus Ianwatatus 2 "acra 'San Luis' Slender Wheatgrass - E/ymus tredryrak4us 3 Ms/acre Seeding Procedue: 'Gamer Mountain Biome - Bromus margiwtus Y•v7ra" 3lOs/aae 1) Hand broadcast (spread seed be hanco Arizona Fescue - Fesh:ca ovina 'Alba' 2.5 NWaae 2) Rake seed into top soil (soil seed contact is olh'ral l argrowth) ' Amba'Westem Whestgress - Pascopyrum smrthi Ambs' 2 5 ftlaae 3) Cover area with weed hee straw (holds modure and protects seed) 20 Sp Eas."" r Mountain Sage - Mtemesia tridentate veseyana .25.tbs/aae 4) Irrigate for a period of two years or until estabislred (tempofavy irg) Rubber Rabbit Brush - Chrsothamnus nauseosus 21bs/aae Prain'e Sage-Artemesta Iudwcom .25 Abs/acm Erosion Conbol: Fnnged Sage - Nemesia Ingida .25 nacre 1. Sift fencing installed propetry to prevent run of and seciineexaom. Hairy Golden Aster - Chrsopsi's vipbsa .25 as/acre Sinter Lupine - Lupins argenteus 1.0 ibslaae Weed ManagermR: Blue Flax - ILhum lewlsir 1.0 "acre Penstemon Penstemon I. All mulching materials and seed mixes should be melted weed hee. 2. All disturbed during Rocky Mountain - sbkYus 20 &s/aae areas and after construea'on shay be naiNatned / Arrow" Balsam Root - Balsamorriza sagttao .5 AWaae TOTAL PLS/AC: 2e hee of weeds. This will require a program with a vagetatiov_ _ _ _ - - management company to perfomn weed rpaa�egern�t an Vie dsRubed / � / .� / If areas for a period a_he, We-cVMP-ig&; of the pgecr / / , , _ _ �Ir •_ T. !//�//% - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - — - --'' 14011 Landscape Materials Legend PROJECT MANAGER � LOUiS WiLSlrer - / / Desloned: LW (11) Po'cea pungens -Colorado Spruce L),a"'^ LW 12-16 Height Nursery Grown Checked by: REVISION DATE E (5) Picea pungens 'Blue Totem' -Colorado Spruce 8' Height Nursery Grown 03.06.08 A 1024 08 05,09..08 m 12,08,08 05,20.08 ®05.01.09 (29tremulddes-Aspen to. 2.5'Cato (103) Proposed Deciduous Shrubs O Species and sizes per plant list (29) Proposed Ornamental Grasses 18c t / / #1 Containers (15) Proposed Vines C #1 Containers Q) o /1 0(10) Exl'sh'ng Aspen Trees to be Preserved (see Sheet L-2 for trees to be removed) Q) O YU Perennial Areas 4 yV -� (650) #1 Containers and F15Rats Q) N Q) �✓ Revegetab'on Areas (5000 SF) J 12 - ✓ I 4 tbs. 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M t• f0.8 Am.4,rc�4r.baotl. ]....Soon ]•rJc.p.rry CL 10 a' us Gmoc.rpw mom.ru. M—m M.N.p.ny CL a M C.re.c.r.Iu morN.nw Moulnb M.Mp.mr PO a f♦8 Prry.tK.ryw opulbtlw 91.Mo' M.- NIn.O.rY PF 7 ! PM.m1Y fWbau 'ana•rflrC rouUYE Pobnte. OO ]• a-r a..rcw p.ms.a G.—I o.. RT ] M R.w typ..0 Mgm Ey. Tp.r Er.. Bupllom ]um.c RR 7 as aL 7 ae q,.. 1—.. un.rrrourra' Llm.mowp ]pin. ON 7 as Spin. Nwnk. 71.on FI..N' N.on F4.X .0.. ON a f "a arrinp. V rb urp spp. CT ta] ]G f.t CWntb.pp. Cl.m.tb Vb. XL ) .t Numb 4pulw Mom.[k.nw N.IM Mop VIM MR SC Ft] M.nMnN np.n. r..pinp CoW.. Notly ]T GCF 7 .1 [..bmprwtl..cutwon 1(.rl Fo.nMX F.NNr R.N Om. GN] ] 11 X.IktotrkMn ..mp.MrM. Blu. Ayres Or... GM9 ] at Mbc.m]w .h.n.Y Grubr' nMINY MW.n Ou.. GXM I H P.nic,.n Wp.tum'NNw M.Mf uw M.Ml OwaeR On.. 99 esa .vFu] � rep sr L.M.n.w Ar�naw N O B LE DESIGN STUDIO LAX e]CAPE ARCM ITECT] t915t N.y �, cremaM., cnebrla 0. 9T0.951.I021 f. 97p9¢i➢ail NCRTH 0 5 10 20 Scale. 