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HomeMy WebLinkAboutcoa.lu.pu.Moore Family PUD TDR 850 Moore Dr.0039.2007 THE CITY OF ASPEN .. City of Aspen Community Development Department CASE NUMBER 0039.2007.ASLU PARCEL ID NUMBER 2735-141-11-109 //~,^ ,~, PROJECT ADDRESS 850 Moore Dr. ~~~ ra`"( ~"" "'" ! ~~~ PLANNER Ben Gagnon CASE DESCRIPTION Final PUD REPRESENTATIVE Gideon Kaufman DATE OF FBVAL ACTION 9/4/07 CLOSED BY Amy DeVault NA °' MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Jennifer Phelan, Acting Community Development Deputy Director FROM: Ben Gagnon, Special Projects Planner RE: Moore Family PUD Amendment, Resolution No~~ Series 2006 -Public Hearin¢ MEETING DATE: September 4, 2007 APPLICANT /OWNER: Five Trees Homeowners Association. REPRESENTATIVE: Gideon Kaufman, of Kaufman, Peterson & Dishier LOCATION: Moore Family PUD. CURRENT ZONING & USE R-30/PUD PROPOSED LAND USE: The application requests that the existing 6,000 squaze foot limit on above-grade development for each parcel be increased to 6,500 squaze feet. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission approve this PUD Amendment, with conditions, finding that the proposal is "consistent with or an enhancement of the Moore Family PUD [§26.445.100(B)]. SUMMARY: The applicant requests an increase in the maximum allowable FAR from 6,000 squaze feet (above-grade)to 6,500 square feet(above-grade) via the use of up to two (2) City Transferable Development Rights (TDRs). Each TDR would allow for the addition of 250 squaze feet (above- .grade) to a pazcel. This PUD Amendment would not alter other dimensional requirements, such as height limitations, and would have to be used within the footprint of existin¢ structures at the Moore Family PUD. LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval from the Planning and Zoning Commission: PUD Amendment f Other Amendment] to increase maximum allowable FAR for the Moore Family PUD pursuant to Land Use Code Section 26.445.100(B). The Planning and Zoning Commission is the fmal review authority, who may approve, approve with conditions, or deny the proposal. PROJECT SUMMARY: In July 2007, the applicant sought administrative approval for an Insubstantial Amendment [§26.445.100(A)] to allow an increased FAR for each parcel in the Moore Family PUD from 6,000 s.f. to 6,500 s.£, using City of Aspen TDRs. P 2 ~~~ Staff found that the application did not meet threshold standard #9 for an Insubstantial Amendment. That standard states that a PUD Amendment is not an Insubstantial Amendment if there is, "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." Specifically, staff found that the proposed increase in allowable floor area was not consistent with the specific representation in the Moore Family PUD Final Development Approval, which established a specific FAR limit per pazcel of 6,000 square feet above-grade. The applicant then proposed to apply under the category of "Other Amendment" [Section 26.445.100(B)]. The Community Development Director subsequently found the application to be "consistent with or an enhancement of the approved final development plan," but "does not meet the established thresholds for an Insubstantial Amendment." This finding allowed the application to proceed to the Planning and Zoning Commission. Section 26.445.100(B) states that the Planning and Zoning Commission may approve, approve with conditions or deny such an application for a PUD Amendment. The criteria for the review of "Other Amendment" is for the Planning and Zoning Commission to determine whether the application is "consistent with or an enhancement of the approved final development plan." STAFF COMMENTS' `OTHER AMENDMENT' REVIEW: All residential zone districts in the City of Aspen allow only one TDR to be extinguished per pazcel. However, there is precedent for exceptions, particulazly with regazd to PUDs or subdivisions. For example, the Baz/X PUD/Subdivision was approved to accept TDRs from Pitkin County, allowing an additional 2,500 square feet for one (1) TDR -rather than the 250 square feet allowed by a City TDR. The ability for the City to make an exception at Baz/X was based on the size of the lots at this relatively remote site. Lots at Baz/X range from 2 to over 16 acres, with houses up to 7,500 squaze feet, plus 2,500 squaze feet with a Pitkin County TDR. Also, the R-6 Zone District allows for more than one City TDR to be landed in a PUD or subdivision when the sending site is within the same PUD or subdivision. Although the example from the R-6 Zone District is not directly on point, it does indicate that PUDs and/or subdivisions are, by nature, unique and distinct from metes and bounds pazcels that aze governed by the regulations of the underlying zone district. A PUD is intended to "encourage flexibility" and is allowed to demonstrate a "greater compatibility with existing and future surrounding land uses than would be possible through the strict application of the underlying zone district provisions," according to the Purpose section of Planned Unit Development (PUD), Chapter 26.445.010. RECOMMENDATION: In reviewing the proposal, Staff finds that the addition of up to 500 square feet of above- grade floor azea to each pazcel in the Moore Family PUD does not represent an appreciable difference in the character of this development, and that the relatively minor 12% increase in allowable FAR is consistent with a PUD featuring lazge lots ranging from .7 acres to more 2 .., v ~ ' P3 than 1 acre, already allows for large homes and is adjacent to considerable open space neaz the edge of the City limits. However, the applicant's request to limit the additional square footage obtained via TDRs to within the "existing footprint of asingle-family unit" is an administrative problem with regard to future building permit processing. Essentially, this language does not connect with existing language in