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HomeMy WebLinkAboutLand Use Case.Moore Family PUD.0028.2009.ASLUTHE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0028.2009.ASLU NO PARCEL FIVE TREES METRO DISTRICT JENNIFER PHELAN FINAL PUD MODIFICATION TO MOORE FAMILY JIM STARK 06/17/09 CLOSED BY ANGELA SCOREY ON 1/13/10 ,~ ,-,, ., FJje EdK @eoord plavgate Fgm RePorSe Format Zab Help I r'~^ I Yaklstion ~ Cuctom F(~Idc ~ Bctiors ~ Feef ~ Parcels ~ Fee SurmmrY ~ Sub Qarmits ~ Atta[hment5 ~ Roylttp Status ~ Routrrq 4 ~ Penr~t Type aslu ~ Aspen Land Use Permit ar 0028.2009.ASLU Address FIVETREES METROPOLITAN DISTRICT J Apt~SUite City ASPEN State CO > Zip 81611 J ..Permit Information _.. _.... Master PerrNt J Routhg Queue aslu07 Applied 05)04)2009 J Project J Status Dendinq Approved ~-J Deuription FINAL PUD -MODIFICATION TO MOORE FAMILY PUD GUIDE Issued ~ J Final I J Submitted ]IM STARK 925 3475 Clock Running Days r~ Expires 0429/2010 ~ '. 'S `~} .~_°,~4 -Owner _._ _.. _::. Last Name FIVE TREES HOMEOWNRS A J _ __ __ - __ F'vst Name _. _. _.. -'a... PFwne Owner I5 Applicant? E' Last Name FIVE TREES HOMEOVJNRS A J F'vst Name ~ Phwu ~- Cust s 28557 J _. _. __ _. ° ~~ erxier - _. _. _ __._ Last Name J Phone . _ _ F"vst Name ~ _... ' Permit lenders full address -- - - - -- AspenGoki(b) ~~ Recwd.l oF1 /' __ `~ ~ l7 • ~7 C l~ ~vr~ovt~' / 6 8 2 c~ o ~ ~~ hz. Co ~ ~, e r~ ~ ~ ~L?+l~n~ ~~Z~"sue c~ ~~~ F, Gc Cc~ ~ ~. C ~ C~`-~' ~~ ~va ~~ \~ ~0 \'\\ ~~ ~~ u~ ~~~~~ ~I~rl~~ a- ,~ ~ c D f e.~~- ~~ ~~~1 ~Jo Pavr~.Ps oo2s • 2ooq .,~sLli1 ~- .-,. ~,...~ RESOLUTION N0.09 (SERIES OF 2009) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A PUD AMENDMENT AFFECTING THE MOORE FAMILY PUD DEVELOPMENT GUIDE BY AMENDING ARTICLE VIII, BUILDING SETBACKS AND ARTICLE XVII, LANDSCAPING, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from the Five Trees Homeowners Association represented by Gary L. Beach of the Five Trees Metropolitan District, requesting approval of a PUD Amendment for the Moore Family PUD, Reception No. 420467; and, WHEREAS, the request seeks to create provisions to accommodate landscaping, drainage, and disturbances due to development and natural causes; and, WHEREAS, upon review of the application and the applicable code standazds, the Community Development Department recommended approval of the proposed PUD Amendment; and, WHEREAS, the applicable code standard is outlined in Section 26.445.100(B) "Other Amendment"; and, WHEREAS, during a duly noticed public heazing on June 16, 2009, the Planning and Zoning Commission reviewed and considered the development proposal under the applicable provisions of the Land Use Code as identified herein and approved the PUD Amendment by a vote of five -zero ;and, WHEREAS, the Planning and Zoning Commission found that the proposed amendment 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: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission approves the following changes to the "Moore Family Planned Unit Development Guide," recorded at Reception No. 420467 with the Pitkin County Clerk and Recorder's Office: Section 1: Article VIII, Building Setbacks, which article sets forth standazds for development, shall be amended to read as follows: ARTICLE VIII BUILDING SETBACKS All development, including grading, shall be contained within the Building Envelopes, with the exception of grading necessary for driveways and driveway retaining Page 1 of 3 _ .._ .. _. s-~ walls, roads as depicted on the Detailed Submission grading plans, and berms, and landscaping in Open Space Area 9. In addition, certain improvements outside the designated building envelope may occur as provided herein. An Activity Envelope (AE) will be measured twenty (20) feet from the foundation of the principal and accessory structures on each residential lot. Permitted activities within the AE may include: - Approved landscaping (See Article XVII for landscaping requirements); and, - Drainage features including drainage swales and drywells; and, - Geothermal wells; and, - Trenching for utilities. Finally, an Interim Disturbance Area (IDA) is defined as an area that is disturbed to trench and install utilities from the street to the structures located within the Building Envelope. The IDA is limited in width to ten (10) feet and is required to be re-vegetated, once utilities are trenched and installed, with an approved landscaping plan. Any area of the IDA shall be landscaped with native vegetation that is approved as part of a landscape plan as outlined in Article XVII, Landscaping, of this development guide. Artie~le X~VII, Landscaping, which article sets forth standards for landscaping, shall be amended to read as follows: ARTICLE XVII LANDSCAPING 1. Landscaping shall substantially comply with the Moore Family PUD Detailed Landscaping Plan approved at Detailed Submission. 2. Grasses and wildflowers to be planted in common areas shall comply with the mix established on the Moore Family PUD Detailed Landscaping Plan. 3. Landscaping south of the Maroon Creek Flume shall be limited to the plant list set forth on Exhibit "K" attached hereto and made part hereof. 4. An approved landscaping plan shall be submitted with a development application, approved by the City Pazks Department and the Five Trees Metropolitan District or other authority designated by the Home Owners Association, for landscaping proposed within the Building Envelope and Activity Envelope (refer to Article VIII, Building Setbacks). 