1' =10 SHEET L-3 Tree Mitigation E FINO3jEPUO, PLANNE UNIT DEVELOPMENT Ar.: .: MENT NO710E IS HERPBy GIVEN that a public heath will be held on�day, June 16, 2009, at n ; ' P.m. betor 'a the Slat meeting to beg omn �mmission, Galena S Planning end ZZ 9 `. Hall, 130 S. Cities Meeting Room• City application submitted I Aspen, to consider an app Gary L. Beach of the t Trees Metropohu District, 0133 Prospector Road, Swte pen, , Beach Resource Management L.L.C., Aspen, G to ertn � � 616on behalf of Moore Family Planned ! 11 act area. The applicant Development who are the owners of p P located in the subj Building Satbac Proposing to amend Article VII, The amendme and Article XVII, �ovasionin — accommoda would create p. landscaping, drainage and disturbances ue development anThetappl�ess request ngutY in I envelope. roval: Planned Ui I ollowing development aPP Moore Fam Development Amendment tu'd ). For further I Planned Unit Develop formation, contact Developant 0 aartmen" Y; Aspen Community CO (978) 429.275 S. Galena I. AsPnencous. ennder Phelan sIL Era amer Cendl wing Commisslon Aspen Planning 200 Published in the Aspen Times on May V, [3469140) 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 Pid n 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 amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. The foregoing "Affidavit of Notice" was acknowledged before me this I day Of Ju. f\p-- , 200 11, by ,Ay-yc-�n GC vL/-�-� WITNESS MY HAND AND OFFICIAL SEAL My commission ires: 0) o o a, L Notary Pu lic Apa, PVe� CORY J. C. GARSKE ATTACEN[ENTS AS APPLICABLE: :4. COPY OF THE PUBLICATION°F`' • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) My Comm son Ex$res 0M2012 • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OFAhIINERAL ESTAE OWNERS NOTICE AS REQUIRED BYC.R.S. §24-65.5-I03.3 oe 0 AFFIDA:NTiT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO SCHEDULED PUBLIC HEARING DATE: zj- 200 STATE OF COLORADO ) ss. County of Pitkin ) (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: � Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and go>>ern7nental agencies so noticed is attached hereto. (continued on next page) PUBLIC NOTICE RE: MOORE FAMILY PUD, PLANNED UNIT DEVELOPMENT AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, June 16, 2009, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, in the Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Gary L. Beach of the Five Trees Metropolitan District, 0133 Prospector Road, Suite 4210 c/o Beach Resource Management L.L.C., Aspen, CO, 81611 on behalf of Moore Family Planned Unit Development who are the owners of properties located in the subject area. The applicant is proposing to amend Article VII, Building Setbacks and Article XVII, Landscaping. The amendment would create provisions to accommodate landscaping, drainage and disturbances due to development and natural causes outside the building envelope. The applicant is requesting the following development approval: Planned Unit Development Amendment (to the Moore Family Planned Unit Development Guide). For further information, contact Jennifer Phelan at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2759, Jennifer.Phelan@ci.aspen.co.us. s/LJ Erspamer, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on May 31, 2009 City of Aspen Account ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY:��� y �U , Aspen, CO SCHEDULED PUBLIC HEARING DATE:/' V I� I (�/ , 200-1 STATE OF COLORADO ) ) ss. County of Pitkin ) I, �Ofi'1�1�' S 1 0 V r t( M (name, please print) being or representing