the Moore Family PUD, and does not reflect a standazdized procedure within the Building Department. Staff is recommending that the additional squaze footage obtained via TDRs be limited to "within the building envelope." The existing Moore Family PUD establishes clear boundazies for building envelopes, and the Building Department has standardized procedures with regazd to building envelopes. Although the applicant wishes to limit the additional square footage obtained via TDRs to within the "building footprint," staff suggests that the Five Trees Homeowners Association may amend its own covenants to place its own restriction on exactly how the additional square footage may be landed in order to satisfy its membership. RECOMMENDED MOTION (ALL MOTIOS j~ WORDED IN THE AFFIRMITIVE): "I move to approve Resolution No~`? Series of 2007, approving a PUD Amendment for the Moore Family PUD, with conditions, finding that the review criteria for the application have been met." ATTACHMENTS: Exhibit A: Staff Findings -PUD Amendment, Other Amendment Exhibit B: Letter from Jim and Jane Jenkins (e-mail format) Exhibit C: Application P4 RESOLUTION N0. (SERIES OF 2007) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS A PUD AMENDMENT TO LAND TRANSFERABLE DEVELOPMENT RIGHTS FOR THE MOORE FAMILY PUD, CITY OF ASPEN, PITHIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from the Five Trees Homeowners Association, represented by Gideon Kaufman of Kaufman, Peterson and Dishler, requesting approval of a PUD Amendment for the Moore Family PUD, Reception No. 420467; and, WHEREAS, the request seeks to increase the maximum allowable FAR from 6,000 square feet per parcel (above-grade) to 6,500 square feet per pazcel (above-grade) via the landing of up to two (2) Transferable Development Rights (TDRs); and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the proposed PUD Amendment; and, WHEREAS, the applicable code standazd is outlined in Section 26.445.100(B) "Other Amendment"; and, WHEREAS, during a duly noticed public hearing on September 4, 2007, the Planning and Zoning Commission reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein and approved the PUD Amendment by a vote of ;and, WHEREAS, the Planning and Zoning Commission found that the proposed amendment, with conditions, meets or exceeds all of the applicable development standazds; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Approval of the PUD Amendment Pursuant to the procedures and standads set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission approves the following language changes to the "Moore Family Planned Unit Development Guide," recorded at Reception No. 420467 with the Pitkin County Clerk and Recorder's Office: Article V, Floor Area Limitations, Section 1, Single Family Dwelling Units, is deleted in its entirety and replaced with the following: "Single-family dwelling units aze limited to a floor area of 6,000 squaze feet, as defined in Article IV above. However, with the exception of single-family dwelling units may obtain up to two (2) City of Aspen .-~ ;~ ~~ .... P 5 Transferable Development Rights, each of which provide an additional 250 square feet of above-grade floor area, thereby establishing a new Maximum Floor Area Limitation of 6,500 square feet. The additional floor azea obtained through the extinguishment of up to two (2) City of Aspen TDR(s) may only be utilized within the platted building envelope." Section 2: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awazded, whether in public hearing or documentation presented before the Planning and Zoning Commission, aze 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 resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any secfion, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdicfion, such portion shall be deemed a sepazate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on the 4th day of September, 2007. Attest: Jackie Lothian, Assistant City Clerk Dylan Johns, Chair Approved as to form: City Attorney P 6 "~' "~ Exhibit A Review Criteria & Staff Findings 26.445.100 S. Other amendment. 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, maybe approved, approved with conditions, or denied by the Planning and Zoning Commission, at a public hearing pursuant to Section 26.445.030(C) Step 3. Staff Findine: The Community Development Director finds this application for a PUD Amendment to be consistent with or an enhancement of the Moore Family PUD. However, staff finds the proposal does not meet the established thresholds for an Insubstantial Amendment, specifically regard with standard #9 (see below). 26.445.100 Amendment of PUD development order. A. PUD Insubstantial Amendments. An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or chazacter of the development. Staff Finding: There is no change in use or chazacter of the development. 2. An increase by greater than three (3) percent in the overall coverage of structures on the land. Staff Finding: There is no increase in the overall coverage of structures on the land. 3. Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. Staff Finding: No substantial increase in trip generation or demand on public facilities is anticipated. 4. A reduction by greater than three (3) percent of the approved open space. Staff Finding: There is no reduction in approved open space. 5. A reduction by greater than one (1) percent of the off-street parking and loading space. Staff Finding: There is no reduction in off-street parking or loading space. 6. A reduction in required pavement widths orrights-of--way for streets and easements. Staff Finding: There is no reduction in required pavement widths or rights-of--way. 7. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings. Staff Findin¢: N/A. This is not a commercial development. .,,, P 7 8. An increase by greater than one (1) percent in the approved residential density of the development. Staff Findine: There is no increase in residential density. 