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HomeMy WebLinkAboutcoa.lu.pu.Moore PUD Blkg.A04201MOORE PUD Block G Lot 3, N94L 1 2735-141-11-103 A042-01 5cY-n/AiED s'JzZ0z— I t 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 A042-01 2735-141-11103 Moore PUD Lot 3, Block G Insubstantial PUD Amendment Lot 3. Block G. Moore PUD Grea Woods Insubstantial PUD Amendment Ted Skokos Glenn Horn 7/24/01 Aoproved 9/24/01 J. Lindt • i PARCEL ID: 2735-141-11103 DATE RCVD:. 4/18/01 #COPIEfiCASE NO A042-01 CASE NAME: Moore PUD Lot 3, Block G Insubstantial PUD Amendment PLNR: PROJ ADDR: Lot 3. Block G. Moore PUD� CAS ° . Insubstantial PUD Amendment STEPS:F OWN/���I� Ted Skokos ADL419 . Hyman C/S/Z: Aspen/CO/81611 PHN: REP: Glenn Horn ADRMonarch, ste 1 C/SIZ: Aspen/CO/81611 PHN: 925-65V FEES DUE 500 D 180 E FEES RCVD: 640 STAT: j i I 1 — DATE OF FINAL ACTION: REMARKS CITY COUNCIL PZ: BOA: CLOSED: " BY: `, DRAC: PLAT SUBMITD: PLAT BK,PG) ADMIN. . c.IVVJ V• -t(nm 0 1 Ennn I iiiLL n�rtw NU. d2/9 MEMORANDUM TO: Julie Ann Woods, Community Development Director FROM. Greg Woods, Planning Intern RE: Moore Family Planned Unit Development (PUD) — Lot 3, Block G DATE: June G, 2001 SU MMARY: Davis Horn Inc represents Ted Skokos, the owner of Moore PUD Lot 3, Block G. The applicant is requesting approval of a Minor Plat Amendment to modify the side yard setback on the subject site. r Z The subject site is located at the south end of the property and is accessed by a driveway located at the east end of Falcon Road. The applicant is seeking a PUD/Plat amendment to expand the south end of the building envelope 10 feet to the south toward the private access easement. Tlx south side of the building envelope is proposed to be located 25 feet from the centerline of the easement. Attached are the relevant criteria. Also attached are pages 1,4, & 8 of the final plat showing the approved building envelope on the subject site. Staff recommends The Community Development Director approve this application, with eight conditions. APPLICANT: Davis Hom Inc_ represents Ted Skokos, the owner of Moore PUD Lot 3, Block G LOCATION: Moore PUD, Lot 3 Block G ZoNING: R-30 PUD I I1111f IlI1I �IIIIt Its 1111ii !IlIII Illl�l CURRENT AND PROPOSED LAND USE: 456842 07/24/20e1 04:e2P MEMO DAVIIM SILVI Detached Residential Dwelling 1 of 3 R 15.00 D 0.00 N 0.00 PITKIN COUNTY CO R),VILW PROCEDURE: Amendmenu to Moore PUD as set forth in Ordinance 24, Series of 1999, Section 4 & Minor Plat Amendment set forth in Ordinance 24, Series of 1999, Section 5. The Community Development Director may approve, approve with conditions, or disapprove the application. UL. Z. cuvj V . Lt U hivi J 1 LVVAKI I 1 I Lt AJrtN NO. 8279 P. 3 ,STAFF Co,mmENTS: Review criteria and Staff Findings have been included as Exhibit "A." The application has been included as Exhibit "B." RECOMMENDATION: Staff recommends the Community Development Director approve the Moore Family PUD Minor Plat Amendment for, Lot 3 Block G, with conditions. APPROVAL: I hereby approve the Moore Family PUD Minor Plat Amendment of Lot 3 Block G with the following conditions: 1. The plat shall be amended and recorded with the Pitkin County Clerk and Recorders office; 2. The applicant shall keep the actual driveway widtli to no more than 15 feet but will be allowed sufficicrit space on either side to control grading/erosion next to the driveway. 3. The applicant shall keep existing vegetation in-between the building envelope and the easement to minimize erosion problems; (no clear cutting) 4- No development shall be allowed outside the building envelope; 5. The building envelope shall be staked and fenced for easy delineation by all contractors; date to D Woods, AICP ty Development Director City of Aspen date/-, !p 1 Glen orn Davis Horn Inc. Planning & Real Estate Consultant 1111111111111111111111111111111111111111111111111111111 456842 07/24/2001 04:02P mEMO ogVIS SILVI 2 of 3 R 15.00 D 0.0@ N 0.00 PITKIN COUNTY Co ATTACHMENTS: Exhibit A -- Review Criteria and Staff Comments Exhibit B -- Development Application Exhibit C -- Amended Plat of Lot 3. Block G, Moore Family PUD 2 0L f d;Jiw 5I tWAK I 1 1 1 LE ASPEN NO. 8279 P. 4 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 spec development plan pursuant to the provisions of the land use approvals, described