an App icl ant 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: V 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) 1 / days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _&day of -,J'LA✓1 , 200 °I , 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) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. r-- Si afore The foregoing "Affidavit of Notice" was acknowledged before me this 2r` day of T1Iyye— , 200 1, by ��Q,✓ytP� T Ko roP�9- WITNESS MY HAND AND OFFICIAL SEAL HEATHER GOSOA Notary Public My commission expires: tJYl2 Z� Z State of Colorado Notary Public ATTACHMENTS: COPY OF THEPUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL V PUBLIC, NOTICE wovi '%'W DATE q-u�SPA�j TWVE lb, zoos TIME `� 30P�l -BEFJKE AS FIENf PLAVWG +ZXIN6 ., ..� SiSTEP C ITI E-S r1EETrn16 K0Nj ILAGt Cir'++a��,i 3r s �ALFIVA ST,Asf�N PURPOSEM 00 KF FA M I L-v FU P AKFIVPNRIr cRcA7E P�anSiaNS T� �j,�en,�p�,� �ti`DSCA� NG CRP,INQ6E +�iSPJ�B4NLFS VUE r� DEVFIi�r1EN`lAav NA UKAL CAUSES ()V-FSI'DF ..-r-► 1 .- , _ �Ek I E BU►LPIN6 Ell/ 6 PI F F--OLLOV/nl6 LwrNIFN I Hrl'KUVhL: VUU.41Ef4pr�Eh/T (T0 NIpDPE FAMILY PUD 6UIDE�_ t"T ♦� 1 i:Y i STOP40 PUBLIC YtF MM4 NOTICE Easy Peel® labels A Bend along line to w AVERY® 5160® Use Avery®j `Template 51600 Feed Paper �� expose Pop -Up Edger" 0 1 0476 GLENEAGLE LTD ALLEN GERALD D & ELEANOR ANDERSON THOMAS J & JEANETTE G 100 E KLEBERG #200 TRUSTEES PO BOX 226 KINGSVILLE, TX 78363 0165 HEATHER LN ASPEN, CO 81612 ASPEN, CO 81611 ASPEN HIGHLANDS COMMERCIAL ASPEN HIGHLANDS MOUNTAIN LLC ASPEN SCHOOL DISTRICT NO 1 RE METRO DIST PO BOX 1248 0235 HIGH SCHOOL RD 715 W MAIN ST #304 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 AVERY INTERESTS LLC AYRES R WILLIAM JR ESTATE BERLEY DAVID B 1001 TEXAS AV 28 LARKSPUR LN PO BOX 3652 HOUSTON, TX 77002 ASPEN, CO 81611 ASPEN, CO 81612 BOWDEN J MURRY FAMILY TRUST BRADFORD DEBORAH CARLSON DOUG M & MARY M 5847 SAN FELIPE #3600 45 GLEN EAGLES DR PO BOX 4 HOUSTON, TX 77057 ASPEN, CO 81611 ASPEN, CO 81612 CHURCH OF JESUS CHRIST OF LDS CARSON L KELLEY CHOPIVSKY GEORGE JR C/O REAL ESTATE DIVISION PO BOX 8927 3217 CATHEDRAL AVE N W 50 E NORTH TEMPLE 22ND FL ASPEN, CO 81612 WASHINGTON, DC 20008 SALT LAKE CITY, UT 84150 CITY OF ASPEN CONOVER MARY CLUB PROPERTIES INC C/O SHANNON T MORGAN CPA PC ATTN FINANCE DEPT GALENA ST 1 GROVE ISLE DR #1501 533 BOGART LN #C 130 S GA ASPEN, AST MIAMI, FL 33133 GRAND JUNCTION, CO 81505 DALY JACQUELYN M DOREMoUS ANDREW J & JEANNE C DUBRULE LEMONS DIANE CHERYL 249 HEATHER LN 75.5034 /0 187 HEATHER LN ASPEN, CO 81611-3347 85 GLEN GARRY DR ASPEN, CO 81611 ASPEN, CO 81611 DUFFEY MARY A FLEISHER DAVID M FLOM JASON & WENDY 3652 BERKO GINA 146 CENTRAL PARK W #2E PO BOX ASPEN, 36 81612 292 GLEN EAGLE NEW YORK, NY 10023 ASPEN, CO 81611 FRISSELLE FAM TRUST 50% FRAMPTON GEORGE T JR FRANCIS JUDI TRUST ARBURY DOROTHY D TRUST 50% 45 E 62ND ST #A 0201 HEATHER LN 123 LARKSPUR LN NEW YORK, NY 10021-9014 ASPEN, CO 81611 ASPEN, CO 81611 GEE TECH LLC GEER JANE MOORE 1/3 GERSCHEL CHRISTINE A TRUST 715 W MAIN ST #201 PO BOX 126 PO BOX 2985 ASPEN, CO 81611 WOODY CREEK, CO 81656 ASPEN, CO 81612 Eticluettes faciles a peler A Repliez a la hachure afin de www.avery.com Sens de _... I_enn_rn_eVFRV Easy Peel® Labels A Bend along line to © AVERY® 5160® ® ® PUEde eed Paper ��� expose Pop -Up gTM Use AveryTemplate 5160 , � A0 1 GLAH CAROLYN BOLZ GLICK FAMILY TRUST GODFREY H