9. 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: Staff finds that the proposed increase in allowable floor area is not consistent with the specific representation in the Moore Family PUD which sets a specific FAR limit per parcel of 6,000 square feet above-grade. ~. . RECEIVED COMMUNITY DEVELOPMENT DEPARTMENT 8/20/07 Dear Ben --- Thank you for calling. My wife and I live in Meadowood. What we do not need aze larger houses. Please be good enough to advise the P&Z Commission that we don't think that this is a good idea. The houses in Five Trees aze lazge enough as is. Thank you, Jim Jenkins Jane Jenkins 0269 Heather Lane f~. APPLICANT: ATTACHMENT 2-LAND USE APPLICATION Name: FI~ZE TREES HOMEOWNERS ASSOCIATION Moore Family P.U.D., according to. the Mooa;e Family P.U.D. Development Location: at Rece ti.nn_. o. ,420467. ~ 'cafe street address lot & block number, le descri flon where a ' to Parcel ID # U]RED 273514111109 REPRESENTATIVE' Name: Gideon Kaufman, Kaufman, Peterson & Diahler Address: 31b E. H$man, 11305, Aspen, CO 81611 Phone #: 925-8t 66 Name: Address: Phone #: TYPE OF APPLICATION: (please Cheek all that apply): ^ Conditional Use ^ Conceptual PUD ^ Conceptual Historic Devk ^ 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 ^ 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 ^ Other. ^ Lot Line Ad' tment ^ Text/M Amendment EXISTING CONDITIONS: deSCR lion of axis ' boil ,uses, reV101Y4 royals, etc. To amend the existing I7o3~re Family PUD per approval of Five Trees Homeowners Associati n PROPOSAL: (description of proposed buildings, uses, modifications, etcJ See Attachment 1 hereto Have yon attached the following? FEES DUE: $ 1, 410.00 (PAID) x pre-.Application Conference Summary x Attachment #1, Signed Fee Agreement ^ Response to Attachment #3, Dimensional Requirements Form ® Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8S" a 11" mast be folded and a floppy disk with an electronic copy of all written tent (Microsoft Word Format) must be submitted as part of the application. y+.. -. ATTACHMENTI Regarding Article V, Floor Area Limitations, § 1,Single-Family Dwelling Units is deleted in its entirety, and replaced with the following: "Single-family dwelling units are limited to a floor area of 6,000 square feet as defined in Article IV above. The foregoing notwithstanding, the floor area of single-family dwelling units may exceed 6,000 square feet through use of historic Certificates of Transferrable Development Rights ("TDRs"). A lot owner may use a maximum of two (2) historic TDRs for a total of 500 square feet of additional square feet. The increased floor area can only be used internally and utilized within the existing footprint of a single- familyunit." ,.., ..~ . . GIDEON 1. KAUFMAN* ~~7 O~C.ES` QI7 BROOKE A. PETERSON HAL s. DISHLER» P C PETERSON Si DISHLER KAUFMAN OF COUNSEL PATRICK D. MCAWBTER , . . , TELEPHONE (970) 925.8166 315 EAST HYMAN AVENUE, SUITE 305 FACSIMILE • wisp aownmwwuruno •• wuo wDMITTFD IN TOUS ASPEN,COLORAD081611 (970) 925.1090 July 25, 2007 Mr. Ben Gagnon, Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Moore Family Planned Unit Development -PUD Amendment Dear Ben: Steve Crown and Nancy Crown, the owners of a lot located in Five Trees, and the Moore Family PUD/Five Trees Homeowners' Association (collectively "Applicant") are represented by Kaufman, Peterson & Dishier in this land use application. Five Trees is located on Maroon Creek Road at the base of the Aspen Highlands Ski Area and by the Aspen Public School Campus (see Attachment 1, Vicinity Map). The Applicant seeks approval for the following minor change to the PUD. LAND USE APPROVALS The Applicant has met with the Community Development Department to identify the applicable land use reviews and process. Refer to the Pre-application Summary Sheet (Attachment 1). The change to the PUD is subject to one land use review by the City of Aspen Community Development Department and the Planning and Zoning Department, and is outlined below. Planned Unit Development Insubstantial Amendment/ Other Amendment (Section 26.445.1001 Attachment 2, Proposed PUD language change. We believe the land use request complies with Section 26.445.100 of the Land Use Regulations which appear below. Section 26.445.100.A. The following shall not be considered an insubstantial amendment: A.1. A change in use or character of the development. ,.. ,_ . ~ .. Mr. Ben Gagnon, Planner July 25, 2007 Page 2 A.2. An increase by greater than three (3) percent in the overall coverage of structures on the land. A.3. Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. A.4. A reduction by greater than three (3) percent of the approved open space. A.5. A reduction by greater than one (1) percent of the off-street parking and loading space. A.6. A reduction in required pavement widths or rights-of-way for streets and easements. A.7. An increase of greater than two (2) percent in the approved gross leasable floor area of a commercial building. A.8. An increase by greater than one (1) percent in the approved residential density of the development. A.9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a further variation from the projects approved or dimensional requirements. We believe that our application is eligible for an insubstantial amendment, since we are not in conflict with any of the restrictions of A.1. through A.9. above. Yet, the Staff felt more comfortable having the P&Z review our request per Section 26.445.100.8, Other Amendment. We believe that we also comply with the requirements of this section, as an amendment must be found consistent with or an enhancement of the approved Final Development Plan. We believe that our amendment clearly is consistent with and enhances the final approval, because it creates a situation whereby the scale of historic structures is preserved, and