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Home My WebLink AboutLand Use Case.946 S Mill St.0050.2010.ASLU0050.2010.ASLU 946 S. Mill St 8040 Greenline ESA 1 -Â»Â»17 r 24Â«419/ 1 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0050.2010.ASLU PARCEL ID NUMBER 1121-1 9 A 01 2 0 9 PROJECTS ADDRESS 946 S. MILL ST PLANNER SARA ADAMS CASE DESCRIPTION 8040 GREENLINE REVIEW REPRESENTATIVE JOHN GALAMBOS DATE OF FINAL ACTION 11.5.10 CLOSED BY ANGELA SCOREY ON: 11.19.10 0 050 Â· 2 o \ O Â· Â·&5 L ul z-- - 0 90 Elle Bit Record Navigate Firm Reporb Format Tab MeÂ© it@@* I v _a gl~i #j â‚¬ j tej' ~i N 1 / 4 0 Â£1 * A.irrp l : *~i Ole~ 29 . 4 5 C, *1 i Â£1 *1 ~13 3 0 â€¢lim.- 0 3% O 9 91 Ro~ing Status ~ Fee- ~ Fee Summq Ei-|&ctions ~ Attachments Routing Nory 1Yduation |Arch/Eng |Cwtom Fields 5ub Ermits 1Parcels I .* Â· 441' 2% Eâ€¢~ /i=.. -*te.Â·nâ€ž :*-2-#I----*.er~~LpjÂ»*91*....ik.-*- Pemt type aslu ~Aspen Land Lise Permt# 0050.2010.ASLU ..............em... iE.'14- [ Address 946 S MLL ST Aptl5ute ~ Cty ASPEN State F-1 Zp 81611 Permit Information Master permit Routtlg cpeue |aslu07 Appled 9/20/2010 Project Status pending Approved Descrpnon 8040 GRENLINE REVIRY- MNOR APPLICATION REVIBN Issuec Final 5ubmitted JOHN GALAMBOS Clock ~Gning~ Days |~~| Expires 9/15/2011 ak Submitted via Owner Last name ELLIS First name ~LUE 14 FIJIâ‚¬TON AVE SAN FRANCISCO CA 94129 .*my, Phone (415)796-3115 Address 90,Â·4 9, 1 Applicant ~ Owner is applicant? D Contractor is applicant? ~, Last name |GALAMBOS ARCHITECTS Ftst name 300 AABC 541 Phone (970)429Â·1286 Cust # 23643 Address ASPENI CO 81611 ~. Lender f lastname First name I Phone () - Address CÂ· â€¢ , â€¢- Â·Â·4~Â»,C-r â€¢â€¢~p~U~i,~ ~4,rMP'~iW i â€¢Â·,h~*6 Â·AspenGokE [mvs} angelas li~ .1 d 1 444 ClÂ©* C 0 2-' l 6 A.Maor l, 4-10 -00 --7 *. 22 06 7 1 1 9 Kka C-flÂ° Â» %0010-%Uy 1'-014 40!nt4 ~ MOCHOOil f â€¢dno,9 -1!1 GR AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: 946 50Â« rQU 9,9 , Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) 1, -4Â«4 0604â‚¬/Ll (name, please print) being or repredenting 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: U~'~ 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. lignaturd The foregoing "Affidavit of Notice" was acknowledged before me this G day oftâ‚¬,c, , 209O, by 41*741Â£7\. 35=04fov~ = WITNESS MY HAND AND OFFICIAL SEAL My commi,4]od expilds: ( b /Â£1 / 00/ J PUBLIC NOTICE Of (illy 1 1 1 DEVELOPMENT APPROVAL - Notice is hereby given to the general public of the I Notary Public ~ approval ot a site-specific development plan, and the creation of a vested property right pursuant to <~Y..~fe, I the Land Use Code of the City of Aspen and Title I 24, Article 68, Colorado Revised Statutes, pertain- ing to the following described propeny, Parcel ID I 1 #2737- 182-02-208, Legally described as Parcel 8, ATTACHMENTS: :*tf '4fp Top of Mill Subdivision, aka 946 South Mill Street, i City of Aspen, Pitkin County, Colorado. The Plan- ning and Zoning Commission, via Resolution No. :" CORY J. '. I 21, Series of 2010. granted 8040 Greenline Re- 1 J 1 view approval to allow re-grading of Parcel 8, con- COPY OF THE PUBI,ICATION : GARSKE J 1 struction of a retaining wait and landscaping. The changes are depicted in the land use application on %>.. /8 file with the City of Aspen. For further information OF (Â»S,- contact Sara Adams at the City of Aspen Commu- I 1 nity Development Dept., 130 S. Galena St., Aspen, ~ ~ Colorado. (970) 429-2778. ~ City of Aspen My Commission Expires 05/09/2012 Published in The Aspen Times on December 05, ~ ~ 2010. (5891106) DEVELOPMENT ORDER 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 (3) -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 the change is accomplished or 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. Property Owner's Name, MailinE Address and telephone number: Parcel 8. LLC. c/0/ J P Management LLC. 14 Funston Ave.. San Francisco, CA. 94129. relephone: 415-796-3115 Legal Description and Street Address of Subject Property: Parcel 8. Top of Mill Subdivision, Aspen, Colorado, also known as 946 South Mill Street. Written Description of the Site Specific Plan and/or Attachment Describing Plan: 8040 Greenline Review approval was granted by the Planning and Zoning Commission to permit re-grading of the site, landscaping and the construction of a retaining wall. Land Use Approval Received and Dates: Planning and Zoning Commission Resolution No. 21, Series of 2010. (approved on 11/16/2010) Effective Date of Development Order: November 28,2010,(Same as date of publication of notice 01 approval.) Expiration Date of Development Order: November 28, 2013, (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.) th Issued this 17 day of November 2010. by the City of Aspen Community Development Director. Chris Bendon Community Development Director City of Aspen blu Al I. 10+10 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: 94 8 5. MI \C (91Â¢20 8 0 -[br OF MiA, Aspen, co SCHEDULED PUBLIC HEARING DATE: 11)8PAN , NO\IÂ·EMBEW- \ (0111 , 2001:plo STATE OF COLORADO ) ) SS. County of Pitkin ) I, '-5 L AR Lle b (name, please print) .--JU, 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. J 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 2.ftlay of OarÂ© B Cy- , 29020/8 to and including the date and time of the public hearing. A photograph Of the posted notice (sign) is attached hereto. V~ 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 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. 140 Signa~re The fore~ing "Affidavit of Notice" was acknowledged before me this 61 day of Loqi m 102 Y 200-,by <C>h n (44 67 6 m bob 2-C,/(3 WITNESS MY HAND AND OFFICIAL SEAL ERLINDA M. MOREHEAD My commission expires:g N ~3 4 /30 / 9 NOTARY PUBUC STATE OF COLORADO 12ffl , f Cre- f I My Commission Expires 11/04/2013 Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL r- . , 3 . I 1 438, 4... . 4 -4 ... 2 t.. 44>~~ ** *U . ., f : 222 6 .: h : . 41*< .. 7, I 4 ' 4 , . . p /4 * V. '404 S In/ 4 Al , *.. : 1 4 - 2 Wr 3 -4 -I . I V . I aye 1 4 C . . ,4*42 &64 3.. 1 4.1~4. 4,4 .0 g Â·-**EZJ- I I ' ~ r . -F ' , ' yAE;7749= 9,19449'NO .1 3 -,1-< 143>,141,4 'tial:Ber 1 1. M ; 45, 1 '*49â€ž, e Â¥21 , al 'li W TRK;4 fi jfi~ . Iâ€¢le 4%,P .jc c get, j: J f,/ ti r + 1 ~ h ***at#~61,4 ;'' ffÂ»fV~ ~, ,~." ~'~'~ ; ~ i r - 17:Mad#...V . . 4 1,9" ( j 1 f 44*, Q & . 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I L - DATEMSDAY,LJOVEMBERI6Rj2010.- 4 TIME 430?M .9.*ACE. T~ Â·,2 ;*" '* . ..~ =,4.r;4 - 515!ERCiTIES,Cm HALL uat~- * -7 . ; Â·t /239 . . PLACE 110 5, GALEVAST., AS?EN 4$,--- e , - PURPOSE PARCELSIOPOEI.11\LPUD, 1.. -' I . 8649GREBiliNE RMEW. FORUNDS[APM MID AREIMMNG VIALL?l,NINED FOR PARCELS OF THE TO? OF 1111 SUBDNISION 1 PUD. THEOT 15 VKNIT, BUT 946 5. MILL &69.ENSEIKIED FORTHEPROPERTY'5 ADDRES. PARCEL * 113?18102208 . 9 \ <. 0 .' Meghan Nemechek From: Sara Adams [Sara.Adams@ci.aspen.co.us] Sent: Monday, November 01, 2010 11:17 AM To: Meghan Nemechek CC: John Galambos Subject: RE: PARCEL 8 TOP OF MILL PUD, 8040 GREENLINE REVIEW Attachments: Affidavit of Public Notice.doc Thanks Meghan. You need to print a photograph of the poster to attached to the public notice affidavit (along with a copy of the neighbors that received notice). Please bring the signed and notarized affidavit and attachments to the public hearing on the 16th. Thanks! Sara Sara Adams. Senior Planner. City of Aspen.130 South Galena Street. Aspen, CO 81611 tele. 970I429.2778 fax. 9701920.5439 www.aspenhistoricpreservation.com -----Original Message----- From: Meghan Nemechek [mailto:mnemechek@galambosarchitects.net] Sent: Monday, November 01, 2010 9:42 AM To: Sara Adams Cc: John Galambos Subject: PARCEL 8 TOP OF MILL PUD, 8040 GREENLINE REVIEW Sara- See attached photo of the Public Notice sign posted on Friday, October 29, 2010 for: PARCEL 8 TOP OF MILL PUD, 8040 GREENLINE REVIEW Please confirm receipt of this e-mail. Thank you! -Meghan Meghan Nemechek Galambos Architects, Inc. 314 AABC, Suite D Aspen, CO 81611 Tel: 970.429.1286 Fax: 970.429.1296 Web: www.galambosarchitects.net 1 Easy PeelÂ® Labels i A I Bend along line to i Use AveryÂ® Template 5160Â® 1 Feed Paper expose Pop-Up Edgeâ„¢ 1 ~ AVERYÂ® 5160Â® | A SUMMIT PLACE CONDOS TOP OF MILL INVESTMENTS LLC TOP OF MILL INVESTORS LLC C/O PETER S HEARST 3245 ELLA LEE LN PO BOX S 747 S GALENA ST HOUSTON, TX 77019 ASPEN, CO 81612-7420 ASPEN, CO 81611 TOP OF MILL MASTER ASSOC TOP OF MILL LLC TOP OF MILL TH HOA C/O FRIAS PROPERTIES 211 NORTH STADIUM #201 1000 S MILL ST 730 E DURANT COLUMBIA, MO 65203 ASPEN, CO 81611-3800 ASPEN, CO 81611 TYLER SANDRA SCOTT TRUST VELMAR A COLORADO CORP WAPITI RUNNING LLC 2190 ALISOS DR 400 E MAIN ST PO BOX 1003 SANTA BARBARA, CA 93108 ASPEN, CO 81611 ASPEN, CO 81612 WARGASKI ROBERT E TRUST WEISS AUSTIN R & REBECCA L WENDROW NADENE 50% 30353 N DOWELL RD 922 S MILL ST #1 (A) 425 N FEDERAL HWY MCHENRY, IL 60050 ASPEN, CO 81611 HALLANDALE, FL 33009 WHEELER CONNIE CHRISTINE WISEMAN ROBERT TENNANT ZUCKER HOWARD B & DEBRA L BRISTOL MEDICAL BUILDING 449 MOUNTAIN LAUREL DR #2 107 S MCINTYRE WAY 305 E 55TH ST #202 ASPEN, CO 81611 GOLDEN, CO 80401 NEW YORK, NY 10022-4148 Etiquettes faciles A peler 1 Repliez & la hachure afin de 1 www.avery.com j Sens de Utilisez le gabarit AVERYÂ® 5160Â® chargement rdvdler le rebord Pop-UPTM J 1-800-GO-AVERY 1 Easy PeelÂ® Labels ~ A I Bend along line to | ~ AVERYÂ® 5160Â® | Use AveryÂ® Template 5160Â® : Feed Paper expose Pop-Up EdgeTM ~| A NAKAGWA MICHAEL F NARDI STEPHEN J LIVING TRUST 50% NOREN LARA L & STEPHEN C AGUILERA DENINE 414 N ORLEANS STE 310 11211 FONTHILL DR 922 S MILL ST #3 (C) CHICAGO, IL 60610 INDIANAPOLIS, IN 46236-8630 ASPEN, CO 81611 OLSON PAUL S & DIANE C ONEILL ROGER PARCEL 4 TOP OF MILL LLC PO BOX 2936 PO BOX 711 PO BOX 989 BRECKENRIDGE, CO 80424 LAKE GENEVA, WI 53147-3579 COUNCIL BLUFFS, IA 51502 PETROVICH NICK D POLLOCK WILLIAM HARRISON REARDON DIANA PETROVICH ROSA DEL CARMEN 5340 CORAL AVE PO BOX XX FERNANDEZ CAPE CORAL, FL 33904 ASPEN, CO 81612 CO FRIAS PROP OA ASPEN-730 E DURANT AVE ASPEN, CO 81611-2072 ROANOKE INVESTORS LP ROARING FORK PROPRIETARY LLC ROBERT FAMILY TRUST 109 CLUB CREEK CT 2519 E 21ST ST 771 FERST DR PO BOX 17 TULSA, OK 74114 ATLANTA, GA 30332-0245 ST ALBANS, MO 63073 ROTMAN KENNETH B RUNAMOKLLC RUPERT INVESTMENTS LP 22 ST CLAIR AVE EAST #1700 1647 E MAPLEWOOD AVE 150 N MARKET TORONTO ONTARIO CANADA M4T 2S3, CENTENNIAL, CO 80121 WICHITA, KS 67202 S C JOHNSON AND SON INC RUTKOWSKIAMY SANS SOUCI ASPEN LLC TAX DEPT 412 922 S MILL ST #4D 10463 LA REINA RD 1525 HOWE ST ASPEN, CO 81611 DEL RAY BEACH, FL 33446 RACINE, WI 53403 SCHAINUCK LEWIS I & MICHELLE T SCHALDACH NANCY REV TRUST SCHIFFMAN ROBIN 2900 OCEAN BLVD 785 UTE COURT 700 MONARCH ST #103 CORONA DE MAR, CA 92625 ASPEN, CO 81611 ASPEN, CO 81611 SCHIMBERG FAM TRUST SHINE FAMILY LLC SIMON HERBERT REV TRUST HENRY SCHIMBERG 8677 LOGO 7 COURT 8765 PINE RIDGE DR 514 LAS FUENTES DR INDIANAPOLIS, IN 46219-1430 INDIANAPOLIS, IN 46260-1778 SANTA BARBARA, CA 93108 SMITH CARLETON K SMITH FREDERICK P & ESTHER B SOL HOLDINGS LLC CO MCVICKER JULIET 5454 WISCONSIN AVE #1300 800 S MILL ST PO BOX 567 BETHESDA, MD 20816 ASPEN, CO 81611 MIDDLEBURY, VT 05753 STANTON JAMES STRAWBRIDGE GEORGE JR STUART FAMILY TRUST C/O WORLD-WIDE HOLDINGS CORP 3801 KENNETT PKE BLDG #B-100 1 CASTLEWOOD CT 950 THIRD AVE 18TH FL WILMINGTON, DE 19807 NASHVILLE, TN 37215-4617 NEW YORK, NY 10022 Etiquettes faciles & peler Repliez & la hachure afin de 1 www.avery.com 9 Sens de Utilisez le gabarit AVERYÂ® 5160Â® ; chargement ravaler le rebord Pop-Upâ„¢ ~ 1-800-GO-AVERY 1 Easy PeelÂ® Labels i A I Bend along line to 1 ~ AVERYÂ® 5160Â® | Use AveryÂ® Template 5160Â® ' Feed Paper expose Pop-Up EdgeTM ~ FREEDMAN MICHAEL W & NANCI FRIEDKIN THOMAS H & SUSAN J GETTEL JAMES C 32460 EVERGREEN RD PO BOX 1116 30 LIGHTHOUSE PT DR FRANKLIN, MI 48025 RANCHO SANTA FE, CA 95067 LONGBOAT KEY, FL 34228 GOLAY FRANK H JR & INGA M GM & MJ PROPERTIES LLC GOERES NANCY C/O SULLIVAN & CROMWELL LLP 1900 MYRTLE ISLAND DR 826 SAVANNAH AVE 1888 CENTURY PARK EAST #2100 LAS VEGAS, NV 89106 PITTSBURGH, PA 15221 LOS ANGELES, CA 90007 HALL THOMAS L PERS INCOME & ASSET GOODMAN MARK GUEST KELLEY & CATHERINE TRUST 700 MONARCH ST #103 PO BOX 5578 15145 PAWNEE CIRCLE ASPEN, CO 81611 CARMEL, CA 93921 LEAWOOD, KS 66224 HARDEN SHEILA H REV TRUST HEARST BARBARA BIRCH REV TRUST HIBBERD LORNA W FAMILY TRUST 8111 CAMINITO MALLORCA 131 TREASURE HILL RD 310 PLUM ST LA JOLLA, CA 92037 SOUTH KENT, CT 06785 W BARNSTABLE, MA 02668 IMESON PATRICK IRVINE JOHN ALASTAIR HILLMAN RICHARD HAYES TRUST BARRENA VICTORIA CP 2097 140 RUA ALVA 13562 D ESTE DR PO BOX 2720 PARQUE ATLANTICO QUINTA DO LAGO PACIFIC PALISADES, CA 90272 ASPEN, CO 81612 ALMANCIL 8135-024 PORTUGAL, JP INTERESTS LLC JAMES FAMILY TRUST KWEI THOMAS TRUST C/O LOCKE LIDDELL & SAPP LLP 1 CASTLEWOOD CT 75 CAMBRIDGE PKWY PH8 301 COMMERCE ST STE 3300 NASHVILLE, TN 37215-4617 CAMBRIDGE, MA 02142 FORT WORTH, TX 76102 LLOYD DAVID ASSOC LIBMAN KENNETH J LKGCO LLC CAVALIERS CT 800 S MONARCH ST #2 2100 WOODSTOCK RD OXSHOTT ROAD LEATHERHEAD ASPEN, CO 81611 GATES MILLS, OH 44040 SURREY ENGLAND KT220BZ, LORING IAN & ISABELLE M & W LLC MATZORKIS NICHOLAS J & SUSAN P C/O BAIN CAPITAL LLC 3092 EDISON CT 23356 MALIBU COLONY RD 111 HUNTINGTON AVE BOULDER, CO 80301 MALIBU, CA 90265 BOSTON, MA 02199 MAURER MICHAEL S QPRT MAYER ROBERT G MCVICKER JULIET 11550 N MERIDIAN ST #115 350 SE 28TH AVE PO BOX 567 CARMEL, IN 46032 POMPANO BEACH, FL 33062 MIDDLEDURY, VT 05753 MEHRA RAMESH TRUSTEE MOSTELLER DAVID MURCHISON ANNE A TRUST 3115 WHITE EAGLE DR 2601 S QUEBEC ST #6 PO BOX 8968 NAPERVILLE, IL 60564 DENVER, CO 80231-6039 ASPEN, CO 81612 ttiquettes faciles & peler j A Repliez A la hachure afin de 5 www. avery.com ~ Sens de Utilisez le gabarit AVERYÂ® 5160Â® , chargement ruvuler le rebord Pop-UpTM J 1-800-GO-AVERY 1 Easy PeelÂ® Labels i A I Bend along line to i ~ AVERYÂ® 5160Â® | Use AveryÂ® Template 5160Â® 1 Feed Paper expose Pop-Up EdgeTM ~ , 5TH AVE 106 LLC 911 SOUTH MILL ST LLC ANDERSON BRUCE J C/O CRAIG COHN CO FRIAS PROP TOMC 700 S MONARCH #207 PO BOX 394 730 E DURANT ASPEN, CO 81611-1854 VAIL, CO 81658 ASPEN, CO 81611 APRIL FAMILY TRUST ASPEN SHAW PROPERTIES LLC ASPEN SKIING COMPANY LLC 3501 S 154TH ST PO BOX 61347 PO BOX 1248 WICHITA, KS 67232-9426 DENVER, CO 80206 ASPEN, CO 81612 ASPENITALL LLC BENNETT WOOD INTERESTS LTD BILLINGSLEY FAMILY LP 3755 NE 214TH ST PO DRAWER 1011 1206 N WALTON BLVD AVENTURA, FL 33180 REFUGIO, TX 78377 BENTONVILLE, AR 72712 BORNEMAN BRADLEY A BLEILER JUDITH A BRIDGE TIM LOUGHEAD EDWARD PO BOX 10220 303 BROADWAY # 104-126 PO BOX 552 ASPEN, CO 81612 LAGUNA BEACH, CA 92691 BOYERTOWN, PA 19512 CADER ANDREW CAMPBELL ROBERT T 50% CANAS HUGO C/O STIRLING HOMES 700 MONARCH #204 922 S MILL ST #28 600 E MAIN ST #102 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 CITY OF ASPEN CHILDS INVESTMENT COMPANY CJW ASPEN LLC ATTN FINANCE DEPT 0284 CR 102 2572 NE MILDRED ST 130 S GALENA ST CARBONDALE, CO 81623 JENSEN BEACH, FL 34957 ASPEN, CO 81611 CWALT INC TRUST DAYBREAK ASPEN LLC DESTINATION HOLDINGS FIFTH AVE LLC 400 COUNTRYWIDE WY 22 PERKINS RD 333 RIVER VALLEY RANCH DR SIMI VALLEY, CA 93065 GREENWICH, CT 06830 CARBONDALE, CO 81623 EAST JAMES COLLIER TRUSTEE ELLERSTEIN DAVID ERICKSON CLAIRE L & BETTY LOU FLP 2 LONGFELLOW LN PO BOX 552 1231 INDUSTRIAL RD LITTLE ROCK, AR 72207 BOYERTOWN, PA 19512 HUDSON, WI 54016 ETKIN DOUGLAS M & JUDITH G FALRIDGE LTD FAGIEN DEBRA 29100 NORTHWESTERN HIGHWAY, STE C/O OATES KNEZEVICH & 18620 LONG LAKE DR 200 GARDENSWARTZ BOCA RATON, FL 33496 SOUTHFIELD, MI 48034 533 E HOPKINS AVE ASPEN, CO 81611 FINKLE ARTHUR A & AMELIA FORD WARWICK S & NOLA M FORT BERNARDO & LAURINDA SPEAR 2100 PONCE DELEON BLVD #901 700 S MONARCH ST #203 3315 DEVON CT CORAL GABLES, FL 33134 ASPEN, CO 81611 COCONUT GROVE, FL 33133 Etiquettes faciles A peler ! Repliez & la hachure afin de ~ www.avery.com ~ Sens de Utilisez le gabarit AVERYÂ® 5160Â® rdv@ler le rebord Pop-U~TM 1 1-800-GO-AVERY ' chargement J L -4 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ..1.......