LEE & SANDRA S 0270 HEATHER LN 1033 MAYBROOK DR 1000 LOUISIANA ST STE 5100 ASPEN, CO 81611 BEVERLY HILLS, CA 90210 HOUSTON, TX 77002-5096 GOLDBERG ANA E GOTTLIEB 1996 FAMILY TRUST HALL CHARLES E 36 GLEN GARRY DR 1007 CHURCH ST #408 PO BOX 10122 ASPEN, CO 81611 EVANSTON, IL 60201-5913 ASPEN, CO 81612 HALL NANCY TATE HAMPEL WALTER F & EUGENIA HARDY GORDON A TRUST 50% PO BOX 1819 290 HEATHER LN PO BOX 1108 ASPEN. CO 81612-1819 ASPEN, CO 81611 ASPEN, CO 81612 JENKINS JANE JOHN LARKSPUR HOLDINGS LLC LEWIS MARK W & LARA R PO BOX J 7607 CURTIS ST PO BOX 6474 ASPEN, CO 81612-7411 CHEVY CHASE, MD 20815 SNOWMASS VILLAGE, CO 81615 LOORAM PETER MEADOWOOD LLC MEADOWOOD METROPOLITAN DIST 0280 GLEN EAGLES DR 33 SOUTH STATE ST #400 PO BOX 8774 ASPEN, CO 81611 CHICAGO, IL 60603 ASPEN, CO 81612 MEEKER RICHARD J & ALLISON D MOORE THOMAS A 1/3 MORTON RICHARD & HELEN 0752 MEADOWOOD DR PO BOX 126 6740 E ROGERS CIR ASPEN, CO 81611 WOODY CREEK, CO 81656 BOCA RATON, FL 33487 MUSIC ASSOCIATES OF ASPEN INC PAPPER PATRICIA PAYNE MARYBELLE R 2 MUSIC SCHOOL RD 1 GROVE ISLE DR STE 1501 PO BOX 9878 ASPEN, CO 81611-8500 MIAMI, FL 33133 ASPEN, CO 81612 PERCY LASALLE MINES PITKIN COUNTY RANSOM KENNETH W TRST 1/3 C/O R L STEENROD JR & ASSOC 530 E MAIN ST #302 7483 W LOUISIANA AVE 2009 MARKET ST ASPEN, CO 81611 LAKEWOOD, CO 80232 DENVER, CO 80205-2022 ROGERS JORDAN & PEGGY L RICHARDS CHARLES F JR TRUSTEE ROGERS J W TRUSTEES 2204 N GRANT AVE 2225 THOMAS RD 750 MEADOWOOD DR WILMINGTON, DE 19806 BEAUMONT, TX 77706 ASPEN, CO 81611 RUBIN NANCY HIRSCH OPRT SANGER MARIUS & CLARE SCHUMACHER BARRY LEE 3035 CHAIN BRIDGE RD NW 133 BLUEBONNET TR 0115 GLEN EAGLE DR WASHINGTON, DC 20016 ASPEN, CO 81611-3326 ASPEN, CO 81611 Etiquettes faciles a peter & Repliez a la hachure afin de www.avery.com Sens de , . 1- —6_,1 oii.,TM 1-800-GO-AVERY Easy Peel® Labels A Bend along line to AVERY@ 5160® Use Avery®'Template 51600 jVeed Paper expose Pop -Up Edger"" V 10 ►� j SIMMONS BRIAN P FAM DOT 56% SMART EDWIN J SIEGEL MARTIN D C/O BRIAN P SIMMONS C/O R L STEENROD JR & ASSOC 264 LARKSPUR LN 10 S WACKER DR #3175 2009 MARKET ST ASPEN, CO 81611 CHICAGO, IL 60606 DENVER, CO 80205-2022 WACHNER LINDA J THOMAS WILLIAM R & LAURA F TULLAR STEVEN T & HOLLY HOLEMAN C/O STARK & 16 BLENHEIM RD 180 HEATHER LN 1 850 THIRD AVEE 15FL LONDON ENGLAND NW8 OLX ASPEN, CO 81611 NEW YORK, NY 10022 WALTER WILLIAM C & SUSAN COLBY WANGER LEAH ZELL & RALPH WILCOX JOHN & JULIET 0372 GLEN EAGLE DR 1540 N LAKE SHORE DR 205 GLEN EAGLES DR ASPEN, CO 81611 CHICAGO, IL 60610 ASPEN, CO 81611 WISE MARY 31/32 WIVIOTT JAY L & TERESA M FAMILY WILSON ROBERT E QPRT WISE HUGH D III 1/32 TRUST 4301 E EASTMAN 0252 HEATHER LN 305 LARKSPUR LN DENVER, CO 80222 ASPEN, CO 81611 ASPEN, CO 81611 ZAINO BONIFACE A & ALISON H ZG HOLDINGS LLC 293 HEATHER LN ATTN ARC CONCESSIONS ASPEN, CO 81611 133 PROSPECTOR RD #411413 ASPEN, CO 81611 ttiquettes faciles a peler 'A Repliez b la hachure afin de www.avery.com Sens de „ATM i_ann_rn_AVFRY • • RECEIVED ATTACHMENT 2 —LAND USE APPLICATION MAY 01 2009C1 1 r �r H�NtN Pnn lug �r• Name: PrMENt>MENT T'p Moo(L.E AMILY PQ� bEVELOPME-�tiT GQ iD Location: F 1 V F_ TREF_S P -T BOOK 'J s PA ES '8l — 89 Indicate street address, lot & block number, legal description where appropriate) Parcel ID # UIRED APPLICANT: Name: F IV E-r(LFJ= S MET Ro Po w -mN 1� 1 S-TY�-t C l Address: CD 13 3 PRo S P E CTio2 i , S u I T-E `i 21 m Pr S P ESN , c0 Phone #: (q --m) R 2 s— 3,4 ":? S REPRESENTATIVE: Name: J Q F.A-C H (Z S oy RC.F_ AAA-N fF GEPA F-N T Address: Q 13 3 PlLo S P E S.