HomeMy WebLinkAboutcoa.lu.pu.Moore Lot8e & 9e 56 Cinnamon Ct.A008-00Moore PUD Amendment A008-00
Moore Family PUD Amendment #2
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COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5090
City of Aspen
Land Use:
1041
Deposit
1042
Flat Fee
1043
HPC
1046
Zoning and Sign
Referral Fees:
1163
City Engineer
1205
Environmental Health
1190
Housing
Building Fees:
1071
Board of Appeals
1072
Building Permit
1073
Electrical Permit
1074
Energy Code Review
1075
Mechanical Permit
1076
Plan Check
1077
Plumbing Permit
1078
Reinspection
Other Fees: '
1006
Copy
1302
GIS Maps
1481
Housing Cash in Lieu
1383
Open Space Cash in Lieu
1383
Park Dedication
1468
Parking Cash in Lieu
Performance Deposit
1268
Public Right-of-way
1164
Sch661 District Land Ded.
TOTAL = G
NAME:
ADDRESS/PROJECT:
PHONE:
CHECK#
CASE/PERMIT#: # OF COPIES:�_
DATE: INITIAL:
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CASE NUMBER
PARCEL ID #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
A008-00
Moore PUD Amendment
Lots 8e & 9e, Block F, Moore PUD
Nick Lelack
Minor PUD Amendment
Zoom Flume LLC.
Davis Horn Inc.
3/21 /00
Reso. 16-00
6/30/00
J. Lindt
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PARCEL ID: IDATE RCVD: 1/26/00 # COPIES: F— CASE NO A008-00
CASE NAME: Moore PUD Amendment PLNR:I
PROJ ADDR: Lots 8e & 9e, Block F, Moore PUD CASE TYP: IMinor PUD Amendment STEPS:
OWN/APP: Zoom Flume LLC ADRI Box 5115 C/S/Z: Aspen/CO/81611 PHN: 920-1710
REP: Davis Horn Inc. ADR: 215 S. Monarch, ste 1 CIS/Z: I Aspen/CO/81611 PHN: 925-6587
FEES DUE: 480 D FEES RCVD: 480 STAT: F
REFERRALS
REF: F- BYJ�
MTG DATE REV BODY PH NOTICED
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F—i F
REMARKS
CLOSED: j BY: I-
PLAT SUBMITD: PLAT (BK,PG):
DUE:
DATE OF FINAL ACTION: `?; 7
CITY COUNCIL:F _
PZ:
BOA:
DRAC:
ADMIN:)
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DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section
26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights",
of the City of Aspen Municipal Code. This Order allows development of a site specific
development plan pursuant to the provisions of the land use approvals, described herein.
The effective date of this Order shall also be the initiation date of a three-year vested
property right. The vested property right shall expire on the day after the third
anniversary of the effective date of this Order, unless a building permit is approved
pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a
revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of
vested property rights, this Order shall remain in full force and effect, excluding any
growth management allotments granted pursuant to Section 26.470, but shall be subject
to any amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific
development plan as described below.
Zoom Flume LLC., Box 5115, Aspen, CO 81611
Property Owner's Name, Mailing Address and telephone number
Lots 8E, 9E, Block F, Moore Planned Unit Development
Legal Description and Street Address of Subject Property
Planned Unit Development Amendment
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Planning & Zoning Commission Resolution # 16-00, 3/21/00
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
April 1, 2000
Effective Date of Development Order (Same as date of publication of notice of approval.)
April 2, 2003
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration
and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen
Municipal Code.)
Issued this ls` day of Aril, 2000, by the City of Aspen Community
Dev,r4opment Director.
Woods, Community Development Director
PUBLIC NOTICE
Of
DEVELOPMENT APPROVAL
Notice is hereby given to the general public of the approval of a site specific development
plan, and the creation of a vested property right pursuant to the Land Use Code of the
City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the
following described property: Lots 8e and 9e, Block F, Moore Planned Unit
Development, by resolution of the Planning and Zoning Commission numbered 16 of
Series 2000. For further information contact Julie Ann Woods, at the Aspen/Pitkin
Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920-5090.
s/City of Aspen Account
Publish in The Aspen Times on April 1, 2000
0
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AGENDA
ASPEN PLANNING & ZONING COMMISSION
REGULAR MEETING
TUESDAY, MARCH 21, 2000
4:30 PM
SISTER CITIES ROOM
I. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
II. MINUTES
III. DECLARATION OF CONFLICTS OF INTEREST
IV. PLANNING AND ZONING COMMISSION PUBLIC HEARINGS
A. DEVELOPMENT REVIEW PROCESS FOR PUBLIC PROJECTS,
John Worcester (continued from February 29, 2000 and March 14, 2000)
B. TRUSCOTT CONCEPTUAL PLANNED UNIT DEVELOPMENT,
Chris Bendon (continued from March 7, 2000)
C. MOORE PLANNED UNIT DEVELOPMENT MINOR AMENDMENT,
Nick Lelack
V. ADJOURN
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Director
FROM: Nick Lelack, PlannerOv
RE: Moore Family Planned Unit Development: Plat and PUD Amendment —
Public Hearing, Resolution No.l� Series of 2000
DATE: March 21, 2000
APPLICANT:
Zoom Flume, LLC
wP,
REPRESENTATIVE:
Glenn Horn, Davis Horn, Inc.
LOCATION:
Block F, Moore Family PUD
ZONING:
R-15 PUD
CURRENT LAND USE:
Residential
PROPOSED LAND USE:
Residential
The affordable housing unit lots and area for the
proposed changes in the grading and drainage plan are
located on a bench below this slope.
SUMMARY:
The purpose of this application is to amend the
Moore Family PUD to change the setbacks for two
(2) affordable housing unit parcels from 20 feet to 12
feet in the front and back yards, increase the height
of the ski lift tower from 40 feet to 50 feet, and
revise the grading and drainage plan for the Moore
Family PUD. Community Development Staff
recommends approval of the three requests, with
conditions.
Moore Family PUD Amendment 1
Planning and Zoning Commission, March 21, 2000
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REVIEW PROCEDURE
• PUD Amendment (I-StepReview): An amendment found to be consistent with or an
enhancement of the approved final development plan by the Community Development
Director, but which does not meet the established thresholds for an insubstantial
amendment may be approved, approved with conditions, or disapproved by the
Planning and Zoning Commission. The Community Development Director
determined that this project does not qualify as an insubstantial amendment because it
requires granting a variation from the project's approved dimensional requirements to a
significant degree. The Community Development Director believes the requested
amendments are consistent with the approved final development plan.
STAFF COMMENTS:
Zoom Flume LLC ("Applicant"), represented by Glenn Horn of Davis Horn, Inc., has
applied for amendments to the Moore Family Planned Unit Development (PUD) and Plat.
Zoom Flume LLC is the successor in title to the James E. Moore Family Partnership, and
is the developer of the project.
The Applicant has requested three amendments to the Moore Family PUD and Plat. The
first request is for a minor Plat Amendment to the Moore Family PUD Plat to reduce the
setbacks for two (2) affordable housing unit lots from 20 feet in the front and rear yards
to 12 feet in the front and rear yards. The subject lots (Lots 8e and 9e) front Cinnamon
Court and back up to Moore Drive. The second request is to allow taller lift towers for
the Moore PUD High School Ski Lift from 40 feet to 50 feet. Finally, the applicant is
requesting approval of a revised Grading and Drainage Plan for Block F of the Moore
Family PUD (Exhibit Q.
The Applicant requested the setback change for the two lots because the parcels were
platted and affordable housing unit designs were selected before Moore Drive and
Cinnamon Court were developed. The affordable units were designed to fit inside the
approved setbacks. Unfortunately, the grading required to develop Moore Drive extended
significantly into the parcels' Lots 8e and 9e rear yards. These lots are sandwiched
between Moore Drive and Cinnamon Court. Consequently, neither the affordable
housing units selected for these lots, nor variations of the designs, can now fit on the lots
without a change from the approved dimensional requirements. Staff supports this
request because it does not result in new development activity beyond what was
approved. In addition, Staff does not want the affordable housing units to be
compromised in any way, especially not downsized, because the road grading exceeded
the developer's expectations.
Staff also supports the request to increase the Moore PUD High School lift tower to a
maximum of 50 feet. The Applicant did not expect the lift tower to exceed 40 feet in
height during the review process for the Moore Family PUD. POMA Corporation has
determined during the construction plan that a higher pole is necessary for adequate lift
operations. The actual preliminary plan profile indicates the highest tower tube will be
Moore Family PUD Amendment 2
Planning and Zoning Commission, March 21, 2000
45.93 feet. The Applicant is requesting a maximum of height of 50 feet if the final plan
profile exceeds 45.93 feet there exists some flexibility. Again, Staff believes this request
is consistent with the original approval, and is an outstanding asset for the high school.
Finally, the Applicant has requested minor changes to the Grading and Drainage Plan for
Block F, the same block as the Lot 8e and 9e discussed above. Staff and the Applicant
have worked together on a proposal that minimizes necessary grading outside the
building envelopes and the impact on the dense native vegetation. Specifically, grading
outside the building envelope will occur only to the extent required to alleviate the need
for retaining walls, which the neither Community Development Staff nor the Applicant
desires, and in a manner that preserves as much of the native vegetation as possible. The
proposed drainage plan represents the agreement reached between Staff and the
Applicant.
RECOMMENDED MOTION:
"I move to approve the Moore Family PUD and Plat amendments and conditions of approval
outlined in the Community Development memo dated March 21, 2000."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B -- Development Application
Exhibit C -- Revised Grading and Drainage Plan
C:\home\nick1\Active Cases\Moore PUD amend PZ.doc
Moore Family PUD Amendment
Planning and Zoning Commission, March 21, 2000
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REVIEW CRITERIA & STAFF FINDINGS
EXHIBIT A
MOORE FAMILY PUD & PLAT AMENDMENT
Sections 4, Ordinance No. 24, Series of 1991, established a procedure and standards for
minor PUD and Plat amendments to the Moore Family PUD and Plat which are intended
to change an element or condition of the development permit, provided that the proposed
amendment are consistent with the standards discussed below.
Although the PUD review standards contained in Section 26.445.050 of the Land Use
Code are not used to evaluate this application, the Community Development Director
requested the applicant to address Section 26.445.100(A)(9) Amendment of PUD
Development Order to determine whether the proposal is consistent with the original
approval.
Section 26.445.100(A)(9) Amendment of PUD Development Order
Any change which is inconsistent with a condition or representation of the
project's original approval or which requires granting a variation from the
project's approved use or dimensional requirements. "
Staff Finding
The Applicant responded by stating that the variations are needed from the approved
dimensions because of an oversight by the developer. Despite this oversight, Staff
believes the proposed changes are consistent with the original approval for the Moore
Family PUD, primarily because the requests do not change the amount of development
originally approved.
Section 4, Ordinance No. 24, Series of 1991,
a. The amendment must be a clarification or a technical correction to a plat.
Staff Finding
The change in setbacks from 20 feet to 12 feet is a technical correction to the plat, which is
needed to accommodate the pre -designed affordable housing units on two lots.
Construction of Moore Drive encroached further into the lots that expected, created a need
for the variance from the established dimensions. The tower height and Grading and
Drainage Plan amendments are not plat issues. This criterion is addressed.
b. The amendment must not change the use of the proposed development between
residential, commercial and tourist accommodation uses.
Staff Finding
The amendment does not change the uses in any way. This criterion is addressed.
Moore Family PUD Amendment 4
Planning and Zoning Commission, March 21, 2000
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c. The amendment must be consistent with action taken during the review of the
original development activity.
Staff Finding
The amendment is consistent with action taken during the review of the original
development activity. Minimal grading outside the approved building envelopes for the
affordable housing units would occur to prevent a need for retaining walls. The level of
development activity would only change slightly, but in a manner that is consistent with the
approved level of development activity. This criterion is satisfied.
d. The proposed activity does not.
i. Change the basic character of the approved use of land on which the
activity occurs including basic visual appearance and method of
operation;
Staff Finding
The amendment does not change the basic character of the approved use of land on which
the activity occurs, including the basic visual appearance. Minor changes would occur as a
result of these proposed amendments, including two affordable housing units would be 8
feet closer to Moore Drive and Cinnamon Court, minimal grading would occur outside the
building envelopes on the Cinnamon Court lots, and the lift tower would be higher.
However, none of these changes would alter the basic visual appearance and methods of
operation in the Moore PUD. This criterion is addressed.
ii. Increase off -site impacts in the surrounding neighborhood;
Staff Finding
No increased off -site impacts in the surrounding neighborhood would occur as a result of
these amendments. This criterion is addressed.
iii. Endanger the public health, safety or welfare;
Staff Finding
The public health, safety or welfare will not be endangered by these proposed
amendments. This criterion is satisfied.
iv. Substantially increase the need for on -site parking or utilities, or affect
affordable housing mitigation; and,
Staff Finding
The need for parking, utilities, or affordable housing would not be changed in any way by
the amendment. This criterion is addressed.
V. Increase the floor area of the use by more than two (2) percent or
decrease open space on the site by more than three (3) percent.
Moore Family PUD Amendment
Planning and Zoning Commission, March 21, 2000
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Staff Finding
The proposed amendment does not affect floor area or open space. This criterion is
satisfied.
Moore Family PUD Amendment
Planning and Zoning Commission, March 21, 2000
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RESOLUTION NO. /to
(SERIES OF 2000)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING OF THE MOORE FAMILY PLANNED UNIT
DEVELOPMENT MINOR AMENDMENT AND FINAL PLAT MINOR
AMENDMENT, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Department received an application
Zoom Flume LLC, represented by Glenn Horn of Davis Horn, Inc., for Planned Unit
Development (PUD) and Final Plat minor amendments to reduce the front and rear yard
setbacks for Lots 8e and 9e, Block F, from 20 feet to 12 feet, increase the height of the lift
towers from the Moore PUD High School Ski Lift from 40 feet to 50 feet, and revise the
Grading and Drainage Plan for Block F; and,
WHEREAS, Ordinance No. 24, Series of 1991, approved the Moore Family
PUD, and established a procedure and standards for minor PUD and Plat amendments to
the Moore Family PUD; and,
WHEREAS, pursuant to Section 26.445 of the Land Use Code, the Planning and
Zoning Commission may approve minor Planned Unit Development and Plat amendments
during a duly noticed public hearing after considering a recommendation from the
Community Development Director and considering comments from the general public; and,
WHEREAS, the Community Development Department reviewed the Project and
recommended approval with conditions; 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, has reviewed and considered the recommendation from the Community
Development Director, and has taken and considered public comment at a public hearing; and,
WHEREAS, during a duly noticed public hearing on March 21, 2000, the Planning
and Zoning Commission approved, by a _ to _ L-� vote, approved minor amendments to
the Moore Family PUD and Final Plat; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN
PLANNING AND ZONING COMMISSION as follows:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Moore Family Planned Unit Development and Final Plat minor amendment is approved
subject to the conditions of approval described hereinafter.
Conditions of Approval:
1. An amended PUD Agreement shall be recorded within 180 days of the final approval by
the Planning and Zoning Commission.
Moore Family PUD Amendment 7
Planning and Zoning Commission, March 21, 2000
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2. A Final PUD Plan shall be recorded within 180 days of the final approval granted by City
Council and shall include:
a. A final plat meeting the requirements of the City Engineer and showing easements,
encroachment agreements and licenses with reception numbers for physical
improvements and parking spaces within City rights -of -way , location of utility
pedestals, and a note stating that a witness corner will be installed on the north east
corner of the property after completion of construction.
b. An illustrative site plan of the project showing the proposed improvements,
landscaping, parking, and the dimensional requirements as approved.
�V. ting the project's architectural character.
d. A drainage plan, including an erosion control plan, prepared by a Colorado licensed
Civil Engineer which maintains sediment and debris on -site during and after
construction. If a ground recharge system is required, a soil percolation report will be
required to correctly size the facility. A 2-year storm frequency should be used in
designing any drainage improvements.
3. The PUD Agreement and the Final PUD Plans shall be recorded prior to an application
for a building permit may be accepted by the Building Department.
4. The building permit application shall include:
a. A copy of the final Ordinance and recorded P&Z Resolution.
b. The conditions of approval, for both the lodge expansion and the Minor PUD, printed
on the cover page of the building permit set.
c. A completed tap permit for service with the Aspen Consolidated Sanitation District.
d. A tree removal permit as required by the City Parks Department and any approval
from the Parks Department Director for off -site replacement or mitigation of removed
trees.
e. A completed curb, gutter, and sidewalk agreement.
f. A completed agreement to join any future improvement districts formed for the
purpose of constructing improvements in adjacent public rights -of -way.
5. Prior to issuance of a building permit:
a. The primary contractor shall submit a letter to the Community Development Director
stating that the conditions of approval have been read and understood.
b. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative
agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those
fees shall be payable according to the agreement.
6. The applicant shall abide by all noise ordinances. Construction activity is limited to the
hours between 7 a.m. and 7 p.m.
7. Before issuance of a building permit, the applicant shall record the Planning and Zoning
Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza
Moore Family PUD Amendment 8
Planning and Zoning Commission, March 21, 2000
Building. There is a per page recordation fee. In the alternative, the applicant may pay this
fee to the City Clerk who will record the resolution.
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 or City Council, are hereby
incorporated in such plan development approvals and the same shall be complied with as if
fully set forth herein, unless amended by an authorized entity.
Section 3•
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 4:
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 thereof.
APPROVED by the Commission at its regular meeting on March 21, 2000.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
Robert Blaich, Chair
Moore Family PUD Amendment 9
Planning and Zoning Commission, March 21, 2000
0 0 J�� I vir -a
Davis Horn -
March 14, 2000 PLANNING & REAL ESTATE CONSULTING
Nick Lelack
City of Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Moore Family Planned Unit Development: Plat and Planned Unit
Development Amendment
Dear Nick:
Davis Horn Incorporated represents the Zoom Flume LLC ("applicant")
in this land use application. As you know, Zoom Flume LLC, is the
successor in title to the James E. Moore Family Partnership. Zoom
Flume LLC, is the ("developer") of the Moore Family PUD. This land
use application seeks the following land use approvals.
1. Setback Change - The applicant requests approval for a
minor Plat Amendment to the Moore Family PUD Plat to
adjust setbacks for two affordable housing unit lots
located in Block F (Lots 8e and 9e). Exhibit 1 depicts
the Moore Family PUD Final Plat sheet 7 of 9. The final
Plat shows Lots 8e and 9e have 20 foot rear and front
yard setbacks. Exhibit 2, the Moore Family PUD second
amended Plat, shows 12 foot front and rear yard setbacks
for these lots. This represents setback reductions of
eight feet for the front and rear yards.
Height Change - The applicant requests a minor amendment
to the Moore Planned Unit Development Guide (PUD Guide)
to allow taller lift towers for the Moore PUD High School
Ski Lift is requested. Article VII of the Moore Planned
Unit Development Guide limits lift towers to a height of
40 feet (see Exhibit 3) . Exhibit 4 is a preliminary plan
profile of the High School Lift. The bottom seven towers
are located within the Moore PUD. The preliminary plan
profile indicates the highest tower tube will be 45.93
feet tall. The applicant requests the PUD Guide be
amended to permit a maximum lift tower height of 50 feet.
This will allow some flexibility between preliminary and
final lift design.
3. Grading & Drainage - The applicant requests approval of
a revised Grading and Drainage Plan for Moore PUD, Block
F. Exhibit 5 is a copy of the approved Moore PUD Grading
and Drainage Plan ("Revised Detailed Submission). The
Plan does not show any grading outside of the Block F
building envelopes. Exhibit 6 depicts the proposed
grading plan for this area.
ALICE DAVIS, AICP 1 GLENN HORN, AICP
215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925-6587 • FAX: 970/925-5180
0
Nick Lelack
March 14, 2000
Page 2
LAND USE APPROVALS
On June 28, 1999 the City of Aspen approved Ordinance No. 24 Series
of 1991 which established a procedure and standards for minor PUD
amendments to the Moore Family PUD (see Exhibit 7). Section 4 of
the ordinance states the procedure is intended to address changes
to "elements or conditions of the development permit." This
section of the application demonstrates compliance with the
standards. The standards appear in bold followed by the
applicant's response.