-I PUBUC NCUCE RE: PARCEL 8 TOP OF MILL PUD. 8040 GREENLINE REVIEW. ADDRESS OF PROPERTY: will be he#d on Tuesday, November 16th, 2010 ata NOTICES HEREBY GIVEN that a public hearing 8 <To f O 9 P-14 LL , Aspen, CO and ZonA,9 Commission, Sister Cities, City Hall, meeting to begin at 4Â·30 p.m. before the Planning 130 S Calena St , Aspen, to consider an applicaf-I requesting 8040 Greenline Review for ~ landscaping and a retaining wall planned for SCHEDULED PUBLIC HEARING DATE: lot is vacant. but 946 S. Mill has been selected for Parcel 8 of the Top of Mill Subdivision/PUD. The ii#J- Abu 1 60 9.4. scr'n ' 204-11 application was submitted by Galambos Architects. the properly's address. The parcel number for the subject properly is 273718202208. The Inc., 314D ABC, Aspen, CO 81611, on behalf of Parcel 8, LLC. JP Management LLC, 14 Funston Ave. San Francisco, CA 94129. The subject property under review is legally described as Subdivision: Top of Mill Parcel 8. STATE OF COLORADO ) For further information, contact Sara Adams at the ) SS. City of Aspen Community Development Depart- ment, 130 S. Galena St. Aspen CO 81611, (970) 429-2778. 2 8/8.adams#CL.AmeLLmum County of Pitkin ) ig Planning and Zoning Chair Published in the Aspen Times Weekly on October 31st, 2010. [5749064] I. (name, please print) 49.214 Scode#Ji - 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 CE) oI,ttle Aspen Land Use Code in the following manner: 1 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 ofproperty within three hundred (300) feet ofthe 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) C J 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 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 o f this Title, or whenever the text o f this Title is to be amended, whether such revision be made by repeal ofthis 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. 4~j_- 7-1 signatute The foregoing "Affidavit of Notice" was acknowledged before me this / day of ~Jo-v' , 200*, by ;An/Ul-'-,Gn. 9>cc,e-C.--.~ WITNESS MY HAND AND OFFICIAL SEAL My,rommission expires: 91 KERJ4 2.Oll-~ 1 i Â£ UND:AM. i â‚¬ I i. *,4.'ANN.ING ~Â« tÂ·44-~ ./.iÂ·' -1. Wotary Public 06 003r My Commission Exoires 03/29/2014 ATTACHMENTS AS APPLICABLE: â€¢ COPY OF THE PUBLICATION â€¢ PHOTOGRAPH OF THE POSTED NOTICE (SIGN) â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 03IB. MEMORANDUM TO: Planning and Zoning Commission THRU: Jennifer Phelan, Community Development Deputy Director FROM: Â· Sara Adams, Senior Planner RE: Top of Mill Subdivision, Parcel 8,8040 Greenline Review, Resolution No. , Series of 2010 - Public Hearing DATE: November 16,2010 APPLICANT /OWNER: STAFF RECOMMENDATION: Parcel 8, LLC Staff recommends the Planning and Zoning Commission grant 8040 Greenline review approval. REPRESENTATIVE: John Galambos of Galambos SUMMARY: Architects Inc., 314D AABC, The Applicant requests the Planning and Zoning Aspen, CO 81611. Commission approve the 8040 Greenline Review to permit landscaping and grading of Parcel 8, Top of LOCATION: Mill. Parcel 8, Top of Mill of Aspen, CO, commonly known cer.1.J .IN -I' as 946 S. Mill Street. . VE)'11....6 IM 'Â»> 3% em./limfill'll/Atb. CURRENT ZONING & USE , 87 447Â£07 ime:- aj 1... M iz, L, Lodge with a Planned Unit PIL . . ...1 F,Le Development Overlay (PUD), Top of Mill Subdivision. The lot . 1 f 1.- &, A 9 "%1, f is currently vacant and not {4 1'....k <iER b.7-, 47../IL. landscaped. Note: the property is , lar<~ 720, 4.:.1/./S# entitled to develop a single .As \Aix,~'.bki%li ,- /9/......I family residence. -1/9/2<6 1Â£ 2,/- - 7--=1~ Aerial image of the subject property PROPOSED LAND USE: A vacant landscaped lot with a retaining wall. Re-grading of the site is also proposed. Staff memo, 8040 Greenline Review 946 South Mill Street, Parcel 8 Top of Mill Page 1 of 3 REVIEW PROCEDURE: Pursuant to Section 26.435.C, the Planning and Zoning Commission may approve, approve with conditions, or deny an "8040 Greenline Review." The Planning and Zoning Commission is the final review authority. BACKGROUND: "8040 Greenline Review" is triggered by any development at or 150 feet below 8,040 feet in elevation. The Land Use Code defines "development as "the use or alteration of land or land uses and improvements inclusive of, but not limited to: ...2) ...the construction, erection, alteration or demolition of building or structures; or 3) the grading, excavation, clearing of land or the deposit or fill in preparation or anticipation of future development, but excluding landscaping." The applicant proposes to re-grade the site and construct a retaining wall, which the Land Use Code recognizes as a structure. The Community Development Department determined that both the construction of a structure and the re- grading ofthe site required an "8040 Greenline Review." Ordinance No. 7, Series 2002, approved the Top of Mill Subdivision and set forth that all of the single-family residences to be constructed within the subdivision shall be required to obtain "8040 Greenline Review" approval prior to applying for a building permit. Ordinance No. 7 granted approval of the subdivision's compliance with nine of the eleven "8040 Greenline Review" requirements. The remaining two requirements, items 3 and 7 of Land Use Code Section 26.435.030.C, must be approved by the Planning and Zoning Commission for compliance for each individual residence design. Both Parcels 7 and 8 of the Top of Mill Subdivision are under the same ownership. To date, Parcel 8 has been used for construction staging for Parcel 7. The applicant requests approval to landscape Parcel 8 which includes: re-grading to slightly flatten the lot, the construction of a retaining wall proposed to be clad with stone, and the addition of aspen trees and native grasses. There are no proposed buildings on the site: the applicant intends to use the subject parcel as a lawn for the residence located on the adjacent Parcel 7. STAFF COMMENTS: The purpose of the "8040 Greenline Review" is to "reduce impacts on the natural watershed and surface runoff, minimize air pollution, reduce the potential for avalanche, unstable slope, rock fall and mud slide and... that disturbance to existing terrain and natural land features be kept to a minimum." Staff finds that the proposed grading, retaining wall and landscaping are minimal impacts to the existing terrain and that the proposed retaining wall material and design will blend in with the open character of the mountain. Staff finds that the review criteria, attached as Exhibit A, are met. REFERRAL COMMENTS: The Engineering Department reviewed the application and found it compliant with the Top of Mill Subdivision PUD Grading and Drainage Plan. The Parks Department did not Staff memo, 8040 Greenline Review 946 South Mill Street, Parcel 8 Top of Mill Page 2 of 3 have any comments. The application is required to meet all applicable building permit requirements, including a Construction Management Plan if more than 400 square feet of soil is disturbed. RECOMMENDATION: Staff finds that the proposal blends into the open mountain character, greatly improves the current condition of the lot and meets the applicable criteria for "8040 Greenline Review." Staff recommends that the Planning and Zoning Commission grant "8040 Greenline Review" approval. RECOMMENDED MOTION: "I move to approve Resolution No. , Series of 2010, approving an "8040 Greenline Review." ATTACHMENTS: Exhibit A - 8040 Greenline Review and Staff Findings Exhibit B - Photographs of current condition Exhibit C - Application Staff memo, 8040 Greenline Review 946 South Mill Street, Parcel 8 Top of Mill Page 3 of 3 Resolution #___.~~ ~ (Series of 2010) RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING AN 8040 GREENLINE REVIEW FOR THE TOP OF MILL SITE, PARCEL 8 OF THE TOP OF MILL SUBDIVISION, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO PARCEL NO. 2737-182-02-208 WHEREAS, the Community Development Department received an application from Parcel 8, LLC, represented by John Galambos of Galambos Architects Inc., for an "8040 Greenline Review" for the property located at Lot 8. Top of Mill Subdivision/ PUD, commonly known as 946 South Mill Street; and, WHEREAS, the subject property is zoned Lodge (I.) with a PUD Overlay; and, WHEREAS, upon review of the application. and the applicable code standards. the Community Development Department recommended approval, of the land use request: and. WHERAS, pursuant to City Council Ordinance No. 7. Series of 2002. Section 2. Number 17. the subject property is required to respond to only review standards 26.435.040.C (3) and 26.435.040.C (7) regarding 8040 Greenline Review, thereby precluding any further review of 8040 Greenline Review Standards 26.435.040.C (1,2.4, 5,6,8,9,10,11); and, WHEREAS, during a duly noticed public hearing on November 16. 2010 the Planning and Zoning Commission approved Resolution No._. Series of 2010, by a vote, approving an "8040 Greenline Review.": and. WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein: and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards: and. WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health. safety. and wel fare. 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 Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves an -8040 Greenline Review" for the property located at the Top of Mill site, Parcel 8 of the Top of Mill Subdivision, City and 1 ownsite of Aspen. Pitkin County. Colorado. P&Z Resolution No. _ Series of 2010 946 S. Mill Street. Parcel 8 ofthe rop of Mill Subdivision Section 2: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded. whether in public hearing or documentation presented before the Planning and Zoning Commission are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section3: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided. and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase. or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity o f the remaining portions thereo f. APPROVED BY the Planning and Zoning Commission ofthe City of Aspen on this /6 day o f November 2010. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: James R. True, Special Counsel Stan Gibbs, Chairman ATTEST: Jackie Lothian, Deputy City Clerk Exhibit A: Approved site plan. P&Z Resolution No. Series o f 2010 946 S. Mill Street. Parcel 8 ofthe Top of Mill Subdivision f r=<1=.<-_L_....L ' LODGE | A MOUNTAIN / 11 4,Â·f'4152&04 9 1 >20 f 1:-' : C:. f 9 1Â»99%64; -~#Ilt 1119#11~: 1 , #W ASPEN, COLORADO 1 1, // I / ' Noll.f I 1-0,1 21.1-J THIERRY W. DESPONT / , d / 10 H-- Srl-, tiLLS I- ~1 44* /1 -- New Yo.LN Y 10.1, * T./I'llÂ».44 1 Â£43Â·Â·'1 1 4-3-1 ----- ' \ r ; 1, 4 / *ic/<M _/* ,+45.- - AL , !1 : 444*. U 1 " 'I / 4 , '01:: i //7 // 0/!Im//hilcil Inc. =I#/*0 I.-01...Ill 1 *A T,1,-70)~MM Â·218Â·4Â¢01 1 111 11 4 ' -- -,1 F[â‚¬24#I. Rfe 1 1, i ' ' 5*'*M r 4 J M \' ' .. I , ' , :3ifAR~66/ ~ " hi=-t?.; . P / , , *Id/OW. A,".C.1.1.0 11.0 : i 41, 2 ti i v..Gr.,0 r-fl#yA' .: '~ ,'lili # ! 1 0 .... ' ..11!G.6- 1 / , ,-EWUr-,/ Larniand Adiwi. k. /i -. -1 14- ,/ ~l Ilill II'l uri,â‚¬â€ži, CDIO~hloo26 A. .-I -1.14. ChÂ».- ..7 f Tileph-OOJ)U+JO~ h ' 1: '' 1 / I li 1 111 67:A Â· r,re-1 I , ' ' '11 14: / ' ./ I / ./ I Iq' 'Ve ' Â· MA G / a. I ' .- -Â· :. i k .u . I , ' 1 ,= : I. ' .* .1- VII ---- ' : 0,â€¢ Ill ) , ' --..1.-~- : ; 11 : 09 ' I , ./ -A-1~ ~ r ..1'' 11 9 1 ' EL â€¢MeÂ· a 1 12 ,- r .7/4 ra L.,â€¢1., Â»wi ~tu'""'a.i It 1 11 1 1 j i W t\\ LOT 8 FRONT RETATN[NG WALL & EXISTING MUD WAU /;h LOT 8 FRONT RETAINING_WALL.AND EXISTING MUD WALL-PLAN tAY,1 4% IrA~ PÂ·/030/ 3/32Â·-iÂ·/ Â¢Â¥ fiv NO 1 % A.103/ EXHIBIT A Section 26.435.030. Greenline Review: According to Section 26.435.030 of the Land Use Code. no development shall be permitted at, above, or one hundred fifty feet below the 8040 Greenline unless the Planning and Zoning Commission makes a determination that the proposed development complies with all requirements set below. The property is located in the Aspen Mountain Subdivision PUD. Ordinance No. 7 Series 2002. approved the Top of Mill Subdivision and set forth that all of the single-family residences to be constructed within the subdivision shall be required to obtain 8040 Greenline Review approval prior to applying lor a building permit. Ordinance No. 7 granted approval of the subdivision s compliance with nine of the eleven 8040 Greenline requirements. 1 he remaining two requirements. items 3 and 7, must be approved by the Planning and Zoning L ommission f or compliance for each individual residence design. 3. The proposed development does not have a significant adverse affect on the air quality in the city. ~rIAFF COMMENT: Staff finds that the proposed re-grading. retaining wall and landscaping do not have a significant adverse affect on the air quality in the city. This criterion is met. 7. Building height and bulk will be minimized and the structure will be designed to blend into the open character of the mountain. 8TAFF COMMENT: There are no proposed buildings on the site. Staff finds that the proposed Aspen trees and native grasses are consistent with the natural landscape and open character of the mountain. The retaining wall (which qualifies as a structure) is proposed to be clad with a stone similar to the existing residence on the adjacent lot. The existing grade is proposed to be flattened in the middle of the lot to presumably create a more useable open space. Staff finds that the proposal is minimal in height and bulk considering its function, blends into the open character of the mountain. and greatly improves the current condition of the vacant lot. Staff finds this criterion to be met. Exhibit A 8040 Greenline Review Standards Page 1 of 1 E - 2*1<-S~ 4 r . =-* 4// 74/I. ~Â« .inâ€¢ap:<t:,EN;f: ' 1.* ~ 22-:- ~:f'*A~//*1*~#6,;,1â€ž0,#,g*- w:/:aâ€ž,#,** ,Â· . *(0~ ,~>9.31~;'<Adtr:~t: ~t~~~ ~ .. 1 ..I. ..2/t. 4-- 4/4 W. 'd,le ...,<Ativ' 44 . . 91+- 42-~ 4, . 2 'r'.-.'