herific ein. The effective date of this Order shill also be the initiation date of a three-year vested Property right. The vested property right shall expire on the da afl anniversary of the effective date of this Order, unless a buildinge� the third pursuant to Section 26.304.075, or unless an exem do r p rmit approved 'revocation is issued by City Council pursuant to Sectpion 26. OS 010. After Expiration of vested property rights, this Order shall remain in full force and eff-ect, excluding any groom management allotments granted pursuant to Section 26.470, but shall be subject 10 -my 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. Ted 5koku, 419 H [am Aspen.O 81 11 Property Owner's Name, Mailing Address and telephone number Legal Description and Street Address of Subject Property Written Bescription of the Site Specific Plan and/or Attachment Describing Plan Lund Use Approvals) Received and Dates (Attach Final Ordinances or Resolutions) Effective Date of Development Order (Same as date of publication of notice of approval.) Expiation Date of Development Order (The extension, rein and exemption from expiration Municipal Code.} and revocation may be pursued in accordance with Section 26,308.0i o of the City of Aspen Issued this 30`h day of .tune, 2001, by the City of Aspen Community DgVIOpment Director. Ann W1 Community Development Director I IIIIII 111111111111111111111111 IN 11111111111111 45SU2 07/24/2001 04.02P MEMO pgVIS SZtVI Il 3 of 3 R 15.00 D Q.00 N 0.@0 PITKIN caUNTY CO �Cr• L. [UUJ 0: 1AM I LWAK I 1 11 LE ASPEN NO. 8279- -p. 10 CXlllif(T A (Continued) TiIRMS, t'D AUGUST 1. 1 1ROVISIONS Op ORr)INANCH NO.20. S6I(IES OR 1997, 11L'COrtI)t;p AUcI.lsT I I, 1�J91 UNUL12 kErl?I.1'1UN N0. 4I(1479. "RMS, rlONs aRNhA1JG1j$T 11. Igg8UYfJ[ RfP+(rt(gORP-SOLUTION NU_ 99-10 RUMRnl?I)!P7'!UN No. 42a180. 'rl±RMS, ('UNINTIONS, PROVISIONS, HASUNII±NTS AND RIGHTS OF WAY AS SE7' f ()RTI1 IN CITY Oi+ ASPIEN WATT?i1 SI`I1Vi( a A(;RLL•1A1FM' ANT) AOI1kNatIM TlJRRIrM (I JS'r 11) 19l(;I1S7' 1I, 19911 UNOB11 RC-C ![rrl()N NU. 42WRI ANI) It1!WRI)t?U Al/alJSr ! 1, 1998 (JNUli4 Rl:('U+P TION NO. •1204112. 7"IMS, CI)NDITIONS MIUVISIONS, EASCMIIN IN (1TY OATS AND 111rd 17S OF WAY AS 51i r PgliT!► r: ASPS RAW WATCrt ACMENMENT RL'-MROgp AUUU.Tr 11, 1998 "01111 I(IT..'kPTION NO. 4?04g5. TERMS. (-O)NI)ITICINS, PROVISIONS, FAS'CMI7JTS IJNU(!R 11tir1EPTION NO. 4204BG. E:+(yL'AND RIGU'rS Op WAY AS SWC i;OI2TH IN ('17'Y Or ASPPN I'ItE'rAPI'IN(, A(liil;N'1' k(lCOkUiil) A11L1151' 11, 199g 7'P.RM.S, (T)NINTiONS, PROVISIONS,'!" M INTS ANI) RIGHTS Op WAY AS Slrr i ORT11 iN (T)I.l.VVr1AN SYSrI!M A(;1111LM13N'I' R1!(C)►tUl!I) AlfCII/S`I' I1, 1998 Il/40j!12 RIE(AwrICIN N0. 4,(F187. 11n.15. (�Nr)17'u)Ns, PROVi.SiONS. i!ASn.MHNTS ANO iIIC;IrrS UP WAY AS Sr:'r 1999 UND1114 1 1'f)It'1"11 IN ('ITY (W ASI-niq PRIU( )NNEC110N AC;RI?[iMil!NT RI5( P0YIitI)111) All(;IJS!' I I, 1i-;(7;p'I'ION NO. 42mm MliAMRANIMAi OP UNW.'11TVANDINQ b1;rWHEN T11L1AMF_t 1!. MOORr; FAMILY I'ARl'NI?RSUIN, Lf,LI', AND ASPEN S(:11001.1),snu(-r MiGAUDING AFI'URUAIILE I IOUSINO 11I:CUhUt;U AUGUST 11, 1998 IINU!_R Rlic'L'N'rION NO. 410491. "ASFMCN'r AGRECMF.N'r (UTILITY ANI) DRAINAGE) 01:I'WC[N Dr: JAd•IF 1 . M(TOICL" i AMII_Y f'Alt I NIOtSI ills Lf.1J'T , ANI)'I'Ilf! ASPFN SC*11(301, 1)1.417t1(.1' A11(;I1Sr 11, IM UNI)IIR ►tli('111.170N N0. 42fp177. R1]A-URr)1?A r:Asl!AiC'N FAMILY iyATFli I1Ni'SANO 12ia A IT'n P[1R1'OSFS GRANTI!I) RY'r11I! JAMIs f:. H. 1-) )EI'AA4t).Y 1'Akl'Nlat51111', 1.1_l.l•,'ITI J'lll±('1'CYOil ASNIN, 11I!(pRl)li!)AU(i11SC H. 19'18 UNURN RIE('P.f�rION NO. 4204711. 'rt;ltels, CONI )ITIONS A1vU 1'ROVrslUris A(IF TRENC11. COMMIT AND VAULT GRI i Ag1iN'r RI:( URI)lEh lrma fr 1 t, 1'Yl9 AT RP.(X;i"PION NO. 426490. XLVJA�OAvf��fpry��ry�N464590 C. PITXTIJ CaTr co p419t: g °1 7 R D ! yd3'2x r�J 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. Ted Skokos. 419 E Hyman, Aspen, CO 81611 Property Owner's Name, Mailing Address and telephone number Lot 3 Block G, Moore Family PUD Legal Description and Street Address of Subject Property Insubstantial Plat Amendment for side yard setback Written Description of the Site Specific Plan and/or Attachment Describing Plan Administrative Decision, 6/12/01 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) June 30, 2001 Effective Date of Development Order (Same as date of publication of notice of approval.) July 1, 2004 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 30`h day of June, 2001, by the City of Aspen Community Dgvelopment Director. Ann Woods, Community Development Director 111111111111111111111111111111111111111111111111111111111 456842 07/24/2001 04:02P MEMO DAVIS SILVI '2 -t '2 0 ir-, rAn n P WA KI M (h(r 0T7VT\1 !