Standard a.
The amendment must be a clarification or a technical correction to
the plat.
Setback Response
It was determined after the construction of the Moore PUD road
system that setback modifications were needed for Block F,
Lots 8e and 9e.
Height Change Response
The proposed tower height is not a plat issue. Tower height
is addressed in the Moore PUD Guide (see Exhibit 3).
Grading and Drainage Response
Grading and drainage is not a plat issue. The County approved
a revised Grading and Drainage Plan in June (Exhibit 5). The
revised Grading and Drainage Plan approved modifications to
grading and drainage adjacent to the affordable housing in
Block C. After completion of the Moore PUD road system it
became clear that there needs to be additional grading for the
buildings proposed for Block F.
Standard b.
The amendment must not change the use of the proposed development
between residential, commercial and tourist accommodations uses.
Setback, Height, Grading and Drainage Responses
Changes in uses are not proposed.
•
•
Nick Lelack
March 14, 2000
Page 3
Standard c.
The amendment must be consistent with action taken during the
review of the original development and does not constitute new land
development activity.
Setback, Height, Grading and Drainage Responses
The level of development activity will be identical to the
activity approved in the Moore PUD land use review. There
proposal will not result in new land development activity.
Standard d.i.
The proposed activity does not change the basic character of the
approved use land on which the activity occurs including the basic
visual appearance and method of operation.
Setback, Height, Grading and Drainage Responses
The proposed amendment does not affect the basic character of
the approved use of land.
Standard d.ii.
The proposed activity does not increase off -site impacts in the
surrounding neighborhood.
Setback, Height, Grading and Drainage Responses
The proposed minor amendments will not result in an increase
in off -site impacts on the surrounding neighborhood.
Standard d.iii.
The proposed activity does not endanger public health, safety or
welfare.
Setback, Height, Grading and Drainage Responses
The proposed amendment does not affect public health, safety
or welfare.
Standard d.iv.
The proposed activity does not substantially increase the need for
on -site parking or utilities, or affect affordable housing
generation.
•
•
Nick Lelack
March 14, 2000
Page 4
Setback, Height, Grading and Drainage Responses
The minor amendment does not affect on -site parking, utilities
or affordable housing generation.
Standard d.v.
The proposed activity does not increase the floor area of the use
by more than two (2) percent or decrease open space on the site by
more than three (3) percent.
Setback, Height, Grading and Drainage Responses
Open space and floor area are not affected by the proposed
amendment.
SUMMARY
The applicant is seeking minor amendments to the Moore PUD to
address technical issues which have come up during the construction
process. The proposed amendment complies with the minor PUD
amendment standards established in City or Aspen Ordinance NO. 24
series of 1999.
The applicant is submitting $ 480.00 with this application as
indicated on the pre-applicaiton summary sheet. The following
Exhibits are attached to this letter for your information.
Exhibit 1: Moore PUD Final Plat sheet 7 of 9.
Exhibit 2: Moore Family PUD second amended Plat.
Exhibit 3: Article VII of the Moore Planned Unit
Development Guide
Exhibit 4: High School Lift: Preliminary Plan Profile
Exhibit 5: Moore PUD Revised Detailed Submission Grading
and Drainage Plan Sheet GD 4
Exhibit 6: Moore PUD Proposed Grading Plan Block F
Exhibit 7: January 4, 2000 letter to Cindy Christiansen
Exhibit 8: Letter from Zoom Flume LLC authorizing Davis
Horn Incorporated to submit a land use
application to the City of Aspen and represent
them in the land use approval process
•
Nick Lelack
March 14, 2000
Page 5
Exhibit 9:
Exhibit 10:
Exhibit 11:
Exhibit 12:
Fee Agreement
City of Aspen Pre -Application Summary Sheet
Land Use Application Form
Vicinity Map
Please contact me at 925-6587 if I can provide any additional
information and or materials. Thank you for your assistance.
Sincerely,
DA S HORN INCORPORATED
f
GLE HORN AICP
Moore
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\ `----- -------------- ---------
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saw
rr.w' enae.
Fnd. Rebor
CN 1/16, Set. 14 C 1/4 Sec. 14 T.10S, R.85W.
rx a w
_ 1aar
GRAPHIC SCALE Lot
21A ,/ 1
W camel
Q m<e - eo ti
Ln Typical Building Envelope
ENGINEERS Nuu REWSION 01 /f BY
- S su..... SCHMUESER GORDON MEYER INC. efR rae �. 932054
118 W. 6th Street, Suite 200 FINAL �tr. S£
G j
M Glenwood Springs, Colorado 81601 The Moore Family PUD n� aorr J1Ju/y98 �0,
SCHMUESER (970)945-1004 (FAX 945-5948)rGORDON METER Aspen, Colorado (9Y0) 925-6727 EH
°y
I
..re pear e,ree, r.o:
N.tn
fq bdkotes "I --t /S n bor and nd pl.atk cap. LS 201M
O bdcntos Faind manmr 4 reborn and cap,
00 indkotn found" mmumnt
O bdkofn set morwmant. /5 rebar and ohrmhum cap, LS 2013J
The record bearbg be! Mee the southeast Coner and Me south 114 or SecUor 11
T.10 S- R 85 W: Bth P.M., is N 89W*W W Or drover on th. 1978 tL1 DUpardent
Rseurwy of paid toenshp ncodsd of P?&b County. Colorado,
SARFEYORS Ci'RIFI047F
4 Shphwn L E7*M a Guy rppW eel Protegoma of Lone ARteyw b
Me State of Cobrooh orb henbY cwbly Not Nis ' SELO D AMENDED
PUT Or THE MOORE E FAIAEY z corrvcyy 1Np+se'Ints Me
Hader of a su vey meat under my ON- nbponotad; wMorv+ 0- and
~ -W-Y - A'spond b amOrdbnce w'M Aftiv 51 rIN. JS
Of Me Cokrpdo RsvNsed Sftfv K and Met MI. Prot contain. oN ft,.
blbmrodon req~ bt, GAbnaio RrWmd Statutes 38--U.Y-209.
Slwvey Prpowon Is 9rv~ Man 1:10,000. Field survey pas cvmpisted f21191W.
Bi-
CYXORA00 RECIVERED PROFES IONM
LAAO SURVEYOR NO. tofu
��- 29
0
h
ell
l�
4Qvi
CS
GRAPHIC SCALE
e x- nor w
(DIrnT)
I Inch - 50 ft
Ca lty Dovdop,nent D#wtar APProwf
This Second Amnded Plot of The Mooe F-Sy P.U.O. has been approved
0evdop�rt oDiacto of Me C1y of Aspr4
M Y
SECOND AMENDED PLA T OF
MOORE FA MIL Y P. U. De A PLANNED COMMUNITY
This plat amends THE MOORE FAMILY PLANNED UNIT DEVELOPMENT, A PLANNED COMMUNITY
of file at- Book 45 at Page 81, in the Office of the Pitkin County Clerk and Recorder.
CERTIFICA RON OF DFDfCA"ON AHD ONNE MW
ZOCMI FLUA C Ur- A DELAWARE !PUNTED LIABILITY COWANY IS RE
OWNER Or CERTAIN LAWS ,N PFMW COUNTY, COLORADO LOCATED NFTMN TIME
410OPE FAMILY PUD ACORONF To TIME PUT 7h%WUr RECCROED ON AUGUST
10, 1998 N PUT BOOK 45 AT PAGE 81, AND THE 'FIRST AMOCO PLAT
OF THE MOORE FAMILY P.U.D." RECORDED ON
1999 M PLAT BOOK _ AT PACE DESCRIBED AS FOLLOWS
LOTS SEE AND DE BLOCK F.
ZOCM/ FLUME LLC IS THE SUCCESSOR AW AS9GAf Or THE DECLARANT AS
PROW
DED II TIME FNAL PLAT AND TIME MASTER DECLARATION Or COVENANTS
CONOMM AND W37WC170C RECORDED ON AUCUST fO fM AS RECODI)O11 No
42048e ('DECLARATION J. Pt1R5(/ANI To THE DECLARA MW A ARTICLE J0I-
'bECURAN/T RE3fRVARON RIGHTS', ZOOM FLUME LLC A DE2AWARE
LANTED LIABILITY COMPANY AS SIGL'ES" AND ASSIGN TO TNOSE DECLARANT
RIGHTS DOES FEREHY DECITE AND RECORD "AS FIRST AMOCO PLAT FOR 'hE
FOLLOWING PURPOSES
(A) ADAIST THE BURDM OfW2 PES OV LOTS BE AND 9L BLOCK F.
(B) AMEND WSEWER EASEMENT N LOT 5E BLOCK F.
THE AMENDMENTS DO NOT AFFECT LOT SIZE OR ANY EAsuivrs
AS SHOWN ON THE PUT Or THE MOORS FAMILY PLO RECORDED ON AUGUST ff;
1998 AN PUT BOOK 45 AT PAGE 81.
Executod this
P1 1
CITY ENGINEERS APPROVAL
This Second Amended Pot of The Moon Fa ly P.UO has been
approved by the Chy or Aa � papart—, or DV,"-h9
Mls r E
,AIM Ann Woods. oh -tor
CRY Engineer
ewa
�-+, �•+..-. SURVEYORS B SCHMUESER GORDON MEYER INC. "u
-
.er+. r....,cr, 118 W. Bth Street, Suite 200 T j 0w' Glenwood Springs, Colorado 81601 The Moore Family P. U.D.
r.e our erw.e w er .r•.r ee or,,.. .r ,,.,,.
.w w. vim+ aw a. epee w Lute„ M (970) 946-1004 (FAX (970) 946-5948)
SCHMAspen, Colorado (970) 92"727
- - GORDON MEYER aamOsam-Ina-pan
Goy of T"g.
ZOOW FUME LLC
a DMneors /mined 11,WMy mrp-,K
by HOWS INTERESTS LAR 70 PAR TNERL#P,
a DMaeae IAnfted PatnaWM1p, - Managing Member,
by HAWS NO DWGS NC,
a 74- capo flo n, oe C—d P. t' r
Robw1 E Oanhl, Lk... eke Prrtldent
rW MOORE FAMILY PLO MASTER ASSXYAROV
INC A COLORADO NON PROFIT CORPORATION
By _
D" r. Romero, P-Adent
LENDERS CERTFICA TE
I and-10b for Itself, Rs -a@--% and O-Igns, as benertaYry of Me. Does
of Trust recwdod on August ft. fM of R-Wtkn No. 42053E hereby consent.
to are noorAp of this FkO Annndod Plot and 19se. Net fro fatdo - N.
w,br nt .f any remedy Pursuant to that deed of bust ehaT bpo►. J,-%*ps.
oyoeseds. Or athereis. effect the eaveranta reerbkrkne and cos h, wfebRh~
h.rh
,LAMES E MOORE FAMILY PARTFERSW LLLP,
o Cakr do AnOod Mbrty BgR.d part rehi,
By
Thro A Moors. General Partner
State of )
)As
county of )
The 'brraft Lo4o's Orttloatbn eae odwaeledged before m. by Thal A Moors
a. Cenrd Pvbrer of the „b E MOORE FAIRY PARMUMAP ULP, a Colorado
nrnhed rO&MY ftMed Patnrshp an this _ •br of I999.
M/bn.ee my hard and %.Ad sea
My o 100A.n eggs
STATE Or )
)�
Kzt/Nrr Or )
The foregoing bsbtsnert eas admoefedged beAln mo this __ day
of 1999, by ZOOV FUME LLC a Defoeare AhAW N bIlly -wang by FIFES
NTEIESTS LARTED PARMUMAtP, a OW -are M,..rtod patnaynix os Yvwpip Merrier,
by NNE'S NOLMOS, INC.P-Nan. . 74,a-P-Nan.. 0--at Panne; by Raba} E Danis., J`,
os We Resident.
WITNESS my hand and ohkid sed.
My vornrnispion .,prep _ -
[SEAL]
Notary Public
STATE Or )
.a
coLlNn OF )
The to sooirg b.bwnsnt Was ocbroModged b.hre me v* _ day
of 1M90, by THE MOORE FAMILY PLO MASTER A,ww TICK NK: A COLORADO NON
PROFIT CORPORA iKLV, by Deopro Ransm .k. oar AseldwrL
W?WSS my hard and oRkid sod.
My canNnission ap,Yse
1-1
Notary Pudk
Notary PuNk
/ hersbY cef** that ' Sft-w d Amended Plot of the Moore Forr117y PUD' was
accept,•l for recording in Me office of the C/m* and Recorder of PUtkin County,
this __ day of 199-0 and is duty recorded In Plat Book _
at Page _ as Reception No. in the Records of
Pitkin County, Colorado.
WHIN COUNTY CLERK ANO RECOPOER
Rrmv& aTE AiY .moo hb. 9J205A-28
Second
aa. br 20 /
Amended Plat SJon20U0
b.r *
GRAPHIC ..CALF
AA A AA
t IneA - 20 Et \\ \GENER& NOMA
\ \ 1. DITKTVNG UTILITY WMWT,DN IS PER RECORD SURVEY DATA
DATED 1z-I-1999 By SCwUCSEA. CORDON. MEYER INC.
6e \ L DOSTMG GRADE INFOR1NDAN ON SHOW ON DRARG WAY "M k
RERECT COSTING GRADE wFORwnON .URRDRLY w FIELD Oh
TO ENRTTAVORN OPMkT10NS CUTRENTLY w PROGRESS. I
EARTNRORR CONTRACTOR SMALL CONTACT CHOW" ROM NY
GRAORAG DKCRDPN,GICS BEFORE IN7ALUMG ANY APwRTEMAW.ES N
/ J NCCESSWO T FOR STM OWNAGE
A, 6 / .-_. ORANAGE STRUCTURES � NR ME DRAM AND
v B44N) ME PER ADS DUAL REFT-
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_ 31 SOE SLOPES
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COMPLETED TO ROUGH SUB GRADE EU'aTIOR.;&P4 SLOPE
_ UTILITIES TO COMPLETE nWL PONYRAY CDMSTRUCFION AND WR 4
!� A _GRADRAG
`eie 35 \ \ S BREW _ (INSTALUATICH BY QARADO �OMMSSiR'iC�•
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PROCTOR. GMMYNG B' OF CLASS e A B C COWACIED TO 9S
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../ -B
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".". t�gT.FF
/AIO FOLLOWTIDCOYNEWA11p15 COMAVED w REPORT. SP[C'nCAnEMTgN SMALL BE PND TO rAADNC AWAYa1 IXin 1/ /_J,_.11 d \\_-'eEXISTING HYDRANTS l R_ -1 ��" ASSEIIBL TO BE 3o v a T2•
ADJUSTED N- • sIE F f 1
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PROPOSED FINISHED BOOR FLEVA^OM Or LVIII, .-�.
lam- PR FG PROPOSED FIN'SMEO GRADE
_ _ - _ - _ _ _. - - _\ _ __ . _ - _ ` � y� I mt�\ - HP PROPOSED
MIG- PONT
O v .E E M7 vUN -
_I LP PROPOSED LC PONT
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PPOPOSEDPROPOSEO DWGEYO
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PROPOSED a OUND•TDN DP•w
-_.�.... _— � �s _. ". _ -� -- ,Py.�-" _ _ i .. - - 41T-� PA _. _ (DarL•.NT TJF IR ' r•l!
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% I _ I _-+- I - - ----Ae"T--------- - -- -- -� G TINGR7.w0 GRACE BREAK r _-.-__-_�, • EYIS R N ELF`:'TOM
1 EkIS•wG _^npCRAPNRC•l EINA+Yw
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WS
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Qi EXISTING VECTM AL SFWCF STUB
® f"ST'NG `1"V.•L GAS STUB
LORY `E179 SCHMUESER GORDON MEYER INC.
��� SURVEYORS 118 W. 8th Street, Suite 200
Glenwood Springs, Colorado 81601
(970) 845-1004 (FAX (870) 845-5848)
SCHM ESER Aapan Colorado (870/ 825 8727
GORDON MEYER Asp Colorado
( 70) 9
Moore Family P. U.D.
Revised
Gra ding & Drain
Plan, Block F
JPb AP- 93205G-05
ter" O 1-21-00
x a OF 2
'!-a' • 0 EXHIBIT 3
MOORE FAMILY
PLANNED UNIT DEVELOPMENT GUIDE
!L1111day
MOORE F ILY PLANNED UNIT DEVELOPMENT GUIDE is made
this of u 7 1998, by the JAMES E. MOORE FAMILY
PARTNERSHIP, LLLP, Colorado limited liability limited
partnership, its s ccesscrs and assigns ("Declarant").
RECITALS
WHEREAS, the Declarant is the owner of all the real property
in Pitkin County, Colorado, described in the Moore Family PUD
Final Plat, recorded on aGusr /d, 1998, in Plat Book q_5at
Page / ("Moore Family PUD Final Plat"), and Lot 2, Parcel A,
the Moore Family Parcel "A" Subdivision, Essential Community
Facilities Exemption Plat, recorded onGus7 /O , 1998, in
Plat :Book � at Page 79 ("Facilities Exemption Plat"),
collectively referred to herein as the "Property"; and
WHEREAS, on April 2, 1997, the Pitkin County Board of County
Commissioners (hereinafter the "Board" or "Pitkin County")
approved the Moore Family Planned Unit Development ( hereinafter
"Moore Family PUDII) Detailed Submission (Site Specific
Development Plan) pursuant to the Pitkin County Land Use Code
(hereinafter "Code"). Section 3-7 of the Code establishes the
Planned Unit Development ( hereinafter "PUD") procedure which
allows variance from the strict adherence to the area and bulk
requirements of underlying zone districts within a PUD; and
WHEREAS, The County has fully considered and approved the
Detailed Submission, as evidenced by Pitkin County Resolution No.
97-75, "Granting Detailed Submission, Planned Unit Development,
Subdivision, Special Review, Ridgeline Review, Growth Management
Quota System Exemptions, and 1041 Environmental Hazard Review
Approvals for the James E. Moore Family Partnership Project
Located Adjacent to the Aspen Public School Campus", recorded on
May 8, 1997, at Reception No. 404234; Pitkin County Ordinance
No. 97-13, Ordinance of the Board of County Commissioners of
Pitkin County, Colorado, Granting Approval of Rezoning from AFR-2
and AFR-10 to AFR-1 for Portions of the Moore Property Located
Adjacent to the Aspen Public School Campus and Amending the
Official County Zoning Maps Accordingly, recorded on June 10,
1997, at Reception No. 405216; Pitkin County Resolution No. 98-
25, Resolution of the Board of County Commissioners of Pitkin
County, Colorado, granting the Moore Family Partnership
Subdivision and Growth Management Quota System Exemptions for
Essential Community Facilities for a 35 Acre Parcel Adjacent to
the Moore Family PUD Subdivision, recorded on February 24, 1997,
at Reception No. 413838; and Pitkin County Resolution No. 98-57,
Resolution of the Board of County Commissioners of Pitkin County,
Colorado, Granting Final Plat Approval for the James E. Moore
- 31111111111111111111111111111111111111111111111111111111
420467 09/10/1996 04:19p PUD DAVIS SILVI
1 of 40 R 201.00 0 0.00 N 0.00 PITKIN COUNTY CO
E T
ARTICLE VIA
HEIGHT LIMITATIONS
1. Dwelling Units. All dwelling units, except those to be
constructed on Lots 25e through 31e, Blockof 2800retFamily PUD
Final Plat, are limited to maximum height
Units. The dwelling units
2, Affordable Housin Dwel Moore Family PUD Final
located on Lots 25e through 31e, Block A,
Plat, are limited to a maximum height of 16 feet.
3. Ski Club Building, The Ski Club building to be located
on Block B, Moore Family PUD Final Plat, is limited to a maximum
height of 28 feet.
4. Ski Lift Towers. The ski lift towers are limited to a
maximum height of 40 feet.
ARTICLE VIII
BUILDING SETBACKS
All development, including grading, shall be contained
within the building envelopes, with the exception of grading
necessary for driveways and driveway retaining
allsa, roadsbermas
depicted on the Detailed Submission grading plans,
and
landscaping in open Space Area 9.