*.' \ 2 -2--KNE :,â€¢1: tf ;20'lki 4 A . I '1- Â¥ ..,Iut<..,rw' ~. I ... Ft. .7 .9,1.-*4. , A. . I. '0 ~ 4 .-I. I 4/ . .. 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WALL - FEÂ·.STRUCTURAL 'Â·PRO DBED RETAINT E + MS *OR DETAIL#. -------- \111%0, r. ---1.4. 1 . 1 . i - N'Â·9670.00 . 1- + E 9782.22 1. f FG 49.0. 9665. 6 ... ..0.--. ./ i 4 7 SEDIMENT FENCE: 5 +/ 0/ CONSTRUCTION ACCESS E ' 93.1 ./'-2~ 1 % I FROM STREET FRONTAC .O / - ~ ' / i BE PROVIDED AS NEED :t \ s. 3 1 ' ' 7- .-4 , 3411-5-- I - -4 48.1 . 1 : Â·MATCH # ...cEZ 7~Â·emekb.... -Â»29>11 TOP OF LL 45.0 47.i5 \ ' * 9*1%4% 4 0 - c \ L~L * 1 NG 04 - . i, - 4 %1 i . . 1-ap OF- B [U- - (- 6 - : . s ITE- AA.AP -PET=TIA; 6 4, HECE- - - ted â€¢ M# e,VT- 1 kz. Po r .l 7 0, ---A GRAPHIC SCALE 10' DEFLECT/ON % WALL EASEMENT ~ RECORDED AS RECEPTION NO. 496015 ~ Â« r-----3 item,/ 14 qLKLQ 5Â·21\ 6.-Â·Â· 6-- 5555 pgoresap dic*Pe -7 - I .- ---7 ...-.- 6050 - 1 1 - 0 71\\\ ~ 9015 I EXIPTIA)4 4072 -L--~~ -N- *f % 0.4 640 0:t 1 11:'J 20 55 . 652-6 107 OP FAU 74421. 5 5Eor,04 4 f.1 0 741/Â° 340 , Ens'11,06 40*pe~ 1.1Â« &55 0 ---- 1- - - -- 9 1 6050 7*-re*EP 69:Ape ~-----< . - . I. 1 805 i M 3040 Â¢3,4 1 1)45 1 2030 . 8,1 F 187 0, /"06 1'*%604- ab 52Â«WA) 16 l:to - 1 !&40 1- 7 -- - - --- In o,nk-ArÂ·rinn.1 TA or Del, 1 AA,nerADC Pt AN - RY OTHR 6' ut K1 f C- FFOrÂ»521) 8*pe I - A/. Con, jruc=r_____________-_____ - --- -I--- - -I--=I--Il--- , ---- -- --I--- 4- -- --- -- --- Mt LL - 545 ER*na a AMPE'-6 1 *040 97 /F W W TAgct u . 50=nâ€¢,0 c. I:I. 1 1 9/2/! o ~ilill Sara Adams From: Larry Doble Sent: Monday, November 08, 2010 10.24 AM To: Sara Adams; Tricia Aragon Subject: RE 8040 greenline review - top of mill Sara, The submission iscompliant with the Top of Mill Subdivision PUDGradingand Drainage plan, dated 8-7-02. Larry Lawrence A. Doble, P.E., CFM Senior Development Engineer Engineering Department City of Aspen 970-429-2750 office 970-920- 5440 fax larry.doble@ci.aspen.co.us From: Sara Adams Sent: Monday, November 08, 2010 10:20 AM To: Tricia Aragon; Larry Doble Subject: 8040 greenline review - top of mill Hi Trish and Larry, Thanks for reviewing the grading/landscape 8040 greenline application for parcel 8, top of mill. Do you mind sending me a quick email saying that you reviewed it and do not have any comments? I want to include it in the P&Z memo. Thanks and I hope that you had a nice weekend! Sara Sara Adams. Senior Planner. City of Aspen 130 South Galena Street /h .'.241 Aspen Lu o i toi 1 tele, 9701429.2778 fax 97 0,4â€ž www.aspenhistoricpreservation.com 1 Sara Adams From: Brian Flynn Sent: Tuesday, November 09, 2010 10:35 AM To: Sara Adams; Chris Forman Subject: RE: top of mill lot 8 Sara, is this the guy who bought the empty lot to build a yard? If so, we are cool with most of the proposed. Is there anything that is standing out as a point of concern which we may have missed. Ill'iart I'l) 1111 Op- Spacrand Sperial Pri)irtÂ·|h \121!lager (P)()70-129-20:15 ( 113)970-920-3128 hASPEN i PARKS & RECREATION From: Sara Adams Sent: Tuesday, November 09, 2010 10:22 AM To: Brian Flynn; Chris Forman Subject: top of mill lot 8 Hi Brian and Chris, I attached a few drawings for a proposal on lot 8, top of mill. The lot is currently vacant and the owner (who also wants to landscape it and add a retaining wall. If you have a chance, please check it out and see what you think. They are proposing aspen trees and native grasses, and some slight re-grading. This has to go to P&Z for an 8040 greenline review next week. Thanks, Sara Sara Adams. Senior Planner. City of Aspen 130 South Galena Street, Aspen CO 81611 tele 9 i vi429 2// 6 fax 9701920 5439 www.aspenhistoricpreservation.com 1 PARCEL 8, TOP OF MILL SUBDIVISION / PUD 8040 GREENLINE REVIEW APPLICATION t AN APPLICATION FOR 8040 GREENLINE REVIEW FOR PARCEL 5, TOP OF MILL SUBDIVISSTION /PUD Submitted By: PARCEL 8 LLC September 10, 2010 Prepared by: Galambos Architects Inc. 314-D ABC Aspen, CO 81611 (970) 429.1286 PROJECT CONSULTANTS ARCHITECT The Office of Thierry W. Despont 10 Harrison Street New York, NY 10013 ARCHITECT OF RECORD Galambos Architects Inc. 314-D ABC Aspen, CO 81611 CIVIL ENGINEER Schmueser Gordon Me~er Engineers and Surveyors 118 W 6t St. Suite 200 Glenwood Springs, CO 81601 STRUCTURAL ENGINEER KPFF Consulting Engineers 1601 Fifth Avenue, Sutie 1600 Seattle, WA 98101 SURVEYOR Schmueser Gordon Mexer Engineers and Surveyors 118 W 6t St. Suite 200 Glenwood Springs, CO 81601 TABLE OF CONTENTS Pre-application Conference Summary Authorization Letter from Applicant Title Certificate Site Plan Land Use Application and Signed Fee Agreement Vicinity Map 12 copies of Land Use Application Written Description Proposed Elevations Accurate Elevations (to mean sea level) Proposed Construction Techniques Plan with Existing and Proposed Grades Exterior Lighting Plan (not applicable) CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Drew Alexander, 970.429.2739 DATE: 9/9/10 PROJECT: 946 South Mill, Parcel 8 REPRESENTATIVE: John Galambos, 970.429.1286 OWNER: Parcel 8 LLC TYPE OF APPLICATION: 8040 Greenline ESA DESCRIPTION: The owner of Parcel 8 Top of Mill Subdivision/PUD has proposed to landscape and grade the lot. This property is currently addressed with 946 S. Mill. The ownership includes the adjacent lot (to the south), 944 S. Mill, which has a completed single-family residence. The scope-of-work includes grading the site to establish more level conditions. Vegetative landscaping and a retaining wall are also planned, but the grading of the land is what triggers the 8040 Greenline Review. The Top of Mill Subdivision/PUD received approval for nine of the eleven 8040 Greenline criteria. The only criteria applicable for new development are numbers 3 and 7, which are Air Quality and Mountain Character respectively. 8040 Greenline Review is handled by the Planning and Zoning Commission. Community Development Staff is not recommending a referral for this application. Public noticing is required. Below is a link to the Land Use Code and Land Use Application for your convenience. Land Use Code: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-Use- Code/ Land Use Application: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/landuseappform.pdf Land Use Code Section(s) 26.304 Common Development Review Procedures 26.435.030 8040 Greenline Review Review by: Community Development Staff for complete application Planning and Zoning Commission for 8040 Greenline Public Hearing: Required Planning Fees: $1470 for a Minor Application Review. This includes six (6) hours of staff review time. Additional time over six (6) hours will be billed at $245 per hour Referral Fees: None Total Deposit: $1,470 Total Number of Application Copies: 12 Copies Includes appropriate drawing for board review (HPC = 12; PZ = 10; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 2) To apply, submit the following information E-1 Total Deposit for review of application. 1-1 Pre-application Conference Summary. E 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. [-1 Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 1-1 A site plan depicting the proposed layout and the project's physical relationship to the land and its surroundings. 1-1 Completed Land Use application and signed fee agreement. Fl An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. [-1 Twelve copies of the Land Use Application and all additional letters, maps, and agreements. Fl 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 0 Proposed elevations of the development [-1 Accurate elevations (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures; a verification and recordation of the actual elevation in relation to mean sea level to which any structure is constructed; a demonstration that all new construction or substantial improvements will be anchored to prevent flotation, collapse or lateral movement of any structure to be constructed or improved; a demonstation that the structure will have the lowerst floor, including basement, elevated to at least two (2) feet above the base flood elevation, all as certified by a registered professional engineer or architect. Fl A description of proposed construction techniques to be used. 1~1 Plan with Existing and proposed grades at two-foot contours, with five-foot intervals for grades over ten (10) percent. ~ As applicable, an exterior lighting plan showing location, height, type and luminous intensity of each above grade fixture. 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. September 10,2010 City of Aspen Community Development Department 130 S. Galena Street Aspen, Co 81611 I, Billie Ellis, Authorized Agent of Parcel 8, LLC, the owner ofthe property located at 946 S. Mill Street (Parcel 8, Top of Mill) authorize John Galambos of Galambos Architects Inc, to act on my behalf related to the City ofAspen's required 8040 Greenline Review Land Use Approval. Applicant's address is the following: JP management LLC 14 Funston Avenue San Francisco, CA 94129 (415) 796-3115 Representative's address is the following: Galambos Architects Inc, 314D AABC, Aspen, CO 81611 (970) 429-1286 Thank You, 5 +1ft Billie Ellis Authorized Agent of ParDkAB, LLC c*1 1toes- RECEPTION#: 556172, 02/03/2009 at 11:03:24 AM, 1 OF 4, R $21.00 DF $750.00 Doc Code SPEC WD Janice K. Vos Caudill, Pitkin County, CO SPECIAL WARRANTY DEED ZUMA LLC, a Colorado limited liability company ("Grantor"), for Ten ($10.00) Dollars and other valuable consideration, in hand paid, hereby sells and conveys to PARCEL 8 LLC, a Delaware limited liability company ('Grantee"), whose address is 301 Main Street, Suite 3300, Fort Worth, Texas 76102, Attention: Sherri L. Conn, the following real property located in Aspen, Pitkin County, Colorado legally described as: - All of Parcel 8, TOP OF MILL SUBDIVISION/PUD, A PLANNED COMMUNITY, according to the Final Plat for Top of Mill Subdivision/PUD, a Planned Community, recorded August 18, 2002, in Plat Book 62 at page 4 as Reception No. 471099, In Aspen, Pitkin County, Colorado and as further defined and described in the Master Declaration of Protective Covenants for Top of Mill recorded October 4, 2002 as Reception No. 473073, the First Amendment thereto recorded October 18, 2002 as Reception No. 473629, Second Amendment thereto recorded March 13, 2003 as Reception No. 479906 and Third Amendment thereto recorded December 31, 2003 as Reception No. 493046 - TO HAVE AND TO HOLD with all its appurtenances and warrants title against all persons claiming under Grantor, SUBJECT TO AND EXCEPTING: 1. Real estate taxes for the year 2009 and payable in 2010 and all subsequent years not yet due or payable. 2. Existing building, land use and zoning regulations. 3. Those matters listed on Exhibit "A" annexed hereto and made a part hereof. /N W/TNESS WHEREOF, Grantor has hereunto set its hand and seal as of February 3, 2009. ZUMA LLC /1 X---I---I-- V By: Neil D. Karbank, Authorized Representative CITY OF ASPEN WRETT A-.3,- HRETT PAID DATE REP NO DATE REP NO. 13/M UU+ 35/64 7*10.144 3 9.67 ~cT a.2 361 STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) On this 2d day of February, 2009, before the undersigned, a Notary Public in and for said County and State, residing therein duly commissioned and sworn, personally appeared NEIL D. KARBANK, known to me to be the person whose name is subscribed to the within instrument, and he acknowledged that he executed the foregoing Special Warranty Deed in his capacity as an Authorized Representative of Zuma LLC, a Colorado limited liability company, as the act and deed of such limited liability company, as Grantor. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year ig this certificate first above written. 10,5.glou Notary P*ic within and fo~d Colinty and State ,#Af%/gf.b My commWion expires l / ,".--- -- -&*.-~*-~.- 00~1~.~00(4 Â»1:14*CLA..Wh.':I I + rtile,?CÂ· Â· 2 :ilâ€ž?Â·ff"i.52Â£{3>10Â£*ECJ~~ Ailt.â€¢Â¥.Â·Â·'4#+M-34&*d~AS~JB'l~1Â·~Â·-Da 6<, CÂ·-3â€¢n;rteÂ·zp: 7.Â·,WriÂ·3 04.07#2010 1375000v2 1/23/2009 11:50:44 AM EXHIBIT "A" PERMI11-ED ENCUMBRANCES 1. Reservations and exceptions as follows: a) Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted. b) Right of way for ditches or canals constructed by the authority of the United States. As the same may be found in the United States Patents recorded April 12, 1901 in Book 136 at Page 281, May 20, 1949 in Book 175 at Page 177 and May 20, 1949 in Book 175 at Page 208. 2. Easements, rights of way and all matters as disclosed on Plat of subject property recorded August 18, 2002 in Plat Book 62 at Page 4. 3. Terms conditions, provisions and obligations as set forth in Subdivision/PUD Agreement for Top of Mill Subdivision/PUD recorded August 18, 2002 as Reception No. 471100. 4. Terms, conditions, provisions and obligations as set forth in Pretapping Agreement recorded August 30,2002 as Reception No. 471764. 5. Terms, conditions, provisions and obligations as set forth in City of Aspen Water Main Extension Agreement recorded August 30,2002 as Reception No. 471765 and First Addendum thereto recorded October 17, 2002 as Reception N6.473593. 6. Terms, conditions, provisions and obligations as set forth in License Agreement recorded October 1, 2002 as Reception No. 472877. 7. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Protective Covenants for Top of Mill recorded October 4, 2002 as Reception No. 473073, First Amendment thereto recorded October 18, 2002 as Reception No. 473629, Second Amendment thereto recorded March 13, 2003 as Reception No. 479906 and Third Amendment thereto recorded December 31, 2003 as Reception No. 493046, deleting therefrom any restrictions indicating, any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin. 1375000V5 2/2/2009 5:00:59 PM 8. Terms, conditions, provisions and obligations as set forth in Amended and Restated Grant of Easement recorded March 30,2004 as Reception No. 496015. 9. All matters as disclosed by Survey of Schmueser, Gordon, Meyer dated January 19, 2009 as Job No. 2000-140.006-02. All of the foregoing book, page and reception number references refer to the real property records of Pitkin County, Colorado. 1375000v3 2/2/2009 5:00:59 PM A MOUNTAIN LODGE f j f f f , f --*111'R ASPEN, COLORADO 2 4 2 + i . '' 3 't i t 11 1 1 / /1 1 1. / / 'The(*accof ' THIERRY W. DESPONT N 0 1, :f I \ New York. NY. <2 1 1 10013 1 // / *00 *Â·â„¢EF Id, Telephone (212) 334-9444 f I d --- Tdchx(212)334-1847 1 /1 11 - lin - -03 /1/ F..111 11 ,â‚¬74,1/ 111 1 ! -U-- / , I, F .1 /:. ~' / ~ 0 12 ' - I / \I 1 :l j , ,. 11 , 'â€¢/6,6, 6-r ' 11 11 0 411 1.11 '1.11 .d /1 / / \\/* Galambos Architects Inc. - 4 * I , / 1 211*>1110 1 billi - 1 1 1 300 AABC Unit D Arâ‚¬hilect of Rc.... '4)en. Color.0 # 11 / ~/ , , , Terephon.(970)429.1286 ; 1; J .1 - - , /1 , 1 / r / / Telcia<970)429-1296 -- j , , 1 1 , 11 e i , 4 -<#f N { , 1 / / / / / /' , 1 1 1 1 It Sir....1 Engineer 1 1 1 1 1 1 1\ 1 \ 111 1 4 : - - .11, i 1 $ 1 1 -- r- 1 f i / 1 , 4 / I / / '' ~ , 1 / , ff , $-0, P,eâ€¢- Lo~ ~9~- *<='l 4 4 1 i i MEP En,Ince, I -i)> / 1, // I \/ //1 1, /' . U. 1 % / 1 , \ // I ,, * , / i / , Beaudin Ganze # ;~ 1 Cur.