the scale of the existing homes utilizing TDRs in Five Trees is maintained. The City of Aspen determined that it was important in order to preserve historic structures to offer owners of those properties an opportunity to receive economic benefit, while at the same time, preserving historic character and scale of existing landmark structures. A TDR program was implemented to help incentivize and make possible this important community goal. The Crowns are the first people to purchase historic TDRs, which gives credibility to this important program. Simultaneous with the purchase of the TDRs, and at the suggestion of the Planning Office, we received approval from the Five Trees Homeowners to modify the Five Trees PUD Agreement to specifically allow the use of up to two (2) historic TDRs. This tracks with Section 26.535.080.H., which states that the development allowed on a Receiver Site by extinguishment of historic TDR Certificate(s) (note plural) is allowed according to ~~ Mr. Ben Gagnon, Planner July 25, 2007 Page 3 ~.. zone districts and land use, or as specified in a Final PUD Plan for the Receiver Site. The proposed PUD modification creates awin-win situation for the community, as it takes FAR from sensitive historic structures and allows them to be used within existing footprints of non-historic homes on large lots. It also eliminates any visual impact from utilization of the TDRs. You, therefore, preserve historic scale, and yet preserve footprint and scale of existing homes. The intent of preserving the footprint and scale of existing homes means that the square footage must be utilized within the existing home, from ground level to sky, within the existing basement, first or second floors. No additional height can be added, nor can you go outside the four walls of the existing structure. SUMMARY This land use application has demonstrated compliance with the Aspen Land Use Regulations identified in the Pre-application summary sheet. The following list of attachments is provided to assist in the review of the application. 1. Attachment 1 -Pre-Application Conferency Summary 2. Attachment 2 -Proposed PUD Language Change 3. Vicinity Map 4. Moore Family PUD Final Plat 5. Letter verifying Applicant's ownership of property 6. Letter from Steve Crown authorizing submission of land use application 7. Letter from Five Trees Homeowners' Association authorizing submission of land use application 8. Fee Agreement 9. Application Deposit Fee -Check for $1,410.00 10. List of Owners within 300 feet of Moore Family PUD/Five Trees Subdivision Please contact me at 925-8166 if I can provide any additional information and or materials. Thank you for your assistance. Sincerely, A PETERSON & DISHLER, P.C. GK/bw Enclosures ,-~. PLANNER: PROJECT: REPRESENTATIVE: ~..~ ATTACHMENT 1 ~~ ~.. d CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY Ben Gagnon, 429-2755 Five Trees PUD Gideon Kaufman Tel: 925.8166 DATE: 7.23.2007 DESCRIPTION: The prospective Applicant would like to amend the Five Trees PUD to allow for an increase in the allowable FAR for each single family unit, from 6,000 square feet to 6,500 square feet via the landing of up to two (2) TDRs on each single-family parcel. The prospective applicant would abide by all dimensional requirements of the existing PUD. The properties are zoned R-30 with a PUD overlay. The increased FAR limit and the ability to land multiple TDRs will require a PUD Amendment, with a public hearing at the Planning and Zoning Commission. Land Use Code Section(s) 26.304 Common Development Review Procedures 2fi.445.100(B) Planned Unit Development (Other Amendment) 26.710 R-30 Zone District Review by: -Staff for complete application - Planning and Zoning Commission for PUD Amendment Public Hearing: Required at P&Z for PUD Amendment. Applicant may appeal to City Council. Applicant must post property and mail notice at least 15 days prior to the public hearing. Applicant will need to provide proof of posting and mailing with an affidavit at the public hearing. City will complete publication of notice. Referral Agencies: None Planning Fees: Planning Deposit Minor ($1,410 for 6 hours) Referral Agency Fees: N/A Total Deposit: $1,410 (additional planning hours over deposit amount are billed at a rate of $235mour) To apply, submit the following information: 1. Total deposit for review of the application. 2. Proof of ownership. 3. Completed Land Use Application Form. 4. Signed fee agreement. 5. Completed Dimensional Requirements Form. 6. 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. 7. 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. 8. An 81/2" by 11"vicinity map locating the parol within the City of Aspen. ~, ~...,, 9. 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. This must be current (within one year) and signed by a surveyor. Not required. 10. 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. Please include existing conditions as well as proposed. Please provide a written response to all applicable criteria. 11. List of adjacent property owners within 300' for public hearing. Contact GIS Dept. at 920.5453. 12. Copies of prior approvals. 13. Additional application material as required for each specific review. (See application packet and land use code) 14. 10 Copies of the complete application packet and maps. 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. .-. ,~,, ~ r.. ATTACHMENT 2 Regarding Article V, Floor Area Limitations, § 1, Single-Family Dwelling Units is deleted in its entirety, and replaced with the following: "Single-family dwelling units are limited to a floor area of 6,000 square feet as defined in Article IV above. The foregoing notwithstanding, the floor area of single-family dwelling units may exceed 6,000 square feet through use of historic Certificates of Transferrable Development Rights (`TDRs"). A lot owner may use a maximum of two (2) historic TDRs for a total of 500 square feet of additional square feet. The increased floor area can only be used internally and utilized within the existing footprint of a single- family unit." .