ARTICLE IX
DRIVXWAYS
Driveways, grading associated with driveways and driveway
retaining walls for the sole purpose of driveway construction are
permitted outside building envelopes between the lot access point
and the designated building envelopes. Driveway retaining walls
located outside the building envelope shall not exceed six (6)
feet in height. Stepped -back or terraced wall structures with
ample p:.anting pockets are to be used where grade changes exceed
six feet. Decorative walls located outside the building
envelope, not used for retainage, are prohibited.
ARTICLE
MINIMUM LOT WIDTH
The minimum lot width is established on the Moore Family PUD
Final Plat.
ARTICLE XI
MINIMUM LOT SIZE
Minimum lot size is established on the Moore Family PUD
Final Plat.
- 11111111111111111111111111111111111 IIIIII 1I1 IIIII IIII IIII
420467 08/10/1995 04t19P PUD DAVIS SILYI
7 of 40 R 201.00 0 0.00 N 0.00 PITKIN COUNTY CO
i
ORDINANCE NO.
(Series of 1999)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN,
COLORADO, TO BE KNOWN AND DESIGNATED AS THE "MOORS ,FANIILY PUD"
ANNEXATION.
WHEREAS, on March 29, 1999, the City Manager of the City of Aspen, on behalf of the
City of Aspen, the James E. Moore Family Partnership, LLLP, Mark B Whitson, the Astri
Corporation, Thomas H. Bailey, Robert M. and Nancy L. Beevers, the Zoom Flume LLC,
Kevin L. Patrick, and Patricia Bakur, constituting one hundred percent of the owners of the
property proposed to be annexed did file with the City Clerk of the City of Aspen a Petition for
Annexation of territory to the City of Aspen; and
WHEREAS, on April 12, 1999, the City Council did adopt Resolution No. 30, Series of
1999, finding substantial compliance with Section 31-12-107(1), C.R.S.; establishing May 24,
1999, as the date for a public hearing to determine compliance with Sections 31-12-104 and 31-
�N 12-105, C.R.S.; and authorizing publication of said hearing; and
z
O
a' U WHEREAS, a public hearing was held on May 24, 1999; and
cz
_UY
�z 0-4 WHEREAS, the City Council, by resolution (Number 42, Series of 1999) at its regular
..
�o m
c m meeting on. May 24, 1999, following a public hearing did find and determine said Petition for
Cc
m
�� m Annexation to be in substantial compliance with §§ 31-12-104 and 31-12-105, C.R.S.; and
�co 0
m
=� c WHEREAS, the City Council does hereby find and determine that approval of the
�m
N annexation of said territory to be in the City's best interest; and
2n WHEREAS, Pitkin County granted the owners of the Moore Family PUD land use
-,m
c� o
Ir .4 approvals that have been memorialized in a Subdivision Improvements Agreement and Planned
Unit Development pursuant to the County's Planned Unit Development (PUD) regulations; and
•
•
WHEREAS, the Pitkin County PUD regulations differ slightly from the City's PUD land
use regulations and experience has indicated that on occasion, following an annexation of
property into the City that has received land use approvals in the County, it becomes necessary to
make minor amendments to the Final Plat and PUD; and
WHEREAS, the City Council desires to allow the City's Community Development
Director to approve said minor amendments to the PUD and Final Plat consistent with the
County PUD land use regulations that do not clearly contradict City PUD regulations without the
necessity to amend the City land use regulations or require the applicant to follow needlessly
cumbersome City land use regulations for minor amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1. That the tract of land described in the Petition for Annexation,
commonly referred to as the "Moore Family PUD", and as shown on the annexation map, is
hereby annexed to the City of Aspen, Colorado.
Section 2. The City Clerk of the City of Aspen is hereby directed as follows:
(a) To file one copy of the annexation map with the original of this annexation
ordinance in the office of the City Clerk of the City of Aspen.
(b) To certify and file two copies of this annexation ordinance and of the annexation
map with the Clerk and Recorder of the County of Pitkin, State of Colorado.
(c) To request the Clerk and Recorder of Pitkin County to file one certified copy of
this annexation ordinance and of the annexation map with the Division of Local Government of
the Department of Local Affairs, State of Colorado.
I 111111111111111111 IN 11111111111111111111111111111 IN
3381 07/14/1999 08:44A OROINANC DAVIS SILVI
2 of 3 R 23.00 D 0.00 N 0.00 PITKIN COUNTY CO
2
•
•
Section 3. The City Engineer of the City of Aspen is hereby directed to
amend the Official Map of the City of Aspen to reflect the boundary changes adopted pursuant to
this annexation ordinance.
Section 4. The Community Development Director is hereby authorized to
approve minor PUD amendments to the Moore Family PUD which are intended to change an
element or condition of the development permit; provided, however, that the proposed
amendments are consistent with the following standards:
a. The amendment must be a clarification or a technical correction to a plat.
b. The amendment must not change the use of the proposed development
between residential, commercial and tourist accommodation uses.
C. The amendment must be consistent with action taken during the review of
the original development and does not constitute new land development
activity.
d. The proposed activity does not:
i. Change the basic character of the approved use of land on which the
activity occurs including basic visual appearance and method of operation;
ii. Increase off -site impacts in the surrounding neighborhood;
iii. Endanger public health, safety or welfare;
iv. Substantially increase the need for on -site parking or utilities, or affect
affordable housing generation; and
V. Increase the floor area of the use by more than two (2) percent or decrease
open space on the site by more than three (3) percent.
Section 5. The Community Development Director is hereby authorized to
approve minor plat amendments to the Moore Family PUD; provided, however, that the
proposed amendments are consistent with the following standards:
a. The amendment increases or does not affect the degree of compliance with
land use code standards;
b. The amendment is being made to a recorded plat which has been approved
by the City; and
C. The amendment is consistent with representations made to Pitkin County
during the conceptual and detailed subdivision reviews whichever is
applicable.
111111111111111111 IIII IIIII IIIIII 111111 III 11111 IN III
433361 07/14/1999 08:44A ORDINANC DAVIS SILVI
3 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO
3
•
0
Section 6. That 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 thereof.
Section 7. That this ordinance shall not have any effect on existing litigation
and shall not operate as an abatement of any action or proceeding now pending under or by virtue
of the ordinances amended as herein provided, and the same shall be construed and concluded
under such prior ordinances.
A public hearing on the ordinance shall be held on the 28th day of June, 1999, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the 14th day of June, 1999.
A'"I'EST: 4s �
CR ;'Ci Clerk
111111111111111111 IN 1111111111111111111111111111111 IN
433361 07/14/1999 08:44A ORDINANC DAVIS SILVI
4 of S R 23.00 D 0.00 N 0.00 PITKIN COUNTY CO
a
•
•
FINALLY adopted, passed and approved this day of
1999.
JPW-06/22/99-G:\John\word\ords\moo e. oc'
I Mill Hill 111111111111111111111111111111 Hill lill IN
433361 07/14/1999 08:44A ORDINANC DAVIS SILVI
6 of S R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO
5
Jan-19-00 09:32A yuse6
horn
97025 5180
P_02
January 18, 2000
ZOOM FLUME LLC
BOX 5115
ASPEN, COLORADO 81611
970-920-1710
Nick Lelack
Aspen Pitkin Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Moore PUD: Minor Plat and PUD Amendments
Dear Nick:
Zoom Flume LLC is the developer of the Moore Planned Unit
Development. This letter authorizes Davis Horn Incorporated to
prepare a Plat and PUD land use application on our behalf and
represent us in the City of Aspen land use process.
Thanks.
sincerely,
ZOOM FLUME LLC
RECEIVED TIME JAN.19. 9:35AM PRINT TIME JAN.19. 9:37AM
Jan-19-00 09:32A yuse� horn 979025 5180 P.03
JAN- 11-2000 'WE Ub'r'_J lrrl
ASPIrN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City tit Ape, Development Application Fees
L L
CITY OF ASPEN (hereinafter CITY) and - —
(hcrcinafter APPLICANT) AGREE AS FOLLOWS:
1, APPLICANT hu< submitted to CITY an appliea pon for
(hereinafter, THE PROJECD-
? APPLICANT understands and aorces that City of Aspen Ordinance No. 49 (Series of 1999)
establishes a foc suttcrure for Land Use applications and the payment of all processing fees is a condition precedent
to a dctewiTunahon of application completeness.
3. APPLICANT and CITY agree chat because of the size, nanrie or scope of the proposed project, it
is not possible at this time to asceruiil the full extent of the costs involved in processing the applicntion.
APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT hike payment of an
initial deposit rind to thereafter permit additional costs to be billed to APPLICANT on a monthly baeis.
APPLICANT agrees additional costs may accrue following their hearings and/or :approvals. APPLICANT agrees lie
will he benefited by retaining greater cash liquidity and wilt make additional payments upon notification by the
CITY when they are necessary as costs are incurred, ary agrees it will be benefited through the groAtcr certainty
of n:covering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable far CITY staff to Complete
processing or present sufficient information to the Planning Commission and/or City Council to enabla the Planning
Commission and.ior City Council to make legally required fiodigrs for project consideration, unleis current billings
are paid icr full prior to decision.
5. Therefore, APPLICANT agr.cs that in consideration of the CITY's waiver of its right to collect
full fees prior to a dcternlintitioll of application eornplctcncss, APPLICANT shall pay nn initial deposit in the
amotuu of 3_4q� which is for Z . ._ hours of Community Developnu nt staff time, and if nctuttl
recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse
the CITY for the processing of the application mentioned above, including post approval review. Such rcri0dic
payments shall be made within 30 days of the billing date. APPf.TCANT further agrees than faihtre to pay such
acaucd costs shall be grounds for suspension of processing, and in no case will building permits be issued until All
cost, associated with case processug have been paid.
C11,V OF ASPEN APPLICANT
C Lt<L
Dim: 0
By:
Julie Ann Woods
Community Development Director
L':\c upportltorms�rgrpayes.do c
1 ZR7/99
Mailing Address:
1�3, p k g l I S
w1drs
RECEIVED TIME JAN.19. 9:35AM PRINT TIME JAN.19. 9:37AM
JAN-11-2000 TUE 05:21 PM FAX NO. P. 01
10
CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Nick Lelack, 920-5095
DATE: January 11, 2000
PROJECT: Minor PUD Amendments & Minor Plat Amendments to the
Moore Family PUD
REPRESENTATIVE: Glenn Hom, 925-6587
TYPE OF APPLICATION: Minor PUD Amendment, Minor Plat Amendment
DESCRIPTION: The applicant would like to make minor plat amendments to the
Moore Family PUD to (1) amend the recorded plats in order to
modify building envelopes in Block F to account for grading for
the affordable housing units, and to make a minor PUD
amendment (2) to the PUD Guide to permit minimal grading
outside the building envelopes for the affordable housing units in
Block F, and (3) to increase the permitted height of the lift tower
from 40 feet to 50 feet.
Address Applicable Sections of the Land Use Code & Ordinance 24, Series of 1999
Land Use Code
Chapter 26.304, Common Development Review Procedures.
Section 26.480.060(A)(3) and (B), Final Plat requirements.
Ordinance 24, Series of 1999
This ordinance established review criteria to evaluate minor PUD amendments and minor plat
amendments for the Moore Family PUD. These criteria must be addressed in the application.
Section 4 . The Community Development Director is hereby authorized to approve minor PUD
amendments to the Moore Family PUD which are intended to change an element or condition of
the development permit; provided, however, that the proposed amendments are consistent with
the following standards:
a. The amendment must be a clarification or a technical correction to a plat.
b. The amendment must not change the use of the proposed development between
residential, commercial and tourist accommodation uses_
c. The amendment must be consistent with action taken during the review of the original
development activity.
d. The proposed activity does not:
JAN-11-2000 TUE 05:21 PM FAX NO. 0
P. 02
i. Change the basic character of the approved use of land on which the activity
occurs including basic visual appearance and method of operation;
H. Increase off -site impacts in the surrounding neighborhood;
iii. Endanger public health, safety or welfare;
iv, Substantially increase the need for on -site parking or utilities, or affect affordable
housing generation; and,
v. increase the floor area of the use by more than two (2) percent or decrease open
space on the site by more than three (3)perccnt.
Section S. The Community Development Director is hereby authorized to approve minor plat
amendments to the Moore Family PUD; provided, however, that the proposed amendments are
consistent with the following standards:
a. The amendment increases or does not affect the degree of compliance with land use
code standards;
b. The amendment is being made to a recorded plat which has been approved by the
City; and
c. The amendment is consistent with representations made to Pitkin County during the
conceptual and detailed subdivision reviews whichever is applicable.
Review by:
Community Development Department.
Public Hearing:
No.
Referral Agencies:
None.
Planning Fees:
Plaiting Deposit ($480)
Referral Agency Fees:
None,
Total Deposit:
S480 (additional planner hours beyond the 2.5 covered by the deposit
shall be billed at a rate of S 195/hour).
To apply, submit the following information:
The application will be considered incomplete and returned to the applicant unless ALL of the
following information is submitted in full.
1. Proof of ownership
2. Signed fee agreement
3. Applicant's name, address and telephone number in a letter signed by the applicant which
states the nanic, address and telephone number of the representative authoriTed to act on
behalf of the applicant.
4. 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.
5_ Total deposit for review of the application
6. 3 Copies of the complete application packet and maps.
HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = 1 /ea.; Planning Staff = 2
7. An 8 '/2" by 1 V vicinity map locating the parcel within the City of Aspen.
JAN-11-2000 TUE 05:22 PM FAX NO. • P. 03
�v
8. Site improvement survey including topography and vegetation showing the current status,
including all easements and vacated rights of way, of the parcel certified by a registered land
surveyor, licensed in the state of Colorado.
9. A written description of the proposal and an explanation in written, graphic, or model form
describing how the proposed development complies with each of the review standards
relevant to the development application. Please include and clearly indicate existing
conditions as well as proposed.
10. Copies o1'prior approvals, including but not limited to existing plats.
I I . Copies of proposed plats.
12. All other materials required pursuant to the submittal requirements packets.
In the event that you should have any questions regarding the foregoing, please do not hesitate to
contact Nick Le)acic of the Community Development Department at 920-5095.
The foregoing summary is advisory only and is not binding on the City. The opinions
contained herein are based on current zoning and regulations, which are subject to
change in the future, and upon factual representations that may or may not be
accurate. The summary does not, in any way, create a legal or vested right.
JAN-11-2000 TUE 05:22 PM
•
FAX NO. •
LAND USE APPLICATION
P. 04
C
PROJECT:
APPLICANT:
l
Name:
Location:
Name: �o.�:4— turr,C- Lc-L — r'1�-r--
Address: o t S e•� CJ
Phone #: 9ZC,) - 1 -7 1 ()
REPRESENTATIVE:
Name: � (c ►lrl Horn _
Address: `Z ► S S 1"1 un O r�, h — , -r IL-1
Phone #: {} I �� f / Gl Z S — G SK 7
TYPE OF APPLICATION: (please check all that apply):
❑
Conditional Use
❑
Conceptual PUD
❑
Conceptual Historic Devt_
❑
Special Review
Final PUD (& PUD Amendment)
❑
Final Historic Development
❑
Design Review Appeal
❑
Conceptual SPA
Minor Historic Devt.
❑
GMQS Allotment
❑
Final SPA (& SPA Amendment)
❑
Historic Demolition
❑
GMQS Exemption
0
Subdivision
❑
Historic Designation
❑
ESA - 8040 Greenline, Stream
❑
Subdivision Exemption (includes
❑
Small Lodge Conversion/
Margin, Hallam Lake Bluff,
condominiumization)
Expansion
Mountain View Plane
❑
Lot Split
❑
Temporary Use
E (Other:
❑
Lot Line Adjustment
❑
Text/Map Amendment
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
C X ( 4• -T -r-ter'
Have you attached the following? FEES DUE: S
❑ Pre -Application Conference Summary � s
❑ Attachment #1, Signed l ec Agreement
❑ Response to Attachment #2, Dimensional Requirements Form n o
❑ Response to Attachment #3, Minimum Submission Contents
❑ Response to Attachment #4, Specific Submission Contents
Response to Attachment #5, Review Standards for Your Application
r •
v
RESOLUTION NO.
(SERIES OF 2000)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING OF THE MOORE FAMILY PLANNED UNIT
DEVELOPMENT MINOR AMENDMENT AND FINAL PLAT MINOR
AMENDMENT, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Department received an application
Zoom Flume LLC, represented by Glenn Horn of Davis Horn, Inc., for Planned Unit
Development (PUD) and Final Plat minor amendments to reduce the front and rear yard
setbacks for Lots 8e and 9e, Block F, from 20 Jeet to 12 feet, increase the height of the lift
towers from the Moore PUD High -School Ski Lift from 40 feet to 50 feet, and revise the
Grading and Drainage Plan for Block F; and,
WHEREAS, Ordinance No. 24, Series of 1991, approved the Moore Family
PUD, and established a procedure and standards for minor PUD and Plat amendments to
the Moore Family PUD; and,
WHEREAS, pursuant to Section 26.445 of the Land Use Code, the Planning and
Zoning Commission may approve minor Planned Unit Development and Plat amendments
during a duly noticed public hearing after considering a recommendation from the
Community Development Director and considering comments from the general public; and,
WHEREAS, the Community Development Department reviewed the Project and
recommended approval with conditions; 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, has reviewed and considered the recommendation from the Community
Development Director, and has taken and considered public comment at a public hearing; and,
WHEREAS, during a duly noticed public hearing on March 21, 2000, the Planning
and Zoning Commission approved, by a _ to _ L-� vote, approved minor amendments to
the Moore Family PUD and Final Plat; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN ,
PLANNING AND ZONING COMMISSION as follows: f LAO 6 w oG 1 Qyulkv—
Pursuant to the procedures and standards set forth in Title 26 of the�Aspen Municipal Code, the &-*1
Moore Family Planned Unit Development and Final Plat minor amendment is approved '
subject to the conditions of approval described hereinafter. A q�cx_
Conditions of Approval:
1. The Moore Family PUD Guide amendments shall be recorded within 180 days of
the final approval by the Planning and Zoning Commission.
Moore Family PUD Amendment 7
Planning and Zoning Commission, March.21, 2000
•
2. The Moore Family PUD Plat shall be recorded within 180 days of the final approval
granted by City Council and shall include:
a. A final plat meeting the requirements of the City Engineer and showing easements,
encroachment agreements and licenses with reception numbers for physical
improvements and parking spaces within City rights -of -way , location of utility
pedestals, and a note stating that a witness corner will be installed on the north east
corner of the property after completion of construction.
d. A drainage plan, including an erosion control plan, prepared by a Colorado licensed
Civil Engineer which maintains sediment and debris on -site during and after
construction. If a ground recharge system is required, a soil percolation report will be
required to correctly size the facility. A 2-year storm frequency should be used in
designing any drainage improvements.
3. The PUD Agreement and the Final PUD Plans shall be recorded prior to an application
for a building permit may be accepted by the Building Department.
4. The building permit application shall include:
a. A copy of the final Ordinance and recorded P&Z Resolution.
b. The conditions of approval„ for the Minor PUD. printed
on the cover page of the building permit set.
c. A completed tap permit for service with the Aspen Consolidated Sanitation District.
d. A tree removal permit as required by the City Parks Department and any approval
from the Parks Department Director for off -site replacement or mitigation of removed
trees.
f. A completed agreement to join any future improvement districts formed for the
purpose of constructing improvements in adjacent public rights -of -way.
5. Prior to issuance of a building permit:
a. The primary contractor shall submit a letter to the Community Development Director
stating that the conditions of approval have been read and understood.
b. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative
agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those
fees shall be payable according to the agreement.
6. The applicant shall abide by all noise ordinances. Construction activity is limited to the
hours between 7 a.m. and 7 p.m.
7. Before issuance of a building permit, the applicant shall record the Planning and Zoning
Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza
Moore Family PUD Amendment
Planning and Zoning Commission, March 21, 2000
0. 0
Building. There is a per page recordation fee. In the alternative, the applicant may pay this
fee to the City Clerk who will record the resolution.
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 or City Council, are hereby
incorporated in such plan development approvals and the same shall be complied with as if
fully set forth herein, unless amended by an authorized entity.
Section 3:
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 4:
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 thereof.
APPROVED by the Commission at its regular meeting on March 21, 2000.