`AIIkITv nn 40 "a ,,.➢ MEMORANDUM AUd 0 J 2001 ASPEN I PITKIN .......,►nN nMX1 nPME`IT TO: Julie Ann Woods, Community Development Director FROM: Greg Woods, Planning Intern RE: Moore Family Planned Unit Development (PUD) — Lot 3, Block G DATE: June 6, 2001 SUMMARY: Davis Horn Inc represents Ted Skokos, the owner of Moore PUD Lot 3, Block G. The applicant is requesting approval of a Minor Plat Amendment to modify the side yard setback on the subject site. The subject site is located at the south end of the property and is accessed by a driveway located at the east end of Falcon Road. The applicant is seeking a PUD/Plat amendment to expand the south end of the building envelope 10 feet to the south toward the private access easement. The south side of the building envelope is proposed to be located 25 feet from the centerline of the easement. Attached are the relevant criteria. Also attached are pages 1.4, & 8 of the final plat showing the approved building envelope on the subject site. Staff recommends The Community Development Director approve this application, with eight conditions. APPLICANT: Davis Horn Inc. represents Ted Skokos, the owner of Moore PUD Lot 3, Block G LOCATION: Moore PUD, Lot 3 Block G ZONING: R-30 PUD 111111111111111111111111111111111111!!I III IIIII II I Il i CURRENTAND PROPOSED LAND USE: 456842 07/24/2001 04: 02P MEMO DAVIS SILVI 1 of 3 R 15.00 D 0.00 N 0.00 PITKIN COUNTY CO Detached Residential Dwelling . REVIEW PROCEDURE: Amendment to Moore PUD as set forth in Ordinance 24, Series of 1999, Section 4 & Minor Plat Amendment set forth in Ordinance 24, Series of 1999, Section J. The Community Development Director may approve, approve with conditions, or disapprove the application. 4P STAFF COMMENTS: Review criteria and Staff Findings have been included as Exhibit "A." The application has been included as Exhibit "B." RECOMMENDATION: Staff recommends the Community Development Director approve the Moore Family PUD Minor Plat Amendment for, Lot 3 Block G, with conditions. APPROVAL: I hereby approve the Moore Family PUD Minor Plat Amendment of Lot 3 Block G with the following conditions: 1. The plat shall be amended and recorded with the Pitkin County Clerk and Recorders office; 2. The applicant shall keep the actual driveway width to no more than 15 feet but will be allowed sufficient space on either side to control grading/erosion next to the driveway. 3. The applicant shall keep existing vegetation in-between the building envelope and the easement to minimize erosion problems; (no clear cutting) 4. No development shall be allowed outside the building envelope; 5. The building envelope shall be staked and fenced for easy delineation by all contractors; ,date 6/'cam -0 Julie Ann Woods, AICP Vjy tommunity Development Director City of Aspen date GlenTlorn Davis Horn Inc. Planning & Real Estate Consultant I II�III IIIII Ilili� ICI IIIIII �il�Il I'I"I III lill� IIII III 456842 07/24/2001 04:02P MEMO DAVIS SILVI 2 of 3 R 15.00 D 0.00 N 0.00 PITKIN COUNTY CO ATTACHMENTS: Exhibit A -- Review Criteria and Staff Comments Exhibit B -- Development Application Exhibit C -- Amended Plat of Lot 3, Block G. Moore Family PUD 2 Exhibit A Review Criteria & Staff Comments Review criteria for the Moore PUD is evaluated under Ordinance 24, Series of 1999, Section 4 & 5. Ordinance 24, Series of 1999, Section 4 states: a. The amendment must be a clarification or a technical correction to the plat. Staff Comments: It was determined after the construction of Falcon Road and the private access easement that a house located on Lot 3 would be easier to access if the building envelope was closer to the access drive. b. The amendment must not change the use of the proposed development between residential, commercial and tourist accommodations uses. Staff Comments: Changes in use are not proposed. c. The amendment must be consistent with action taken during the review of the original development and does not constitute new land development activity. Staff Comments: The level of development activity will be identical to the activity approved in the Moore PUD land use review. Their proposal will not result in new land development activity. 