Loading...
HomeMy WebLinkAboutcoa.lu.pu.Moore PUD Bus.A01102 ~ CASE NUMBER PARCELID# 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 ~ A011-02 2735-141-12150 Moore PUD Amendment for Bus Stop Shelter Chanae Moore Open Space Sarah Oates PUD Amendment Citv of Aspen Transportation Department John Krueaer 3/5/02 Approved 3/13/02 J. Lindt n '" '<.c , , . c .' , f""") '" :/ NOTICE OF APPROVAL TO: Julie Ann Woods, Community Development Director Sarah Oates, Zoning Officer <;;;-:, FROM: RE: Moore Family PUD-Insubstantial Amendment to SIA Condition #8 DATE: February 25, 2002 SUMMARY: Zoom Flume, LCC is requesting an Insubstantial PUD Amendment to make changes to the Subdivision Improvement Agreement Condition #8. Representations were made at the time of General Submission that the applicant would provide two (2) bus stops near the Moore PUD development. The representation made was that the existing bus stop near the High School, across Maroon Creek Road from the Iselin facility, would be upgraded and that a bus stop would be installed at the lower entrance to the school facility, near the bus barn. The applicant has been working with the City of Aspen Transportation Department and both parties have agreed that it is in the best interest of the neighborhood and the City if only one bus stop be provided, although the applicant will be providing a payment of $16,000 which will serve as the guarantee for two bus stops. 'Community Development staff recommends approval ofthe requested Insubstantial Amendment to allow Zoom Flume, LLC to provide $16,000 to meet Condition #8 of the Moore Family PUD Subdivision Improvements Agreement which reads as follows: Bus Stop Shelters. Owner agrees to install or guarantees installation of two (2) bus stop shelters as setforth in the General Submission Approval (attached to the Resolution) in the location(s) approved by the County and RFTA. The Owner shall design such shelters as acceptable to RFTA. The $16,000 will be used by the City of Aspen to provide one (1) RFTA bus shelter near Moore Drive. APPLICANT: REPRESENTATIVE: Zoom Flume, LLC Ann Klauss of Hines Highlands Limited Partnerships & John Krueger of City of Aspen Transportation Dept. Moore Family PUD Conservation (C) PUD Payment of$16,OqO for one (1) bus stop to meet Condition #8 of the SIA . LOCATION: ZONING: REQUEST: 1""'-. t"'l .' Community Development Director Decision The Community Development Director finds the Insubstantial Planned Unit Development Amendment to the Moore Family PUD to be consistent with the review criteria, and hereby approves the following amendment to the Moore Family PUD: Zoom Flume, LLC will provide $16,000 to meet Condition #8 of the Moore Family PUD Subdivision Improvements Agreement which reads as follows: Bus Stop Shelters. Owner agrees to install or guarantees installation of two (2) bus stop shelters as set forth in the General Submission Approval (attached to the Resolution) in the location(s) approved by the County and RFTA. The Owner shall design such shelters as acceptable to RFTA. The $16,000 will be used by the City of Aspen to provide one (1) RFT A bus shelter near Moore Drive. Attachments: 1. Letter of Request, February 12, 2002 2. Copy of Payment & Correspondence with City Attorney, February 11,2002 APPROVED BY: DATE: )~.:>>- ~kA~ / A.Pp . 1901/." t::.D J/,q) COI.14fUNII'( ., 5 2002 DEJ;E. Clry (W,lJ€A;r o/',d,SP€N DIR€CTO{y Ie Ann Woods ommunity Development Director ( , 2 A ~ REVIEW CRITERIA & STAFF FINDINGS The standards for an Insubstantial PUD Amendment for the Moore Family PUD were set by Ordinance 24, Series of 1999, Section 4. The Section states: 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 ora technical co~re.ction to a plat. b. The amendment must not cha~ge thellse ofthe 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 ofland 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. StaffFinding Standard a. is not relevant because the amendment is not a clarification or technical correction to a plat, but rather a minimal error made dUring construction. The amendment does not change the use of the proposed development in any way and is consistent with action taken during the review of the Moore Family PUD. Off-site impacts to the surrounding neighborhood will actually minimized by providing only one (1) bus stop. 3 .~II 19,1-",.5 1""'\ , .~ ~ .,: ,. . THE CITY OF ASPEN OJ:rICE OF THE '(In' ArrORNEY . February 11, 2002 Anne R.Clauss Hines . P.O. Box 5115 Aspen, CO 81612 Re: Letter of Agreement Dear Anne: Enclosed please find an executed copy of the agreement you sent to us. Please accept this . letter as an ackllowledgement that the City did receive a check in the-amount of $16,000.00 as contemplated by the agreement. . Thank you for your assistance in this mattei. Sincerely, _ _ /;//#fl ~ ~~r1ter City Attorney cc: Randy Ready. / John Kruger.../ Jeff Woods JPW -02/11/2002-G:\john\word\letters\c1auss.doc 130 Soum' GALENA STREF! . ASPEN, COLORADO 81611.1975 . PHONE 970.920.5055 . FAX 970.920.5119 l'rinted on Recycled Paper ZOOM FLUME, LLC . A HINES DEVELOPMENT P.O. BOX 5115 . ASPEN, CO 81612 frvtc FOLD. HERE u(. 16000.00 ZOOM FLUME, llC . A HINES DEVELOPMENT P.O. BOX 5115 ASPEN. CO 81612 DATE PAY TO THE ORDER OF ...