APPROVED AS TO FORM:
City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
PLANNING AND ZONING COMMISSION:
Robert Blaich, Chair
Moore Family PUD Amendment 9
Planning and Zoning Commission, March 21, 2000
0 0 rt:� �PAT C
Davis Horn -
March 14, 2000 PLANNING & REAL ESTATE CONSULTING
Nick Lelack
City of Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Moore Family Planned Unit Development: Plat and Planned Unit
Development Amendment
Dear Nick:
Davis Horn Incorporated represents the Zoom Flume LLC ("applicant")
in this land use application. As you know, Zoom Flume LLC, is the
successor in title to the James E. Moore Family Partnership. Zoom
Flume LLC, is the ("developer") of the Moore Family PUD. This land
use application seeks the following land use approvals.
Setback Change - The applicant requests approval for a
minor Plat Amendment to the Moore Family PUD Plat to
adjust setbacks for two affordable housing unit lots
located in Block F (Lots 8e and 9e). Exhibit 1 depicts
the Moore Family PUD Final Plat sheet 7 of 9. The final
Plat shows Lots 8e and 9e have 20 foot rear and front
yard setbacks. Exhibit 2, the Moore Family PUD second
amended Plat, shows 12 foot front and rear yard setbacks
for these lots. This represents setback reductions of
eight feet for the front and rear yards.
Height Change - The applicant requests a minor amendment
to the Moore Planned Unit Development Guide (PUD Guide)
to allow taller lift towers for the Moore PUD High School
Ski Lift is requested. Article VII of the Moore Planned
Unit Development Guide limits lift towers to a height of
40 feet (see Exhibit 3). Exhibit 4 is a preliminary plan
profile of the High School Lift. The bottom seven towers
are located within the Moore PUD. The preliminary plan
profile indicates the highest tower tube will be 45.93
feet tall. The applicant requests the PUD Guide be
amended to permit a maximum lift tower height of 50 feet.
This will allow some flexibility between preliminary and
final lift design.
3. Grading & Drainage - The applicant requests approval of
a revised Grading and Drainage Plan for Moore PUD, Block
F. Exhibit 5 is a copy of the approved Moore PUD Grading
and Drainage Plan ("Revised Detailed Submission). The
Plan does not show any grading outside of the Block F
building envelopes. Exhibit 6 depicts the proposed
grading plan for this area.
ALICE DAVIS, AICP I GLENN HORN, AICP
215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925-6587 • FAX: 970/925-5180
M
•
Vicinity Ifav
N.7:s:
SURVEYORS CERTIFICATE
1, 57EPHEN L. EHLERS, A DULY REGISTERED PROFESSIONAL
LAND SURVEYOR IN THE STA7F OF COLORADO, DO HEREBY CERTIFY THAT THIS
PLAT OF " 7-HE MOORE FAMILY PUD, A PLANNED COMMUNf7Y" 7RULY AND
CORREC7LY REPRESENTS THE RESULTS OF A SURVEY MADE UNDER MY DIRECT
RESPONSIBILITY, SUPERVISION AND CHECKING, WHICH SURVEY WAS PREPARED
IN ACCORDANCE W H AR77CLE 51 OF TITLE 38 OF THE R£V1SED
STATUTES, AND THAT THIS PLAT CONTAINS ALL THE PEOUIRED
BY COLORADO REVISED STA7UTES J8-33 3-2;jal
�°;
DATE. 3 vtc r >< l998 J
COLOR4DOFW1S7XREDJ PROFESSIONAL
LAND SURNO. 20133
T177 E EXAMINERS CER77F1C4TF
4 V—A2/1u g. AmT1+&L-Vr. AS TiT%Ajjj4N4(&(L OF LAND 777L£
GUARANTEE COMPANY, INC. DO HEREBY CER77FY THAT I HAVE CAUSES
EXAMINATION TO RF MAnr OF TNF PP()PFP7v ANn RAS'Fn nN rraAT
Beginning at the N
being relative to a
the northeast come
centerline,- thence
north line of a par
the Pitkin County re
the following six (6
1) S 7J-5t
2) S JJ'1:
J) S 19-0,
4) S J55;
5) S 191.11
6) N 7J'S:
south centerline of
centerline S 00'15.
the SWI14NE114 o
feet to the southwc
line of said N1/2S
the east line of so
Section 14, N 00'1.
Section 14, thence
N 00'03'43' E; IX
of said Section 14;
Section 14, S 89 5-
SE114NE114 Sectio.
of Section 14, N 0
comer of said NW7
southeast comer of
east line of said W
feet to a point on
Road; thence along
thence S 6FO2'11 '
way S 0157"49' £
feet; thence 136.0
having a radius of
subtending a chord
N 84 2200' E 33.0
non —tangent to the
angle of 1.T0100'
21.54 feet; thence
the left, having a r
.i8'482J' and subs
feet; thence S JO"J
43.00 feet; thence
the left, having a r
19*1957' and subl
feet; thence S 11'1.
J81.08 feet,- thence
S O0'06O8' E 968..
thence 401.J6 feet
left, having a rodiu.,
subtending a chord
3 f 2, JVV P�, l o� R ''4_ 'A"'�
ACTION: Amendment of PUD Development der
Required for: Any change which is inconsistent with a condition or
representation of the project's original approval or which requires
granting a variation from the project's approved use or dimensional
requirements.
The amendment must be a clarification or a technical correction of a plat.
The amendment must not change the use of the proposed development
between residential, commercial and tourist accommodation uses.
The amendment must be consistent with action taken during the review
of the original development acitivity.
The proposed activity does not:
Change the basic character of the approved use of land on which
the activity occurs including basic visual appearance and method
of operation;
Increase off -site impacts in the surrounding neighborhood.
Endanger the public health, safety or welfare;
Substantially increase the need for on -site parking or utilities, or
affect affordable housing mitigation, and
Increase the floor area of the use by more than two percent or
decrease open space on the site by more than three percent.
Davis Horn -
January 20, 2000PLANNING & REAL ESTATE CONSULTING
Nick Lelack
City of Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Moore Family Planned Unit Development: Plat and Planned Unit
Development Amendment
Dear Nick:
Davis Horn Incorporated represents the Zoom Flume LLC ("applicant")
in this land use application. As you know, Zoom Flume LLC, is the
successor in title to the James E. Moore Family Partnership. Zoom
Flume LLC, is the ("developer") of the Moore Family PUD. This land
use application seeks the following land use approvals.
1. setback Change - The applicant requests approval for a
minor Plat Amendment to the Moore Family PUD Plat to
adjust setbacks for two affordable housing unit lots
located in Block F (Lots 8e and 9e). Exhibit 1 depicts
the Moore Family PUD Final Plat sheet 7 of 9. The final
Plat shows Lots 8e and 9e have 20 foot rear and front
yard setbacks. Exhibit 2, the Moore Family PUD second
amended Plat, shows 12 foot front and rear yard setbacks
for these lots. This represents setback reductions of
eight feet for the front and rear yards.
2. Height Change - The applicant requests a minor amendment
to the Moore Planned Unit Development Guide (PUD Guide)
to allow taller lift towers for the Moore PUD High School
Ski Lift is requested. Article VII of the Moore Planned
Unit Development Guide limits lift towers to a height of
40 feet (see Exhibit 3). Exhibit 4 is a preliminary plan
profile of the High School Lift. The bottom seven towers
are located within the Moore PUD. The preliminary plan
profile indicates the highest tower tube will be 45.93
feet tall. The applicant requests the PUD Guide be
amended to permit a maximum lift tower height of 50 feet.
This will allow some flexibility between preliminary and
final lift design.
3. Grading & Drainage - The applicant requests approval of
a revised Grading and Drainage Plan for Moore PUD, Block
F. Exhibit 5 is a copy of the approved Moore PUD Grading
and Drainage Plan ("Revised Detailed Submission). The
Plan does not show any grading outside of the Block F
building envelopes. Exhibit 6 depicts the proposed
grading plan for this area.
ALICE DAVIS. AICP , GLENN HORN, AICP
215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, CCLGRADO 31611 • 970/925-658FAX: 970/925-5180
•
•
Nick Lelack
January 21, 2000
Page 2
On January 4, we submitted a letter to Cindy Christiansen
requesting a minor modification to the Master Deed Restriction
Agreement for the Occupancy and Resale of the Moore Family Project
(hereinafter "Agreement"). Cindy has suggested the request may
require action by the Community Development Department and/or the
City Council. Our January 4, letter request is included in this
land use application by reference. The letter appears as Exhibit
7.
LAND USE APPROVALS
On June 28, 1999 the City of Aspen approved Ordinance No. 24 Series
of 1991 which established a procedure and standards for minor PUD
amendments to the Moore Family PUD (see Exhibit 7, Attachment 2).
Section 4 of the ordinance states the procedure is intended to
address changes to "elements or conditions of the development
permit." This section of the application demonstrates compliance
with the standards. The standards appear in bold followed by the
applicant's response.
Standard a.
The amendment must be a clarification or a technical correction to
the plat.
Setback Response
It was determined after the construction of the Moore PUD road
system that setback modifications were needed for Block F,
Lots 8e and 9e.
Height Change Response
The proposed tower height is not a plat issue. Tower height
is addressed in the Moore PUD Guide (see Exhibit 3).
Grading and Drainage Response
Grading and drainage is not a plat issue. The County approved
a revised Grading and Drainage Plan in June (Exhibit 5). The
revised Grading and Drainage Plan approved modifications to
grading and drainage adjacent to the affordable housing in
Block C. After completion of the Moore PUD road system it
became clear that there needs to be additional grading for the
buildings proposed for Block F.
1 0 •
Nick Lelack
January 21, 2000
Page 3
Standard b.
The amendment must not change the use of the proposed development
between residential, commercial and tourist accommodations uses.
Setback, Height, Grading and Drainage Responses
Changes in uses are not proposed.
Standard c.
The amendment must be consistent with action taken during the
review of the original development and does not constitute new land
development activity.
Setback, Height, Grading and Drainage Responses
The level of development activity will be identical to the
activity approved in the Moore PUD land use review. There
proposal will not result in new land development activity.
Standard d.i.
The proposed activity does not change the basic character of the
approved use land on which the activity occurs including the basic
visual appearance and method of operation.
Setback, Height, Grading and Drainage Responses
The proposed amendment does not affect the basic character of
the approved use of land.
Standard d.ii.
The proposed activity does not increase off -site impacts in the
surrounding neighborhood.
Setback, Height, Grading and Drainage Responses
The proposed minor amendments will not result in an increase
in off -site impacts on the surrounding neighborhood.
Standard d.iii.
The proposed activity does not endanger public health, safety or
welfare.
Setback, Height, Grading and Drainage Responses
•
•
Nick Lelack
January 21, 2000
Page 4
The proposed amendment does not affect public health, safety
or welfare.
Standard d.iv.
The proposed activity does not substantially increase the need for
on -site parking or utilities, or affect affordable housing
generation.
Setback, Height, Grading and Drainage Responses
The minor amendment does not affect on -site parking, utilities
or affordable housing generation.
Standard d.v.
The proposed activity does not increase the floor area of the use
by more than two (2) percent or decrease open space on the site by
more than three (3) percent.
Setback, Height, Grading and Drainage Responses
Open space and floor area are not affected by the proposed
amendment.
SUMMARY
The applicant is seeking minor amendments to the Moore PUD to
address technical issues which have come up during the construction
process. The proposed amendment complies with the minor PUD
amendment standards established in City or Aspen Ordinance NO. 24
series of 1999.
The applicant is submitting $ 480.00 with this application as
indicated on the pre-applicaiton summary sheet. The following
Exhibits are attached to this letter for your information.
Exhibit
1:
Moore PUD Final Plat sheet 7 of 9.
Exhibit
2:
Moore Family PUD
second amended Plat.
Exhibit
3:
Article VII of
the Moore Planned Unit
Development Guide
Exhibit
4:
High School Lift:
Preliminary Plan Profile
Exhibit
5:
Moore PUD Revised
Detailed Submission Grading
and Drainage Plan
Sheet GD 4
Nick Lelack
January 21, 2000
Page 5
Exhibit 6: Moore PUD Proposed Grading Plan Block F
Exhibit 7: January 4, 2000 letter to Cindy Christiansen
Exhibit 8: Letter from Zoom Flume LLC authorizing Davis
Horn Incorporated to submit a land use
application to the City of Aspen and represent
them in the land use approval process
Exhibit 9: Fee Agreement
Exhibit 10: City of Aspen Pre -Application Summary Sheet
Exhibit 11: Land Use Application Form
Exhibit 12: Vicinity Map
Please contact me at 925-6587 if I can provide any additional
information and or materials. Thank you for your assistance.
Sincerely,
D 3 HORN INCORPORATED
GLEbtb9HOPJi1 AICP
Moore
L-1
•
ATTACHYEMT 1
MASTER DEED RESTRICTION AGREEMENT
FOR THE OCCUPANCY AND RESALE
OF THE MOORE FAMILY PROJECT
THIS MASTER DEED RESTRICTION AGREEMENT FOR THE OCCUPANCY AND RESALE OF
(PROJECT) (the "Agreement") is made and entered into this 10th day of August, 1998, by the James E.
Moore Family Partnership, LLLP, a Colorado limited liability limited partnership (hereinafter referred to as
"Declarant"), for the benefit of the parties and enforceable by the ASPEN/PITKIN COUNTY HOUSING
AUTHORITY (hereinafter referred to as "APCHA"), a duly constituted multi -jurisdictional Housing Authority
established pursuant to the AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT by and
between the City of Aspen, Colorado (the "City") and Pitkin County, Colorado (the "County"), dated
September 26, 1989 and recorded in Book 605 at Page 751 of the records of the Pitkin County Clerk and
Recorder's Office.
WIT NESSETH:
WHEREAS, Declarant owns the real property described in Exhibit "A" attached hereto and
incorporated herein. For purposes of this Agreement, the real property and all dwellings, appurtenances,
improvements and fixtures associated therewith shall hereinafter be referred to as the "Property"; and
WHEREAS, as a condition of the approval granted by the Board of County Commissioners of Pitkin
County, Colorado, Resolution Numbers 95-30 and 98-57, for subdivision approval of the Property, the
Declarant is required to enter into this Agreement; and
WHEREAS, Declarant agrees to restrict the acquisition or transfer of the Property to "Qualified
Buyers," as that term is defined in this Agreement, who fall within the Categories as stated in "Exhibit B", and
as stated in each individual Memorandum of Acceptance, established and adopted by the APCHA from time
to time in it's Affordable Housing Guidelines. In addition, the Declarant agrees that this Agreement shall
constitute an initial sales price based on the Aspen/Pitkin County 1998 Affordable Housing Guidelines
and the terms and provisions controlling the resale of the Property. Finally, by this Agreement, Declarant
restricts the Property against use and occupancy inconsistent with this Agreement; and
WHEREAS, there are a total of 31 units. Of these 31 units, two Category 3-three-bedroom units,
one_Category 4fourrbedroom unit to be allocated to qualifying employees of the Aspen Valley_ Hospital
District; two Resident Occupied four -bedroom units, two Category 4 three -bedroom units, and four Category
3 three -bedroom units to be allocated to the Aspen School District; and two Category 3 three -bedroom units
to be allocated -tom -It one Category 4 four -bedroom unit,
seven Category-4—three—bedroom ubts—and-ten Cat -three -bedroom units —.The remaining 18 units will
be. sold_ina_lottery s stem through the APCHA; and
WHEREAS, "Qualified Buyers" are natural persons meeting the income, residency and all other
qualifications set forth in the Aspen/Pitkin County Housing Authority Affordable Housing Guidelines
(hereinafter "the Affordable Housing Guidelines"), or its substitute, as adopted by the APCHA, or its
successor, except as otherwise provided in Exhibit "B", and in effect at the time of the closing of the sale to
the Qualified Buyer, and who must represent and agree pursuant to this Agreement to occupy the Property
as their sole place of residence, not to engage in any business activity on the Property, other than that
permitted in that zone district or by applicable ordinance, and not to sell or otherwise transfer the Property, for
use in a trade or business.
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WHEREAS, an -Owner' is a person a- cr.r_: r v:iri --/ere a Qualtfed Buyer who acquires an
ownership interest in the Property in cGmpllaPc,: wftn thr� ti'rn_. and provisions of this Agreement; it baing
understood that such per3on or persons sha!! D-�; an 'Owner` hereunder only during the penod of
his, her or their ownership interest in tf�e Prcpen",and c a': re cNinated hereunder for the full and complete
ped rrnance, and observance of all covenrllitr, Lmrid,,:cnc ar;- restrctions contained herein during such
period.
WHEREAS, a 'UniP Is any of the unas !=iee cn L�;rs Zoo through 31e, Block A: tots 17e through
24e, Block C, Lots 10e through 166, Block D" s:a Lct_, 1e L�reu'ah 9e, Block F which comprise the property,
and which each until will be stipulated in a sepa.-ato of Acceptance.
NOW, THEREFORE, for value re�;ol d,, "ie reoeipt and suffcc uncy of which is hereby
acknowledged, Declarant hereby represents, ccvciant_ anc sgrees as follows (the units set aside for the
Aspen School District and Aspen Valley hosDitz:i mi4 nue fc,law the same restrictions, but these entities
wlli have right of first refusal to resell one cf t^esa unity- Lo an c--ncloy% of their choice as long as Income and
asset guidellnes are met, and oc=pancy
1. The use and occupancy of the Property shall hentrorort, be limited excJusivety to housing for natural
persons who meet the definition of Cuaiified BuvErs and their `amUfes.
2. An Owner, in connection with the purer we e ynn Prcpeay or Unit, must_ a) occupy any Unit within
this Property as his or her sole ptac�e c; res pence c::nng vie time that such unit is awned; b) not
engage in any business acttvvity on cr -n suzh Unit, other than permitted in itt8t zone district or by
applicable ordinance; c) sell or otharw!se transfer sum, Unit orgy in accordance with this Agreement
and the Affordable Housing Guideline:; ) nct sal c- c?.-,erwise transfer such Unit for use in a trade
or business; a) not permlL any use or cc :=Znc ' c' such Unit except in compllance with this
Agreement; and f) continue to bo err,p,oya: a:; , e: oy the applicable APCHA Guidelines.
It shall be a breach of this reemer,L for Owner to default in payments or other obligations
due or to be performed L;:7ce: a pmr*.:--ory note secured by a first deed of trust
encumbering the Property a• a U; wt. Ov.- �e_ must nothsi the APCHA, to writing, of any
notification received from a !ender, or its a signs, of past due payments or default in
payment or other obligations dui cr to b-3 nEra-rned under a promissory note secured by a
first deed of trust, as descr;re:, five calendar days of Owner's notification from
lender, or its assigns, of sale dclQuit or oac, duo payments.
b. Upon notification from Owner. as providec above, or other notice of such default, the
APCHA may offer loan coun5".7r, cr distressed loan services to the Owner, If any of these
services are available, and - enttt: to require the Owner to sell the Property or a Unit to
avoid the commencement c' any fa^r,: ^,cure prcceeding against the Property or a Unit_ In
the event that the APCi IP. eeterrnint_s that :ale of the Property or a Unit is necessary,
Owner shall immedlately exEcut a standard Listing Contract on forms approved by the
Colorado Real Estate Comrntsion wrin the APCHA, providing for a 30-day listing period. At
that time, the Owrior shall ceDoL:1 w,tr, Zhu AP-ZHA an amount equal to one percent (1 %) of
the estimated value of the U I:, tf & ccnt-act has not been executed within the initial
30-day period, Owner she" ex;ond thc! period for an additional 150 days, provided
such extension does m, ocr, ,~ vriin tho statutory rights of any secured creditors, The
APCHA shall promptly !h�j F-rouerty for sale by competitive bid to Quallflod Buyers.
At the time of closing, the Cr-oincr ;nr_'; to � APCHA an additional one percent (I %), for
a maximum fee of two perG�r.' ,'2 =A) in the wont of a listing of the Property pursuant to this
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Paragraph 3, the APCHA is entitled to require the Owner to accept the highest of any
qualified bids which satisfies the Owner's financial or other obligations due under the
promissory note secured by a first deed of trust and any deed of trust in favor of the APCHA,
as described herein, and to sell the Property to such qualified bidder.
