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PRE-APPLICATION CONFERENCE SUMMARY
DATE: 10/15/21
PLANNER: Jim Pomeroy
PROJECT NAME AND ADDRESS: Barbee Subdivision Lot 1&2
PARCEL ID# 273513103001 & 273513103001
REPRESENTATIVE: Chris Bendon
DESCRIPTION: The Barbee Subdivision is a multi-lot subdivision at the base of Aspen Mountain that was annexed
into the City and approved in 1999. The Subdivision was approved via Ordinance 11 (1999), and the annexation
was approved via ordinance 12 (1999). The subdivision consists of 4 free market lots and an Affordable housing
project known as Trainor’s Landing. Of the 4 original Free market lots, 2 are left undeveloped – Lots 1&2. Lot 1
contains the original Barbee family home and consists of a building envelope which occupies a small portion of
the lot. The rest of lot 1 is part of a Deed of Conservation Easement, reception #438305, and controlled by Aspen
Valley Land Trust (AVLT).
The applicant has discovered mine tailings on portions of lot 1 and lot 2. The mine tailings were tested, and high
concentrations of dangerous chemicals were found in the soil. Therefore, in consultation with the City Engineering
Department, the applicant plans on removing the contaminated soil from the lots. The work being proposed is
within 150’ horizontally of the 8040 elevation line, therefore, the applicant is required to submit an application for
an 8040 Greenline Exemption per Section 26.435.030 of the Land Use Code for the proposed work.
Pursuant to Land Use Code Section 26.435.030.B, 8040 Greenline Review, Exemption, the Community
Development Director may exempt development (via a notice of approval) that meets the following review
standards:
1. The development does not add more than ten percent (10%) to the floor area of the existing structure
or increase the total amount of square footage of areas of the structure which are exempt from floor
area calculations by more than twenty-five percent (25%); and
2. The development does not require the removal of any tree for which a permit would be required
pursuant to Section 15.04.450 or the applicant receives a permit pursuant to said Section; and
3. The development is located such that it is not affected by any geologic hazard and will not result in
increased erosion and sedimentation.
4. All exemptions are cumulative. Once a development reaches the totals specified in Subsection
26.435.030.B.1, an 8040 Greenline review must be obtained pursuant to Subsection 26.435.030.C.
If these review standards cannot be met, the applicant would be obligated to apply for an 8040 Greenline
review. This would be a Public Hearing with the Planning and Zoning Commission.
Because a portion of the contaminated soil is within the conservation easement section of Lot 1, AVLT will
need to approve any work being performed on that portion of lot 1. Also, the approvals contain several
development restrictions for these properties that may be more restrictive than what is contained in the
8040 Green line Review Code language.
RELEVANT LAND USE CODE SECTIONS:
Section Number Section Title
26.304 Common Development Review Procedures
26.435.030 8040 Greenline Review.
For your convenience – links to the Land Use Application and Land Use Code are below:
Land Use Application Land Use Code
REVIEW BY: Community Development staff for complete application and administrative review.
PUBLIC HEARING: No – if an Administrative 8040 Greenline Exemption.
PLANNING FEES: $1300 deposit for 4 hour of staff time (Additional/fewer hours billed/refunded at $325
per hour)
REFERRAL FEES: City Engineering Department - $325/hour
City Parks Department - $975 Flat Fee
City Environmental Health Department - $975 Flat Fee
TOTAL DEPOSIT: $3,575
APPLICATION CHECKLIST – PLEASE EMAIL APPLICATION TO: jim.pomeroy@cityofaspen.com
Completed Land Use Application and signed Fee Agreement.
Pre-application Conference Summary (this document).
Street address and legal description of the parcel on which development is proposed to occur,
consisting of a current (no older than 6 months) certificate from a title insurance company, an
ownership and encumbrance report, 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. The purpose of this requirement is to show that the Applicant has the authority to apply
for a Land Use Case.
A written description of the proposal and an explanation in written, graphic, or model form of how the
proposed development complies with the review standards relevant to the development application
and relevant land use approvals associated with the property.
A site improvement survey (no older than a year from submittal) including topography, existing
structures, and vegetation showing the current status of the parcel certified by a registered land
surveyor by licensed in the State of Colorado. This survey also is required to depict the 100-year flood
plain, the high-water mark of the roaring fork river and any ditch easement that cross the property.
HOA Compliance form (Attached to Application)
Once the copy is deemed complete by staff, the following items will then need to be submitted:
Total fee for review of the application.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on
current zoning, which is subject to change in the future, and upon factual representations that may or may not
be accurate. The summary does not create a legal or vested right.