~~.~ cNE.R $25,000' REQUIRE.S A CO.SIGNER Aspen, CO 81611 II' 0 0 ~ 0 2 a II' I: W 20 0 0 0 2 l. I: W :l b 5 5 :l b L, L, a 911' 1028 cents ~.,/' . r) ('"') To City of Aspen C/o John Worcester From Anne Clauss, Hines, for Zoom Flume LLC Re Open Space Area 7 - The Moore Family PUD RFTA Access Easement Request Date January 14, 2002 Dear John, , Per our phone conversation this morning, I have redrafted this memo to reflect your request for ZF LLC payment up front. Please review and if acceptable, sign for COA & RFT A. Upon receipt ZFLLC will cut a check payable to COA for$16,000.00 and will expect upon payment a release form from all obligations to RFT A from ZF LLC. This memo is to capture an agreement between the City of Aspen and Zoom Flume LLC as discussed and verbally agreed to between John Worcester (COA) and Anne Clauss (ZFLLC). The City of Aspen wants: . A broad easement across MFPUD Open Space to allow for the construction and the permanent use of a RFT A bus stop and shelter, a pedestrian overpass and trail connection. Hines wants: Release of ZFLLC RFT A bus stop shelter responsibility per agreement item #8 in the MFPUD SIA.' On behalf of the FiveTrees (MFPUD) HOA, Hines also wants: Foot trail connection between FiveTrees and RFT A bus stop. Wind block at Moore Drive/Maroon Creek Road RFTA stops (trees, berm, or shelter) Fo'ot trail connection to/from Moore Drive. Restoration ofNE comer of Maroon Creek Road arid Moore Drive.' J- As the owne. of Open Space Area;r, ZF LLC agrees to convey to the COA an easement across Open Space Area 1- for the construction and operation of a RFT A bus stop. The COA agrees to carry out all documentation, requests, proposals or oUler procedural matters to the appropriate parties to secure this easement. ZFLLC will not be responsible for any payment for legal, engineering, surveying, or public appearance fees. In exchange for release from RFTA liabilities as called out in the MFPUD Subdivision Improvement Agreement (recorded at Reception #420468 on August 10, 1998 with the Pitkin County Clerk, specifically Aereement Item #8, Bus Ston Shelters) ZF LLC will immediately make a payment of$16,000.00 payable to the City of Aspen. City of Aspen further agrees, to the best of their abilities, to honor the four (4) HOA requests outlined above, and ZF LLC's agreement to grant the Open Space 7 easement is based on the City of Asperis good faith effort toward these ends. Agreed to in form and content as signed below a(~ wV Roej~. Daniel ' d~l'Y~ orcester City Attorney City of Aspen On behalfofRFTA Vice President ZF LLC .......'....... () (""\ I February 12, 2002 Julie Ann Woods Community Development Director City Of Aspen 130 South Galena Aspen, Co 81611 Dear Julie Ann, Zoom Flume LLC is writing to request your approval of a minor PUD amendment to the Subdivision Improvement Agreement For The Moore Family PUD, A Planned Community (Moore Family SIA). The minor PUD amendment is specifically in regard to the following item in the Moore Family SIA: Agreement: page 3 8. "Bus Stop Shelters. Owner agrees to install or guarantees installation of two (2) bus stop shelters as set forth in the General Submission approval (attached to the Resolution) in the location(s) approved by the County and RFTA. The Owner shall design such shelters acceptable to RFT A." After consultation and meetings with the City, RFTA, the Five TreesMetro District and the Aspen School District representatives it was decided that two bus stops and shelters planned for the bus barn area and the Moore Drive area were not necessary and in fact undesirable. The potential site at the school bus barn area is unsafe for users from the school and RFT A drivers. This stop would cause a conflict of school buses, automobiles, RFT A buses and children coming from the school to catch the RFT A bus. The stop would also add to the trip time of the bus and potentially cause a reduction in frequency on an already heavily used route. The location of this stop would only serve as a one- way type of stop making it an unproductive stop. It was determined that one good bus stop at the Moore Drive location would be a much better and safer solution. This one centrally located bus stop would provide better service to the School complex, the Iselin Park complex and the MoorelFive Trees development. Zoom Flume LLC has agreed to provide the funds to the City originally required for both bus stops and shelters for the one stop at the Moore Drive area. These funds are to be used as the City sees fit toward the bus stop and/or shelter at this location. The amount has been determined and agreed to be $16,000. In return for this payment, Zoom Flume LLC would request to be released from its obligation as stated in the Moore Family SIA Agreement, "8. Bus Stop Shelters." Zoom Flume LLC is therefore, requesting that the Community Development Director for the City of Aspen approve this minor PUD amendment to the Subdivision Improvement Agreement For The Moore Family PUD, for the consolidation of the two (2) bus stops and shelters into one bus stop and shelter at the Moored Drive area location. ,~. ....... r'1 Please advise us of your finding on this matter and let us know.