Upon receipt of notice as provided in paragraphs 3a and b, the APCHA shall have the right,
in it's sole discretion, to cure the default or any portion thereof. In such event, the Owner
shall be personally liable to APCHA for past due payments made by the APCHA together
with interest thereon at the rate specified in the promissory note secured by the first deed of
trust, plus one percent (1%), and all actual expenses of the APCHA incurred in curing the
default. The Owner shall be required by APCHA to execute a promissory note secured by
deed of trust encumbering the Property in favor of the APCHA for the amounts expended by
the APCHA as specified herein, including future advances made for such purposes. The
Owner may cure the default and satisfy it's obligation to the APCHA under this
subparagraph at any time prior to execution of a contract for sale, upon such reasonable
terms as specified by the APCHA. Otherwise, Owner's indebtedness to the APCHA shall be
satisfied from the Owner's proceeds at closing.
4. This Agreement shall constitute covenants running with the Property, as a burden thereon, for the
benefit of, and shall be specifically enforceable by the APCHA, the City Council for the City (the "City
Council"), the Board of County Commissioners for the County (the "County"), and their respective
successors and assigns, as applicable, by any appropriate legal action including but not limited to
specific performance, injunction, reversion, or eviction of non -complying owners and/or occupants.
5. In the event that an Owner desires to sell the Property or Unit, the Owner shall execute a standard
Listing Contract on forms approved by the Colorado Real Estate Commission with the APCHA
providing for a 180-day listing period, or such other time period as required by the APCHA Affordable
Housing Guidelines in effect at time of listing. At that time, the Owner shall deposit with the APCHA
an amount equal to one percent (1 %) of the estimated value of the Unit. The APCHA shall promptly
advertise the Property or Unit for sale by competitive bid to Qualified Buyers. At the time of closing,
the Owner shall pay to APCHA an additional one percent (1%), for a maximum fee of two percent
(2%). If FNMA type financing is used, there may be a fee charged by the APCHA based on the
amount financed. The amount of this fee, which is to be paid by the subsequent Owner, shall be as
set forth in the current Affordable Housing Guidelines and will be distributed to the APCHA Mortgage
Fund Account.
MAXIMUM RESALE PRICE
In no event shall the Property or a Unit be sold for an amount ("Maximum Resale Price") in excess of
the lesser of:
a. $_I—, plus an increase of three percent (3%) of such price per year from the date of purchase
to the date of Owner's notice of intent to sell (prorated at the rate of .25 percent for each
whole month for any part of a year); or
b. an amount (based upon the Consumer Price Index, All Items, US City Average, Urban
Wage Eamers and Clerical Workers (Revised), published by the US Department of Labor,
Bureau of Labor Statistics) calculated as follows: the Owner's purchase price divided by the
Consumer Price Index published at the time of Owner's purchase stated on the Settlement
LOvner's purchase prlc•_. recorded on a separate Memorandum of Acceptance for each individi.._ unit.
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Statement, multiplied by thr; ,n . ; ., r;;iRent at the date of intent to sell. In no
event shall the multiplier bc; -=(;r purposes of this Agreement, "date of
intent to sell" shall be the CLt�, r,; ,3 listing contract when required by this
agreement, or if a listing conm:c; r;,;_; necessary, the date shall be determined to
be the date upon which a reeulrr;r :n: r;- `_-),ner to sell is first applicable.
NOTHING HEREIN SHALL BE CONSTPUEL TC CONSTITUTE A REPRESENTATION OR
GUARANTEE BY THE APCHA OR THE ::;T` 7=1_,71 Ota RESALE THE OWNER SHALL OBTAIN
THE MAXIMUM RESALE PRICE.
7. Determining Maximum Resale Price:
a. For the purpose of determininc ;r, ' :;;; -, ; ;esaie Price in accordance with this Section,
the Owner may add to the arrcL:�: :ec; : c Paragraph 6 above, the cost of Permitted
Capital Improvements (as cefrnec E;:n::,;: in a total amount not to exceed $ 2_ which
is ten percent (10%) of the irnt L' price set forth in paragraph 6a above. In
calculating such amount, only those P='.t.ec Capital Improvements identified in Exhibit "C"
hereto shall qualify for incus,on. tee— nitted Capital Improvements installed or
constructed over the life of ;: e nil Lr !; ::iiV. However, the allowance permitted by this
subsection is a fixed amount, :,n:cr. ce cac;:iated on a'cumulative basis applicable to
the owner and all subsequent pur nas�rs. Inc snail not exceed the maximum dollar amount
set forth in this subsection 7a.
b. Permitted Capital Improvements -•,a!i rct rc:u,:e any changes or additions to the Property
made by the Owner during cc^s:r�c cr. c- t:-e-eafter, except in accordance with Paragraph
7a above. Permitted Capita: ! -,c-c re- cr,;s c- afl not be included in the APCHA's. listed
purchase price, even if made c.:r - : er;ginal construction.
C. In order to qualify as Pen,lttec Cac:;-. .7::-cvements, the Owner must fumish to the
APCHA the following inferma;;en a; :z ;ne improvements which the Owner seeks
to include in the calculation cf Price:
1) Original or duplicate rece:�:;s Zc %'Pnr.' :;-,e actual costs expended by the Owner for
the Permitted Capita!
2) Owner's affidavit verlryinq tr.at t .= rece;ots are valid and correct receipts tendered at
the time of purchase; a7,z
3) True and correct copies : n;: ,.c:r; permit or certificate of occupancy required
to be issued by the ,;::: P ;: •,r Building Department with respect to the
Permitted Capital Imo.
d. For the purpose of determin n : :. .r 7 � :aie Price in accordance with this Section,
the Owner may also add to the in Paragraphs 6 and 7a, the cost of any
permanent improvements constrL:.: c r,; as a result of any requirement imposed by
any govemmental agency, prnv;;.�c certification is provided to the APCHA of
both the applicable requiremi :ni :.* •r•: ".: :..:, �n required by Paragraph 7c, 1) - 3).
101 o: r.r. u• c_ 1 gales price; ,rrhun of Acceprar.__, for earn unit.
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42048° DEAD RED DAVIS SILVI
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e. In calculating the costs undo Paragraphs 7a and 7d, sweat equity shall be added under the
following conditions:
1) Information regarding the actual physical labor by the owner based on 80% of the
average amount of TWO bids for the work approved by the Housing Office.
2) That the work needs to be done under supervision of a qualified certified
tradesperson for the work that was done by the owner.
8. All disputes between the Owner and the administrative staff of the APCHA shall be heard in
accordance with the grievance procedures set forth in the Affordable Housing Guidelines.
9. Owner shall not permit any prospective buyer to assume any or all of the Owner's customary closing
costs nor accept any other consideration which would cause an increase in the purchase price
above the bid price so as to induce the Owner to sell to such prospective buyer.
10. In the event that one qualified bid is received equal to the Maximum Resale Price herein established,
the Property shall be sold to such bidder at the Maximum Resale Price; and in the event Owner
receives two or more such bids equal to the Maximum Resale Price, the Qualified Buyer shall be
selected according to the priority for Sale Units set forth in the Affordable Housing Guidelines; and, in
the event that more than one such qualified bidder is of equal priority pursuant to the Affordable
Housing Guidelines, the Qualified Buyer shall be selected by lottery among the qualified bidders of
the highest priority, whereupon the Property or Unit shall be sold to the winner of such lottery at the
Maximum Resale Price. If the terms of the proposed purchase contract, other than price, as initially
presented to the owner, are unacceptable to the Owner, there shall be a mandatory negotiation
period of three (3) business days to allow the Seller and potential buyer to reach an agreement
regarding said terms, including but not limited to, the closing date and financing contingencies. If,
after the negotiation period is over, the Seller and buyer have not reached an agreement, the next
bidder's offer will then be presented to the Seller for consideration and a three (3) business day
negotiating period will begin again. The seller may reject any and all bids, however, the Owner is
subject to the provisions in the Affordable Housing Guidelines pertaining to the listing fee. Bids in
excess of the Maximum Resale Price shall be rejected. If all bids are below Maximum Resale Price,
Owner may accept the highest qualified bid. If all bids are below Maximum Resale Price and two or
more bids are for the same price, the Qualified Buyer shall be selected by lottery from among the
highest qualified bidders.
11. In the event that title to the Property or a Unit vests by descent in individuals and/or entities who are
not Qualified Buyers as that term is defined herein (hereinafter "Non -Qualified Transferee(s)"), the
Property or Unit shall immediately be listed for sale as provided in Paragraph 5 above (including the
'payment of the specified fee to the APCHA), and the highest bid by a Qualified Buyer, for not less
than ninety-five percent (95%) of the Maximum Resale Price or the appraised market value,
whichever is less, shall be accepted; if all bids are below ninety-five percent (95%) of the Maximum
Resale Price or the appraised market value, the Property or Unit shall continue to be listed for sale
until a bid in accordance with this section is made, which bid must be accepted. The cost of the
appraisal shall be paid by the Non -Qualified Transferee(s).
a. Non -Qualified Transferee(s) shall join in any sale, conveyance or transfer of the Property or
Unit to a Qualified Buyer and shall execute any and all documents necessary to do so; and
b. Non -Qualified Transferee(s) agree not to: 1) occupy the Property or said Unit; 2) rent all or
any part of the Property or Unit, except in strict compliance with Paragraph 15 hereof; 3)
engage in any other business activity on or in the Property or Unit; 4) sell or otherwise
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420489 08/11/1998 10:08A DEED RES DAVIS SILVI
transfer the Property or Unit +.��;-. ;;�r;-„I- ;� r,with this Agreement and the Affordable
Housing Guidelines; or 5) sell r,r •,U, :r:n .c: ; '.ic:r the Property or Unit for use in a trade or
business.
C. The APCHA, the City, the Ccunri, cr thr:ir rep !�cctive successors, as applicable, shall have
the right and option to purcnas; tr.F: 7- er , ;r Unit, exercisable within a period of fifteen
(15) calendar days after receipt _n,,, _&es offer submitted to the APCHA by a Non -
Qualified Transferee(s), and in •r. , :: ,..r,: "' _-cl;ing their right and option, shall purchase
the Property or Unit from the Ncn-rLucllfetl Transferees) for a price of ninety-five percent
(95%) of the Maximum Resale trice, or the aozraised market value, whichever is less. The
offer to purchase shall be mace oy the Non -Qualified Transferee within fifteen (15) days of
acquisition of the Property or Unit.
d. Where the provisions of this the APCHA may require the Owner to rent
the Property or Unit in accordance,,,,,:;, ;;ons of Paragraph 15, below.
OWNER RESIDENCE ANID EMPLOYMENT
12. The Property and all Units shall be anc is�are ;c be a:,;:zec only as the sole and exclusive place of
residence of an Owner.
13. In the event Owner changes domicile o- ceases to utilize the Property or Unit as his sole and
exclusive place of residence, or ceases ;c oe a ful!-time employee in accordance with the applicable
APCHA Guidelines, the Property or Un:, will be cue-ec for sale pursuant to the provisions of
Paragraph 5 of this Agreement. Owner shall be deemed to have changed Owner's domicile by
becoming a resident elsewhere or accepting cer--:a:nent employment outside Pitkin County, or
residing on the Property or Unit for fewer ;~an rnne 19'i mepths per calendar year without the express
written approval of the APCHA, or by ceSsing to be - `UI!-time employee. Where the provisions of
this Paragraph 13 apply, the APCHA may recuir e :he Owner to rent the Property or Unit in
accordance with the pr�_visions of Paracrccn 15, oe!ow.
14. If at any time the Owner of the Proper;,, c- unit Disc o,::ns any interest alone or in conjunction with
others in any developed residential orczer or dwelling unit(s) located in Eagle, Garfield, Gunnison
or Pitkin Counties, Owner agrees to immeciate!,r list said other property or unit for sale and to sell
Owner's interest in such property at a saves price ccm::arable to like units or properties in the area in
which the property or dwelling unit(s) are located. In 'he event said other property or unit has not
been sold by Owner within one hundred r„enty (1,20) s of its listing, then Owner hereby agrees to
immediately list this Property or Unit fc- sale pursuant to the provisions of Paragraph 5 of this
Agreement. It is understood and agreed _-tureen the parties hereto that, in the case of an Owner
Whose business is the construction and sae of residential properties or the purchase and resale of
such properties, the properties which ccr -_;itute inventory in such an Owner's business shall not
constitute "other developed residential prccerty" or "dwelling unit(s)" as those terms are used in this
Paragraph 14.
RENTAL
15. Owner may not, except with prior written ;;;rrr:: i r;t thr: APCHA, and subject to APCHA's conditions
of approval, rent the Property or Unit for ,irr ;; :r; , ; of time. Prior to occupancy, any tenant must be
approved by the Homeowner's Assoc;,: ,r ;;;I;r,;:;lg and the APCHA in accordance with the
income, occupancy and all other qu;ilific:, , r, ; ,,,.+ by the APCHA in its Affordable Housing
Guidelines. The APCHA shall not ap;;r,, /•: :. .;rrn rental is being made by Owner to utilize
the Property or Unit as an income r�rru;+:r;;; ; ; :.r;r.pt as provided below, and shall not approve
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420489 ?,bl' : -* ME— mpVIS ;ILVI
a lease with a rental term in excess of twelve (12) months. A signed copy of the lease must be
provided to the APCHA prior to occupancy by any tenant. Any such lease approved by the APCHA
shall show the length of the lease and the monthly rent. The monthly rent cannot exceed the
Owner's costs, which include the monthly expenses for the cost of principal and interest payments,
taxes, property insurance, condominium or homeowners assessments, utilities remaining in owner's
name, plus an additional twenty dollars ($20) and a reasonable (refundable) security deposit.
The requirements of this paragraph shall not preclude the Owner from sharing occupancy of the
Property or Unit with non -owners on a rental basis provided Owner continues to meet the obligations
contained in this Agreement, including Paragraph 12.
16. IN NO EVENT SHALL THE OWNER CREATE AN ADDITIONAL DWELLING UNIT, AS DEFINED
IN THE PITKIN COUNTY OR CITY OF ASPEN LAND USE CODES, IN OR ON THE PROPERTY.
17. NOTHING HEREIN SHALL BE CONSTRUED TO REQUIRE THE APCHA TO PROTECT OR
INDEMNIFY THE OWNER AGAINST ANY LOSSES ATTRIBUTABLE TO THE RENTAL,
INCLUDING (NOT BY WAY OF LIMITATION) NON-PAYMENT OF RENT OR DAMAGE TO THE
PREMISES; NOR TO REQUIRE THE APCHA TO OBTAIN A QUALIFIED TENANT FOR THE
OWNER IN THE EVENT THAT NONE IS FOUND BY THE OWNER.
BREACH
18. In the event that APCHA has reasonable cause to believe the Owner is violating the provisions of
this Agreement, the APCHA, by it's authorized representative, may inspect the Property or Unit
between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Owner
with no less than 24 hours' written notice.
19. The APCHA, in the event a violation of this Agreement is discovered, shall send a notice of violation
to the Owner detailing the nature of the violation and allowing the Owner fifteen (15) days to cure.
Said notice shall state that the Owner may request a hearing before the APCHA Board of Directors
within fifteen (15) days to determine the merits of the allegations. If no hearing is requested and the
violation is not cured within the fifteen (15) day period, the Owner shall be considered in violation of
this Agreement. If a hearing is held before the APCHA, the decision of the APCHA based on the
record of such hearing shall be final for the purpose of determining if a violation has occurred.
REMEDIES
20. There is hereby reserved to the parties hereto any and all remedies provided by law for breach of
this Agreement or any of its terms. In the event the parties resort to litigation with respect to any or
bll provisions of this Agreement, the prevailing party shall be entitled to recover damages and costs,
including reasonable attomeys' fees.
21. In the event the Property or Unit is sold and/or conveyed without compliance herewith, such sale
and/or conveyance shall be wholly null and void and shall confer no title whatsoever upon the
purported buyer. Each and every conveyance of the Property or Unit, for all purposes, shall be
deemed to include and incorporate by this reference, the covenants herein contained, even without
reference therein to this Agreement.
22. In the event that the Owner fails to cure any breach, the APCHA may resort to any and all available
legal action, including, but not limited to, specific performance of this Agreement or a mandatory
injunction requiring sale of the Property or Unit by Owner as specified in Paragraphs 3, 11, 13, and
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420489 08/11/1998 10:08A DEED RES DAVIS SILVI
14. The costs of such sale shall I;f: r;i ,-: . ;;:;,, i.,, ;,rr;ceeds of the sale with the balance being
paid to the Owner.
23. In the event of a breach of any of the term,-, .crr!t ons contained herein by the Owner, his heirs,
successors or assigns, the APCHA's !n!,:3! i! ;ec c:;rch;:se Price of the Property or Unit as set forth in
Paragraph 6a of this Agreement shall, I.;;(; "', • ' such breach as determined by the APCHA,
automatically cease to increase as set cut ;n Jeragrapn 6 of this Agreement, and shall remain fixed
until the date of cure of said breach.
FOR0 S U R E
24. If FNMA -type financing is used to pure, ease tr ,e 7-repertv or Unit, as determined by the APCHA, the
APCHA and the Board may, pursuant :o thzt ce;—,ain CDmion to Purchase executed and recorded at
the time the Memorandum of Accep:ar,ca � executed and recorded, the terms of which are
incorporated in this Agreement by this refer::�ce as if fully set forth herein, agree to release and
waive their ability to enforce the resale deed rec;,-',ct:ens contained herein, in the event of foreclosure,
provided that said Option to Purchase grants :o the APCHA and the Board, as the designee of the
APCHA, the option to acquire the Prccerry or Unit within thirty (30) days after the issuance of a
public trustee's deed to the holder (inc,uc: 3ss;_ns of the holder) of the promissory note secured
by a first deed of trust for an option cr:c r ; to exceed the redemption price on the last day of all
statutory redemption penod(s) and any ace t:c: �a! reascnable costs incurred by the holder during the
option period which are directly related :c the foreclosure.
In the event that APCHA or the Board, aS the cescnee of the APCHA, exercise the option pursuant
to the terms of that certain Option to Euy. cescr;cec aeove, the APCHA and/or its -designee, may sell
the Property or Unit to Qualified Buyers as ::erm is defined herein, or rent the Property or Unit to
qualified tenants who meet the income. cccuoar cy and all other qualifications, established by the
APCHA in its Affordable Housing Guiee;.r.es nri sale to a Qualified Buyer is effected.
GENERAL PROVISIONS
25. Notices. Any notice, consent or appre'. n ,',r.: 77 s -cuired to be given hereunder shall be given by
mailing the same, certified mail, retur77 rec,:estec, property addressed and with postage fully
prepaid, to any address provided herein cr :c any suosequent mailing address of the party as long
as prior wntten notice of the chance cf address has been given to the other parties to this
Agreement.
Said notices, consents and approvais snai! to sent to the parties hereto at the following addresses
unless otherwise notified in writing:
To Declarant: James %1core F3m!iy Partnership, LLLP
c/o Kaufman end Peterson, P.C.
31 F�;t H./rnar.. �.u!te 305
Asoer-..
To APCHA: AsaenrPl:Kin, , Housing Authority
530 ;: ',1�!r., Lowf;r Level
f;1 1
To Owner:
To oe determined by a later reccrde,i r. ._ . rr- umrerinq eact, individual Unit.
Master Deed reet:ict.en
f'agc rf
11111111111191,Lia, !II'. �I� I !IIlII III IIIII IIII IIII
420489 08; ' : ' �r_� ngvTC CTi vT
26. Exhibats. All exhibits attached hereto (Exhibits "A", "B" and "C") are incorporated herein and by this
reference made a part hereof.
27. Severability. Whenever possible, each provision of this Agreement and any other related document
shall be interpreted in such a manner as to be valid under applicable law; but if any provision of any
of the foregoing shall be invalid or prohibited under said applicable law, such provisions shall be
ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions
of such document.
28. Choice of Law. This Agreement and each and every related document is to be govemed and
construed in accordance with the laws of the State of Colorado.
29. Successors. Except as otherwise provided herein, the provisions and covenants contained herein
shall inure to and be binding upon the heirs, successors and assigns of the parties.