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. Staff Comments: The proposed amendment does not affect the basic character of the approved use of land. d. ii. The proposed amendment does not increase off -site impacts in the surrounding neighborhood. Staff Comments: The propsed minor amendment will not result in an increase in off -site impacts on the surrounding neighborhood. *I* 00 d. iii. The proposed activity does not endanger public health, safety or welfare. Staff Comments: The proposed amendment does not affect public health, safety or welfare. d. iv The proposed activity does not substantially increase the need for on -site parking or utilities, or affect affordable housing generation, Staff Comments: The minor amendment does not affect on -site parking, utilities or affordable housing generation. d. v. Increase the floor area of the use by more than two percent or decrease open space on the site by more than three percent. Staff Comments: Any change to open space resulting from relocating the south building envelope is insignificant because open space in the Moore PUD is based upon common open space in the entire PUD, not just one lot. Floor area is not affected by the proposed amendment. Ordinance 24, Series of 1999, Section S states: a. The amendment increases or does not affect the degree of compliance with land use code standards. Staff Comments: The amendment neither increases or does not affect the degree of compliance with Code standards. Building envelope setbacks were established as part of the PUD review process. b. The amendment is being made to a recorded palt which has been approved by the City. Staff Comments: The Moore PUD Plat was approved by Pitkin County. The City of Aspen annexed the subdivision and accepted the County approvals pursuant to Ordinance 24, Series of 1999. c. The amendment was consistent with representations made to Pitkin County during the conceptual and detailed subdivision reviews whichever is applicable. Staff Comments: The proposed Plat amendment is generally consistent with representations made to Pitkin County during the land use review process. The proposed setback change is insignificant. Davis Horn - PLANNING & REAL ESTATE CONSULTING May 17, 2001 Greg Woods City of Aspen Community Development 130 South Galena Street Aspen, Colorado 81611 Re: Moore PUD Lot 3 Plat Amendment Dear Greg: We represent Ted Skokos in this land use application. As you requested, I have performed some calculations to address Ordinance 24, Series of 1999 standard d.v. Presently, the Lot 3 building envelope contains approximately 9,450 square feet. After the expansion of the building envelope it will contain approximately 11,040 square feet. The change will increase the size of the building envelope by approximately 1,590 square feet. Attachment 1, Moore PUD Final Plat page 2/9 shows that the Moore PUD contains approximately 107.34 acres or 4,675,730 square feet of common open space for the benefit of the entire PUD. This figure would be substantially larger if non -developable land outside of building envelopes on the 71 single-family lots was counted. The addition of 1,590 square feet of land to the Lot 3 building envelope is .034 percent of the total common open space in the Moore PUD. 1,590 sf / 4,675,730 sf = .00034 = .034 % Another way to analyze the proposed plat amendment is to compare the increase in building envelope size to land on Lot 3 outside of the building envelope. Presently, Lot 3 contains 2.098 acres or 91,388 square feet. Since the building envelope contains approximatley 9,450 square feet, there are 81,938 square feet outside of the building envelope. The addition of approximately 1,590 square feet to the building envelope reduces the quantity of land outside the building envelope by 1.9 percent as shown below. 