-M 2 'Rb , E V CrE 44 2 l 2, A-S? F-N , CZ) Phone #: ('�l —1-0 'T l S' — 3 9 4 S- TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ GMQS Allotment ❑ Special Review ❑ ESA — 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane ❑ Commercial Design Review ❑ Residential Design Variance ❑ Conditional Use ❑ Conceptual PUD ❑ Temporary Use Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Subdivision ❑ Conceptual SPA ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA condominiumization) Amendment) ❑ Lot Split ❑ Lot Line Adjustment ❑ Small Lodge Conversion/ Expansion ❑ Other: EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Moore_ V-6 ,114 P10-Afle.d Vfl. i- bf'yeIoprnaA7� C='yi d-2 "ROPOSAL: (description of proposed buildings, uses, modifications, etc.)(- 1 M O Gn. +i 0 n 40 M n t► r j, Have you attached the following? FEES DUE: $ 1.682. Pre -Application Conference Summary Attachment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 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. • 0 F 1 V E 0133 PROSPECTOR RD, SUITE 4210 May 1, 2009 T R E E S ASPEN, CO 81611 TEL. 970-925-3475 FAX 970-925-4754 RECEIVED MAY 01 2009 f..l i r 'Jt- A6HLN City of Aspen Community Development Department "OMMUN I DEVELOPMENT 130 South Galena Street Aspen, CO 81611 Re: Amendment to Moore Family PUD Development Guide Five Trees, Plat Book 45, Pages 81 - 89 To the City of Aspen, Community Development, Please let this letter serve as consent from the FiveTrees Homeowners Association/Moore Family PUD Board of Directors for submission of the Land Use Application for an amendment to Moore Family PUD Guide. Beach Resource Management is authorized to represent the FiveTrees Homeowners Association/Moore Family PUD Board of Directors in the submission of this application. Sincerely. By m Stark resident FiveTrees HOA/Moore Family PUD Board of Directors h:\ftmd\0209 FiveTrees PUD Amendment HOA Consent Letter 05-1-09.doc FIVETREES HOMEOWNER S ASSOCIATION F I V E T R E E S 0133 PROSPECTOR RD, SUITE 4210 ASPEN, CO 81611 April 29, 2009 City of Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Amendment to Moore Family PUD Development Guide Five Trees, Plat Book 45, Pages 81 - 89 TES. 970-925-3475 FAX 970-925-4754 The following draft amended language to the Moore Family PUD Development Guide is submitted for your review and acceptance. If you have any questions or need more information, please contact me. ARTICLE VIII BUILDING SETBACKS All development, including grading, shall be contained within the Building Envelopes, with the exception of grading necessary for driveways and driveway retaining walls, roads as depicted on the Detailed Submission grading plans, and berms, and landscaping in Open Space Area 9. In addition, certain improvements outside the designated building envelope may occur as provided herein. An Activity Envelope (AE) will be measured fifteen (15) feet from the foundation of the principal and accessory structures on each residential lot. Permitted activities within the AE may include: - Approved landscaping (See Article XVII for landscaping requirements); and, - Drainage features including drainage swales and drywells; and, - Geo thermal wells; and, - Trenching for utilities. Finally, an Interim Disturbance