30. Section Headings. Paragraph or section headings within this Agreement are inserted solely for
convenience of reference, and are not intended to, and shall not govem, limit or aid in the
construction of any terms or provisions contained herein.
31. Waive. No claim of waiver, consent or acquiescence with respect to any provision of this
Agreement shall be valid against any party hereto except on the basis of a written instrument
executed by the parties to this Agreement. However, the party for whose benefit a condition is
inserted herein shall have the unilateral right to waive such condition.
32. Gender and Number. Whenever the context so requires herein, the neuter gender shall include any
or all genders and vice versa and the use of the singular shall include the plural and vice versa.
33. Personal Liability. Owner agrees that he or she shall be personally liable for any of the transactions
contemplated herein.
34. Further Actions. The parties to this Agreement agree to execute such further documents and take
such further actions as may be reasonably required to cant' out the provisions and intent of this
Agreement or any agreement or document relating hereto or entered into in connection herewith.
35. Modifications. The parties to this Agreement agree that -any modifications of this Agreement shall be
effective only when made by writings signed by both parties and recorded with the Clerk and
Recorder of Pitkin County, Colorado. Notwithstanding the foregoing, the APCHA reserves the right
to amend this Agreement unilaterally where deemed necessary to effectuate the purpose and intent
'of this Agreement, and where such unilateral action does not materially impair the Owner's rights
under this Agreement.
36. Owner and Successors. The term "Owner" shall mean the person or persons who shall acquire an
ownership interest in the Property or Unit in compliance with the terms and provisions of this
Agreement; it being understood that such person or persons shall be deemed an "Owner" hereunder
only during the period of his, her or their ownership interest in the Property or Unit and shall be
obligated hereunder for the full and complete performance and observance of all covenants,
conditions and restrictions contained herein during such period.
IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year
above first written.
Mauer Deed Restriction I 11111111111111111111111111111111111111111111111111 IN Faqir '1
420489 08/11/1998 10:08A DEED RES DAVIS SILVI
9 of 14 R 71.00 D 0.00 N 0.00 PITKIN cmINTv rn
DECLARANT:
JAMES E. MOORE FAMILY PARTNERHSHIP,
LLLP, a Colorado limited liability limited partner.;;,:;;
By:
Thomas A. Moore, General Partner
STATE OF COLORADO
ss.
COUNTY OF PITKIN
ct-l\_
The foregoing instrument was acknowiec . c e re :-:e this ! C day of August, 1998, by Thomas
A. Moore, General Partner of the James E. '.:_ ... ,- �armership, LLLP, a Colorado limited liability
limited partnership.
Witness my hand and official seal.
My commission
JANICE L. JOHNSON
NOTARY PUBLIC
o STATE OF COLORADO L �,
,%1y Commission Expires 4/15/2000 'gyp;p, �lu'LbliC •'7C
ACCEPTANCE BY THE ASP=', = 7KIt! Ci "q TY HOUSING AUTHORITY
The foregoing Master Deed Restriction ,' reemen: =or the Occupancy and Resale of the Moore
Family Project of the Aspen/Pitkin County Hous:r,,u;nor:r; a7d its terms are hereby adopted and declared
by the Aspen/Pitkin County Housing Authority,
THE ASPEN;IN HOU G AUTO = R!T�'
By: ✓
edutive-9irector CqT
STATE OF COLORADOss. COUNTY OF PITKIN )The foregoing instrument was ackno,ri!e� :ced ��etcr� me thisday of
Tolen, Executive Director of the Aspen/Pitkin Cc;u .: riou:: nr: ,,utnonty.
Witness my hand and official seal; my ccrrm,s:.ion e/pires:
'Si1GSYTNLOf.Of
ve
Haster Deed ;,estrictlon
1111! Hill[ I," 10
420482 :,L/ _ NVIS SILVI
•
0
EXHIBIT " B"
ALLOCATION OF AFFORDABLE HOUSING LOTS
The Affordable Housing Lots will be established as either Category 3, Category 4, or Resident Occupied,
upon the issuance of a building permit for the respective lots, which category designation shall be set forth in
the individual Memorandum of Acceptance between the qualified buyer and the Aspen/Pitkin County Housing
Authority. Below is the allocations of the 31 affordable housing lots.
4
3.
4
The following Affordable Housing Lots are allocated for purchase by the Aspen School District:
1 RO
4-bedroom
within Block D
1 RO
3-bedroom
within Block F
2 Category 4
3-bedroom
within Block F
3 Category 3
3-bedroom
within Block C
1 Category 3
3-bedroom
within Block A
The Aspen School District will have the right of first offer for any of these specific units, which may
come available for resale. If an owner of one of these units is no longer employed with the Aspen
School District, that owner retains the right of ownership as long as that owner is a qualified
employee of Pitkin County, or retires as specified in the Affordable Housing Guidelines. Further
qualifications and restrictions are set forth in the Memorandum of Understanding Between the Aspen
School District and the James E. Moore Family Partnership, LLLP, recorded on August 10, 1998, at
Reception No. gzlogq L__
The following Affordable Housing Lots are allocated for purchase by the Aspen Valley Hospital:
Category 3
3-bedroom
within Block C -
Category 3
3-bedroom
within Block A
Category 4
3-bedroom
within Block F
The Aspen Valley Hospital will have the right of first offer for any of these specific units, which may
come available. for resale. If an owner of one of these units is no longer employed with the Aspen
Valley Hospital, that owner retains the right of ownership as long as that owner is a qualified
employee of Pitkin County, or retires as specified in the Affordable Housing Guidelines.
The following Affordable Housing Lot is allocated for purchase by the Manager of the Moore Family
PUD:
Category 3 3-bedroom within Block C
The following Affordable Housing Lot is allocated for purchase by a Moore Family member:
Category 3 3-bedroom within Block F
The Moore Family will have the right of first offer for this specific unit to another member of the
Moore family, who is employed in Pitkin County or retired as specified in the Affordable Housing
Guidelines. The Moore Family member must qualified according to employment, but does not have
to meet income, assets or occupancy requirements.
Master Deed Restriction
uniii nisi mni uuu mii iii mini iii nine iu in
Faye 12
•
0
5
EXHIBIT "C" (continued)
The following Affordable Housing Lots arr: ;ubiF.rt to thr: general lottery procedure established by the
Aspen/Pitkin County Housing Authority:
3 Category 3
3-bedroom
within Block C
1 Category 3
3 bedroom
within Block D
5 Category 3
3-bedroom
within Block A
1 Category 3
-bedroom
within Block D
2 Category 4
3-bedroom
within Block D
4 Category 4
3-bedroom
within Block F
2 Category 4
4-:)eoroom
within Block D 4
Master DeeU 'r•ert[r:c':_r: I Ililll I�III ��I��I Illlli .��illl �I� I�Ii�ll III "III I'I I"I 20489 08/11/13°t DEED RES DAVIS SILVI
12 of 14 P. 7:. *P P r'ITKIN COUNTY CO
Page 13
0
•
EXHIBIT "C"
Permitted Capital Improvements
1. The term "Permitted Capital Improvement' as used in the Agreement shall only include the following:
a. Improvements or fixtures erected, installed or attached as permanent, functional, non -
decorative improvements to real property, excluding repair, replacement and/or
maintenance improvements;
b. Improvements for energy and water conservation;
C. Improvements for the benefit of seniors and/or handicapped persons;
d. Improvements for health and safety protection devices;
e. Improvements to add and/or finish permanent/fixed storage space; and/or
f. Improvements to finish unfinished space.
2. Permitted Capital Improvements as used in this Agreement shall NOT include the following:
a. Landscaping;
b. Upgrades/replacements of appliances, plumbing and mechanical fixtures, carpets and. other
similar items included as part of the original construction of the unit;
C. The cost of adding decks and balconies, and any extension thereto;
d. Jacuzzis, saunas, steam showers and other similar items;
e. Improvements required to repair, replace and maintain existing fixtures, appliances,
plumbing and mechanical fixtures, painting, carpeting and other similar items; and/or
f. Upgrades or addition of decorative items, including lights, window coverings and other
similar items.
3. All Permitted Capital Improvement items and costs shall be approved by the APCHA staff prior to
being added to the Maximum Resale Price as defined herein.
Maker Deed Restrlctlon
Page 14
o
v..r a
`,1
p
or ow n
Vicinity .Vav
N. l:.5:
suRVFYOR's Cmm4fE
I. 57EPHEN L DIUWS, A DULY R£GIS7t7TED PROFFSS/OAW.
LAND SURVEYOR /N THE STATE OF COLORADO, DO HEREBY CERTIFY THAT 7HIS
PUT OF "THE MOORE FAMKY PUD, A PUNNED COMMUNITY TRULY AND
COR9EC77Y REPRESENTS 7HE RESUL IS OF A SURVEY At40E UNDER MY DIRECT
RESPOA IB/UTY, SUPOMS/ON AND CHECKING, WHICH SURVEY WAS PREPARED
IN ACC0R64NCE WITH ARTICLE 51 OF TITLE J8 OF 7HE RENSED
STATUTE'S AND 7FNT THIS PUT CONTAINS ALL IF/E�i A ffl�£OU/RED
BY COLORADO REK-10 STATUTES J8-M..J-209 tt �{- .,Arta i"5�< -
L147E 3 Ruwcr�
COLO :R$f./S ID: PROFESSIONAL
[AND SURIEW NO. 201J3
777E DGWl�NiR S CERI7FIC47F
f.1AI�.l AA Kn , NYtkE4..AM As-T?U&A044f.F(L OF iwo T,TLE
GUARANTEE COMPANY, IIJC DO HEREBY CER77FY 7FNT / HAVE CAUSED AN
£X.URAW7IOV TO BE MADE OF 7HE PROPERTY AND BASED ON THAT
£XAMINA770N• 1HE DAMES E MOORE FAMILY 840?7NERSH/P ULP, A COLORADO L/M/T£D
LABILITY UNITED PAR7NERSHIP IS THE OWNER IN FEE" SIMPLE OF 7HE
PROPERTY FREE AND CLEAR OF ALL UENS AND ENCUMBRANCES EXCEPT AS
SHOWN AND DESCRIBED ON THIS PUT, WHICH WOULD ADVERSELY EFFECT THE
INTENDED USE OF 7FIE PROPERTY TO WHICH DEDIC477ONS ARE MADE TO THE
PUBLIC ,r�J''��
a47ED 71E 1� a4Y OF ubb4 -r 1998.
STATE OF COLOR400 )
1 5s
COUNTY OF P/IK1N )
ACANpTHE FORE�GO£IFN0GRFMLE DC4MI ER' £RDf7UTE HAS £N OU
BY Lb 01'C • //vcTAG THIS
�.v� 0 � el -
OF LAND rME GuAmAN7E£ COMPANY
WITNESS MY HNO AND (AC SFAL.
MY COMMISSION EXPIRES
-
JAMC7' I. 1pHNSON-i
NOTARY PUBLIC I
- It AT OI rOLORAOO 7 NOTARY BL,C �- -
TI-IL' MOORE FAMILY PLANNED UNIT REVEL OPI/f/VT,
A PLANNED COMMUNITY
A Parcel of Land Situated in the #'1/,ZST11's1` of Section 11 and
the /V#r1z-11U1/� S1/,ZNF1/4 of Section 14, Township 10 South, Range M Nest
th
of e Saxth Prtncapal mendian,
County of Pitkzn, State of Colorado
AifACiMEid1'
1. TK4T THE ,EWES E. MOORE FAMILY PARTNERSHIP LUIR A COLORADO UNfTED LUB/U1Y LIMITED
PARTNERSHIP ("DECLARANT') IS THE OWNER OF THAT REAL PROPERTY 51TU47ED /N PIIKIN COUNTY
Cot
017A00 ANO LYING W77HIN THE EXTERIOR SOUNO4RY OF ..THE MOORE FAMILY PUD, A PUNNED COMMUN/lY•
A SUBOWS/ON OF PARCEL B, THE MOORE FAMILY DMS/ON PUT RECORDED ON 1998 IN PUT BOOK _ AT PAGE _, COUNTY OF PITKIN, STATE OF COLORADO ("PROPERTY f, BEING MORE
PAR77CULAR DESCRIBED AS FOLLOWS:
Beginning at the N114 comer of said Section 14, with al/ beonngs
being relative to a bearing of S 89'55'4B" E between N714 comer and
the northeast coma of said Secti617 14; thence piano sold north -south
cenlenine; thence S 00'15J9' £ 202.50 feel to a point an the
north line of o parcN of land described in Book JJl at Page 62J Of
the Pitkin County recnrdr, theme along the boundary of said parcel
the following sii (6) courser.
1) S 7-r5909 E 210.00 feet thence
2) S J,7'15'79' & 115.00 feet-, thence
J) S 1905J9' E, 140.00 feet; thence
4) S J555J9' 120.00 feel; theme
5) S /9'10J9' & 150.9J feet, theme
6) N 7J'5909' W 44705 feet to a point on said north -
south centerhn. of Secboi? 14; thence 0" said north -south
centerline S 00/5J9" E 2040.97 feet to the southwest comer of
the SWI14NE114 0l said Section 14; thence S 00'15J9" £, 1JJ6.71
feet to the southwest caner of the N1/2SE1/4; thence along fee south
tiro of said M112SE114 of Section 14, S 89'075J' E, 2621.80 feet to
the east line of said Section 14; thence a/ona said east fine of
Section 14, N DO'15W- E 1J61.77 feet to the E114 comer of said
Section 14, theme cov7tmuirg oAarg said wool Ghe of Section it,
N 000J'4J' 1JIB.69 legit to the northeast comes of the S£1/4NE114
of said Section 14; thence olam7 the nwih /he of said SE114NE114
Section 14. S 89'54'18" W, U20.59 feet to the northwest comer of said
SE114N£114 Secbcn 14, thence alone the east lane of the NW114NE114
of Section 14, N 000608' W, IM2.50 feet !o the northeast
comer of said NW1/4NE114 of Section 14. said point being also the
southeast comer of the W1125E1/4 mid Section 11; thence along the
east line of said W112SE114 of Section I N 00*0401, E. 1471. IJ
feet to a point on the southerly right -of -ray H'ne of Morton Creek
Rood, thence a/ug said light-ol-way S 8T58J4' W, 5797 ;eet-
thence S 88'02'71' W "..00 feet thence /eavlg said nq.N-o1-
way S 0157"49" E 14174 feet the- N 4J'04'00' E 28.45
feet; theme IM06 feet along the are of a curve to the right,
having o radius of 180.00 feet a central eng/e of 4.T7636" and
subtending a chord bearing S 6741J2' W /J286 feet.- theme
N 8422"010' E M-04 feet theme 21.58 feet alwq the or: of a
ran-tongenl to the right having o bus Of 9500 feet, a central
angle Of 1SD100; and subtending a thud peeling S 62'4950" W
21.54 feet thence 216.74 feet olorg the arc of a reverse curve to
the left, having o royus of J20.00 feet, a central angle of
-W4823" and subtend'r7p a chard bearing S 49'S609" W 21162
feet thence S JPJ7'S8 W 100.97 feet; thence S 5978102" E
4J.00 feet theme 160.95 a" the arc of a non-tangen: curve to
the left, having o radius of 477.00 feet. a central ongie of
19*1957". and subtending a chord bearing S 20'51'59' W. 160. 19
lest; theme S 11'1100' W 5J.98 feet, • theme S 7209'17' E
381.08 feet; theme S OM04 Ol " W 826.35 feet, theme
S 00'06'08' E 96B.52 feet; then S 8758'0I" W 1J0.01 feet
theme 401.J6 feet along the on: of a non-tongentol curve to the
left, having a radius of JS181 feet a central angle of 64*59Y6" and
subtending a chord booing S 74'4245" W 380. 18 feet' theme
135.78 feet along the arc of O compound curve to the left, having
O radius of 130,00 feet, a central angle of 6B'J9 JS" and
subtenoing o Chord beating S 075J'05- W 146.63 feet ft,,,
16.70 feet along the arc of a reverse curve to the right, having a
radius of 1500 feet. radius merino, angle of 6-r47'41' and subrendinq
o chord bearing S 05'1707" W 13.85 feet- thence S J7'2058' W 6.59
feet.- thence S 46-06JJ- W 59.52 feet; thence S 57J901" £ M84 feet.-
thence 64.40 feet along the am of a non-tonge„t curve to the
right. ha"in79 a radius of 95.00 feet O central angle of
JB'50- avid subtending a chord beonng S LrIJ46' E 6J. IB
feet., thence 149.99 lest along the arc of a compound curve to the
right having a radius of 185.86 feet, a central angle of
46'14'18" and subtendiny a chord bearing S 09'IBJB" W 145.96
feet; thence S 372547 W 57.J7 feet; theme 86.15 feet a"
the arc of o curse to the light having o radius of 230.00 feet, a
central angle of 2177'40" and subtending o chord bearing
S 4-rO9J7- W 85.65 feet, thence S 5T51'2Y W 154.44 feet thence
74.40 feet along the arc of a curve to the loft bOW11 o radius of
260.00 feet. and a central angle of 16'1J'44" avid subtenoing O chard
asanno b ♦J JY H w ram. 10 reef: theme S J/!r J( w 4Lea tear;
thence S 1570'40'' W 797.7J feet thence N 0074 0J" W 547.25 feet
theme N 1T58J4E 611.17 feet; theme N 01-06,12' E 225.J7
Met.' thence 148. 7J feet along the arc of a curve to the right,
having o radius of 215.00 feet, a central angle of J9'2828; avid
subtending a chord bearing N 20.5026- E 145_21 feet; theme
N J95822' E 67.02 feet,, theme 178.72 feet a" the or, of a
non -tangential curve to the right, holing a radius of 110.00 feet a
central angel of 950529' and subtending a chord beann9
N 11'1542" W 159.70 leer, theme NJ5'1702' E 187.08 feet theme
8524 feet oA Nq the arc of a curve to the left, having a radius of
170.00 leer, a canto, angle of 28'4J"45" and tubten ng a chord beonng
N 20'55'f0' £ 84.33 f-L• thence S 870855' E 74.20 feet,• theme
N 1520'40" £ 288. 62 feet- theme N 47J721" E 196.J7 feet thence
N 22'05'18" W JW..71 feet theme S Jl-0740- W, 261.97 feet,•
thence N 7J"4157' W 220.9J feet; thence I5.M feet along the arc
of a non -tangent curve to the light, having a radius of J500 feet,
o central orgy. of 250609" and subtending a chord b-W
S 42.0505" W 15.21 feet thence S 54;T8'10" W 8.99 feet; theme
J1.42 feet a" the arc of o cure to the right having o radius of
20.00 feet a centmi angle of 90,0000; and subtendng a chord
bearing N 80721 50' W 28.28 feet; thence N J5*21 50" W 296,72
leer theme 9745 feet along the arc of a curve to the leN,
having O radius of 160.00 feet, O mental angle of 345J'49- and
subterdng o chord bearing N 52'4845' W 95.95 feet theme
N 0470723' W 275.91 feet theme S 89'52 J7" W 28.. 18 feet to the
easterry right-of-wey of Maroon Creek Rood, theme S Of 02'DO- W
227.87 feet. thence 1IJJ5 flit o/0W the arc of a curve to the
right, having a radius of J1239 feet, a central angle of
2U'4723. and subtending a chord bearing S 1125'42' W 112.7,,
feet; theme fearing mid Maroon Creek Road enstedy right-of-way
N 90'00.00' £ 55J3 feet to the pant of beginning, said Parcel
contains 179.71 acres move or /ass.