1,590 sf / 81,938 sf = .0194 = 1.9 % The preceding analysis for just Lot 3 is invalid because open space in a PUD is based upon common open space in the entire PUD, not just one lot. However, the effect of the proposed change to the ALICE DAVIS, AICP I GLENN HORN, AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925-6587 • FAX: 970/925-5180 4.1 r 4F Greg Woods May 17, 2001 Page 2 building envelope complies with Ordinance 24 series of 1999 standard d.v. based upon either methodology. The information in this letter addresses the concerns you raised this morning. Please call me if you have any questions or if you would like me to show you the site. Thanks for your assistance. 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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- �> U �-j 12-105, C.R.S.; and authorizing publication of said hearing; and z a WHEREAS, a public hearing was held on May 24, 1999; and cz M zWHEREAS, the City Council, by resolution (Number 42, Series of 1999) at its regular cm meeting on May 24, 1999, following a public hearing did find and determine said Petition for �a m m Annexation to be in substantial compliance with §§ 31-12-104 and 31-12-105, C.R.S.; and cWHEREAS, the City Council does hereby find and determine that approval of the �m annexation of said territory to be in the City's best interest; and N r WHEREAS, Pitkin County granted the owners of the Moore Family PUD land use �o 0 M � r� W 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 y 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. 111111111111111111111111111111111111111111111111111 IN 433361 07/14/1999 08:44A ORDINANC DAVIS SILVI 2 of 5 R 25.00 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: tea. 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. I 1111111111111111111111111111111111111111111111111111111111111 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 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. � 1 f 4s ,�SAVTEST: ``Zr A �- ;c _ ` ! Kaali�S. R - h; Cit 4erk 11111111111111111111111111111111111111111111111111111111111111 433361 07/14/1999 08:44A ORDINANC DAVIS SILVI 4 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO a FINALLY adopted, passed and approved this C day of 1999. �AIT"Fy Kathryn S. K Ci Clerk J'jv+i,J ,, JPW-06/22/99-G:\John\word\ords\moore.doc . 09A 111111111111111111111111111111111111111111111111111 IN 433361 07/14/1999 08:44A ORDINANC DAVIS SILV 5 of S R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO 5 1 • • Davis Horn - PLANNING & REAL ESTATE CONSULTING James Lindt City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Moore Family Planned Unit Development Amendment (PUD) -- Lot 3, Block G Dear James: Davis Horn Incorporated represents Ted Skokos, the owner of Moore PUD Lot 3, Block G (Applicant). This application requests approval of a Minor Plat Amendment to modify the side yard setback on the subject site. Attachment 1, a 11" x 17" photo reduction of page 4 of 9 of the Moore Family PUD Final Plat, depicts the location of Lot 3, Block G within the Moore PUD. The subject site is at the south end of the property and is accessed by a driveway located at the east end of Falcon Road. Attachment 2, a 11" x 17" photo reduction of page 8 of 9 of the Moore Family PUD Final Plat, depicts the approved building envelope on the subject site. The Plat shows a private access easement traverses Lot 3 providing access to the building envelopes on Lot 3 and Lot 14 to the east. The access easement also provides emergency access and egress to Lots 4, 5, 6 and 11 (Block G). The Moore PUD General Submission proposed accessing Lots 4, 5, 6 and 11 via Falcon Road and the private access easement, however Piktin County required the primary access to these lots to be via Moore Drive. Falcon Road and the private access easement provide emergency egress to Lots 4, 5, 6 and 11 in the event of a wildfire. In the past, we have met with Nick Lelack to discuss this issue. Nick has visited the site and presented the request to the Community Development Department staff. Proposed Plat Amendment Attachment 3 is a copy of the proposed plat amendment (11" x 17" and 24" x 3611). The applicant is seeking a PUD/Plat amendment to expand the south end of the building envelope 10 feet to the south toward the private access easement. The south side of the building envelope is proposed to be located 25 feet from the center line of ALICE DAVIS, AICP I GLENN HORN, AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925-6587 • FAX: 970/925-5180 the