~ ~. ~. -~ a ~a .a d L a Aspen Street Map 2 Jul 25 2007 2:11PM HP~~LRSERJET 3330 p.2 ~. 4 J FIVE TREES HOMEOWNERS' ASSOCIATION The undersigned, as v_ of the Five Trees Homeowners' Association, hereby authorizes Kaufman, Peterson & Dishler to submit a land use application to the City of Aspen Planning Department for approval of an amendment to the Moore Family Planned Unit Development ("PUD Amendment"), and to do any and all acts and submit any and all documentation related to obtaining the PUD Amendment. Dated this lS day of 2007 FIVE TREES HOMEOWNERS' ASSOCIATION BY -GARY BEACH, Manager CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Aorne.no„r for Payment of City of~eA n DeveL~=ent L+cation Fees CITY OF ASPEN (hereinafter CITY) and STEVEN CROWN (hereinafter APPLICANT) AGREE AS FOLLOWS: APPLICANT has submitted to CITY an application for Amendment to Moore Family PUD (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 48 (Series of 2006) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they aze necessary as costs aze incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required fmdings for project consideration, unless current billings aze 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 $ 1410.OOvhich is for _ six 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 at a rate of $235.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case pressing have been paid. CITY OF ASPEN APPLICANT sy: Chris Bendon Community Development Director Attorney for Applicant Date: 7/25/07 Billing Address and Telephone Number. Kaufman, Peterson & Dishler 315 E. Hyman, 1P305, Aspen, CO 81611 925-8166 C:\Documents and Settings\johannahr\Desktop\LUFeeAgree.doc ATTACHMENT? AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ~ ~~I'~-~ `t't11~~/ ~alJ % Aspen, CO SCHEDULED PUBLIC HEARING DATE: / ~ /T7 200 STATE OF COLORADO ) ss. Couaty of Pit13n ) ~ " I' ~ ~~ ~ 1 n~~ (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner.. X Publicaion ofnotice: By the publication in the Legal notice section of an official paper Gi a paper- 0{general v'uC'ulauvu iu tue Ciij of Aspen at least ui`Cen (15) days prior to the public hearing. A copy of the publicaion is attached hereto. a _ Posting of norice.• By posting ofnotice, which form was obtained from the Community Development Deparhnent, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of 200_, to and including the date and time of the public hearing. A photograph of the posted nonce (sign) is attached hereto. Mailing of nonce. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26"304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, noticewas hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the curient tax records of Pitkin County as they appeazed no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (conrinued on next page) 7 Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the tent of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use reedulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description oi; and the notice to and listing of names and addresses of owners of realproperty in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. _- ~ __ Signature The foregoing "Affidavit of Notice" was acimowledged before me this -day °f 200_, by n P uc NoncE vViTIvBSS ivly HAlv'D Alv'D GrriCIAL SEAL DEVEL MENT gpPq°ypL Notice is hereby given fo the general public of the My COmmlSSlOn eXpue$: approval of a PUD Amentlmenf, antl the creation of Notary public tlmenl to allow im anenereesev n~he maxDi 311owable above-grade square footage from square feet to 6,500 square feet per parcel use of uo fn iwn ror nn, ,.~ .._.._ r.___.__ s/ cuy m papen _. __. ATTACHII~NTS: Publlsheb In the Aspen Times Weekly on $eptem bar 30. 200]_ (881464) COPY OF THE P UB L IG! TION pB"OTOGRAPH OF 7'SE' POSTED NOTICE (SIG11~ LIST OF THE.OWNERS AND GO~gN~~~, AGENCIES NOTICED BPMAIL O 0 ~~ L a r c R 0 i1 ~, ..^ ~ ~~~ ~ ~~'~ 6 cga o~ /~__. 1~~ SCE- - ~~. ~ - ~~/ \\~ - - ~ ~~ t3 r' o s. R ~ K ~~ ~A ~P ~~ `~ "i p P .i m ~ a ~c S~ Q~ ~L ~~ r S~I~~~c-~ ~`( ~,~-~z ~~`~~~ ~~~~ ~ .... P,.,,,, ~. _,~ ~ ,~ ~ g ~~ ~ ~ ~ c F c ~~ c Z c ~~ i ~, ~~ .~ /~/ , /~/ ~ ~ ~ ~~ N c ~~ ;~ AJ ~~ ~c c S~bw~~~t. g`'~ ~~ ~~ 2 ATTACHMENT? AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: i { DO ('~~G~1 ~y P ~I D Aspen, CO SCHEDULED PUBLIC HFaurIaG DATE: ~~~~-- 200_ STATE OF COLORADO ) ) S6. Cotiaty of Pitkiu ) I, - ~~~ ~ ~ n~x/l (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public nofice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner., Publication of notice: By the publicarion in the legal nofice section of an official paper or a paper of general circulalion in the City of Aspen at least ufteen (15) days prior to the public hearing. A copy of the pu¢lication is attached hereto. Posfing of notice: By posting of notice, which fc(rm~~?va§ abtaiz}ed frDm~he Community Development Depaztment, which wa$ rnat~e of sur'E~I waterproof materials, which was not less than twen~rtiofb{,~„ti>~Bs~de and twenty-six (26) inches high, and which was como~le't~ers not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visrble from the _ day of 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of nori'ce. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, noticewas hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as appeazed no more than sixty (60) days prior to the date of the public hearing. Pueuc eoncE copy of the owners and governmental agencies so noticed is attached hereto. nE:rooae PnMar Puo, Puo aMEeorenr, Pueuc nEnaiec (conrinued on next page) Applicant: Five Trees Homeowners Association, D sh eq 315 E Hyman,np305, Aspen, CO 81611 & dDVian Jahna Aspen Pbnning antl Zoning Commiealon Publishetl In the Aspen lines Weekly on August 19,2009(553212) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of Phis Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspecfion in the planning agency during all business hours for fi8een (15) days prior to the public hearing on such amendments. Signature The fo bgoing "A rdavi of Notice" was aclosowledged before me this ~ day of _ 200~by C( Ct `1n Yl U ~(. PUe~/C ~irir,SS iii' HAND Ai~'D v,FF~ii:I~AI, SEAL ,PGpE ~ My commission expires: (JL}- /f-t.