804RD OF COUNTY COMMlS$/ON S' APPROVAL - ACC TANG£
THIS PUT AND THE DEDIGnolvs CONTAINED IN THUS PUT ARE HEREBY
ACCEPTED AND APPROVED BY 7HE BWRQ OF COUNTY ONNISS/ON£RS OF
PtwN COUNTY, COLORADO, THIS lI eve O4Y OF AdYOY 1998,
PURSUANT To PRK/N COUNTY ORDIAfAACE NO. 97-13 RECORDED ON 10 JUN£ 1997
RECEPTION NO. 4052t6 (REZONING); RESOLU7ION MO 97-75 RECORDED ON 8 .WY
1997 RECEPTION NO. 4042J4 (DETAILED SUBWSS10N); RESOLUTION Na 98-25,
RECORDED ON 24 FEBRU 7998 RECEPTON NO. 41JBJ8 )r;CILI77ES EXEMPRON
PUT); RESOLU77Ov NO. 98-57.. RECORDED 7 APRIL 1998 RECEPTION NO. 4/5T52
(FINAL PUT), IN THE RECORDS OF PRK/N COUNTY COLORADO. 1H£ OEDKA710N OF
PUBLIC ROADS 15 ACCEP7E0 SUBJECT TO THE CONsinoll5 THAT PRXW COUNTY SHALL
UNDERTAKE A44/NTEMWE OF SUCH ROWS ONLY AFTER C0N57ROC770N OF SUCH
RWOs HAVE B£De COMPLETED IN ACCORa4NCE WITH PUK/N COUNTY SPECIfAC471OVS.
�� SURA'.S'YOR.S S'C%/y�U�'S�'R GD/IRON ,11�'Y�%l INC.
GM /TR d . .ilreeC utfr. <00 THE MOORE FAMILY PUD
Olenuyood ;pangs Culurnda N//r'O/
v w....wrw �, v'w SCH.YUESE'R (.970/ J4'.S- /UOI /fit,#') .V4.5 -.i3tB
CORDON Alrr-,R - 4spen 11alorado 070) .724 6727
BOARD OF COUNTY COMMISSIONERS
BY ✓_
CHAIRPERSON
RCWSrON
2 77147' THE ,LAMES E. MOORE FAMILY PARTNERSHIP LLLP, H4.5 CAUSED SAID REAL
PROPERTY 70 BE L41D OUT AND SUBDIVIDED AS "THE MOORE FAMILY PUD, A PLNAED
OONAffi 7Y' (MOORE FAMKY PLO) W PIIKfN COUNTY, CDLO.PADO SUBJECT TO THE EASEMENTS
AND OTHER LAMS AND D4a M&UWES SHOWN OR DESCRIBED ON WS PUT OR /N THE MtST£R
OECURA7tOV ppFF COVFNAMS; CONO7AO'VS AND RESIR/C710N5, (hereo/ter DECLARAT7OW
RECORDED .1�teA:Msr lAr7' /9AS AS RECEPIUV NO.
I(20yLf.
J. 7744T JAMS E. MOORE FAMKY PARINE7psHAP LLLP HEREBY D£DIC4TES TO THE
PUBLIC, SUBJECT TO 77f£ E456W M LIENS AND OTHER ENCUMBRANCES AS SFAOWN OR
DEXMBED ON THIS PUT Aw OTAfERIWS£ GRANTED OR RESERVED HEREIN THE FOLLOWING:
A "HIGH 1 SCHOOL ROAD"
B A PORTION OF M"W DRIVE FROM TH£ #V7FRS£C770N Or AlAROON CREEK
ROAD TO 7HE P06VT DESMrWIFD ON AE PUT AS 2AD PU&IC REND'
Li1P17FM17KAN OF OWNERSHIP
lht ,(MILS b. M"`l rAMK7 YAK,NLXSNIY LLLY, A LN Lamm.-.- (AuftLkYf/U/r
LAWRO PAl"MRSHIP, DOES HEREBY COVnRM AND ACKNOWLEDGE 7FNT IT
IS 7HE SOLE OWNER OF 7H£ PROPERTY DpxRl&D HEREIN.
7H£ d4MES E. MOORE FAMILY PARTNERSHIP LLLP, A
COLORADO LM/REO LABILITY UMYTED
P4R7NERSF9P
Br
STATE OF C"o%rx�* THOMAS A MOORE CENERAL PARTNER
COUNTY CF �( IVY /l % � -t'\
THIS T BEEN DULY AOY(AIDWUWM BEFORE ME 7HI5 Y_
L14Y OF 19M BY 771O&KS A MOORE AS
GENERAL P OE THE DAMES" E MOORE- FAMILY PAR7?VDM#P ULP, A COLORADO
LAR7EDL14607Y 11.117ED'P,4R71VERSH/P
711/ I£ MY l/4M7.,4A/0 ,�AL
MY CONMI55/ON Q'gR£S' '7 /O.oe
�
Atli
WIM LL JDMON7 ,PUBLIC
NOTARY PUBLIC
i STATE OF COLORADO
W Gme.s+a^ rIDrt, U YLWa
CLERK AND RECOROOKS 'COMFIcArr uo�rrr
STALE OF COLORADO a °
COUNTY OF PW#V ) ; ` ,e'7 4�op
/ H£REHY C£R77FY'7X4T THIS /NS7RUMEVT WAS FILED /N CE Art a
.j:e)n O'CLOCK, 2 .M, THIS 11 DAY Of 199E
AND IS DIAYRECEPTON hV. ONOEDbN PUT BOOK AT PACES 1Cl-R9 AS
'f�l1 H S /�T THE�RECORDS OF P/IK/N COUNTY
cacoRAtw.
L I�_
R'7KM COUNTY CLERK AND REC
✓ob rya. g3z0,j4
FINALOmer, by: .SL'
Oat.. 9/
PLAT !vly9B
Ate. by,s'
Of 9
Block G
ell 11
Open Space Area 11 z55J
w101!'l1 neer,'JI1
Scale % = 150"
I I
I
I
18 �.
I
(Open Space 10
I:I
I�I
aFf
w r/r4
T r1/�' �IIfIf IN.sr
I ,nw
- [I/4 sNt 1A llCtt. MAMA
am a— c,.
II
GRAPHIC SCALE i j 6 111 \\� $
28 10
( nr rar) \
I mbe - zoo
Notes 4 i II'l
indicates set monument, 15 rebor cnd red plastic cap, L.S. 201JJ A
'Io indicates found monument rebor and cap 2712yindicates found BLAI monument /\ 13 6 s \l\
O indicates set monument, /5 rebor and clum,num cop. L.S. 201JJ. 'k � I
ImMnrT r. r VIA S I.
Open Space Area I
4152 «.
r
Lot 7, Parcel A
Focilities Exemption Plat
Aspen School District
Open Space Area 2
0. 19J oc.
1/It !s 11
26
14 I l N...,..
25
IObOS R M I, B19c - -� 11 �Open Space Area 7 ,•14 ,. ail
55.171
A i 32 31 '
30 1 24 �4'\\ 92. 503 cc.
15 � -o � \
I J 29 O4 /23 `\ 11
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.dP --`— - --- LA Ma. by,
Jan-19-00 09:32A yusar* horn 970W5 5180 P.02
ZOOM FLUME LLC
BOX 5115
ASPEN, COLORADO 81611
970-920-1710
January 18, 2000
Nick Lelack
Aspen Pitkin Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Moore PUD: Minor Plat and PUD Amendments
Dear Nick:
Zoom Flume LLC is the developer of the Moore Planned Unit
Development. This letter authorizes Davis Horn Incorporated to
prepare a Plat and PUD land use application on our behalf and
represent us in the City of Aspen land use process.
Thanks.
Sincerely,
ZOOM FLUME LLC
RECEIVED TIME JAN.19. 9:35AM PRINT TIME JAN.19. 9:37AM
Jan-19-00 09:32A yusen* horn 970"-25 5180 P-03
jAN•-11-2000 TUB Ub' « m
ASPEN/PITKIN
COMMUNITY DFVFLOPMFNT DEPARTMENT
Agretrnent for Pu ment of Citv of Aspen D��'Plo tp uct!t�(tltcati0tt tees
CITY UP ASPEN (hereinafter CITY) and `.�-- •
(hereinafter APPLICANT) AGREE AS FOI,I,OWS:
t . APPLICANT hiu submitted to CITY an applica Ion for
(hereinafter; TIIL PROJECT).
? APPLICANT understands and a2rces that City of ,aspen OrdinaneC No. 49 (Series of 1098)
establishes a fie structure for Land Use applicatirms anu the payme„t of all processing fees is a condition precedent
to a dcteoniflat on of application coinplcteness.
3. APPLICANT and CITY agree that because of the size, natufe 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 :hc interest of ththat APPLICANT make paymcr+t of an
e parties
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 he benefited by rrtaininc greater Cash liquidity and will make additional payments upon notification by the
CITY when they are necessary as costs ttrc incurcd, CffY agrees it will be benefited through the grCAtcr certainty
of mcovering its full costs to process APPLICANT'S apPlicaLion-
4. CITY and APPLICANT futthcr agree that it is impracticable for CITY staff to tompleta
processing or present sufl;ctent information to the Planning Coil,nlission and/or City Council to enabla the P1111,in-0
Commission andfof City Council to make legally required findings for project consideratinn, unless t wren! billings
are paid in full prior to decision.
5. Therefore, APPLICANT agr.cs that in constion oftlle CI7Ywaiver aiver of its right 10 collect
full fees prior to a JC[Crrttilt:ltiolr of applicatiio Coil, plcrcnesS, ,APPLICANT shalt pay nn initial deposit in the
amount of $� which is for Z .,�. hours of Comintvnity Development staff time, and if actlial
rccofd�d costs exceed the initial deposit, APPLICANT shell pay additional monthly billings to CITY to reimburse
the CITY for the processing of the application-nentien�d obovc, inch,ding post approval review. Such periodic
Qayutctlts shall be made within 30 days of rile billing date. APPt"1CANT further igrecs tallr failure to ply such
accu,ed costs shall be grounds for suFpe+tsion of PruccssinE, andd in no case will building permits be issued until nil
cis''., sssociatcd with case processing have been paid.
CITY OF ASPEN
By: —
Julie Ann Woods
Community Development Director
U:vsuppnre-1orrns\sgrpayns.doc
l 2/27/99
APPLICANT
�IA�
Dale: 145 v c7
Mailing Address:
��C'x
ee n .�ca
=DINT TIl1E JAN.19. 9:37AN
.JAN-11-2000 TUE 05:21 PM •
FAX NO, P. 01
fl�.h.b - --- to
CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Nick Lelack, 920-5095
DATE: January 11, 2000
PROJECT: Minor PUD Amendments & Minor Plat Amendments to the
Moore Family PUD
REPRESENTATIVE: Glenn Hom, 925-6587
TYPE OF APPLICATION: Minor PUD Amendment, Minor Plat Amendment
DESCRIPTION: The applicant would like to make minor plat amendments to the
Moore Family PUD to (1) amend the recorded plats in order to
modify building envelopes in Block F to account for grading for
the affordable housing units, and to make a minor PUD
amendment (2) to the PUD Guide to Permit minimal grading
outside the building envelopes for the affordable housing units in
Block F, and (3) to increase the permitted height of the lift tower
from 40 feet to 50 feet.
Address Applicable Sections of the Land Use Code & Ordinance 24, Series of 1999
Land Use Code
Chapter 26.304, Common Development Review Procedures.
Section 26.480.060(A)(3) and (B), Final Plat requirements.
Ordinance 24, Series of 1999
This ordinance established review criteria to evaluate minor PUD amendments and minor plat
amendments for the Moore Family PUD. These criteria must be addressed in the application.
Section 4. The Community Development Director is hereby authorized to approve minor PUD
amendments to the Moore Family PUD which are intended to change an element or condition of
the development permit; provided, however, that the proposed amendments are consistent with
the following standards:
a. The amendment must be a clarification or a technical correction to a plat.
b. The amendment must not change the use of the proposed development between
residential, commercial and tourist accommodation uses.
c. The amendment must be consistent with action taken during the review of the original
development activity.
d. The proposed activity does not:
JAN-11-2000 TUE 05:21 PM 9
FAX NO. P. 02
b T-
i. Change the basic character of the approved use of land on which the activity
occurs including basic visual appearance and method of operation;
ii. Increase off -site impacts in the surrounding neighborhood;
iii. Endanger public health, safety or welfare;
iv, Substantially increase the need for on -site parking or utilities, or affect affordable
housing generation; and,
v. Increase the floor area of the use by more than two (2) percent or decrease open
space on the site by more than three (3)percent.
Section 5. The Community Development Director is hereby authorized to approve minor plat
amendments to the Moore Family PUD; provided, however, that the proposed amendments are
consistent with the following standards:
a. The amendment increases or does not affect the degree of compliance with land use
code standards;
b. The amendment is being made to a recorded plat which has been approved by the
City; and
c. The amendment is consistent with representations made to Pitkin County during the
conceptual and detailed subdivision reviews whichever is applicable.
Review by:
Community Development Department.
Public Hearing:
No.
Referral Agencies:
None.
Planning Fees:
Plarming Deposit (S480)
Referral Agency Fees:
None.
Total Deposit:
S480 (additional planner hours beyond the 2.5 covered by the deposit
shall be billed at a rate of S19S/hour).
To apply, submit the following information:
The application will be considered incomplete and returned to the applicant unless ALL of the
following information is submitted in full.
1. Proof of ownership
2_ Signed lee agreement
3. Applicant's name, address and telephone number in a letter signed by the applicant which
states the name, address and telephone number of the representative authorized to act on
behalf of the applicant.
4. 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.
5_ Total deposit for review of the application
6. 3 Copies of the complete application packet and maps.
HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = l /ea.; Planning; Staff = 2
7. An 8 1/1" by 11" vicinity map locating; the parcel within the City of Aspen.
JAN-11-2000 TUE 05:22 PM •
FAX N0, P. 03
ar 6 . r
(LD
8. Site improvement survey including topography and vegetation showing the current status,
including all easements and vacated rights of way, of the parcel certified by a registered land
surveyor, licensed in the state of Colorado.
9. A written description of the proposal and an explanation in written, graphic, or model form
describing how the proposed development complies with each of the review standards
relevant to the development application. Please include and clearly indicate existing
conditions as well as proposed.
10. Copies of prior approvals, including but not limited to existing plats.
11. Copies of proposed plats.
12. All other materials required pursuant to the submittal requirements packets.
In the event that you should have any questions regarding the foregoing, please do not hesitate to
contact Nick LelacIc of the Community Development Department at 920-5095.
* The foregoing summary is advisory only and is not binding on the City. The opinions
contained herein are based on current zoning and regulations, which are subject to
change in the future, and upon factual representations that may or may not be
accurate. The summary does not, in any way, create a legal or vested right.
JAN-11-2000 TUE Ob:22 PM ,r 11Q, P. 04
LAND USE APPLICATION x h� tz, ` T- I r
PROJECT:
Name: r.l art �� �,
Location: P'l r(, l ,-) r7
(Indicate street address. lot & block number, legal description where appropriate)
APPLICANT:
Name: Zu,,:4— ���mr L� �`"1�T-r- S1-0Vc j
Address:
Phone 4: 9-1Ci
REPRESENTATIVE:
Name:
Address:
Phone #: �} T c c_• 1 �, (! 17
TYPE OF APPLICATION: (please check all that apply):
❑
Conditional Use
❑
Conceptual PUD
❑
Conceptual Historic Devt.
❑
Special Review
❑
Final PUD (& PUD Amendment)
❑
Final Historic Development
❑
Design Review Appeal
❑
Conceptual SPA
Minor Historic Devt.
❑
GMQS Allotment
❑
Final SPA (& SP Amendment)
❑
Historic Demolition
❑
GMQS Exemption
0
Subdivision
❑
Historic Designation
❑
ESA - 8040 Greenline, Strearrl
❑
Subdivision Exemption (includes
❑
Small Lodge Conversion/
Margin, Hallam Lake Bluff,
condon11niumizatlon)
Expansion
Mountain View PIane
❑
Lot Split
❑
Temporary Use
[Other:
❑
Lot Line Adjusonent
❑
Text,.Map Amendment
_AW INU %.UNDITIONS: (description of existing but ldin ffs, uses, previous approvals, etc.)
SCE T--,-�C
'ROPOSAL: (description of proposed buildings, uses, modifications, etc.)
� c 41L Imo, -r-t-
Have you attached the following? FEES DUE: S C-1 F O
❑ Pre -Application Conference Summary yT
❑ Attaclunent #1, Signed Fee Agreement (�
❑ Response to Attachment #2, Dimensional Requirements Form v ti
❑ Response to Attachment fl, -Minimiun Subml; sion Contents `I `S
❑ Respun,e to Attaclunent #4, Specific Submission CcniLen ts I -' L(f 5
❑ Response to Attachment #5, Review Standards for Your Application -1e� 5
Vzomiiy Ifap
N.1 "5,
SURVEYORS CERTIFICATE
I, STEPHEN L. EHLERS, A DULY REGISTERED PROFESSIONAL
LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THIS
PLAT OF "7HE MOORE FAMILY PUD, A PLANNED COMMUNITY" TRULY AND
CORRECTLY REPRESENTS THE RESULTS OF A SURVEY MADE UNDER MY DIRECT
RESPONSIBILITY, SUPERVISION AND CHECKING, WHICH SURVEY WAS PREPARED
IN ACCORDANCE WI7H AR77CLE 51 OF TIRE 38 OF THE i= REVISED
STA7U7£S AND THAT THIS PLAT CONTAINS ALL THE YEOUIRED
SY COLORADO REVISED STATUTES J8-33.3—(2109.
DATE, _ 3 T t f/ `I 9 J
COLORAD tWIS PROf£$51OA64L
LAND SUR NO. 201J3
TITLE EXAMINERS CERTFICATE"
I R E,-,^" , AS nT�.R`_�i�N_ .gL�� _ OF LAND T71LE
GUARANTEE COMPANY, INC. DO HEREBY CERTIFY THAT l HAVE !.AUS£L w
Beginning at the +V
being relative to a
the northeast come
centerline; thence S
north line of o par.
the Pitkin County re
Me following six (6
1) S 73'Ss
2) S Yrf-'
J) S 19-0-'
4) S J575-
5) S 19'3c
6) N 7T55
south centerline of
centerline S 00'15
the SWI14N£114 a
feet to the southwe
line of said N7/2SL
the east line of so,
Section 14, N 00'1.
Section 14, thence
N 00'03'4J' & IJ;
of said Section 14;
Section 14, S 8975-
SE1/4NE7/4 Sectio.
of Section 14, N O.
comer of said NW l
southeast corner of
east line of said W
feet to a point on
Road,- thence along
thence S 88'02'11 "
woy S 01 "57" 49" E
feet; thence 1J6.0
having o radius of
subtending a chord
N 8472 00' E JJ.O
non —tangent to the,
angle of 1 X01 00 ;
21.54 feet; thence j
the left, having a r
J8'482J" and subt
feet; thence S 30'3
4,100 feet; thence
the /eft, having a r
19'1957" and subt
feet; thence S 11'1.
381.08 feet; thence
S 00'06 08" E 968.
thence 401. J6 feet
left, having a rodiu_
subtending a chord
•
Davis Horn -
PLANNING & REAL ESTATE CONSULTING
March 6, 2000
Nick Lelack
City of Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Moore Family Planned Unit Development: Other Amendment
Standards
Dear Nick:
The proposed amendments to the Moore PUD are identified in my
January 20, 2000 letter. At our last meeting you requested me to
address the �iOther Amendment" standards in Ordinance No.35 Series
of 1999. This letter addresses the standards.
The Moore PUD amendment application complies with all of the
standards in Section 26.445.100 of the Aspen Land Use Regulations
with the exception of # 9. Standard # 9 states that:
"Any change which is inconsistent with a condition or
representation of the project's original approval or
which requires granting a variation from the project's
approved use or dimensional requirements."
The setback and height changes are a variation on the approved
dimensional standards for the Moore PUD. The changes to the
grading and drainage plan are the result of an oversight by the
developer. The original grading and drainage plan addressed
primarily the grading and drainage for the overall site and did not
address the affordable housing lots. Transmitted with this letter
is a Revised Grading and Drainage Plan. The revised Plan has been
improved as suggested by City staff at our last meeting.
Thank you for assisting us with this PUD amendment. Please contact
me if I can be of anv further assistance.
Sincerely,
DAVIS HORNY INCORPORATED
GLENN HORN AICP
Moore.1
ALICE DAVIS, AICP 1 GLENN HORN, AICP
215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925-6587 • FAX: 970/925-5180
•
•
Davis Horn -
March 14, 2000 PLANNING & REAL ESTATE CONSULTING
Nick Lelack
City of Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Moore Family Planned Unit Development: Plat and Planned Unit
Development Amendment
Dear Nick:
Davis Horn Incorporated represents the Zoom Flume LLC ("applicant")
in this land use application. As you know, Zoom Flume LLC, is the
successor in title to the James E. Moore Family Partnership. Zoom
Flume LLC, is the ("developer") of the Moore Family PUD. This land
use application seeks the following land use approvals.