Area (IDA) is defined as an area that is disturbed to trench and install utilities from the street to the structures located within the Building Envelope. The IDA is limited in width to ten (10) feet and is required to be re -vegetated, once utilities are trenched and installed, with an approved landscaping plan. Any area of the IDA shall be landscaped with native vegetation that is approved as part of a landscape plan as outlined in Article XVII, Landscaping, of this development guide. FIVETREES HOMEOWNER S ASSOCIATION ARTICLE XVII LANDSCAPING Landscaping shall substantially comply with the Moore Family PUD Detailed Landscaping Plan approved at Detailed Submission. Grasses and wildflowers to be planted in common areas shall comply with the mix established on the Moore Family PUD Detailed Landscaping Plan. 3. Landscaping south of the Maroon Creek Flume shall be limited to the plant list set forth on Exhibit " K" attached hereto and made part hereof. 5. An approved landscaping plan shall be submitted with a development application, approved by the City Parks Department and the Five Trees Metropolitan District or other authority designated by the Home Owners Association, for landscaping proposed within the Building Envelope and Activity Envelope (refer to Article VIII, Building Setbacks). 6. Property owners shall submit a landscaping plan for approval to re -vegetate areas that are within an Interim Disturbance Area that have been impacted from the construction of utilities (refer to Article VI77, Building Setbacks). Each plan fora propertymust be approved by the City Parks Department and the Five Trees Metropolitan District or other authority designated by the Home Owners Association. 7. Due to site limitations, property owners may be permitted to satisfy re -vegetation or tree replacement requirements as a part of an approved landscaping plan by locating plantings in open space areas within the subdivision with the approval of both the City Parks Department and the Five Trees Metropolitan District or other authority designated by the Home Owners Association. 8. Diseased or dead trees located outside of a Building or Activity Envelope may only be replaced with the approval of the City Parks Department as the intent of prohibiting landscaping outside of designated envelopes is to maintain a natural environment. FIVETREES HOMEOWNER S ASSOCIATION 0 • Thank you for your time, Regards, By James Korpela FiveTrees District anager Beach Resource Management h:\ftmd\0209 FiveTrees PUD Amendment 04-29-09.doc FIVETREES HOMEOWNER S ASSOCIATION • • RECEIVED MAY 01 2009 %I I Y Ur AbHE N CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT COMMUNITY DDELOPMW Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and CTIZo P o L i T qp4 t>1 s-ra1 cr (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for AMENDMENT To MoolZfc r41LY 'PUD bEvELoPAkr-NT C,U10� (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 1, (oB Z . 00 which is for 3 hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $235.