~uliing En'ne~ts. Inc. - *80541 ~ / / / 1 / + r , , Ii'' -\ 1 // ' 1 1 . / , 1/7 3.7. 9 f / l.jit 4 1 O l~ 1 1 ./ : , 1 1 4-43 I , I ./ I . / / 1 / //,':/ , , 1 i D ),74/ , Setback Civil En'i 117 : *-1-1 ' */Level}Â·ard,Irc / / / 0 1 // i ', 1/ i ' / Lorris and Associates, Inc. 21 11 / EL, +80480 + r ; 1/ I ll;/ j / I I / - / ' ' ' ill,1 .A -114 , , 1 ]585 -tr,11 Rul,e D,r,e E- -- 1(//100/4,1 / / / / 1 " ' / Laiyette, Colorado 80026 , , , , 1 14. 11 I ' I , # 'lit Telephone ( 303) 444-2073 -Q I , , / 1 , 11 Dll / // fi 4 1 ' ;, , 11 41 , 44. / : '' ' / , , 1 41 ju , / // 2 '' / ' 4 1 yo, / 1 / ./ i - 1:-/,// / / / / 1 I I / I ./ 1,1 1 I I , i /1/ i ~ 4 th 2 , , , 1 1 . 2 ' I lilli , ~N. ~ .5' tr/de m.bben' 8ed , 1 1 1 1 1 --- - ---- I 5 -- 1 , / P Â· . - 8-1 S+0, i. Ser.0,/-- , -- / 1 1... 1 10 Grodi ally 5100flo j , / , Resall,ing W'#198 8043 0' , 2 ' 126 -,- : '1 40 1- - . TO. Reip.M/'#/1 ' / ' i / I ./ &044 7 EL- >4043.0' ; I ' ' '' I. .h== .- // 2742\ / I '/1 , 10.6.ade.Frontwipal 1 ' L +8042.3' 1 / 9 1 .% 1- : -* 1 ' // //1 / 1 / :' 4,///~ --- 1 1 _. /1 /11 1 3 . 1,1 11 -% 1, 1 41 . 1 , 11 9. \ E 1 1 /, 11 1 11 1 1 /1 Oil 'V /, 41 , _ , 1 1 / /1 ._ .71 \ -3 - I ) 1 T.O. Relaining Wall ~/ 1/ F V EL. 480430Â· /1 / 1 5 T.O. Re:aining Wall fyi, 1 I \<A : 1/ 1 , i / fEL +8042.DS A _ _ ~ bralÂ» < \ ' ' YEL 4 8038 373â€¢ ~ ~ \ 4, 84#/2 / 1 E E. 1 : f i '0'.0 - - --'411 . ill 1 \ 7-j LOT 8 FRONT RETAINING WALL & 4, \ 2 . $ f 61% 10 Harrison Striet 11 --- 1 1 1 11 1 i 0 f (201) UE-011/ F. {MIJul-.30 Te)crhone I9101 949-61 A 110' Belver'fe. Blvd-*202 Avon, Colorado 81620 V.v Gmde ../..... U, / , di < /1 . 2 4 r PI\\/ S EXISTING MUD WALL DATE JULY 14,2010 ~~ LOT 8 FRONT RETAINING WALL AND EXISTING MUD WALL-PLAN scAir 3 32-- 1Â·-0Â· D~Aâ€¢kNG A-103D -Â«11\\ 04% 1 @ .101~0~.0,â„¢.Ty. â„¢1- L-g Plant Legend 2,12 ~ Proposed Aspen Tree 212 4 - Pmposed Sodktrar 1 0 i'Â·,rd I.- i C 74*Y - Proposed Native Grass Areas .< 2-1 /~11~MiNA 1 - 1 jill 49>-u.-0 3 A ..94 * : 1 42, 1 i "i0 30'f>4* 1 / 4 - . R 1 L.2 ; % 1 T 41* ..% I. - , 9 6- 8 Plant List 4.. 77 030 . - 5 jil 9- 4,1. I 1......... 1 ./ 1Â°- 1 - 4/ ari 1Â»te 4 fI * Mo 11 .r I ... 1 L' G.'E.. .< W 1 ... 1 ... 1 1 1 1 (ff 1 ... 1 1 1 ... 1 1 =1 1 112 4.1 1.4 \4 E 111 . 114:.1 1 " 4 - --2 1 l ...:i u 3 81 4 *Zt. 7Â·90 ., Pitkin County Approved Native Seed MiI l+ The following seed mx is approved by Pitkin County. Where pomble, existing shrubs will be saved and Â·" ' r , Â· I minsplanted back within disturbed areas. Â· 1 .p 2 ./ 18 lbs/acre PLS irrigated 30-40 lbs/acre PLS non-irrigated â€¢ ti .4 - C--- N= 1 22"h L./N-I . ..E Â· .'I L L LIC . 1. 1 , 4 1-411 n-t â€¢- 1-' ED--0.--I .% 0 4 41= ....4 3. 2 6/ .% I *30 . 20 X , 4 " 8- (*I,lah.FIC. ; >* I , lit -' A %+4 Gr,- N-0... 'lid..' A~Ar.Â»4/*-b I H. - L..1, 1 ..: i. I - 14 -4 I A bledÂ®gradable er-ion control mit/neÂ¢tki te act u both mich amd 4 -t" I. 4- erosion control,hall be ated on all dope, 2:1 or Keeper. r:t. 7 Planting& General Notes J $ ' A J " 91- L - .1 ... .-. . . . " @1 0 I . Top Of MIll 1 Exiiili lil* -De* p,/* tipid lim.d upti De- *irt=y wit Ima 4 v Lot 8 X 3. Ce=r-1 *1 rep- al 4 - =liting c.14-6 .4 $ 4 4, ................. Â·L ic,4 .. --0 -1 - -reth= 14" h= o.t~.4. d put m.*"*'1 bdiling Dirt P.th Â£ A. . I- Tmi E-.- Planting Plan . - ~Â· 4.1-nk'b=n.~~.~,570#Unâ€¢ha.a *P.ed N-el Gr- of Aip- Tr- . W.-".0.I- 0 - 1 1. 1 h ~ Ill 1 i . . a .*nl- 11 -2 Â· SC,le: -1/ Â· -Â· -.- -.-. .-. .. . . .. .. Adjacent Residence 11.All - ~.' Â· . ti ~ Â·* . E,dle Aipeâ€¢ pl- 1 by ..Ighbor ItvT),Cal) - j Â«34 1 1 1 Â¢ Revegetation and Erosion Control Notes -. C y Â·1 2.E ... 3. I I â€¢ 6 I- . .. . .. 11.- ... 1 ... .... 4 - 1 10 - . I 8/...#0 L-1.1 CITY OF AsPEN COMMUNITY DEVELOPMENT DEPARTMENT GENERAL LAND USE APPLICATION PACKET THE CITY oF ASPEN Attached is an Application for review of Development that requires Land Use Review pursuant to the City of Aspen Land Use Code. Included in this package are the following attachments: 1. Development Application Fee Policy, Fee Schedule and Agreement for Payment Form 2. Land Use Application Form 3. Dimensional Requirements Form 4. Matrix of Land Use Application Requirements/Submittal Requirements Key 5. General Summary of Your Application Process 6. Public Hearing Notice Requirements 7. Affidavit ofNotice All applications are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 ofthe Aspen Municipal Code is available at the City Clerk's Office on the second floor of City Hall and on the internet at www.aspenpitkin.com, City Departments, City Clerk, Municipal Code, and search Title 26. We strongly encourage all applicants to hold a pre-application conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, insufficiencies, or redundancies can reduce the overall cost of materials and Staff time. Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case or consult the applicable sections of the Aspen Land Use Regulations. ATTACHMENT 1 CITY OF ASPEN DEVELOPMENT APPLICATION FEE POLICY The City of Aspen, pursuant to Ordinance 52 (Series of 2007), has established a fee structure for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. Referral fees for other City departments reviewing the application will also be collected when necessary. One check including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required application fee. A flat fee is collected by Community Development for Administrative Approvals which normally take a minimal and predictable amount of staff time to process. The fee is not refundable. A deposit is collected by Community Development when more extensive staff review is required, as hours are likely to vary substantially from one application to another. Actual staff time spent will be charged against the deposit. Several different staff members may charge their time spent on the case in addition to the case planner. Staff time is logged to the case and staff can provide a summary report of hours spent at the applicant's request. After the deposit has been expended, the applicant will be billed monthly based on actual staff hours. Applicants may accrue and be billed additional expenses for a planner's time spent on the case following any hearing or approvals, up until the applicant applies for a building permit. Current billings must be paid within 30 days or processing of the application will be suspended. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. In no case will Building Permits be issued until all costs associated with case processing have been paid. When the case planner determines that the case is completed (whether approved or not approved), the case is considered closed and any remaining balance from the deposit will be refunded to the applicant. Applications which require a deposit must include an Agreement for Payment of Development Application Fees. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application and fee in order for a land use case to be opened. The current complete fee schedule for land use applications is listed on the next page. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Pavment of Citv of Asven Development Application Fees VA Â·e r r-\ Â£2-, CITY OF ASPEN (hereinafter CITY) and , Â« Y . s y ~ - L.Â· LE-, (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an applicadon for 26,10 4.â€¢2*li"e Â£54 (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#76Â· ao which is for 544 6 hoursof Community Development staff time, andifactual recorded costs exceed the initial deposit, A~PLICANT 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 $245.00 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 ofprocessing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT (Ld 5 46 6 By: By: 1 Jâ‚¬4â€¢~ d' tu)91 *4 g./ Chris Bendon 9- 1&16 Community Development Director Date: Billing Address and Telephone Number: r-d'a . 310 0 -~kil.h..U-/'AL,&2124 1 - ATTACHMENT 2 -LAND USE APPLICATION PROJECT: Name: 1~AFCEL 6 1 -TOF, OF MILLÂ· /01 4 U 8 , 5411-,1, ZT, Location: TAWL.EL 6 , TDF 01: M\Ul-, Aff'EN. Co (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 2 7- 5 7 1 9202 1- oe APPLICANT: Name: *FAKCEL /35 l,, LL Address: Â¢P MANAAN.RENT LW, ,/(4 PUNATDN AVE ~AN FE*Ky-19Â·.CA,rA. Phone#: 21'pÂ·. 441 2-9 Tk ON E t -4~| 6, -7 9 4 0 '7,1 1 6, REPRESENTATIVE: Name: SAUR MECe> ARCH \TZESS )N 6 Address: 8440 419, C / /16Â·.râ‚¬N , /0 J 9.,\l, l\ Phone #: 170,429 , 1251,47 TYPE OF APPLICATION: (please check all that apply): GMQS Exemption U Conceptual PUD U Temporary Use GMQS Allotment D Final PUD (& PUD Amendment) U Text/Map Amendment Special Review U Subdivision C] Conceptual SPA ESA - 8040 Greenline, Stream U Subdivision Exemption (includes U Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane U Commercial Design Review U Lot Split U Small Lodge Conversion/ Expansion ~1 Residential Design Variance U Lot Line Adjustment El Other: U Conditional Use EXISTING CONDITIONS: (description ofexisting buildings, uses, previous approvals, etc.) Er113Â»r-N LoT PROPOSAL: (description of proposed buildings, uses, modifications, etc.) LAK\135 4 NEED 1-OT Have you attached the following? FEES DUE: $ Â£ Pre-Application Conference Summary U Attachment #1, Signed Fee Agreement U Response to Attachment #3, Dimensional Requirements Form El Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards E 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. mum El 41 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: PARE ElÂ· A ) Te.zr CF- t.1 ti, D Applicant: rFAFY f L. 26 0 L,L.C. Location: 0144 53, h.11 9.le cl Zone District: 2 I LOUDE Lot Size: /01 f 0 4/4 oF Lot Area: 14 /4 (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: Existing: 0 Proposed: Number of residential units: Existing: 0 Proposed: Number of bedrooms: Existing: O Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: 'A /A Allowable: NO Câ„¢416Â£Proposed: A Ill Principal bldg. height: Existing: 4,/A. AllowableNO 04Â·416â‚¬Proposed. N 4 Access. bldg. height: Existing: 14 / A Allowable* CHU)(Â£ Proposed: M /4 On-Site parking: Existing: Mjk Required: Â¥40 /+IANE Proposed: 141 ~ :4 % Site coverage: Existing: M /A Required: Mt AlÂ»16(2 Proposed: N ) A Â°/0 Open Space: Existing: 'A l A Required: No 89441* Proposed: N )4 Front Setback: Existing: Required: Proposed: RD CHAABE Rear Setback: Existing: Required: Proposed: NO 00+1 b â‚¬ Combined F/R: Existing: Required: Proposed: 14 0 01 A NeE Side Setback: Existing: Required: Proposed: NO CHAK>66- Side Setback: Existing: Required: Proposed: KI D C '4Â»1 bE Combined Sides: Existing: Required: Proposed: KIC> g.ti N*t Distance Between Existing Required: Proposed: Mt (+14440â‚¬ Buildings Existing non-conformities or encroachments: N /A Variations requested: hi /X- 000 ATTACHMENT 4- MATRIX OF LAND USE APPLICATION REQUIREMENTS For application requirements, refer to the numbers in the in second column. These numbers correspond to the key on page 9. For multiple reviews, do not duplicate information. All application materials must be complete and submitted in collated packets. All drawings must include an accurate graphic scale 'rype of Review App. Submission Requirements Process Type (See Process Number of Required Submittal (See key on page 9.) Description in Att.5) Packets 8040 GREENLINE REVIEW 1-7, 8-10,35 P& Z 10 8040 GREENLINE EXEMPTION 1-7, 8-10,35 ADMINISTRATIVE REVIEW 2 STREAM MARGIN REVIEW 1-7,8,10,11,12,35 P & Z OR ADMINISTRATIVE (Based 2 for 0 Admin., 10 for P &Z on Location) STREAM MARGIN EXEMPTION 1-7,8,10,11,12,35 ADMINISTRATIVE REVIEW 2 HALLAM LAKE BLUFF REVIEW 1-7, 13, 14, 35 P& Z 10 MOUNTAIN VIEW PLANE 1-7,15,16,35 P& Z 10 CONDITIONAL USE 1-7,9,17 P& Z 10 SPECIAL REVIEW* 1-7, Additional Submission Reg. depend P& Z 10 on nature of the Special Review Request. SUBDIVISION 1-7,18,19,20,21,35 P & 7, AND CITY COUNCIL 20 EXEMPT SUBDIVISION 1-7, 18, 19,20,21, 35 CITY COUNCIL 10 LOT LINE ADJUSTMENT 1-7, 22 ADMINISTRATIVE REVIEW 2 LOT SPLIT 1-7,22 CITY COUNCIL 10 CODE AMENDMENT 1-4,7, 23 P & 7, AND CITY COUNCIL 20 WIRELESS TELECOM. 1-7,16,24,25,26,27,35 ADMIN. OR P&Z 2 for Admin., 10 for P&Z SATELNE DISH OVER 24"IN 1-7 ADMIN. OR P&Z 2 for Admin., 10 for P&Z DIAMETER RES. DESIGN STANDARDS 1-7,9,28,29,30 P&ZORDRAC 10 VARIANCE GMQS EXEMPTION* 1-7, Additional Submission Reg. depend ADMIN., OR P & Z, AND/OR CC 2 for Admin., 10 for P & Z, 20 for P on nature of the Exemption Request. (BASED ON EXEMPTION TYPE) & Z and CC CONDOMINIUMIZATION 1,31 ADMINISTRATIVE 2 PUD 1-7,32,33,35 CONCEPTUAL -P & A AND CC 20 for P&Z and CC (Submit FINAL -P&4 AND CC Separately for Final PUD Review) LODGE PRESERVATION PUD 1-7,35 P& Z, AND CC 20 PUD AMENDMENT 1-7 ADMIN., ORP & Z, AND/OR CC 2 for Admin., 10 for P & Z, 20 for P (BASED ON AMENDMENT TYPE) & Z and CC SPECIALLY PLANNED AREA 1-7,35 CONCEPTUAL-P & Z, AND CC 20 for P&Z and CC (Submit (SPA) FINAL- P & 7, AND CC Separately for Final SPA) AMENDMENT TO SPA 1-7 ADMIN., OR P&Z AND CC 2 for Admin., 20 for P&Z and CC (BASED ON SIGNIFICANCE OF AMENDMENT) TEMPORARY USE 1-7 ADMIN. OR CC (BASED ON 2 for Admin., 10 for City Council DURATION TIME) ACCESSORY DWELLING UNIT 1-7,9 ADMIN OR P &*BASED ON IF 2 for Administrative Review THE PROPOSAL MEETS REVIEW STANDARDS) REZONING 1-7 P& Z AND CC 20 DIMENSIONAL REQUIREMENTS 1-7,34 BOARD OF ADJUSTMENT 9 VARIANCE * Consult with a Planner about submittal requirements. ** A pre-application conference with a Planner should be conducted prior to submitting any land use application. Please call 920-5090 to schedule a pre-application conference. ATTACHMENT 4-CONT'D- SUBMITTAL KEY 1. Land Use AppUcation with 12. Accurate elevations (in relation to system in the area of the proposed Applicant's name, address and telephone mean sea level) of the lowest floor, subdivision. The contents of the plat shall number, contained within a letter signed including basement, of all new or be of sufficient detail to determine by the applicant stating the name, address, substantially improved structures; a whether the proposed subdivision will and telephone number of the verification and recordation o f the actual meet the design standards pursuant to representative authorized to act on behalf elevation in relation to mean sea level to Land Use Code Section 26.480.060(3).20. of the applicant. which any structure is constructed; a Subdivision GIS Data. demonstration that all new construction or 2. The street address and legal substantial improvements will be 21. A landscape plan showing location, description of the parcel on which anchored to prevent flotation, collapse or size, and type of proposed landscape development is proposed to occur. lateral movement of any structure to be features. constructed or improved; a demonstration 3. A disclosure of ownership of the that the structure will have the lowest 22. A subdivision plat which meets the parcel on which development is proposed floor, including basement, elevated to at terms of this chapter, and conforms to the to occur, consisting of a current certificate least two (2) feet above the base flood requirements of this title indicating that no from a title insurance company, or elevation, all as certified by a registered further subdivision may be granted for attorney licensed to practice in the State of professional engineer or architect. these lots nor will additional units be built Colorado, listing the names of all owners without receipt of applicable approvals of the property, and all mortgages, 13. A landscape plan that includes pursuant to this chapter and growth judgments, liens, easements, contracts and native vegetative screening of no less than management allocation pursuant to agreements affecting the parcel, and fi fty (50) percent o f the development as Chapter 26.470. demonstrating the owner's right to apply viewed from the rear (slope) of the parcel. for the Development Application. All vegetative screening shall be 23. The precise wording of any maintained in perpetuity and shall be proposed amendment. 