Setback Change - The applicant requests approval for a
minor Plat Amendment to the Moore Family PUD Plat to
adjust setbacks for two affordable housing unit lots
located in Block F (Lots 8e and 9e). Exhibit 1 depicts
the Moore Family PUD Final Plat sheet 7 of 9. The final
Plat shows Lots 8e and 9e have 20 foot rear and front
yard setbacks. Exhibit 2, the Moore Family PUD second
amended Plat, shows 12 foot front and rear yard setbacks
for these lots. This represents setback reductions of
eight feet for the front and rear yards.
2. Height Change - The applicant requests a minor amendment
to the Moore Planned Unit Development Guide (PUD Guide)
to allow taller lift towers for the Moore PUD High School
Ski Lift is requested. Article VII of the Moore Planned
Unit Development Guide limits lift towers to a height of
40 feet (see Exhibit 3) . Exhibit 4 is a preliminary plan
profile of the High School Lift. The bottom seven towers
are located within the Moore PUD. The preliminary plan
profile indicates the highest tower tube will be 45.93
feet tall. The applicant requests the PUD Guide be
amended to permit a maximum lift tower height of 50 feet.
This will allow some flexibility between preliminary and
final lift design.
Grading & Drainage - The applicant requests approval of
a revised Grading and Drainage Plan for Moore PUD, Block
F. Exhibit 5 is a copy of the approved Moore PUD Grading
and Drainage Plan ("Revised Detailed Submission). The
Plan does not show any grading outside of the Block F
building envelopes. Exhibit 6 depicts the proposed
grading plan for this area.
ALICE DAVIS, AICP 4 GLENN HORN, AICP
215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925-6587 • FAX: 970/925-5180
•
•
Nick Lelack
March 14, 2000
Page 2
LAND USE APPROVALS
On June 28, 1999 the City of Aspen approved Ordinance No. 24 Series
of 1991 which established a procedure and standards for minor PUD
amendments to the Moore Family PUD (see Exhibit 7). Section 4 of
the ordinance states the procedure is intended to address changes
to "elements or conditions of the development permit." This
section of the application demonstrates compliance with the
standards. The standards appear in bold followed by the
applicant's response.
Standard a.
The amendment must be a clarification or a technical correction to
the plat.
Setback Response
It was determined after the construction of the Moore PUD road
system that setback modifications were needed for Block F,
Lots 8e and 9e.
Height Change Response
The proposed tower height is not a plat issue. Tower height
is addressed in the Moore PUD Guide (see Exhibit 3).
Grading and Drainage Response
Grading and drainage is not a plat issue. The County approved
a revised Grading and Drainage Plan in June (Exhibit 5). The
revised Grading and Drainage Plan approved modifications to
grading and drainage adjacent to the affordable housing in
Block C. After completion of the Moore PUD road system it
became clear that there needs to be additional grading for the
buildings proposed for Block F.
Standard b.
The amendment must not change the use of the proposed development
between residential, commercial and tourist accommodations uses.
Setback, Height, Grading and Drainage Responses
Changes in uses are not proposed.
•
•
Nick Lelack
March 14, 2000
Page 3
Standard c.
The amendment must be consistent with action taken during the
review of the original development and does not constitute new land
development activity.
Setback, Height, Grading and Drainage Responses
The level of development activity will be identical to the
activity approved in the Moore PUD land use review. There
proposal will not result in new land development activity.
Standard d.i.
The proposed activity does not change the basic character of the
approved use land on which the activity occurs including the basic
visual appearance and method of operation.
Setback, Height, Grading and Drainage Responses
The proposed amendment does not affect the basic character of
the approved use of land.
Standard d.ii.
The proposed activity does not increase off -site impacts in the
surrounding neighborhood.
Setback, Height, Grading and Drainage Responses
The proposed minor amendments will not result in an increase
in off -site impacts on the surrounding neighborhood.
Standard d.iii.
The proposed activity does not endanger public health, safety or
welfare.
Setback, Height, Grading and Drainage Responses
The proposed amendment does not affect public health, safety
or welfare.
Standard d.iv.
The proposed activity does not substantially increase the need for
on -site parking or utilities, or affect affordable housing
generation.
Nick Lelack
March 14, 2000
Page 4
Setback, Height, Grading and Drainage Responses
The minor amendment does not affect on -site parking, utilities
or affordable housing generation.
Standard d.v.
The proposed activity does not increase the floor area of the use
by more than two (2) percent or decrease open space on the site by
more than three (3) percent.
Setback, Height, Grading and Drainage Responses
Open space and floor area are not affected by the proposed
amendment.
SUMMARY
The applicant is seeking minor amendments to the Moore PUD to
address technical issues which have come up during the construction
process. The proposed amendment complies with the minor PUD
amendment standards established in City or Aspen Ordinance NO. 24
series of 1999.
The applicant is submitting $ 480.00 with this application as
indicated on the pre-applicaiton summary sheet. The following
Exhibits are attached to this letter for your information.
Exhibit 1: Moore PUD Final Plat sheet 7 of 9.
Exhibit 2: Moore Family PUD second amended Plat.
Exhibit 3: Article VII of the Moore Planned Unit
Development Guide
Exhibit 4: High School Lift: Preliminary Plan Profile
Exhibit 5: Moore PUD Revised Detailed Submission Grading
and Drainage Plan Sheet GD 4
Exhibit 6: Moore PUD Proposed Grading Plan Block F
Exhibit 7: January 4, 2000 letter to Cindy Christiansen
Exhibit 8: Letter from Zoom Flume LLC authorizing Davis
Horn Incorporated to submit a land use
application to the City of Aspen and represent
them in the land use approval process
•
•
Nick Lelack
March 14, 2000
Page 5
Exhibit 9: Fee Agreement
Exhibit 10: City of Aspen Pre -Application Summary Sheet
Exhibit 11: Land Use Application Form
Exhibit 12: Vicinity Map
Please contact me at 925-6587 if I can provide any additional
information and or materials. Thank you for your assistance.
Sincerely,
DA S HORN INCORPORATED
GLE HORN AICP
Moore
O
Picini t`y 'gap
1V. _r,S,
tea�end_
(IR) Indicates found monument, Jf5 rebor and red plastic cap, L.S. 20133.
0# Indicates found BLM monument.
BASIS of BEARING
The record bearing between the southeast corner and the south 114 of Section 11
T.10 S, R. 85 W° 6th P.M., Is N 895548" W as shown on the 1978 BLM Dependent
Resurvey of said township recorded at Pitkin County, Colorado.
The tie between the Northwest corner of Lot 9 and the NE 1116 of Section 14 is
for the informational use of the City of Aspen. This tie in no way supersedes the
Plat of Record of the Moore Family PUD, recorded August 10, 1998, in Plot Book 45,
at Page 81.
L.INE TA St E
_
LINE
LENGTH
BEARING'
C. 1
17.71
S80'39'46"W
L2
18.18
N49"4136'E
CURVE TABL F_
CURVE
RADIUS
LENGTH
TANGENT
CHORD
BEARING
DELTA
C7
20.50'
24, 18'
1372'
22.80'
N46'.52237-
67,3446"
C2
57.50'
16.46'
8.29'
16.41 '
s72°27 37"W
16°24'17"
C3
130,00'
177.47'
105.69'
164.01'
549'1829'f
78'13'11"
C4
215.00'
68.00'
34,29'
67 71 '
IV82`31 '18 -
18°07'15'
C5
350.00
S0715
309.77'
1 46 .93'
5-41°24,58W
8,3`01'18"
C6
350, 00'
52. 99'
26 ,54 "
52. 94 '
S44 °45'01 'E
8.40 26 "
I
GRAPHIC SCALE
50 G 25 50 100 200
( iN FEET )
1 inch = 50 ft.
A(bike.•
According to Colorado Law, you must
commence any legal action based upon any
defect in this survey within three years after
you first discover such defect. to no event
may any legal action based upon any defect
in this survey be commenced more than ten
years from the date of the certification shown
hereon,
f
BLM NE V 16
81?ASS SEC. 14
CAP T 10S,
R85W
SECOND AMENDED PLA T OF
LOT 9, BLOCK C, THE MOORE FAMILY P. U.D,
This plat amends the building envelope on Lot 9, Block "G0'
THE MOORE FAMILY P. �T D., A PLANNED COMMUNITY
recorded at Book 45 at Page 81, in the Office of the Pitkin County Clerk and Recorder.
s in
:
A!!
CER77RCA77ON OF DEDiCA77ON AND OWNERSHIP
A. S7EVEN CROWN AND NANCY C CROWN IS THE OWNER OF CERTAIN
LANDS /N PI7KIN COUNTY, COLORADO LOCATED WITHIN THE MOORE FAMILY PUD
ACCORDING TO 7HE PLAT THEREOF RECORDED ON AUGUST 10, 1996 /N PLAT
BOOK 45 AT PAGE 81, AND THE 'FIRST AMENDED PLAT OF THE MOORE FAMILY
P.U.D." RECORDED ON FEBRUARY 14, 2001 IN PLAT BOOK 56 AT PAGE 62,
DESCRIBED AS FOLLOWS.•
LOT 9
A. S7EVEN CROWN AND NANCY C. CROWN DOES HEREBY EXECUTE AND
RECORD THIS SECOND AMENDED PLAT FOR THE FOLLOWING PURPOSES:
(A) ADJUST THE BUILDING ENVELOPE ON LOT 9, BLOCK G, MOORE FAMILY PUD;
THE AMENDMENTS DO NOT AFFECT LOT SIZE OR EASEMENTS AS SHOWN
ON 7HE PLAT OF THE MOORE FAMILY PUD RECORDED ON AUGUST 10, 1998
IN PLAT BOOK 45 AT PAGE 81 AND FIRST AMENDED PLAT RECORDED ON
FEBRUARY 14, 2001 IN PLAT BOOK 56 AT PAGE 62.
Executed this 93 � day of AV16Y-5 2002.
A. S7EVEN CROWN AND NANCY C. CROWN
By.
A. Ste Crown
BY���
Nancy C. Cr wn
STATE OF 0-0 t"d'e 4-D U
ss.
COUNTY OF P! 71-/ I"j �
The foregoing Instrument was acknowledged before me this `-3 day
of 2002, by A. S7EVEN CROWN AND NANCY C. CROWN.
WITNESS my hand and offlcla/ seal
My commission expires T
[SEAL]
l
Notary Puplic/
THE MOORE FAMILY PUD MAS7EER ASSOCIATON,
INC, A COLORADO NON PROFIT CORPORATION
By.
President
STATE OF (L>) UF-"` )
1SS.
COUNTY OF �Ll � i t<d >
The foregoing instrument was acknowledged before me this ! 3 day Au�uSf
of 2002, by 7HE MOORE FAMILY PUD MASTER ASSOCIATION, INC, A COLORADO NON
PROFIT CORPORATION, by Dwayne Romero, Jr. as President.
W)77VESS my hand and official seal.
My commission expires
[SEAL1
'. /, -/"
Nqtbry i Ublic
TITLE CERTIFICATE
The undersigned, a duly authorized representative of LAND TITLE GUARANTEE
COMPANY, registered to do business in Pitkin County, Colorado, hereby certifies
that the person listed as owner on this Map holds fee simple title to the real
property described hereon free and clear of all Liens and encumbrances except
this certificate is not to be construed as an abstract of title nor an opinion of title,
nor guarantee of title, and it is understood and agreed that LAND TITLE
GUARANTEE COMPANY neither assumes nor will be charged with any financial
obligation or liability whatsoever on any statement contained herein.
Date: tee:
#,A) E �S t M O Ill S E:Aj
SURVEYOR'S CERTIFICATE:-
/, Stephen L. Ehlers, a duly registered Professional Land Surveyor in
the State of Colorado, do hereby certify that this "SECOND AMENDED PLAT
OF LOT 9, BLOCK G, THE MOORE FAMILY PUD" correct/y represents the
results of a survey made under my direct responsibility, supervision and
checking, which survey was prepared in accordc ,ce with Article 51 Title 38
of the Colorado Revised Statutes, and that this Plat contains all the
information required by Colorado Revised 5totut:.s. 38-33.3-209.
Survey precision is greater than 1:10,00,61 held Survey was completed 07118102.
aaic' npyiew completed on 08119102.
Bw
v.„OLd DO RE6015 ED PROFESSIONAL
'r• /,4NO SURVEt RVVO. 20133
Community Development Director Approval
SECOND AMENDED PLAT OF LOT 9, BLOCK G, THE MOORE FAMILY P.U.D. has been
approved by the Community Development Director of the City of Aspen, Colorado,
this 22 _ day of M�_ , 2002.
Jufl Ann Woods, Director -
Community Development Engineer Approval
SECOND AMENDED PLAT OF LOT 9, BLOCK G, THE MOORE FAMILY P.U.D.
has been ap�pp" roved by the City of Aspen Department of Engineering
this - /�5.'day of _ SSvrtr h 2002.
-,4/t
]R0mmunity Development Engineer
l hereby certify that "SECOND AMENDED PLAT OF LOT 9, BLOCK G, THE MOORE
FAMILY PUD" was accepted or recording in the office of the Clerk and Recorder of
Pitkin County, this 9Sday of �'��' 2002 and is duly recorded in Plat
Book -&at Page -!ff as Reception No. y%ate{ / _ in the Records
of Pitkin County, Colorado.
�. G4 d" . L
' - - —
4%2674 fi� PI&IN COI CLERK AND RECORDER/ 17/
Ililll IIIII IIIIII IIIII Illll IIII illIIII III lIII �I 00Page: I of I
9/25/2002 11 :38A , 4t 3 ,. s�`
vw
GRAPHIC SCALE20 0
10 20 40 so /
( IN FEET)
1 inch = 20 fL /
-
_Altk� Aft
- J �
S _ -• � l 75g
-Y--' -- -
- — i STALL-1f0 LF of
-'� ---DITCH ® 1' DEEP
_$tDE-SL�3PES--
�-,
_ ._.FEATHER GRADING
-- TREE TO TREE IN FIELD
L!
ENGWEERs SCHMUESER GORDON MEYER INC.
LSn
�S SURVEYORS 118 W eth Street, Suite 200
Glenwood Springs, Colorado 81601
(970) 945-1004 (FAX (970) 945-5948)
m SCHMUESER Aspen, Colorado (970) 925-6727
GORDON MEYER E-mail: engineer@sgro-inc.coro
. I'
Moore Farr
I
-GENERAL NOTES:
J, EXISTING UTILITY INFORMATION IS PER RECORD SURVEY DATA
DATED 12-1-1999 BY SCHMUESER, GORDON, MEYER INC...
2, EXISTING GRADE INFORMATION SHOWN ON DRAWING MAY NOT
REFLECT EXISTING GRADE INFORMATION CURRENTLY IN FIELD DUE
TO EARTHWORK OPERATIONS CURRENTLY IN PROGRESS.
EARTHWORK CONTRACTOR SHALL CONTACT ENGINEER WITH ANY
GRADING DISCREPANCIES BEFORE INSTALLING ANY APPURTENANCES
NECESSARY FOR STORM DRAINAGE.
L STORM DRAINAGE STRUCTURES (TYPE: IN LINE DRAIN AND
DRAIN BASIN) ARE PER ADS MFG. OR APPROVED EQUAL. REFER
TO ADS SPECIFICATIONS MANUAL FOR SIZE AND INSTALLATION
INSTRUCTIONS.
!L EXISTING ROADWAY AT DATE OF PLANS, 12/15/99 IS
COMPLETED TO ROUGH SUB GRADE ELEVATION. WESTERN SLOPE
UTILITIES TO COMPLETE FINAL ROADWAY CONSTRUCTION AND DITCH
EWAY
GRADING
�, CULVERT INSTALLATION BY OLOIN SPRING RADO FIRST F 2000. CONSTRUCTION.
ONSTRUCDTION.
5, ARROWS INDICATE DIRECTION OF DRAINAGE FLOW. THESE
FLOWLINES SHALL BE GRADED A MINIMUM OF 2% IN THE
DIRECTION SHOWN.
§, DRVEWAYS SHALL MATCH EXISTING EDGE OF CINNAMON
COURT. DRIVEWAYS SHALL BE PAVED WITH 3" OF CLASS CX
ASPHALT PAVEMENT COMPACTED TO 'A MINIMUM 92% OF STANDARD
PROCTOR, OVERLYING 6` OF CLASS 6 A.B.C. COMPACTED TO 95
STANDARD PROCTOR.
@, 'FFE=8172.60 INDICATES FINISHED FLOOR ELEVATION OF
LIVING AREA FOR UNITS 1 THROUGH 5. THE ENTRANCE TO THE
GARAGE AREA AT DRIVEWAY IS 1.5' BELOW THIS ELEVATION.
L FOUNDATION DRAIN TO OUTLET TO DAYLIGHT AT MINIMUM 1%
GRADE AT LOCATION SHOWN. SEE STRUCTURAL PLANS FOR DRAIN
DETAIL AROUND BUILDING FOUNDATION.
_W CONTRACTOR SHALL REVIEW SOILS REPORT BY CTL-THOMPSON
AND FOLLOW RECOMMENDATIONS CONTAINED IN REPORT. SPECIFIC
ATTENTION SHALL BE PAID TO GRADING AWAY FROM BUILDING.
GR,dLDING DESIGN PRINCIPLES
1. GRADING 15 KEPT TIGHT TO BUILDINGS IN ORDER
TO PRESERVE THE MAXIMUM NUMBER OF EXI5TING ASPEN
TREE5 AND UNDER5TORY VEGETATION.
2. GRADING WILL BE FEATHERED FROM TREE TO TREE
50 THAT TREES WILL HAVE PRIORITY OVER TOPOGRAPHIC
GRADE5.
5. LANDFORM5 WILL BE SOFTENED AND MOLDED IN THE
FIELD FROM SITE TO SITE,
4. THE GRADING WILL OCCUR UNDER THE OBSERVATION
OF THE PROJECT LANDSCAPE ARCHITECT.
„ab
B.
ISAVING TREE5 \ 13176.80 I I FEATHER GRADING -
TAKE5 PRECEDENCE 8185.80
OVER TOPOGRAPHIC I TREE TO TREE IN FIELD
iTWF GRADING IN FIELD.
SOFTEN LANDFORMS / \ 'a'8`_. •_-
A5 MUCH AS POSSIBLE. - - - - 1 1 EGEN
�•? , 1 MINI'"� .Sv ,`��-" __T�e-�'= �pADf►CC11
PROPOSED FINISHED FLOOR ELEVATION OF LIVING AREA
-- — ,-� '-- PR FG PROPOSED FINISHED GRADE
Hp A;yp ._ _ - __-- - - '- SD-01 - PROPOSED STORM DRAINAGE PIPE AND NUMBER
_71__ - __ __ ___ .__ -- -- -- - - HP PROPOSED HIGH POINT
- -' '- - - __ LP PROPOSED LOW POINT
PROPOSED DRAINAGE FLOW DIRECTION
- \
PROPOSED FLOINUNE OF DITCH
_ - \\ arsa-- �\ PROPOSED TOP OF BANK ® PROPOSED STORM DRAIN BASIN
1 - PROPOSED ASPHALT
14 `I PROPOSED FINISHED GRADE ELEVATION
PROPOSED FOUNDATION DRAIN
-- AYLIGHT A7 MIN OF t% TYPICPL)
_
(D
8200 - -
-- EyIMN/±
1 EXISTING GROUND GRADE BREAK ELEVATION
T EXISTING TOPOGRAPHICAL. `ELEVATION
L. SS
L., { " Q EXISTING SANITARY SEWER CLEANOUT
WS
- - - - Q -EXISTING WATER. SERVICE CURB STOP.
- Q EXISTING ELECTRICAL, SERVICE STUB
0 EXISTING NATURAL GAS STUB
REVISED GR>�DING PLAN 3-5-00
lily P. U. D.
NUR
REVS/ON
WEBY
[Drawn
b No. YJZU0U-'o5
Revised
by. ✓%l+lGrading & Drain ageore, o 1-2' -00
PE of
_04 Plan. Bloek F
._. ae