-~ 7 ll ee p o Public tEOFG~~ ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL ,a i ^ i 1 }- .i ~L. _~l i°. ~~ ~~ ir. ~~.. ~ ~* ="` ~,,~ :~ } "i t 4' r ~• ,` ~: F~ ~.t f+ r. tf ~. ~~.. (~ i ~'. i. ~ ~ P i h ' * ~ ~. L~f ~ tx.i .. ,6 ~ _ W < 1 r .,. S ~! I 1' r .~ . ~ .~ r < ,~_ k 0 ' ~ Y ~ S'f. . S ' ` ~ ~ ti f . ,~ ~ ~. F i !A ~~; e ~. ~ ~ ~ f ~ r ~4 .T-~ . ~ ..'t " 111' - ~ ~. ~ __ ~ ~'~ . k • x ,~ .. ~?~ ~` . r ~~ f , ... +,, ~ ` ~ F. .. -~ ,~ 1 ~ ~~ Y V ~ - !_. j ~ ~. ~ ~ `` i ~ ~ , tL ~ ..~ ~~i ~ ~~ ~ I ~r~- #, ,~ ~~~ s.. ~. W { ~~ ~~~ `~ R I •~ i a a I i ~; Y ~' 1 NrT _~'f .j'1. ;~:4 ~~. n T' ,~ ~, G $~" l ~~ I r~ii ~' 1 t -; ;; t R: _ -~ J ~ ~.2. ~ .. - ' ,,~p, ~ ~. . l. 4 Yr ~ F+ ~ . i ~~ ~ ~ . ~ ~ ~, '_~ a::~,' ~ . _ ~ F ; ~ M .w ~~;.~- e ~. s s t~_ s i ..~ - tit,. ~ -: 4. ~, ~~ ~' .: GIDEON I. KAUFMAN" NAL S. DISHLER"" PATRICK D. MCALLISTER • /USO ADMRTED IN M/~RYIAHD -wiso nonmm Ir rous LAW OFFICES OF KAUFMAN, PETERSON 6i DISHLER, P.C. BROOKE A. PETERSON OF COUNSEL TELEPHONE (970) 915.8166 FACSIMILE (970) 915.1090 315 EAST HYMAN AVENUE, SUITE 305 ASPEN, COLORADO 8161 I July 30, 2007 Mr. Ben Gagnon, Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Moore Family Planned Unit Development - PUD Amendment Dear Ben: Enclosed please find a list of owners within 300 feet of the Moore Family PUD. This should complete our application. Please contact me at 925-8166 if 1 can provide any additional information and or materials. Thank you for your assistance. Sincerely, KAUFMAN, PET SON & DISHLER, P.C. A Profes ' nal orporation By Gideo Kaufman GK/bw Enclosure Eary Peel Labels ~ i ® R ~ See Instruction Sheet ~ , , a er f ature E P l F aAVERY®5160® Use Avery®TEMPLATE 5760® 1 p l or ary ce e 1 ALLEN DOUGLAS P JR ALLEN GERALD D & ELEANOR ANDERSON THOMAS J & JEANETTE G 0129 HEATHER LN TRUSTEES PO BOX 226 ASPEN CO 81611 0165 HEATHER LN ASPEN, CO 81612 , ASPEN, CO 81611 ASPEN HIGHLANDS COMMERCIAL ASPEN HIGHLANDS MOUNTAIN LLC ASPEN SCHOOL DISTRICT NO 1 RE METRO DIST PO BOX 1248 0235 HIGH SCHOOL RD 715 W MAIN ST #304 ASPEN CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 , AYRES R WILLIAM JR TRUST 50% BERLEY DAVID B 001%INT BOWDEN J MURRY FAMILY TRUST AYRES REBECCA T 50% p0 BOX 3652 5847 SAN FELIPE #3600 28 LARKSPUR LN ASPEN, CO 81612 HOUSTON, TX 77057 ASPEN, CO 81611 BRADFORD DEBORAH BRADFORD DEBORAH CARLSON DOUG M & MARY M 45 GLEN EAGLES DR PO BOX 4856 PO BOX 4 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612 CHURCH OF JESUS CHRIST OF LDS CARSON L KELLEY CHOPIVSKY GEORGE JR C/0 REAL ESTATE DIVISION PO BOX 8927 3217 CATHEDRAL AVE N W 50 E NORTH TEMPLE 22ND FL ASPEN, CO 81612 WASHINGTON, DC 20008 SALT LAKE CITY, UT 84150 CITY OF ASPEN CLUB PROPERTIES INC CONOVER MARY 130 S GALENA ST 1 GROVE ISLE DR #1501 C/O SHANNON T MORGAN CPA PC 533 BOGART LN #C ASPEN, CO 81611 MIAMI, FL 33133 GRAND JUNCTION, CO 81505 DAKS FAMILY TRUST DALY JACQUELYN M DOREMUS ANDREW J & JEANNE C 889 S STARWOOD DR 249 HEATHER LN 75.5034% ASPEN CO 81611 CO 81611-3347 ASPEN 85 GLEN GARRY DR , , ASPEN, CO 81611 DUBRULE LEMONS DIANE CHERYL DUFFEY MARY A 999% INT FLEISHER DAVID M BERKO GINA 187 HEATHER LN PO BOX 3652 292 GLEN EAGLE ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 FLOM JASON R WENDY FRAMPTON GEORGE T JR FRANCIS JUDI TRUST 15280 NW 79TH CT STE 101 45 E 62ND ST #A 0201 HEATHER LN MIAMI LAKES, FL 33016-5852 NEW YORK, NY 10021-9014 ASPEN, CO 81611 FRISSELLE FAM TRUST 50%INT GEER JANE MOORE 1/3 GERSCHEL CHRISTINE A ARBURY DOROTHY D TRUST 50% INT p0 BOX 126 PO BOX 2985 123 LARKSPUR LN WOODY CREEK, CO 81656 ASPEN, CO 81612 ASPEN, CO 81611 Etlquettes Taciles a~ pekv ~ Consultez la feuiile vvww.averymm Easy Peel Labels i .~ ~ See Instruction Sheet ~ AVERY®5160® ~ Use Avery®TEMPLATE 5160® ® jE' Paper for Easy Peel Feat°rel ® 1 GLAH ROBERT ASHLEY & CAROLYN GLICK FAMILY TRUST GODFREY H LEE & SANDRA S BOLZ 1033 MAYBROOK DR 1000 LOUISIANA ST STE 5100 0270 HEATHER LN BEVERLY HILLS, CA 90210 ' HOUSTON, TX 77002-5096 ASPEN. CO 81611 GOLDBERG ANA E GOTTLIEB FAM TRUST 50% 36 GLEN GARRY DR 1007 CHURCH ST #406 ASPEN, CO 81611 EVANSTON, IL 60201-5913 HALL NANCY TATE HAMPEL WALTER F PO BOX 1819 290 HEATHER LN ASPEN, CO 81612-1819 ASPEN, CO 81611 HINES HIGHLANDS LP JENKINS JANE JOHN 0133 PROSPECTOR RD #4111 PO BOX J ASPEN, CO 81611 ASPEN, CO 81612-7411 LARKSPUR HOLDINGS LLC LOORAM PETER ATTN JENNIFER CROSSETT 0280 GLEN EAGLES DR 1200 17TH ST STE 610 ASPEN, CO 81611 DENVER, CO 80202 MEADOWOOD LLC MEEKER RICHARD J & ALLISON D PO BOX 1027 0752 MEADOWOOD DR ASPEN, CO 81612-1027 ASPEN, CO 81611 MORTON RICHARD & HELEN MUSIC ASSOCIATES OF ASPEN INC 6740 E ROGERS CIR 2 MUSIC SCHOOL RD BOCA RATON, FL 33487 ASPEN, CO 81611-8500 PAYNE MARYBELLE R PERCY LASALLE MINES PO BOX 9878 C/O R L STEENROD JR & ASSOC ASPEN, CO 81612 2009 MARKET ST DENVER, CO 80205-2022 PITKIN COUNTY RANSOM SALLY MOORE 1/3 530 E MAIN ST #302 PO BOX 126 ASPEN, CO 81611 WOODY CREEK, CO 81656 ROGERS J W ROGERS JORDAN 8 PEGGY L 2225 THOMAS RD TRUSTEES BEAUMONT, TX 77706 750 MEADOWOOD DR ASPEN, CO 81611 Edquettes fadles 11 paler IlNlims In na6ark AVFR1!