easement. Land Use Approvals Attachment 4, the pre -application summary sheet, indicates the applicant must demonstrate compliance with Ordinance 24, Series of 1999, Section 5. This section demonstrates compliance with the standards. Standard a. The amendment must be a clarification or a technical correction to the plat. It was determined after the construction of Falcon Road and the private access easement that a house located on Lot 3 would be easier to access if the building envelope was closer to the access drive. Standard b. The amendment must not change the use of the proposed development between residential, commercial and tourist accommodations uses. Changes in use 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. 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. 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. The proposed minor amendment will not result in an increase in off -site impacts on the surrounding neighborhood. 051 • • Standard d.iii. The proposed activity does not endanger public health, safety or welfare. 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. 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. Any change to open space resulting from relocating the south building envelope line is insignificant. Floor area is not affected by the proposed amendment. a. The amendment increases or does not affect the degree of compliance with land use code standards. The amendment neither increases or does not affect the degree of compliance with Code standards. Building envelope setbacks were established as part of the PUD review process. b. The amendment is being made to a recorded plat which has been approved by the City. The Moore PUD Plat was approved by Pitkin County. The City of Aspen annexed the subdivision and accepted the County approvals pursuant to Ordinance 24, Series of 1999. C. The amendment is consistent with representations made to Pitkin County during the conceptual and detailed subdivision reviews whichever is applicable. The proposed Plat amendment is generally consistent with representations made to Pitkin County during the land use review process. The proposed setback change is insignificant. Summary This application has proposed a minor amendment to the Moore PUD 3 Plat to relocate the south side of the building envelope on Lot 3 Block G. The applicant has demonstrated compliance with the standards of the Code identified by Nick Lelack in the pre - application conference. The following attachments are included for your information. 1. 11" x 17" photo reduction of page 4 of 9 of the Moore Family PUD Final Plat; 2. 11" x 17" photo reduction of page 8 of 9 of the Moore Family PUD Final Plat; 3. Proposed plat amendment to Moore PUD Lot 3 Block G (11" x 17" and 24" x 3611); 4. Pre -application summary sheet; 5. Vicinity Map; 6. Proof of ownership; 7. Agreement to pay fees; and 8. Authorization to submit application. Please contact me if you need any additional information. Thank you. Sincerely, D V S HORN INCORPORATED GL HORN AICP Skokos 0 �I CW � O t d R� w 01 Pt 1d�OJ N � yy� O. 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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 mint be consistent with action taken during the review of the original 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, Nuu-u4-euuu r K 1 ue ; !Do rn r HA NU. r. ue I— L-1 v, Increase the floor area of the use by more than two (2) percent or decrease op -ell TTACENT 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 spade 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: Water, ACSD, Engineering, Parks. Planning Fees: Planning Deposit ($480) Referral Agency Fees: $160 for Engineering. Total Deposit: $640 (additional planner hours beyond the 2.5 covered by the deposit shall be billed at a rate of $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 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, casements, 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. 5 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 ''/:" by 11" vicinity map locating the parcel within the City of Aspen. 