4. An 8 1/2" x ll" vicinity map locating replaced with the same or comparable the subject parcel within the City of material should it die. 24. Site Plan or plans drawn to a scale of Aspen. one (1") inch equals ten (10') feet or one 14. Site sections drawn by a registered (1") inch equals twenty (20') feet, 5. A site improvement survey including architect, landscape architect, or including before and "after" photographs topography and vegetation showing the engineer shall be submitted showing all (simulations) specifying the location of current status of the parcel certified by a existing and proposed site elements, the antennas, support structures, transmission registered land stirveyor, licensed in the top of slope, and pertinent elevations buildings and/or other accessory uses, State of Colorado. (This requirement, or above sea level. access, parking, fences, signs, lighting, any part thereof, may be waived by the landscaped areas and all adjacent land Community Development Department if 15. Proposed elevations of the uses within one-hundred fi fty (150') feet. the project is determined not to warrant a development, including any rooftop Such plans and drawings should survey document.) equipment and how it will be screened. demonstrate compliance with the Review Standards o f this Section. 6. A site plan depicting the proposed 16. Proposed elevations of the layout and the project's physical development, including any rooftop 25. FAA and FCC Coordination. relationship to the land and it's equipment and how it will be screened. Statements regarding the regulations of surroundings. the Federal Aviation Administration 17. A sketch plan of the site showing (FAA) and the Federal Communications 7. A written description of the existing and proposed featitres which are Commission (FCC). proposal and a written explanation of relevant to the review. how a proposed development complies 26. Structural Integrity Report from a with the review standards relevant to the 18. One (1) inch equals four hundred professional engineer licensed in the development application. (400) feet scale city map showing the State of Colorado. location of the proposed subdivision, all 8. Plan with Existing and proposed adjacent lands owned by or under option 27. Evidence that an effort was made to grades at two-foot contours, with five-foot to the applicant, commonly known locate on an existing wireless intervals for grades over ten (10) percent. landmarks, and the zone district in which telecommunication services facility the proposed subdivision and adjacent site including coverage/ interference 9. Proposed elevations of the development properties are located. analysis and capacity analysis and a brief statement as to other reasons for 10. A description of proposed 19. Aplat which reflects the layout of success or no success. construction techniques to be used. the lots, blocks and structures in the proposed subdivision. The plat shall 28. Neighborhood block plan at 11. A Plan with the 100-year floodplain be drawn at a scale of one (1) equals one 1"=50' (available from City Engineering line and the high water line. hundred (100) feet or larger. Architectural Department) Graphically show the front scales are not acceptable. Sheet size shall portions of all existing buildings on both be twenty-four (24) inches by thirty-six sides of the block and their setback from (36) inches. If it is necessary to place the the street in feet. Identify parking and plat on more than a one (1) sheet, an index front entry for each building and locate shall be included on the first sheet. A any accessory dwelling units along the vicinity map shall also appear on the first alley. (Continued on next page.) sheet showing the subdivision as it relates to the rest of the city and the street Indicate whether any portions of the 35. Exterior Lighting Plan. Show the houses immediately adjacent to the location, height, type and luminous subject parcel are one story (only one intensity of each above grade fixture. living level). Estimate the site illumination as measured in foot candles and include minimum, 29. Roof Plan. maximum, and average illumination. Additionally, provide comparable 30. Photographic panorama. Show examples already in the community that elevations of all buildings on both sides of demonstrate technique, specification, and/ the block, including present condition of or light level if they exist. the subject property. Label photos and mount on a presentation board 31. A condominium subdivision exemption plat drawn with permanent ink on reproducible mylar. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches with an Linencumbered margin of one and one-half (11/2) inches on the left hand side o f the sheet and a one-half (1/2) inch margin around the other three (3) sides of the sheet pursuant to Land Use Code Section 26.480.090. 32. A description and site plan of the proposed development including a statement of the objectives to be achieved by the PUD and a description of the proposed land uses, densities, natural features, traffic and pedestrian circulation, off-street parking, open space areas, infrastructure improvements, and site drainage. 33. An architectural character plan generally indicating the use, massing, scale, and orientation of the proposed buildings. 34. A written description of the vanance being requested. ATTACHMENT 5 DEVELOPMENT REVIEW PROCEDURE 1. Attend pre-application conference. During this one-on-one meeting, staff will determine the review process which applies to your development proposal and will identify the materials necessary to review your application. 2. Submit Development Application. Based on your pre-application meeting, you should respond to the application package and submit the requested number of copies of the complete application and the appropriate processing fee to the Community Development Department. 3. Determination of Completeness. Within five working days of the date of your submission, staff will review the application, and will notify you in writing whether the application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. 4. Staff Review of Development Application. Once your application is determined to be complete, it will be reviewed by the staff for compliance with the applicable standards of the Code. During the staff review stage, the application will be referred to other agencies for comments. The Planner assigned to your case or the agency may contact you if additional information is needed or if problems are identified. A memo will be written by the staff member for signature by the Community Development Director. The memo will explain whether your application complies with the Code and will list any conditions which should apply if the application is to be approved. Final approval of any Development Application which amends a recorded document, such as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has determined that your application is eligible for the requested amendment or exemption. 5. Board Review o f Application. I f a public hearing is required for the land use action that you are requesting, then the Planning Staff will schedule a hearing date for the application upon determination that the Application is complete. The hearing(s) will be scheduled before the appropriate reviewing board(s). The Applicant will be required to mail notice (one copy provided by the Community Development Department) to property owners within 300 feet of the subject property and post notice (sign available at the Community Development Department) of the public hearing on the site at least fifteen (15) days prior to the hearing date (please see Attachment 6 for instructions). The Planning Staff will publish notice of the hearing in the paper for land use requests that require publication. The Planning Staff will then formulate a recommendation on the land use request and draft a memo to the reviewing board(s). Staff will supply the Applicant with a copy of the Planning Staffs memo approximately 5 days prior to the hearing. The public hearing(s) will take place before the appropriate review boards. Public Hearings include a presentation by the Planning Staff, a presentation by the Applicant (optional), consideration of public comment, and the reviewing board's questions and decision. 6. Issuance of Development Order. If the land use review is approved, then the Planning Staff will issue a Development Order which allows the Applicant to proceed into Building Permit Application. 7. Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may proceed to building permit review. During this time, your project will be examined for its compliance with the Uniform Building Code. It will also be checked for compliance with applicable provisions of the Land Use Regulations which were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks, parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected if due. Any document required to be recorded, such as a plat, deed restriction or agreement, will need to be reviewed and recorded before a Building Permit is submitted. ATTACHMENT 6 PUBLIC HEARING NOTICING REQUIREMENTS Three forms of notice are required by the Aspen Land Use Regulations: publication in the newspaper, posting ofthe property, and mailing to surrounding landowners. Following is a summary of the notice requirements, including identification of who is responsible for completing the notice. 1. Publication - Publication of notice in a paper of general circulation in the City of Aspen is to be done at least fifteen (15) days prior to the hearing. The legal notice will be written by the Cornmunity Development Department and we will place the notice in the paper within the appropriate deadline. 2. Posting - Posting of a sign in a conspicuous place on the property is to be done fifteen (15) days prior to the hearing. It is the applicant's responsibility to obtain a copy of the sign from the Community Development Department, to fill it in correctly and to bring proof to the hearing that posting took place (use attached affidavit). 3. Mailing - Mailing of notice is to be made to all owners of property within 300 feet of the subject development parcel by the applicant. It is the applicant's responsibility to obtain a copy of the notice from the Community Development Department, to mail it according to the following standards, and to bring proof to the hearing that the mailing took place (use attached affidavit). Notice to mineral Estate Owner. An Applicant for surface Development shall notify affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application for development. The applicant shall certify that the notice has been provided to the mineral estate owners. 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 public hearing. ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: , Aspen, CO SCHEDULED PUBLIC HEARING DATE: ,200 STATE OF COLORADO ) ) SS. County of Pitkin ) I, (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) ofthe Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 200 , to and including the date and time of the public hearing. A photograph Of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on 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. Signature The foregoing "Affidavit of Notice" was acknowledged before me this day of , 200_, by WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL Â® Ho{+ Aspen ; - =eker & ~ Ria G, aride P, 4 Co * 2 7 â„¢<7. 1 0- ; 14 9 Hopkins Ave c Co 1 N Cooper Ave Wheeler 03~ 2904 ~' ~ Abb**'s~ 1"/#**,4''Nt Limelte Opera Hcume ' 9mr,7'Â·~'*.: 9Â· + Lote i 4 .0 (iD Que.st Aspen â€¢ Snowmic.5 * 2 e 41*4 ~~3602[>Urant Ave r.*Pli N g" L Motrtain 1 St Re, . 11 k. chale[ As,pert 0 Juan N Re~ia@RE"Pub s-- E Cooper Ave ~ 20- Four Mountain Little Nel 1085 E Durant Ave I G -5 The Gar,1 .RCUW .-Il Â® 1- 404>44 0 3 - '4Â·. 2, 4, I r ~ 604.2 4 9 . 40,4 r~t?*~ ilÂ· ~ 0, 37. 94 li V ././-.0~â€¢ 0 ~ 'iL ' g d * r z.Â· 14 -4 4 1 - I 1,0-unâ€¢in'- . 11 1 I A ' 1 . 144%7.0 t, I . 42 9. ''.Eff Â· % 4 ./ ts.**:/ -'. / : / .'. he.'. PROJECT VACINITY MAP FOR: 946 South Mill Street Top of Mill, Parcel 8 WRITTEN DESCRIPTION OF PROPOSAL The proposed development is landscaping of the site including re-grading the site and the installation of a low wall. There are no proposed structures on the site. There is an existing detention wall that is being clad with stone veneer. The lot is currently vacant and not landscaped. It has been used for staging for the construction of Parcel 7. The Applicant, need only comply with review standards number 3 and 7 of the Regulation. The applicable review standards and the proposed developments are summarized below. 3. The proposed development does not have a significant adverse affect on the air quality in the City. All entities and subcontractors involved in the construction of the proposed landscaping will be required to strictly adhere to the Covenant's requirements for excavation and construction if excavation goes below the I.D. barrier. This includes: removal of contaminated soils, dust suppression, landscaping, soil testing and restoration following construction. The measures to be undertaken will comply with all applicable requirements of the City's Environmental Health Department. The proposed development will also be subject to the City's TDM/Air Quality impact fee. 7. Building height and bulk will be minimized and the structure will be designed to blend into the open character of the mountain. There is not a built structure as part of this proposal. The landscaping will be designed in a way to blend into the hillside. The low wall is going to be clad with the same stone as the adjacent home, the same as the wall on the adjacent lot, and is of mountain character. DESCRIPTION OF CONSTRUCTION TECHNIQUES The proposed development is landscaping of the site including re-grading the site and the installation of a low wall. There are no proposed structures on the site. There is an existing detention wall that is being clad with stone veneer. The lot is currently vacant and not landscaped. It has been used for staging for the construction of Parcel 7. The construction techniques shall comply with all applicable City of Aspen requirements and the Covenant's requirements. A MOUNTAIN LODGE ASPEN, COLORADO The Office of THIERRY W. DESPONT 1 0 Harrison Street New York. N.Y. 10013 Telephene (212) 334-9444 Telefax (212) 334-1847 Arch[ect of Rec=i: Galambos Architects Inc. 300 A.ABC Un,1 D A.Ica Colot.do Telephone (970) 42~-1286 Telefax (970) 429- 1296 Structural En:incer: -*- 1.01 n. .... /'.lue MEP Engineer Beaudin Ganze Cinâ€¢ulling Eng,rech. Inc. 110 E Beaver C=k Blvd- #202 Avon, Colorndo 81620 Telephone (9701 9494108 CivIl En,ineer Lorris and Associates, Inc. /-1-\ 1383 Trill Ridge Drrve Eai Lafayette, Colorado 80026 Telephonc (303) 444-2073 8/ NImmm/ , 6.11 I lili I lu--1 TO.G,ade EL. +80480' ~ TO. Sidn.lk ~ EL *8042.3' w 0- -1. 