® S16n® Cnne do r6: HALL CHARLES E PO BOX 10122 ASPEN, CO 81612 HARDY GORDON A TRUST 50% PO BOX 1108 ASPEN, CO 81612 JITKOFF JULIA 30 YR TRST 99.50% PEREGRINE RESOURCES INC .50% 100 E KLEBERG #200 KINGSVILLE, TX 78363 MEADOWOOD HOMEOWNERS ASSOCIATION PO BOX 8774 ASPEN, CO 81612 MOORE THOMAS A 1/3 PO BOX 126 WOODY CREEK, CO 81656 PAPPER PATRICIA 1 GROVE ISLE DR STE 1501 MIAMI, FL 33133 PHILLIPS PAMELA ANNE TRUST PO BOX H ASPEN, CO 81612-7405 RICHARDS CHARLES F JR TRUSTEE 2204 N GRANT AVE WILMINGTON, DE 19806 RUBIN NANCY HIRSCH OPRT 3035 CHAIN BRIDGE RD NW WASHINGTON, DC 20016 Consultez la feuiHe www.averxcom a~ ..r'.,.wi..., ~~ru~r_rtevcnv Easy Peed Labels ~ ~ Use Avery®TEMPLATE 5160® jF` RUMSEY BRONSON C 6 DIANA S PO BOX 7787 ASPEN, CO 81612 SIEGEL MARTIN D 264 LARKSPUR LN ASPEN. CO 81611 THOMAS WILLIAM R & LAURA F 16 BLENHEIM RD LONDON ENGLAND NWS OLX WALTER WILLIAM C & SUSAN COLBY 0372 GLEN EAGLE DR ASPEN, CO 81611 WILSON ROBERT E OPRT 4301 E EASTMAN DENVER, CO 80222 ZAINO BONIFACE A & ALISON H 876 PARK AVE #4 SOUTH NEW YORK, NY 10021 ~ ~ SeelnsWCtionSheet; ~ i °aper for Easy Peel Featurel - ~ AVERY®5160® i BANGER MARIUS & CLARE SCHUMACHER BARRY LEE & JUDY M 133 BLUEBONNET TR 0115 GLEN EAGLE DR ASPEN, CO 81611-3326 ASPEN, CO 81611 SIMMONS BRIAN P FAM DOT 56% C/O BRIAN P SIMMONS 10 S WACKER DR 113175 CHICAGO, IL 60606 SMART EDWIN J C/O R L STEENROD JR R ASSOC 2009 MARKET ST DENVER, CO 80205-2022 TULLAR STEVEN T & HOLLY HOLEMAN 180 HEATHER LN ASPEN, CO 81611 WANGER LEAH ZELL & RALPH 1540 N LAKE SHORE DR CHICAGO, IL 60610 WISE MARY 31 /32 0252 HEATHER LN ASPEN, CO 81611 ZG HOLDINGS LLC ATTN ARC CONCESSIONS 133 PROSPECTOR RD #41148 ASPEN, CO 81611 WACHNERLINDAJ C/O STARR & CO 850 THIRD AVE 15FL NEW YORK, NY 10022 WILCOX JOHN & JULIET 205 GLEN EAGLES DR ~ ASPEN, CO 81611 WIVIOTT JAY L & TERESA M FAMILY TRUST 564 GLEN EAGLES RD ASPEN, CO 81611 ttiquattes fadles al peh3r • GorKUltez la feuille vvww.averycom ~u:::~~~:~~~L~~:a w~~eev®NGn® G....~dn .L~...n...n..~ .L i.sw..r:ww LYIVLGlLe\/cDV SEP 4.2001 12:18PM KAUF,A~N PETERSON DISHIER ~ N0. 6121 P. 2 _ ~,. ATTACHMENT? AFFIDAVIT OF PUBLIC NOTICE REf~UIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: F \ V £ ' ~S Sub 11/l rjl ~~1 , Atpen, CO SCHEDULED PUBLIC HEARING DATE: ~4~2 ~'.Y -1 2tro~ STATE OF COLORADO ) sr. County of Pilkin ) I, ~L~~('eUQ~'~~ (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I Gave complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the -egal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting oJnotice: By posting of notice, which form. was obtained front the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide andtwenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the pupptic hearing and was continuously visible from the 1SS day of ~ T , 200], to and including the date and time of the public hearin . A photograph aJthe posted notice (sign) is attached hereto. Mailing oJnotice. By the mailing of a notice obtained from the Community Development Department, which contains Ute information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fiReen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitltin County as they appeazed no more than sixty (60) days prior to the date of the public hearing. A copy ojthe owners and governmental agencies so noticed is attached hereto. (continued on nest page) SE?. 4.2001 12:18PM KAU~""N PETER60N DISHIER ,.,~ N0. 6121 P. 3 Rezoning or tent amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficirnt legal description of, and the notice to and listing of names and addresses of owners of rcal property in the area of the proposed change shall be waived. However, the proposed zoning trap shall be available for public inspection in the planning agency dttting ell business hours for fifteen (IS) days prior to the public hearing on such amendments. t Signature The foregoing "Affidavit of Notice" was acknowledged before me this ~~ay of S~PtEMBE2 , 200, by Gg:~le~t t t?.t>=. 5. Fi.tt_-rct~ ~~ A ~T~ WITNESS MY HAND AND OFFICGIL SEAL H O T A A y~ Mly commission expires: ~' t~ -~ o 0 8 :.,_ _,: ,,p N taryPublic ATTACHMENTS: COPY OF TXE P UBLlCATION PHOTOGRAPH OF TXE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIt PUBi.IC NO.ICE DATE ~~ ~~-1,,,~, 9 I ~t I ~=> E t ,• «• 5 ~' ~~ r~~~ 1 3 ' -: ~"i ~ n~~~'~~~„ ,~' ~X ~~"t °~ ,~ ~4~ ~'~%' ~r ~ cat i'~ t r" i `"~.~,y~ 'S i N rrr s ~ f 1 i ~., `V p ~~:._ _, FOR l~URTM~R lMfORM,N?'lC1N CaNT~CT~ THE CITY 4~ A~~'EN PIANMl~i~3 OE!'ARTM~N7 ~3i3 8 t~~L~~IA S1`, ~Sr~t~ ~b (i17#~)~20-SU~t! I a r ~ ~ r~ , y~"~ ~ ~ ~ ~ e 'f ~,. ~~+~' ~,. ~ Lin--: ,, F. ~~ ~ k:J t ~'~ .~A ~'~ _ y~ ~g ~~v~9Y 4 y!, R:~ ~ ~' _ ~ - .r~ . ~~. 714" 4 ~~, .-'! ~ ~~. i ~ . ,m ~ w a ® 4 -. ~, ~ ~~~ kk~~ ~. r „~ ..,,~ ......~ :~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ 2 ~~~~ ~ ~ ~ ~ rr ~ +1M •~~ ~ . ~ ° O ~. ~~~ 'q. ~ _ ~"' ~: ~' ~ i , ~ ~ ~ '~ ~~, Y ~ ~ ' ,, ~ ~ '~ ~ ~!~ '. ~ ,. e;t ~i~ ~i ~t' ~ ~~''q ~ ~ . wad. sic ~~ru.' (, - ~` ~~.i.~ ` j.. nk ~~~ ~ ~ .'Ty.1~ ~ - ~ ~ ~i i w ~ .:' ~~ - n y, ~ ~, ~5 ~ .P. h ~' } '~. ~. ark <. .. ~' .~~. ~T A ~? ~ ~ ~ ~ ~ ~ ,,t ~ 5 ~~, n ~~ ~A~~ ,~,~ ! }~ ~ ~' ~~ „w dam`' - ""fie ~~, ~ ~ 4 { r. E `'~ .; "" ,, ~, ~ ~ ,,. ~4 r ,. E ~-~ . ,~ ~;~ was ~ , . ~,~ '~~ ~'~ ~. .~ .. '~ . ~11' . -- :~ t j _~,. ,::? `.: ~~~ .~ ~ ~d ! -. 0 yr: ~ - .. .. ,y y.: rte'_ a ~'~..- .. .G y~ R ~~. _•„ 5 -o;~ ~~~- ATTACHMENT7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ~\~ e ~r~6' `~ ~~ ~ ~ ~y 1 S l ~ YI ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: Q G /~ y / ~ ~ , 200_ STATE OF COLORADO ) ss. County of Pitkin ) I, y~e~ r I S huh ~ ' L S ~ ~ (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeazed no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the azea of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "`A,f,fidavit of Notice" was acknowledged before me this ~r`day of SPT_C~~, 200, by F3?~i' i S~c~~.ltlf i ~ C o ~(,r'~::::U~ WITNESS MY HAND AND OFFICIAL SEAL ~~ JESSICA ~ My commission expires: ~ 'L3 l 0 VYIt~ERI ,y~~Q~pq.