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. HUU-U4-L000 MI 0e;b1 rn rHA NU. r. UJ ATTACHMENT L4 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 Lclack 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. ATTACMENT l�icinity �Q,v Owner Na ddress IAccount FIVE TREES LOT =C R016767 N C/O TED C SKOKOS 425 W CAPITOL AVE STE 3200 Year District LITTLE ROCK AR 72201-3469 2001 087 Apr Dist St A r27 rcel Number MH Space Seq 3514111103 Street No r r Street Name Type Location City ASPEN BACode Business Name SUB:MO a Location Zip Acct Type Lagt - 81611 11000 r Id Owner Location Map No Version V. Date Time fi pp New Version 29 01041200,0 _ 112-APR-2001 03:36 PM ; ,2001041 0UQ ---- ----- - ❑ ❑Tax Items x TYPE ACTUAL ASSD ACRES SQ FT Name ❑ Protest (T) ❑ CAMA (A) VACANT LAND 968,000 280,720 2.098 31.320000 AFIC x . ,_�Leaa1 Description Situs ❑ Pre/Suc ❑ Mobile Auth Ale ❑ PersojGas ❑ Mobile ❑Remarks ❑ Value ❑ Oil an ❑ Tract ❑ Condo ❑ Tax Sale ❑ Spc Asm ❑ State Asd ❑ Recor ❑ Block ❑ Mines ❑ Control ❑ Sales ❑ Sibling ❑ History ❑ Photo ❑ Misc ( ❑ Flags _ TOTAL 968,000 Queries BLK/LOT 280,720 2.098 ❑ rCu Year Prior Version Tax Trx i Year Ne(x)t Version Abatement Next Year Characteristics Property Card Update Clear Exit �i ATTACHMENT (0- ASP) N/PITKIN ATTACHMENT COMMUNITY DEVELOPMENT DEPAR"fMENT A�rcement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and -- S k CD O (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for 1`1 t7 r^e P 0 C) t.._ J T - T- n S -, b ST- �. rv, l u !� U 1�rtT- (hereinafter, THE PROJECT) 3. APPLICANT understands and a2rees that City of Aspen Ordinance No. 49 (Series of 1998) establishes a fie structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter pennit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred_ Cl17Y agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further abrce that it is impracticable for CITY stiff to complete Processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings arc paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of S %LI O which is for �2— hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be tnade within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processng have been paid. CITY OF ASPEN By: Julie Ann Woods Community Development Director g:\.cupportll'orntslagrpayas.doe 12/27/99 APPLICANT --- --Fe..1 S Date: 31 1 -L 1 0 1 Mailing Address: �� S w�S� G�`� ; Tom► �-„� L. -f rl C L lT l X ATTACHMENT '' Ted Skokos World Communications Systems Inc. 425 West Capitol Avenue Little Rock, AR 77201-3469 501-374-1107 March 12, 2001 Nick Lelack Aspen Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Moore PUD Lot 3: Insubstantial Amendment Dear Nick: I own Moore PUD Lot 3. This letter authorizes Davis Horn Incorporated to submit an Insubstantial PUD Amendment for my lot. The purpose of the amendment is to reduce the approved setback on the uphill side of the lot. Please contact me at 501-374-1107 if you have any questions or would like to speak with me. Thank you for your assistance. Sincerely, Ted Skokos Old Snowmass .— ---� Gateway to• S...-s Utde Elk Creek • Watson Divid Lo As Ranch Village' l C` I Shield O Mesa. >> Wildcat Ranch El LF .Sams Knob WHITE RIVER NATIONAL FOREST WHITE RIVER NATIONAL FOREST !� V Woody Cre Z, Cory Point e o go Brush Creekk :t._..d I" Yllage _� Iz Sandy,. Field. \ L PF� •Butt Ik grli (1, _1, Red Mt. +Ski kw-', Subdivision \, Burnt Mt. Vicinity ffap N• T. S. Are. Legend o Indicates set monument, 15 rebor and red plastic cap, L.S. 10133. 0- Indicates found BLM monument. The record bearing between the southeast comer 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 Northeast corner of Lot 3 and the NE 1116 of Section 4 is for the informational use of the City of Aspen. This tle In no way supersedes the Plot of Record of the Moore Family PUD, recorded August is 1998, in Plot Boc< 45, at Page 81. 0110 ' LINE TABLE LINE LENGTH BEAR/NG L 1 23. 74 N08'28 40 V L2 72.16 N7723'l1 E T3 77. 