64 *Â·Â· 44* 44Â· .4 6 T.O Re#king Wall \ ./1 2.-1 -~~6 6:1 J/44' Â·~t'~(~*A T. O. Retaining Wall * EL. +8045.0' EL. +8042.125 TO. Retaining Wall A \1_ B.O Re.,ming Wall A. -*- EL +80320'Ftp f ~~3 LOTS FRONT RETAINING WALL AND EXISTING MUD WALL-ELEVATION LOT 8 FRONT RETAINING WALL & EXISTING MUD WALL 1. 1 A MOUNTAIN LODGE **1[ ASPEN, COLORADO The Otrice of THIERRY W. DESPONT 10 Harrison Street New York, N.Y. 10013 Telephone (212) 334-9444 Telefax (2 I 2) 334-1847 Arthirectof Recild: Galambos Architects Inc. 300 AABC Unil D AN,m, Co'rado Telephone (970) 429- 1286 Telefax (970) 429-1296 S....1 En,ince' Beaudin Ganze Cm#4 Enginen. inc 110 E Be,ver Creck Blvd. *202 Avon. Colorado 81620 Telephone (970) 9494108 4 Ridge * High Poin, MEP Eng,ncer Elev 24'-0" (7089.l'k (-1 Engineer Ridge@Low/'ui.i[[~ 1M-1- - Lorris and Associates, Inc. Elev 18'-0"08083 0') \1111111 ~111.11 V I ] 111111111-111-111:111-11 'L 1. - 2.'ltmt-F 31Un Lafayette, Colorado 80026 2583 Tral Ridge Dive East M5-J--3/1.-*'11 v- Telephone (303) 444-2073 1 ~ Main Level Fin. 1 44 Elev. 0'.0" C *8065 0') ./. . 11 \\\3 - Lot 8 Grade al Seelion Cut ~ Lot R Grade at Semon Cuz 4 -- R-W- Elev -170-O~f--804110') Elev. -17'-0- (+8048.05 4 TO R/aning Wall Elev. -20'-0' ( Â¥80450') :'U-+7 . * 4 , T.O Sidewalk Elev. -22'-6- (+8042.3') (11 LOTS FRONT RETAINING WALL AND EXISTING MUD WALL-SECTION ~4-/03~ 3132"=1'-0" LOT 8 FRONT RETAINING WALL & EXISTING MUD WALL-SECTION noâ€¢ 17-0- 18 -0- 6-1 1/4- A MOUNTAIN V LODGE 34'-J- KLF. 3.04 9'-7 I/2. 14'-101/7 1 14Â·Â·101/2â€¢ 14Â·-19 1/2- 1 Stone Watt 98' V IF i:[ 5 0, ' ' -4kl T i'F--1 - ASPEN, COLORADO Stone Wail -1 The Office of 7/8' V.1.F. 1 --r-3.(Jog THIERRY W. DESPONT - 11 41 k T 10 Harrison Street 1 3/8"V IF. New Yort. NY. 10013 Z Telephone (212)33+9444 3 Telefax (212) 334-1847 -cr- 3 000 --U --. Galambos Architects Inc. Architect of Reivid: 300 AABC Uni, D I A~pca. Color,Â£k, m Telephone (970) 429Â·1286 3 Telefax (970)429-1296 Sm,ctunt Engineer'. ~--~~~jf p i_f - ........'.I E*----2=. I MEI UNine- Beaudin Ganze Con:ul,ing Ensincea In.c 110 E. Benc, Creek Btvd. *202 Avon, Colorado 81620 Telephone (970) 949-6108 Civil Engineer Lorris and Associates, Inc. 2383 Trail Ridge Drive Ew Lafayette. Colorado 80026 /3-\\\ LOT 8 EXISTING MUD WALL- ELEVATION Telephone (303) 444-2073 ~4-/03* 1/2"=1'-0" 2%2Â» r â‚¬4= 72 4 - $39;9932 -d Ng 2 Â·Â·Â· 121 r-- Grade @ Ski Slope --1 1--Grade * Lot g .. 4- Note: CMU or Ledger Angle â€¢ Shoutd A[wavs & Hor,zon/ & Sla,r Step 9/ Grlde Staying 6- Min. Below Grade @ AU - Times. Uphill SideofMudwill: . Refcr to Stone Veneer Lme St:bedule H S-502 Type A CML-Orout Filled - LOT 8 EXISTING MUD WALL- ELEVATION AND SECTION Fleigh l'anes # , 1 t # , 1 i 1 Plant Legend 1 , # 1 IIi: * I e 1 -.2 1' if /,< 1 1 Proposed Aspen Tree , , , , , , 1 1 ~ 5066 Proposed Sod Areas , i Proposed Native G,Â·ass Areas / .'-k 6 5'' ./ .: '// 't' /: : / sob NA G- / 1 1 . 1 2 1 1II 0 / / / a \ 2 /:....:./. ./://:: / / 0.8 . 4 /// 4>355-iri; 1I 1 / h...-4- - ..2 // 0 â€¢b Mant List - . I. ' 1 - iii l:l; =LL=.01C.-- 2.- 1 /---/-- 2.-~ 1-1 I.-Ill - 0 % / 0 , 1 % , 16, % - ho"m }111:' / /1 \ 1 â€¢ i . ... - i 01 . ... ... 01% - / \ / 2 / //// /4/ ... ... 1 // p;op.ed Nallva Graa ,/ / e - 1 ./---- E-/ III // / / Proposed Aspon T.. 1 / 1 / 3 / //\ e 1 Â· 1 \ 805 1// / , // 1 382 \ 1 1 1 1 1 â€¢ 1 11 111 4 . 1// ,/ Pitkin County Approved Native Seed Mix 1 , 1 , / . Nl 1/ / 1 1 1 he following seed mix is approved by Pitkin County Where possible, existing shrubs will be saved and ~ 'j ' / 805 / / ansplanted back within disturbed areas. i 4 1 \ 1 1, ///lit $. , I t , , lilli 8 lbs/acre PLS irrigated 30-40 lbs/acre PLS non-imgated '005 / / / / 11 1 , Yard Area / / , lommol Nimi Latin Name Pm-* 'di / EL +3046.50; 1 1 1 / I 1/1 / \/\ 1 auder Wheat 'm La' 30% 4-66 P--- , , I / 1 1 1 40-hin Bm- â€¢garnet' h=M#* 30% n i / i Neâ€¢tâ€¢ImÂ¥;heatpin,â€¢inmt 01 'mancli/' P.,4/3/- 4,4,ve.-03WAW 15% / / / / i / Arimma Or Idaho F-- A-=,Ue,N- 0, F Ihka* 15% / ire- Needligr-1 ~loder=' N-'.11' f.r Sti.) Vt,i.1.1. 10% / 0.9 805 // 1 ,"/ ' 1 1 11 1 t ud leeding or hydro-ding b acceptable, appropriatÂ® milch to be ued wtth either. /' 1-2.-- :.:9.-6 '4.- , 1 1 4 : 1 27-1 0 Â£ 1\1;, * 1 il/ / pproved mukke,: lay, hydrom,]ch, or bomded Bber mattix , h 11 Â·- Â· 13Â·93 ~, f / I / I / 1 1 "Oso , , 1 1 \ - tackiner, or *milar appr,ved product, mist be appled H all =dch at M i-=-=iff----) * bE ' te rite of 150 11/ per acre to prevent wind from blowing:traw ofT the re-vegetated :real , , Â¢ 1 4 ./ / / t91 3.- 1'. . , 1 I , 1 biodegradable erosion control mat/netting to act as both mulch and . 417 ' ' , , rosion control shall be used on all slopes 2:1 or steeper. U / I / / % --493> / / 804 / / / / @ I . , 1 1 1 0 // // // / . /. /, / I *# 1,1 1 | % .~3- A:13--ti-iÂ·:j-Â«1~. ;.Â·>37:iLTI , , 1 1 1 ' 'lanting & General Notes , I , 1 \ , 1, \ ~4,43-4.iyezE:6*52%Â·w. 347 f Â·~ 8046 l * Coitractor to veriD / 0 excavation. I' - ~' '~- - -Â·' ,;hether / 0 I \ / Top Of Mill .hown on the plano or /4 h //---- -/ 2 5. ./ / / /1 804 T.O. Retalning Wall Lot 8 Examtme Bahhiurface, grad-,topa qu~14 and depti De=Â¢111* aiy workuntil EL +8045.00' / .---factory coadkions have been corrected. Verify limit, of work before *415 1.: /1 Co,tractor to repatral damages to existiq coaditiom& . /\ 1 11 Sod An.' ' \5042.500 + / 1 / Bedlineto be 001- thai 18" and no more tham 24" from oiter ed:eifplant iukrial . O i , ./ 3 f f fj ~ l ~ ~ propoudNdy,dGw-dkpenlr- 1 1 .1 1 1 Exiding Dirt Poll brac- 1 1 Trail Ea-ment Planting Plan f/ 0 / - I Â· Â· Â· Â· Â· Â· ~: Spdmen Bristl,con, Mne â‚¬ 73' ra// {inslalled} . r O D.D-- <1 f\g or d*reision + m c......on - In Ireal d,4,-d "ann-li",1,1,dicape contracter to prepare-il wilk mini-- S" deep ~ Native Grau// Date:J--0 f ' '-" deep buk mulch for sublequeat planling by owner. ~ ~ ~ 82010: 1'=1/ Drawn By: 1. I. The contractor I R.vt-d: 0,/27'10 1 shall be reil,onible for himbid qu;atitte, = req*4by plan and pecincatto- ~~ * ~ Adjacent Residence I . . . ... I. I # . I .- . I. I . ... -. â€¢Vite=, whick -, be re=oved iner 3 yean. / I I ' I 11 1 treel, 11*16 the liBdicape architect t, adjut tree - \ 1 2 ; if; I # 2 1% levegetation and Erosion Control Notes (C-, t Wall Aps down wilh grade 2 A Ilf~t,tion. mo det,kie,W hpad or f uy die~ pon/4 J *dL ~ 4 con,triction equipment trsh), 100:hant belcariaÂ®i before thÂ® application of wed. P. . '902 tpoe OSSV NVIZO},I DIED 0/02 PE08 1 - A MOUNTAIN LODGE --111:1[ ASPEN, COLORADO 12*Â« . The Office of /1,~ .O , *Â· Â· THIERRY W. DESPONT * " . Â· ~Â· 10 Harrison Street t '- New York, N.Y . lot)13 , p Telephone (212)334-9444 .1 Telefax (212) 334-1847 U.. 1. 3, - 1-12 Â· i. Â·Â· Â·,Â·.~ 4~ 1- tY , I 4 9., 9.- A - p'fg/"0/58: aliK- Â¢ N.7.*19~ 0- r 1 Â·1*-~.1 ~ 2,1 h,- < Arch,rectof Record: 5 - :-1 -9-â‚¬3- 4.1,. 1.- * 3 4< - Galambos Architects Inc. , 1- r N, N.""4.WOEX.1 -D- - te.kn ..- A- 300 UBC UniI D Aipen Colondo ... .~ 1, iÂ¥ WA/v t:.4 ,~2 Telephone (970)429-1286 W'11 Â· i + :, . ..YÂ·JrÂ¢74:19.27'*tZMÂ»* Telefax (970) 429-1296 Alifil.ZIEJJ./.94: te<./rp1W -119./p"Dia://t#flj th : 1 61 '. 94'E' ,( 11 *F.. 1,4,~ Sm=unl Engineer. N. I , I Z # 1 - 4. j dâ‚¬ f '. :-f'--I... 4Â· 0-- - MEPEn,incer Beaudin Ganze CÂ®uldng Ens-n. I. 110 E. Ben Creek Blvd. â€¢202 Avon. Colorado 11 1 620 Telephone (970} 94,6108 C],41 Engine= Lorris and Associates, Inc. 1383 Trail Rldge D,nÂ·c Eai Lafayette. Colorado 80026 Telephone t]03) 444-2073 I C.. R., cit'~A~li# t.gÂ·.,4 -2 14.. ~ :y~~i~~tÂ·~1;4~ : .--neg,imivs . 7//PE:.I- e- *: *e= ry:Â·14 ! .'013'.1,23:Lt'.4: .Â·.lk 1-34 . 1.014'L.:i~it; ' 2,2 8*4' '1 .....",19~ 'Â·1 - 7 - Â· Â· - 49,....~~. -4.1 .U. '*41*~ / i 41,44-6 . -I...I----laTTFWI: *-Il--1- -L-- ----..--.-.- <....---*.v-- -- LOT 8 EXISTING MUD WALL- PHOTOS OF SIMILAR LOT 7 WALL Ill lilli i #lilill lilli lilli ill lili 04/19/2002 11:466 466392 Page: 1 of 7 SILVIA DAIS PITKI'. COU,-TY CJ R 35.00 D 0.00 ORDINANCE No. 7 SERIES OF 2002 AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE FINAL PLANNED UNIT DEVELOPMENT APPLICATION INCLUDING SUBDIVISION, CONDOMINIUMIZATION, MOUNTAIN VIEW PLANE, SPECIAL REVIEW, GROWTH MANAGEMENT QUOTA EXEMPTIONS (GMQS), 8040 GREENLINE REVIEW, AND REZONING FOR THE TOP OF MILL SITE TO LODGE / TOURIST RESIDENTIAL PUD AND CONSERVATION, LOT 3 OF THE ASPEN MOUNTAIN SUBDIVISION / PUD, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO PARCEL NO. 2737-182-85-003 WHEREAS, the Community Development Department received an application from Top of Mill Investors, LLC 0/0 Four Peaks Development, LLC (Applicant). represented by Vann Associates, requesting Final Planned Unit Development (PUD) approval for Lot 3 of the Aspen Mountain Subdivision / PUD (hereinafter "AMPUD"); and WHEREAS, Top of Mill Investors, LLC c/o Four Peaks Development, LLC requested specific land use approvals as part of the Final PUD including Final PUD Development Plan, Subdivision, Condominiumization, Mountain View Plane, Special Review, GMQS Exemption, 8040 Greenline Review, and Rezoning; and WHEREAS, Savanah Limited Partnership, owner at the time of Lot 3 of AMPUD, received Conceptual PUD approval from City Council for AMPUD on December 6,1999 which is memorialized through Resolution No. 93, Series of 1999; and WHEREAS, Top of Mill Investors, LLC, received an Amended Conceptual Approval from City Council for Lot 3 AMPUD on May 29, 2001 which is memorialized through Resolution No. 50, Series 2001; and WHEREAS, the Housing Office, the City Zoning Officer, the City Engineer, the Parks Department, Aspen Consolidated Sanitation District, the Environmental Health Department, the City Fire Department, the City Streets Department, the City Parking Department, the City Water Department. and the City Electric Department reviewed the development proposal for Lot 3 and provided written referral comments as a result of the Development Review Committee meeting; and WHEREAS, the Applicant appropriately applied for specific land use approvals pursuant to the June 1996 reprint of Title 26, Land Use Regulations, of the 1995 Aspen Municipal Code for the Final PUD for Lot 3 AMPUD including Final PUD Development Plan, Subdivision, Condominiumization, Mountain View Plane, Special Review, Growth Management Quota Exemptions, 8040 Greenline Review, and Rezoning; and ~ 7 1 1 li Il il m rl F I I li IHIl Ilill 1 1 Ill 466392 Page: 2 of 7 04/19/2002 11:46Â£ SILVIA C..US PIECIN LJUBTf CJ R 35.00 D 0.00 WHEREAS, pursuant to Section 26.304.060 of the Land Use Code, and in consultation with the applicant, the Community Development Director has permitted a modification in review procedures to combine the Final PUD Development Plan. Subdivision, Condominiumization, Mountain View Plane. Special Review, GMQS Exemption, 8040 Greenline Review, and Rezoning review for the purposes of ensuring economy of time and clarity; and WHEREAS, such review procedure modification has not lessened any public hearing noticing or any scrutiny of the project as would otherwise be required: and, WHEREAS, upon review of the application. referral comments, and the applicable Land Use Code standards, the Community Development Director recommended approval of the Final Aspen Mountain PUD land use requests for Lot 3 with conditions; and WHEREAS, the Planning and Zoning Commission forwarded a recommendation of approval to the City Council, by a vote of four to one (4 - 1), Final PUD Development Plan. Subdivision, Condominiumization, Mountain View Plane, Special Review, GMQS Exemption, 8040 Creenline Review, and Rezoning for Lot 3 AMPUD; and WHEREAS, this ordinance, as adopted, incorporates all the relevant and applicable conditions of approval formerly contained in Resolution No. 93, Series of 1999 granting Conceptual PUD Approval to Lot 3 AMPUD by City Council and Resolution No. 50 Series of 2001 granting Amended Conceptual PUD Approval to Lot 3 AMPUD by City Council hereby allowing this ordinance to supersede those resolutions regarding the conditions of approval as stated herein; and WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the applicable Municipal Codes as identified herein, has reviewed and considered the recommendation of the Community Development Director, the Planning and Zoning Commission, the Aspen / Pitkin County Housing Authority, the applicable referral agencies, and has taken and considered public comment at a public hearing; and WHEREAS, the City of Aspen City Council finds that the development proposal meets or exceeds all 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 of Aspen City Council hereby approves, by a vote of five to zero (5 - 0), a Final PUD Development Plan, Subdivision, Condominiumization, Mountain View Plane, Special Review, GMQS Exemption, 8040 Greenline Review, and Rezoning for Lot 3 AMPUD; and WHEREAS, the City of Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIL AS FOLLOWS: 04/19/2002 11:46Â£ 1 466392 Page: 3 of 7 SILVIA [ VIS PIr'-I COUATY CO R 35.00 0 0.00 77% Section 1 , Pursuant to this Ordinance and consistent with condition no. 3, of Resolution No. 93, Series of 1999, the City Council approves the allowable FAR for each Lot 3 parcel and allocated as shown in the matrix below. Parcel 1 27,000 square feet of FAR Parcel 2 8,000 square feet of FAR Parcel 3 9,000 square feet of FAR Parcel 4 6,200 square feet ofFAR Parcel 5 ' 5,200 square feet of FAR Parcel 6 5,200 square feet of FAR Parcel 7 6,500 square feet ofFAR Parcel 8 6,500 square feet of FAR Parcel 9 No FAR shall be allocated to this parcel. Section 2 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the requests for the Final PUD including Final PUD Development Plan, Subdivision, Condominiumization, Mountain View Plane, Special Review, GMQS Exemption, 8040 Greenline Review, and Rezoning for Lot 3 of AMPUD is hereby approved with the following conditions: j! 1. The development shall comply with the most recent municipal engineering practice standards and the "Best Management Practices" (BMPs) identified for water quality control requirements. 