~ otary Public My Canmitaipn E~ires OA~llmtl ATTACHMENTS: COPYOF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL ~... PUBLIC NOTICE ~. RE: MOORS FAMILY PUD, PUD AMENDMENT, PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, September 4, 2007, at a meeting to begin at 4:00 p.m. before the Aspen Planning and Zoning Commission, in the Sister Cities Room, City Hall, 130 S. Galena St., Aspen, CO, to review a proposal for a PUD Amendment to the Moore Family PUD. The subject property is Moore Family PUD, Reception No. 420467. For further information, contact Ben Gagnon at the City of Aspen Community Development Departrnent, 130 S. Galena St., Aspen, CO (970) 429-2755, (or by email at beng@ci.aspen.co.us). All written correspondence related to the application should be sent to the above a-mail or physical address. Applicant: Five Trees Homeowners Association, c/o Gideon Kaufman, Kaufman, Peterson & Dishier, 315 E. Hyman, #305, Aspen, CO 81611 s/Dvlan Johns Aspen Planning and Zoning Commission Easy Peel Labels ® ~ ~ Sea Instruction Sheet ~ ~ ~A~~®5160® Use Avery®TEMPLATE 5160® iFe~~+Paper for Eary Peel Feature` ~,, 1 ~i ALLEN DOUGLAS P JR ALLEN GERALD D & ELEANOR ANDERSON THOMAS J 8 JEANETTE G 0129 HEATHER LN ~ TRUSTEES PO BOX 226 ASPEN, CO 81611 0165 HEATHER LN ASPEN, CO 81612 I ASPEN, CO 81611 °i I ASPEN HIGHLANDS COMMERCIAL ASPEN HIGHLANDS MOUNTAIN LLC ASPEN SCHOOL DISTRICT NO 1 RE 'i METRO DIST PO BOX 1248 0235 HIGH SCHOOL RD 715 W MAIN ST #304 ASPEN, CO 81612 ASPEN, CO 81611 ' ASPEN, CO 81611 AYRES R WILLIAM JR TRUST 50% BERLEY DAVID B 001 %INT ' BOWDEN J MURRY FAMILY TRUST AYRES REBECCA T 50% PO BOX 3652 5847 SAN FELIPE #3600 28 LARKSPUR LN ASPEN, CO 81612 HOUSTON, TX 77057 ASPEN, CO 81611 ' BRADFORD DEBORAH BRADFORD DEBORAH CARLSON DOUG M 8 MARY M 45 GLEN EAGLES DR PO BOX 4856 PO BOX 4 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612 CARSON L KELLEY CHOPIVSKY GEORGE JR CHURCH OF JESUS CHRIST OF LDS PO BOX 8927 3217 CATHEDRAL AVE N W j C/O REAL ESTATE DIVISION ASPEN, CO 81612 WASHINGTON, DC 20008 50 E NORTH TEMPLE 22ND FL SALT LAKE CITY, UT 84150 i CITY OF ASPEN CLUB PROPERTIES INC CONOVER MARY 130 S GALENA ST 1 GROVE ISLE DR #1501 C/O SHANNON T MORGAN CPA PC ASPEN, CO 81611 ! MIAMI, FL 33133 533 BOGART LN #C i I, GRAND JUNCTION, CO 81505 DAKS FAMILY TRUST f DALY JACQUELYN M DOREMUS ANDREW J & JEANNE G 889 S STARWOOD DR 249 HEATHER LN 75.5034% ASPEN, CO 81611 ASPEN, CO 81611-3347 85 GLEN GARRY DR .ASPEN, CO 81611 DUBRULE LEMONS DIANE CHERYL DUFFEY MARY A 999% INT FLEISHER DAVID M 187 HEATHER LN PO BOX 3652 BERKO GINA ASPEN, CO 81611 ASPEN, CO 81612 292 GLEN EAGLE ASPEN, CO 81611 FLOM JASON & WENDY FRAMPTON GEORGE T JR FRANCIS JUDI TRUST 15280 NW 79TH CT STE 101 45 E 62ND ST #A 0201 HEATHER LN MIAMI LAKES, FL 33016-5852 NEW YORK, NY 10021-9014 ASPEN, CO 81611 FRISSELLE FAM TRUST 50%INT GEER JANE MOORE 1/3 i GERSCHEL CHRISTINE A ARBURY DOROTHY D TRUST 50% INT p0 BOX 126 PO BOX 2985 123 LARKSPUR LN WOODY CREEK, CO 81656 ASPEN, CO 81612 ASPEN, CO 81611 , Ltlquetbes fadles it pele-_ _ ~~ ~ Cannidtes la feutlle www.averyaxn Easy Peel Wbels ® ~ "~ IIIIf(f(f~ See Instrudton Sheet ~ ~ ~A~~®5160® ~ Use Avery®TEMPIATE 5160® j~ gaper for Easy Peel Featurei a 1 GLAH ROBERT ASHLEY & CAROLYN GLICK FAMILY TRUST ' GODFREY H LEE & SANDRA S BOLZ 1033 MAYBROOK DR 1000 LOUISIANA ST STE 5100 0270 HEATHER LN BEVERLY HILLS, CA 90210 HOUSTON, TX 770025096 ASPEN, CO 81611 GOLDBERG ANA E ~ GOTTLIEB FAM TRUST 50% 36 GLEN GARRY DR 1007 CHURCH ST #408 ASPEN, CO 81611 EVANSTON, IL 60201-5913 HALL NANCY TATE HAMPEL WALTER F PO BOX 1819 290 HEATHER LN ASPEN, CO 81612-1819 ASPEN, CO 81611 HINES HIGHLANDS LP JENKINS JANE JOHN 0133 PROSPECTOR RD 1f4111 PO BOX J ASPEN, CO 81611 ASPEN, CO 81612-7411 LARKSPUR HOLDINGS LLC LOORAM PETER ATTN JENNIFER CROSSETT 0280 GLEN EAGLES DR 120017TH ST STE 610 ASPEN, CO 81611 DENVER, CO 80202 MEADOWOOD LLC MEEKER RICHARD J & ALLISON D PO BOX 1027 0752 MEADOWOOD DR ASPEN, CO 81612-1027 ASPEN, CO 81611 MORTON RICHARD & HELEN ' MUSIC ASSOCIATES OF ASPEN INC 6740 E ROGERS CIR i 2 MUSIC SCHOOL RD BOCA RATON, FL 33487 ~ ASPEN, CO 81611-8500 .I ~~ PAYNE MARYBELLE R PERCY LASALLE MINES PO BOX 9878 C/O R L STEENROD JR & ASSOC ASPEN, CO 81612 2009 MARKET ST DENVER, CO 80205-2022 PITKIN COUNTY RANSOM SALLY MOORE 1/3 530 E MAIN ST #302 PO BOX 126 ASPEN, CO 81611 WOODY CREEK, CO 81656 ROGERS J W ROGERS JORDAN & PEGGY L 2225 THOMAS RD TRUSTEES BEAUMONT, TX 77706 750 MEADOWOOD DR ASPEN, CO 81611 €Yiquetees faciles 8 Paler • nrm.,,.. 1.. __~_.:...,e~ even e..... w.. ..ti. HALL CHARLES E PO BOX 10122 ASPEN, CO 81612 HARDY GORDON A TRUST 50% PO BOX 1108 ASPEN, CO 81612 JITKOFF JULIA 30 YR TRST 99.50% PEREGRINE RESOURCES INC .50% 100 E KLEBERG #200 KINGSVILLE, TX 78363 MEADOWOODHOMEOWNERS ASSOCIATION PO BOX 8774 ASPEN, CO 81612 MOORE THOMAS A 1/3 PO BOX 126 WOODY CREEK, CO 81656 PAPPER PATRICIA 1 GROVE ISLE DR STE 1501 MIAMI, FL 33133 PHILLIPS PAMELA ANNE TRUST PO BOX H ASPEN, CO 81612-7405 RICHARDS CHARLES F JR TRUSTEE 2204 N GRANT AVE WILMINGTON, DE 19806 RUBIN NANCY HIRSCH OPRT 3035 CHAIN BRIDGE RD NW WASHINGTON, DC 20016 Consultez la feuiBe vuww.averyoom Eary Peel Labels i ""~ ~ See Instruction Sheet; ~ ® ® i Use Avery®TEMPLATE 5160 ® 1F~ ?aper for Eary Peel Featurei ~ ~AVER'V 5160 .l RUMSEY BRONSON C R DIANA S BANGER MARIUS & CLARE SCHUMACHER BARRY LEE & JUDY M PO BOX 7787 133 BLUEBONNET TR 0115 GLEN EAGLE DR ASPEN, CO 81612 ASPEN, CO 81611-3326 ASPEN, CO 81611 SIEGEL MARTIN D 264 LARKSPUR LN ASPEN, CO 81611 THOMAS WILLIAM R & LAURA F 16 BLENHEIM RD LONDON ENGLAND NW8 OLX SIMMONS BRIAN P FAM DOT 56% C/O BRIAN P SIMMONS 10 S WACKER DR #3175 CHICAGO, IL 60606 TULLAR STEVEN T & HOLLY HOLEMAN 180 HEATHER LN ASPEN,CO 81611 WALTER W ILLIAM C & SUSAN COLBY ~ WANGER LEAH ZELL & RALPH 0372 GLEN EAGLE DR 1540 N LAKE SHORE DR ASPEN, CO 81611 I CHICAGO, IL 60610 WILSON ROBERT E OPRT 4301 E EASTMAN DENVER, CO 80222 WISE MARY 31/32 0252 HEATHER LN ASPEN, CO 81611 ZAINO BONIFACE A & ALISON H 876 PARK AVE #4 SOUTH NEW YORK, NY 10021 Eti4aettes fadles a paler Utilisez le aabarlt AVERY® 5760® ZG HOLDINGS LLC ATTN ARC CONCESSIONS 133 PROSPECTOR RD #41148 ASPEN, CO 81611 Sens de eh. 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