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN By: Chris Bendon Community Development Director APPLICANT B . f, " — D te: 01 Billing Address and Telephone Number: P�133 Pra -�eR.d , E►y co 8l(,Il Cdt-:;-m) 17— 9 — 3`I4S ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: A d Nr, ri *o Moo r e. �" I U Applicant: F,v e- T ree s M e +Ab v oOa n Location: Visi on Zone District: Lot Size: Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Number of residential units Number of bedrooms: Existing: Proposed: Existing: Proposed: Existing: Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing. Principal bldg. height: Existing. Access. bldg. height: Existing. On -Site parking: Existing. % Site coverage: Existing. % Open Space: Existing. Front Setback: Existing. Rear Setback: Existing. Combined F/R: Existing. Side Setback: Existing. Side Setback: Existing. Combined Sides: Existing. Distance Between Existing Buildings Allowable: Proposed.-_ Allowable: Proposed.-_ Allowable: Proposed.-_ Required: Proposed: Required: Proposed: Required: Proposed. -- .Required: Proposed: Required: Proposed: Required: Proposed: Required: Proposed:_ Required. Proposed: Required: Proposed:_ Required: Proposed: Existing non -conformities or encroachments: Variations requested: L"d s c-a-y i n o o v 4 s, d-e a C _i•i v i+ y a'ny e lope s n .c as S C-, i v., A QR I r t lC v l l l cow d Yv I. CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 429-2759 DATE: 3/18/09 PROJECT: Moore Family PUD (Five Trees) REPRESENTATIVE: Gary Beach OWNER: Multiple individual owners TYPE OF APPLICATION: PUD Amendment (Other) DESCRIPTION: The Moore Family PUD was approved with a number of developable residential lots. As part of the PUD, these lots were provided individual building envelopes. Any development, including landscaping is required to be confined within the building envelope; however, there is a need to allow some landscaping, grading, and utilities to be located outside of the building envelope so appropriate drainage and plant spacing can be accommodated. Staff has recommended to the subdivision's representative that an amendment to the PUD's development guide can accommodate these provisions. Specifically, Article VIII, Building Setbacks, and Article XVII, Landscaping, are proposed to be amended within the "Moore family Planned Unit Development Guide." This PUD Amendment is reviewed and approved by the Planning and Zoning Commission at a public hearing. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.445 Planned Unit Development 26.445.100 B. Other Amendment Review by: Staff for complete application Referral agencies for technical considerations if necessary Public Hearing: Yes at P&Z review Planning Fees: $1,682.00 ($1,470.00 for 3 hours of staff time and parks referral = $212.00). Additional hourly billing beyond 3 hours is $245.00 per hour. Total Number of Application Copies: 12 Copies To apply, submit the following information: 1. Total Deposit for review of application. 2. Completed Land Use Application. 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. 4. Signed fee agreement. 5. Pre -application Conference Summary. 6. An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. 7. Proof of ownership/right to apply. This should include a letter of consent from the HOA to the application, as well as consent for representation by Beach Resource Management. 8. Plat of subdivision showing building envelopes. 9. 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. 10. List of adjacent property owners within 300' for public hearing. The GIS department car provide this list on mailing labels for a small fee. 920.5453 15. 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. 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.