16 N7723'11 'E CURVE TABLE CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA C1 610.48 256.12 129.97 254.25 S75`57'10'tN 24°02'16" C2 200. DO 36.95 18.53 36.90 N82°40 44'E 10'35 07" C3 635.48 71.53 35.80 77.49 584'4449"W 6'2658" C4 175.00 32.33 16.21 32.29 N82°40 44'E 10 35'07" AMENDED PLA T OF LOCK G T.HE HOORE FAMIL Y P. U.D. LOT 3, B This plat amends the building envelope on 'Lot 3, Block "G's THE MOORS FAMILY P. U.D., A PLANNED COMMUNITY recorded at Book 45 at Page 81, in the Office of the Pitkin County Clerk and Recorder. NORnMST 1116 CORNER SECTION 14 r£R71F1CAZION OF DEDICATION AND OWNERSHIP TED SKOKUS IS THE OWNER OF CERTAIN LANDS IN PITKIN COUNTY, COLORADO LOCATED WITHIN THE MOORE FAMILY PUD ACCORDING TO THE PLAT THEREOF RECORDED ON AUGUST 10, 1998 IN PLAT BOOK 45 AT PAGE 81, DESCRIBED AS FOLLOWS. - LOT 3, BLOCK G; ., DOES HEREBY EXECUTE AND RECORD 7H/S AMENDED PLAT FOR THE FOLLOWING PURPOSES: (A) ADJUST THE BUILDING ENVELOPE ON LOT 3, BLOCK Q; tl THE AMENDMENTS DO NOT AFFECT LOT SIZE OR ANY EASEMENTS AS SHOWN tl 1i ON THE PLAT OF THE MOORE FAMILY PUD RECORDED ON AUGUST 10, 1998 /N 1 PLAT BOOK 45 AT PAGE 81. t t • 1 1 � 1 1 20' SEWER By. 11 m1 EASEMENT TED SKOKUS 5�e0�3 �o BUILDING ENVELOPE 1\ / \ 25• 69 C3 --- 110 Q. V 20' PRIVATE ACCESS EASEMENT, EMERGENCY ACCESS EASEMENT t� � 11 ` tl AND WATER EASEMENT 6�g .0'/ 1 N 1 20' PRIVATE tl ItI� 1 SJU TRAIL rna 1 , It ; CP O 1 N85"38'167 It 11 404.25' l00.74' GRAPHIC SCALE b0 0 25 50 100 200 ( IN FEET ) I inch = 50 ft. tce: SCHMUESER GORDON MEYER cording to Colorado Law, you must mmence )any legal action based upon any ( ($ W. 15TH STREET, SUITE 200 fact in this survey within three years after COLORADO S 160 u first d(scover such defect. In no event 6GLENWOOD SPRINGS, 7y any legal action based upon any defect (970) 945- 1 004 FAX (970) 945-5948 this survey be commenced more than ten SCHMUESER GORDON MEYER ASPEN, COt_OwoDO (970) 925-6727 ors fromll the date of the certification shown reon. I ENGINEERS S. SURVEYORS E-mail: survey@sgm-inc.com I [ 4 THE HOORE FA MIL Y P. U. Do STALE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2001, by 7ED SKOKUS WITNESS my hand and official seal. My commission expires [SEAL] Notary Public t FOLK CEMECA7E The undersigned for itself, Its successors, and assigns, as beneficiary of the Deed of Trust, recorded on 12 April, 2000, at Reception No. 442187 hereby consents to the recording of this Amended Plat and agrees that no foreclosure or the enforcement of any remedy pursuant to that deed of trust shall impair, invalidate, supersede, or otherwise affect the covenants, restrictions and easements established herein. vEC7RA BANK COLORADO 554 EAST HYMAN ASPEN CO 816111 By. Stan Brown, Vice President ACKNOWLEDGMENT State of ) ss County of ) The foregoing Lenders Certification was acknowledged before me by Stan Brown 200t. as Vice President of the Vectro Bank, on this day of Witness my hand and official seal. My commission expires: Notary Public REVISION DATE I BY A COLORADO NON PROFI CORPORATION A7)ON INC, By. Dwayne Romero, President ACKNOWLEDGMENT STALE OF ) ss. COUNTY OF __ ) The foregoing instrument was acknowledged before me this day of 2001, by THE MOORE FAMILY PUD MASIER ASSOCIATION, INC, A COLORADO NON PROFIT CORPORATION, by Dwayne Romero, as President. WITNESS my hand and official seal. My, commission expires [SEAL] Notary Public 1, Stephen L. Ehlers a duly registered Professional Land Surve ,or in the State of Colorado, do hereby certify that this " AMENDED PLAT ;;h LOT ,i, BLOCK G, THE MOORE FAMILY PUD' correctly represents the results of u sur ey made under my direct responsibility, supervision and checking, which survey was prepared in accordance with Article 51 77tle 38 of the Colorado Revised Statutes, and that this Plat contains all the information required by Colorado Revised Statutes 38-33.3-209. Survey precision Is greater than 1: 10,000. Field survey was completed 9 MARCH 2O01. By. COLORADO REGISTERED PROFESSIONAL LAND SURVEYOR NO. 20133 Community Development Director ADOfaVOI This Amended Plat of Lot 3, Block G, The Moore Family P.U.D. has been approved by the Community Development Director of the City of Aspen, Colorado, this day of 2001. Julie Ann Woods, Director CCTV ENGNENN R S APPROVAL This Amended Plat of Lot 3, Block G, The Moore Family P.U.P. has been approved by the City of Aspen Department of Engineering this day of _ 2001. City Engineer CLERK ,k RECORDER'S CERTIFICATE I hereby certify that 'Amended Plat of Lot 3, Block G, The Moore Family PUD' was accepted for recording in the oftrce of the Clerk and Recorder of Pitkin County, this day of _ _ 2001 and is duly recorded in Plat Book _ at Page ____ as Reception No. in the Records of Pitkin County, Colorado. PITKIN COUNTY CLERK AND RECORDER AMENDED PLA T LOT 3, BLOCK G Job No2001— W-001 Drawn by: DC.W Date: 3-9-01 Approved: OF 1 File., lot3a