2. Regarding the concerns associated with the type of units of the four (4) deed-restricted multi-family housing units on Parcel 2, should it not be possible to change the unit type, Staff recommends the Applicant meet with Housing Authority Staff to maintain the average of the Category 2, but to price one of the three bedroom units between Category 1 and 2, and to price the 4-bedroom unit between Category 2 and 3, and market as a Category 3. 3. Three of the units on Parcel 2 shall be distributed and sold under the general lottery through the Housing Office. The Applicant shall be able to choose a buyer for one ofthe units. However, the buyer must be a fully qualified employee under the category for the unit chosen by the applicant; i.e., the potential buyer must meet income and asset requirements, meet minimum occupancy, not own any other property in the Roaring Fork Drainage System, and have worked in Pitkin County 1500 hours per year for the last four years. 4. The Applicant shall submit Infrastructure and Removal of Fill Material Permits for Lot 3 1 AMPUD within 30 (30) days after recordation of all Final PUD documents. The ; Applicant may submit building permit applications at the Applicant's discretion, but no ~ sooner than the issuance of a building permit for the Bavarian Inn affordable housing project. The Applicant shall be eligible for a Certificate of Occupancy for the free market I. Ilill illi Ill lill 0 -r H ill~ 1 ill li 04/19/2002 11:46F 466392 Page: 4 of 7 SILVIA DAXIS FITKIN COU,Â·TY CD R 35.00 0 0.00 the affordable housing units on Parcel 2. The Applicant shall be eligible for a Certificate multi-family units on Parcel 1 only after a Certificate of Occupancy has been issued for of Occupancy for the Free Market Duplex on Parcel 3 and the single-family units to be constructed on Parcels 4,5,6,7, and 8 no sooner than the receipt of a Certificate of Occupancy for an on-site accessory dwelling unit or upon the full payment of the applicable affordable housing impact fee. 5. The accessory dwelling units (for Parcels 4 - 8) shall abide by the regulations in the Land Use Code in effect at the time of building permit application and further defined in the Aspen/Pitkin County Housing Guidelines. Should an accessory dwelling unit not be provided on Parcels 4 through 8, a payment-in-lieu fee shall be provided in the amount required in the Guidelines at the time of building permit approval. 6. At the time of Certificate of Occupancy, a site visit shall be conducted on the deed- restricted units. 7. Since the "for-sale" affordable housing units are to be developed on a separate parcel, Parcel 2, a separate homeowner's association shall be established for the affordable housing portion ofthe development. 8. The Applicant shall include appropriate language in the Final PUD Agreement for Lot 3 and it's associated condominium (or planned community) documentation regarding the separate homeowner's association for Lot 3 (to be reviewed and approved by Staff) that ensures that the four (4) "for-sale" affordable housing units to be developed on Parcel 2, shall comply with the representations made in the application, adhere to the conditions of this Final PUD Approval, and comply with the required deed restrictions as administered by the Aspen / Pitkin County Housing Authority so that the owners of said units shall not be unduly burdened by a disproportionate share of responsibilities associated with the master homeowner's association or other homeowner associations established for the free market residences on parcels 1 and 3 -8. 9. Erosion control plans, including potential natural resource protection structures, and a detailed plan for irrigation systems and other p[antings within the City of Aspen right-of- way shall be submitted by the Applicant to the Parks Department for approval prior to the application of building permits. Separate erosion control plans shall be submitted by the owners of each parcel prior to the issuance of a building permit for their respective parcels. 10. The Applicant shall construct the "Aspen Mountain Trail" which traverses the adjacent Open Space Parcel "B" according to City of Aspen standards during the completion of this project. This trail improvement shall meet engineering specifications as defined by W the City of Aspen Parks Department including a crusher fines trail surface, a width of I four feet, a trail sign located at the entrance of each trail identifying trail name and public ' access, and the sign shall be designed and built to match the character of the neighborhood. The Applicant shall submit a detailed plan for trail design and drainage, Parks Department requests the applicant field stake the trail. The Applicant shall be required to have the trail improvement completed and inspected to the satisfaction of the Parks Department prior to the receipt of a Certificate of Occupancy for the free market triplexes on Parcel 1. 466392 lil li- 11 li li 1 1 lilli.-Ilill Ilill Ilit 111 Page: 5 of 7 04/19/2002 11:45 SIL\,LA [AVIS PITKI -JU TY [j R 35.00 D 0.00 11. The Applicant shall formally establish the Top of Mill Trail across Lot 3 AMPUD. This trail shall have a legal description, be shown on the Final Plat, and be dedicated/conveyed to the City of Aspen. Further, the Applicant shall memorialize in the Final PUD / Subdivision Agreement for Lot 3 and associated condominium (or planned community) documents, the obligation by the master homeowner's association or Applicant to improve the Top of Mill Trail, at such time the connection is realized, pursuant to the Parks Department's design criteria. If the trail has not been improved to the satisfaction of the Parks Department within 5 years of the recordation of the Final Plat for AMPUD Lot 3, the master homeowner's association for Lot 3 shall make a cash payment to the City of Aspen equal to a sum defined by the Parks Department for the improvement of the trail. 12. Fire sprinklers and alarm systems shall be installed in all the proposed buildings on Lot 3 as required by the City ofAspen Fire Marshal. Appropriate "booster pumps" (if required) rather than pressure tanks for the sprinkler system shall be used to gain the necessary water pressure as required by the City Fire Department. The owner of each parcel shall be responsible for ensuring that any buildings constructed thereon shall comply with this condition of approval. In addition. the Applicant shall submit a fire safety plan for the demolition to be preformed by the Applicant of the existing structures and the construction of the proposed development of Lot 3 to the Engineering Department at the time of building permit application. 13. The Applicant shall execute a "Line Extension Request" and a "Collection System Agreement" with Aspen Consolidated Sanitation District (ACSD) prior to building permit application. In addition, forty percent (40%) of the estimated total connection fees must be paid to ACSD by the applicant for service lines that are to be stubbed off the main line into the specific parcels of this development. 14. The Applicant shall be required to show to the ACSD ali service locations at the station numbers on the final utility plans for this development prior to building permit application. Additionally, the Applicant shall indicate to the ACSD if main line easements in the ROW are to be dedicated by plat or by description. 15. The Applicant shall record the approved condominium (or planned community) subdivision plat for Parcels 1, 2, and 3 of AMPUD Lot 3 in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of its approval by the Community Development Director. Failure on the part of the Applicant to record the plat within one hundred eighty (180) days following approval by the Community Development Director shall render the plat invalid and a new application and approval will be required. 16. The Applicant shall record a PUD Agreement and the Final PUD Plans within 180 days of the final approval by City Council with the Pitkin County Clerk and Recorder binding this property to this development approval. ( < 17 The development of the free market single-family dwellings proposed for Parcels 4-8of A . ~~ AMPUD Lot 3 shall be subject to a site and design specific 8040 Greenline Review prior to their development. These Parcels shall only be required to respond to review standards 466392 04/ 19/2002 11 : 46$ Page; 6 of 7 SILVIA C-VIE PITKI. .)UTY C) R 35.00 D 0,00 26.68.030 (C)(3) and 26.68.030 (C)(7); this resolution approves Parcels 4- 8 regarding 8040 Greentine Review Standards 26.68.030 (C)(1,2,4,5,6,8,9,10, and 11) thereby precluding any further review of the same standards as indicated. 18. The owner of each parcel shall pay the required School Land Dedication Fee to the City of Aspen, which is due and payable at the time of building permit application for the development of its parcel. This fee shall be assessed at the rate of the regulations and calculations in effect at the time of the building permit application. 19. The owner of each parcel shall pay the required Park Development Impact Fee to the City of Aspen, which is due and payable at the time of building permit application for the development of its parcel. This fee shall be assessed at the rate of the regulations and calculations in effect at the time of the building permit application. 20. The Applicant shall record the appropriate deed restrictions for Parcel 9, containing the six-space enclosed parking garage. requiring that the lot remain for parking purposes only as part of the Summit Place Condominiums project. 21. It is understood that upon approva! of this Final PUD, all remaining residential credits associated with the AMPUD are hereby extinguished. 22. The Applicant shall be required to submit detailed "cut sheets" for the proposed lights on Lot 3 AMPUD indicating the correct lumens on the lighting plan as part of the detailed building set to be examined during building permit review. 23. The Applicant shall work closely with the City of Aspen Engineering Department to ensure the access point from Parcel I on Lot 3 adequately provides for a left turn onto South Mill Street. 24. While the development proposal meets virtually atl of the proposed underlying L/TR and Conservation zone districts' dimensional requirements, this Ordinance approves the fo[lowing modifications ofthe dimensional requirements: a. Maximum Lot Size for Parcel 3 is 15,170 sq. ft. b. Maximum Lot Size for Parcel 4 is 12,278 sq. ft. c. Maximum Lot Size for Parcel 5 is 10,593 sq. ft. d. Maximum Lot Size for Parcel 6 is 9,825 sq. ft. e. Maximum Lot Size for Parcel 7 is 17.669 sq. ft. f. Maximum Lot Size for Parcel 8 is 18,756 sq. ft. g. Minimum Lot Size for Parcel 9 is 2,745 sq. ft. h. Minimum Lot Size for Open Space Parcel B is 49,446 sq. ft. i. Minimum Front Yard Setback for Parcel 9 is 8 feet j. Minimum East Side Yard Setback for Parcel 9 is 3 feet k. Minimum West Side Yard Setback for Parcel 9 is 3 feet 1. Minimum Rear Yard Setback for Parcel 9 is 3 feet 11111111111 11- -1111-1-11-1111-lilli 1111111111111 04/19/2002 11:46Â¢ 466392 Page: 7 of 7 SILVIA DAkiS FICK I . COUNTY CO R 35.00 D 0.00 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 Aspen 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 4 This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5 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 of the remaining portions thereo f. Section 6 A public hearing on this Ordinance was held on the 11 th day of March at 5:00 pm in the Council Chambers Room, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation Â£ , within the City o f Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 25th day of February, 2002, Â·124.6>..4 #:.grwi: i IAO i Ill 2240 A/-/-Lof lA ' 4.-v *MIÂ®is:*6*1Â£ City Clerk Helen KalinA*6Ile~d, Mayor 3,/49 Â·Â·L: 1. -E: . i . . 4*FINALLY, adopted, passed and approved this 1 1th Day of March, 2002. , Attet: - -I 1 7 1 -44,1 74*4 37 0 athryn $*Och, City Clerk Heldfi Kai*1>Â¥la ud, Mayor , 4 1rk b 1 2 ~ i : i Approve-d as to form: \.feteD . 1 4 3970 -}Al â€¢ c *'UXÂ¥64 A F-)64Â·Eta J6[in Worce;tor, City Attorney ... g 10 e P A RE i,u,z" 6 THE CrrY OF AspEN Land Use Application ocp 2 8 2010 Determination of Completeness CITY OF ASPEN Date: September 21.2010 Â· COMMUNITY DEVELOPMENT 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 0050.2010.ASLU - 946 S. Mill Street. ~~ 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: 1) Acceptable disclosure of ownership in the form of a current certificate from a title insurance company or an attorney licensed in Colorado. A special warranty deed does not meet the requirement. 2) A section showing existing grade compared to the finished grade proposed would assist the refiew body in analyzing the 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 of Aspen Planner reviewing the land use application. 61 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. Ibadk Yo~ GEl A c 4041-- 4- i- N#nnifer Pl~ZI~n, Deputy Director City of Aspen, Community Development Department For Office Use OnlY: Qualifying Applications: Mineral Rights Notice Required SPA PUD COWOP Yes No Â»A Subdivision (creating more than 1 additional lot)- GMQS Allotments Residential Affordable Housing Yes-r' No_,>9 Commercial E.P.F. r.9 RECEIVED CERTIFICATE OF OWNERSHIP SEP 2 8 2010 CITY OF ASPEN COMMUNITY DEVELOPMEN1 Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that PARCEL 8 LLC, A DELAWARE LIMITED LIABILITY COMPANY are the owner's in fee simple ofthe following described property: PARCEL 8, TOP OF MILL SUBDIVISION/PUD, A PLANNED COMMUNITY, according to the Final Plat for Top of Mill Subdivision/PUD, a Planned Community recorded August 18, 2002, Plat Book 62 at Page 4 as Reception No. 471099 and as further defined and described in the Master Declaration of Protective Covenants for Top of Mill recorded October 4,2002 as Reception No. 473073, the First Amendment thereto recorded October 18, 2002 as Reception No. 473629, Second Amendment thereto recorded March 13, 2003 as Reception No. 479906 and Third Amendment thereto recorded December 31, 2003 as Reception No. 493046. TOGETHER WITH: (i) The easement over Top of Mill Trail granted in Section 2.2(p) of the Subdivision/PUD Agreement for Top of Mill Subdivision/PUD recorded as Reception No. 471100; (ii) The easements granted in the Declaration, including the easement over the Private Road and Sidewalk (each as defined therein) recorded as Reception No. 473073; (iii) The easement related to the construction of deflection walls granted in the Amended and Restated Grant of Easement recorded as Reception No. 496015; (iv) The Open Space Easement granted to the owners of parcels in the Top of Mill Subdivision in Notes 6 and 13 of the Plat recorded as Reception No. 471099 (the "Plat"); (v) The easement over Top of Mill Street granted to the owners of the parcels in Top of Mill Subdivision in Note 12 of the Plat, (vi) The Sidewalk Easement granted to owners of parcels in the Top of Mill Subdivision in Note 24 of the Plat, and (vii) Rights under that certain License Agreement recorded as Reception No.472877 ADDRESS ACCORDING TO THE PITKIN COUNTY ASSESSORS OFFICE: 946 S. MILL ST., ASPEN, CO 81611 ENCUMBRANCES: Deed of Trust from PARCEL 8 LLC, A DELAWARE LIMITED LIABILITY COMPANY To the Public Trustee of the County of PITKIN For the use of . BANK OF AMERICA, N.A. Original Amount $3,800,000.00 Dated July 15, 2009 Recorded ~ July 15, 2009 Reception No. 560877 FINANCING STATEMENT RECORDED JULY 15, 2009 AS RECEPTION NO. 560878. 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: authorized signature CERTIFIED TO: September 22, 2010 at 8:00 A.M. Job No. PCT18707 RECEPTION#: 556172, 3/2009 at 11:03:24 AM, 1 OF 4, R $ 0 DF $750.00 Janice K. Vos Caudill, Pitkin County, CO SPECIAL WARRANTY DEED ZUMA LLC, a Colorado limited liability company ("Grantor"), for Ten ($10.00) Dollars and other valuable consideration, in hand paid, hereby sells and conveys to PARCEL 8 LLC, a Delaware limited liability company ("Grantee"), whose address is 301 Main Street, Suite 3300, Fort Worth, Texas 76102, Attention: Sherri L. Conn, the following real property located in Aspen, Pitkin County, Colorado legally described as: - All of Parcel 8, TOP OF MILL SUBDIVISION/PUD, A PLANNED COMMUNITY, according to the Final Plat for Top of Mill Subdivision/PUD, a Planned Community, recorded August 18, 2002, in Plat Book 62 at page 4 as Reception No. 471099, in Aspen, Pitkin County, Colorado and as further defined and described in the Master Declaration of Protective Covenants for Top of Mill recorded October 4, 2002 as Reception No. 473073, the First Amendment thereto recorded October 18, 2002 as Reception No. 473629, Second Amendment thereto recorded March 13, 2003 as Reception No. 479906 and Third Amendment thereto recorded December 31, 2003 as Reception No. 493046 - TO HAVE AND TO HOLD with all its appurtenances and warrants title against all persons claiming under Grantor, SUBJECT TO AND EXCEPTING. 1. Real estate taxes for the year 2009 and payable in 2010 and all subsequent years not yet due or payable. 2. Existing building, land use and zoning regulations, 3. Those matters listed on Exhibit "A" annexed hereto and made a par[ hereof, IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal as of February 3, 2009. ZUMA LLC By: Neil D. Karbank, Authorized Representative 0!VY '.-4 4.k.,Â·c:,6 :iRE-'i-/ 9,10 DATC DATE 0:0. 4431 lt"4 55/4,1 4Â¥09 1041 -8967 Pc--r aa 35) RECEPTION#: 556172, 3/2009 at 11:03:24 AM, 2 OF 4, Janice K. Vos Caudill, Pitkin County, CO STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) On this 2d day of February, 2009, before the undersigned, a Notary Public in and for said County and State, residing therein duly commissioned and sworn, personally appeared NEIL D. KARBANK, known to me to be the person whose name is subscribed to the wjthin instrument, and he acknowledged that he executed the foregoing Special Warranty Deed in his capacity as an Authorized Representative of Zuma LLC, a Colorado limited liability company, as the act and deed of such limited liability company, as Grantor. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year 0 this certificate first above written. 1 3.qiÂ«c. 4 Notary Pl~ic within and fÂ°709F Codnty and State Â·Â·.6 My comr'rhskion expires < ) 1375(X)Ov2 1/23/2009 1 1 5044 AM RECEPTION#: 556172, 13/2009 at 11:03:24 AM, 3 OF 4, Janice K. Vos Caudili, Pitkin County, CO EXHIBIT "A" PERMITTED ENCUMBRANCES 1. Reservations and exceptions as follows a) Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted. b) Right of way for ditches or canals constructed by the authority of the United States. As the same may be found in the United States Patents recorded April 12, 1901 in Book 136 at Page 281, May 20, 1949 in Book 175 at Page 177 and May 20, 1949 in Book 175 at Page 208. 2. Easements, rights of way and all matters as disclosed on Plat of subject property recorded August 18, 2002 in Plat Book 62 at Page 4. 3. Terms conditions, provisions and obligations as set forth in Subdivision/PUD Agreement for Top of Mill Subdivision/PUD recorded August 18, 2002 as Reception No. 471100. 4. Terms, conditions, provisions and obligations as set forth in Pretapping Agreement recorded August 30,2002 as Reception No. 471764. 5. Terms, conditions, provisions and obligations as set forth in City of Aspen Water Main Extension Agreement recorded August 30,2002 as Reception No. 471765 and First Addendum thereto recorded October 17, 2002 as Reception No. 473593. 6. Terms, conditions, provisions and obligations as set forth in License Agreement recorded October 1, 2002 as Reception No. 472877 7 Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Protective Covenants for Top of Mill recorded October 4, 2002 as Reception No. 473073, First Amendment thereto recorded October 18, 2002 as Reception No. 473629, Second Amendment thereto recorded March 13, 2003 as Reception No. 479906 and Third Amendment thereto recorded December 31, 2003 as Reception No. 493046, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin. 1375000v5 2/2/2009 5:00:59 PM RECEPTION#: 556172, 3/2009 at 11:03:24 AM, 4 OF 4, Janice K. Vos Caudill, Pitkin County, CO 8. Terms, conditions, provisions and obligations as set forth in Amended and Restated Grant of Easement recorded March 30,2004 as Reception No. 496015. 9 All matters as disclosed by Survey of Schmueser, Gordon, Meyer dated January 19, 2009 as Job No. 2000-140.006-02. All of the foregoing book, page and reception number references refer to the real property records of Pitkin County, Colorado, 1.175000,5 2,2/2009 5.00.59 1>#1 RECEPTION#: 560877, 0 - /2009 at 02:28:16 PM, 1 OF 23, R $---.00 Janice K. Vos Cauc Pitkin County, CO PREPARED BY / RETURN TO (WITH ASSISTANCE OF COLORA DO COUNSEL): Haynes and Boone, LLP 2323 Victory Ave., Suite 700 Dallas, Texas 75219 Attention: Brack Bryant DEED OF TRUST, ASSIGNMENT, SECURITY AGREEMENT AND FIXTURE FILING by Parcel 8 LLC, a Delaware limited liability company, as Grantor, to and in favor of Pitkin County Public Trustee, as Trustee, and Bank of America, N.A., a national banking association, as Beneficiary (This document serves as a Fixture Filing under Section 4-9-502, Colorado Revised Statutes) Grantofs Delaware Organizational Identification Number is: 4644456 Deed of Tlust D-1726736_7.DOC -1Â· Pcm- 00#in RECEPTION#: 560877, 0 5/2009 at 02:28:16 PM, 5 OF 23, Janice K. Vos Caudil itkin County, CO upon which the proceeds of the Loan will be disbursed, as the same may from time to time be extended, amended, restated, supplemented or otherwise modified. "Loan Documents" means this Mortgage, the Note, the Guaranty, the Loan Agreement, any Swap Contract, any application or reimbursement agreement executed in connection with any Letter of Credit, and any and all other documents which Grantor, Guarantor or any other party or parties have executed and delivered. or may hereafter execute and deliver, to evidence, secure or guarantee the Obligations, or any part thereof, as the same may from time to time be extended, amended, restated, supplemented or otherwise modified. "Material Adverse Effect" means any change, event, circumstance or effect that has a material adverse effect on one of the following: (a) the business condition (financial or otherwise), operations, properties or prospects of the Grantor, (b) the ability of the Grantor to pay or perform its obligations under the Loan Documents, or (c) the value or salability of the Property, such that it would either diminish the value of the Property as a free-standing parcel or affect the salability of the Property as a residential lot. 'Mortgage" means this Deed of Trust, Assignment, Security Agreement and Fixture Filing, as the same may from time to time be extended, amended, restated, supplemented or otherwise modified. "Note" means the Term Note of even date herewith in the original principal amount of Three Million Eight Hundred Thousand and No/100 Dollars ($3,800,000.00), as the same may from time to time be extended, amended, restated, supplemented or otherwise modified. Additionally, the Promissory Note provides that the principal balance evidenced thereby shall bear interest at a floating rate of Interest subject to change from time to time. "Notice" means a notice, request, consent, demand or other communication given in accordance with the provisions of Section 9.8 of this Mortgage. "Obliaations" means all present and future debts, obligations and liabilities of Grantor to Beneficiary and/or Trustee arising pursuant to, and/or on account of, the provisions of this Mortgage, the Note or any of the other Loan Documents, Including the obligations: (a) to pay all principal, interest, late charges, and other amounts due at any time under the Note; (b) to pay all Expenses, indemnification payments, fees and other amounts due at any time under this Mortgage or any of the other Loan Documents, together with interest thereon as herein or therein provided; (c) to pay and perform all obligations of Grantor under any Swap Contract; (d) to perform, observe and comply with all of the other terms, covenants and conditions, expressed or implied, which Grantor Is required to perform, observe or comply with pursuant to this Mortgage or any of the other Loan Documents; and (e) to pay and perform all future advances and other obligations that Grantor or any successor In ownership of all or part of the Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of Beneficiary, when a writing evidences the parties' agreement that the advance or obligation be secured by this Mortgage. 'Permitted Encumbrances' means (a) any matters set forth in any policy of title insurance issued to Beneficiary and insuring Beneficiary's interest in the Property which are acceptable to Beneficiary as of the date hereof, (b) the Liens and interests of this Mortgage, (c) Liens permitted under the Loan Agreement and (d) any other Encumbrance that Beneficiary shall expressly approve in its reasonable discretion, as evidenced by a "marked-up" Deed of Tnmt 0-1726736_7.DOC -5- RECEPTION#: 560877, 0-'-5/2009 at 02:28:16 PM, 23 OF 23, Janice K. Vos Caudil. tkin County, CO Exhibit A Legal Description Altlhat parcel or parcels of real property located in Pitkin County, State of Colorado, and more particularly described as follows: All of Parcel 8, Top of Mill Subdivision/PUD, a planned community, according to the Final Plat for Top of Mill Subdivision/PUD, a planned community recorded August 18, 2002, Plat Book 62 at Page 4 as Reception No. 471099 and as further defined and described in the Master Declaration of Protective Covenants for Top of Mill recorded October 4,2002 as Reception No. 473073, the First Amendment thereto recorded October 18, 2002 as Reception No 473629, Second Amendment thereto recorded March 13, 2003 as Reception No. 479906 and Third Amendment thereto recorded Decem ber 31, 2003 as Reception No. 493046. Together with: (i) The easement over Top of Mill Trail granted in Section 2.2(p) of the Subdivision/PUD Agreement for Top of Mill Subdivision/PUD recorded as Reception No, 471100 . (iD The easements granted in the Declaration, including the easement over the Private Road and Sidewalk (each as defined therein) recorded as Reception No, 473073. (iii) The easement related to the construction of deflection walls granted in the Amended and Restated Grant of Easement recorded as Reception No. 496015. (iv) The Open Space Easement granted to the owners of parcels In the Top of Mill Subdivision in Notes 6 and 13 of the Plat recorded as Reception No. 471099 (the "plar) (v) The easement over Top of Mill Street granted to the owners of parceIs in Top of Mill Subdivision in Note 12 of the Plat. (vi) The Sidewalk Easement granted to owners of parcels in Top of Mill Subdivision in Note 24 of the Plat. (vii) Rights under that certain License Agreement recorded as Reception No. 472877. Deed of Trust [>1726736_7.DOC Exhibit A RECEPTION#: 560878, 0-'-5/2009 at 02:28:17 PM, 1 OF 6, Janice K. Vos Caudill, Pitk )unty, CO UCC FINANCING STATEMENT FOLLOW INSTRUCTIONS (front IN back) CAREFULLY A NAME & PHONE OF CONTACT AT FILER loptionall & SEND ACKNOWLEDGMENT TO (Nime and AN,ess) -1 Haynes and Boone,LLP 2323 Victory Ave , Suite 700 Dallas Texas 75219 Attention. Brack Bryant THE ABOVE SPACE 18 FOR FILING OFFICE USE ONLY 1 DEBTOR'S EXACT FULL LEGAL NAME - nlerl only 222 /It>tor nuwrne (19 or lt) - 00 not aobr-te of combim narr- ~ la ORGANIZATONS NAME Parcel 8 LLC SUFFIX 18 INDIVIDUAL S LAST NAME FIRST NAME MtO[XE NAME 1 c MAILING ADDRESS CITY STATE IPOSTALCODE COUNTRY 301 Commerce Street, Suite 3300 Fort Worth TX |76102 USA 10 :EE INSTRucTIoNS ADD'L INFO RE le. TYPE OF ORGANIZATION 11. JURISDICTION OF ORGANIZATION 19 ORGANIZATIOUL ID#, if any A ORGANIZATION limited liability 0 DEBTOR Delaware 4644456 company ~. 2. ADDITIONAL- DEBTOR'S EXACT FULL LEGAL NAME -Insen only gl debrnam, (2, or 2b) - co nci at,br,wite or cormbr,e narne, l ~L ORGANIZATtONÂ·S NAME pr INDIVIDUAL'S LAST NAME FIRST NAME MIDOLE NAME SUFFIX 2, MAILING ADDRESS CITY STATE ~POSTALCODE COUNTRY 2d. 5EE INSTRUCTIONS AD[YL IPO RE. 20 TYPE OF ORGANIZATION 21 JURISDICTION OF ORGANIZATION 29 ORGANIZATIONAL ID *. 0 any ORGANIZATION DEBTOR Â¤ NONE 3 SECURED PARTYS NAME (or NAME of TOTAL ASSIONEE of ASSIGNOR S/P; - IÂ·,sert or,ly gos sectnd party name (3aor3b) 32 ORGANIZATION S NAME Bank of America, N.A. OR I36,1 INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX k. MAILING ADDRESS CITY STATE POSTALCOOE COUNTRY 500 W. 7th Street Fort Worth TX 76102 USA 4 Th,1 FINANCING STATEMENT coven thelollowing collateral: As set forth on Exhibit A attached hereto and made a part hereof. 5 ALTERNATIVE DESIGNATION [,1 ip#,catle). O LESSEELESSOR Â¤ CONSIGNEE/CONSIGNOR O BAILEEBAILOR O SEUEREUYER [] AG LIEN ONON-UCC FILING 6 [~ Thia FINANCING STAT EVENT II to be filed [for record] (or recorded) in the 17. Ch-k to REQUEST SEARCH REPORT(S) or Il. 0-I 0 0,-1 3bt- 2 REAL ESTATE RECORDS Atte Addendun Ir appli=atail 1 Debtorm IAD[)1TIONAL FEE51 lopllor,all 8 OPTIONAL- FILER REFERENCE DATA 17997 1252 DELAWARE SOS FILING OFFICE COPY - UCC FINANCING STATEMENT (FORM UCC1) (REV 05/22/02) D-1742528 1 lili 204 )-1 3 THE CITY oF ASPEN Land Use Application Determination of Completeness Date: September 21,2010 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 0050.2010.ASLU - 946 S. Mill Street. ~ 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: 1) Acceptable disclosure of ownership in the form of a current certificate from a title insurance company or an attorney licensed in Colorado. A special warranty deed does not meet the requirement. 2) A section showing existing grade compared to the finished grade proposed would assist the review body in analyzing the 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 of Aspen Planner reviewing the land use application. O 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. ybaftk Yo~- 73 A -Jennifer P]â‚¬!jn, Deputy Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required SPA PUD COWOP Yes No Â»<Â· Subdivision (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes- No_0*2 Commercial E.P.F.