5. Property owners shall submit a landscaping plan for approval to re-vegetate areas that are within an Interim Disturbance Area that have been impacted from the construction of utilities (refer to Article VIII, Building Setbacks). Each plan for a property must be approved by the City Parks Department and the Five Trees Metropolitan District or other authority designated by the Home Owners Association. Page 2 of 3 .~ .~ V {,; 6. Due to site limitations, property owners may be permitted to satisfy re- vegetation or tree replacement requirements as a part of an approved landscaping plan by locating plantings in open space azeas within the subdivision with the approval of both the City Pazks Department and the Five Trees Metropolitan District or other authority designated by the Home Owners Association. To maintain a natural environment, the City's Parks Department would prefer first, tree replacement on the individual residential lots; second, locating plantings in open space areas; and, third, the payment of cash in lieu in an amount determined by the Pazks Department. 7. Diseased or dead trees located outside of a Building or Activity Envelope may only be replaced with the approval of the City Pazks Department as the intent of prohibiting landscaping outside of designated envelopes is to maintain a natural environment. Section 3: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: 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 5: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on the 16th day of June, 2009. Attest: ackie Lothian, City Clerk Stan Gibbs, Vice -Chair Approved as to form: ~-- ames R. True, Special Counsel Page 3 of 3 r.,. .... ... •~• 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. Afrer 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. Five Trees HOA 133 Prospector Road, Suite 4210, Aspen, CO 81611 Property Owner's Name, Mailing Address and telephone number Moore Family PUD Legal Description and Street Address of Subject Property The Applicant received approval to amend the Moore Family Planned Unit Development Guide allowine for ¢reater flexibility in the location of landsca~ g and utilities within the PUD. Written Description of the Site Specific Plan and/or Attachment Describing Plan Planned Unit Devel~ment -Other Amendment resolution 10, Series of 2009, June 16, 2009 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) Effective Date of Development Order (Same as date of publication of notice of approval.) 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 29`h day of June, 2009, by the City of Aspen Community Development Director. e ~ Chris Bendon, Community Development Director AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: Y~I~V(; `~`~ LCJ' Aspen, CO STATE OF COLORADO ) ss. County of Pitkin ) I, ' V V ~ ~ (name, please print) being or representing licant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.0] 0 (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 no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. 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 no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. ~ ~ VV• Signature The foregoi g "Affidavit of Notice" was acknowle ed before me his ~~ day of , 200, by~~~ D~/lp~~ WITNESS MY HAND AND OFFICIAL SEAL My commission expires: °- <, f ~ L • ~~~ Notary Public Q,PL'.NE~S ,~P.aOTA/,~y ATTACHMENTS: COPY OF THE PUBLICATION `P:~n~'•, ,e. _ _ _ .G ~'- ~• ~,__ ,n EzpiN~0of2rJ2001 Publishetl in The Aspen Times Weekly on June 26, 2009. [3630565] r/ 4.,/ Rye ular Meeting Aspen Planning and Zoning June 16.2009 property, which was 54 acres. Haas said the office expansion was no longer in this year's budget and that was the reason for coming back to P&Z another time. Stan Gibbs asked if there was 104,000 square feet of approved space for the SPA. Evans replied yes, the SPA was done in the early 1980s and the site was large. MOTION: Cliff Weiss moved to approve Resolution 010-09approving with conditions, the recommendations for Growth Management Review and Specially Planned Area amendment to Council and approving the requests for 8040 Greenline Review at 500 Doolittle Drive on the City of Aspen Water Treatment Plant ;Dina Bloom seconded. Roll call vote: Wampler, yes; Myrin, yes; Bloom, yes; Weiss, yes; Gibbs, yes; Approved S-0. PUBLIC HEARING: FIVE TREES SUBDMSION PUD AMENDMENT Stan Gibbs opened the public hearing for Five Trees Subdivision PUD Amendment. Jennifer Phelan explained that Jim Korpela from Beach Resource Management represented the homeowners of the Moore Family PUD also known as Five Trees. Phelan provided proof of notice for posting, mailing and newspaper. Jennifer Phelan said the PUD contained 40 free market lots and 30 affordable housing lots and some open space/park areas and the ski club area. The PUD is regulated by adopted design guidelines and one design guideline says that all development except for driveways and retaining walls associated with driveways are required to be in a building envelope. Phelan stated the building envelope sets the setbacks for a building and contains al] of the development within an area on the site. This subdivision was approved in the county and annexed into the city; this subdivision does not have an activity envelope and because of this there were problems with spacing and appropriate landscaping, handling drainage issues on site and connecting and trenching utilities from the road to the property. Phelan said that Community Development has been working with the Parks Department, Engineering Department and with Beach Resource Management to allow an Activity Envelope. The Activity Envelope would be a defined area from the foundation of a building out 20 feet and within that activity envelope it would allow for drainage swales, drywells, geothermal wells, and approved landscaping. The Interim Disturbance Area which is a 10 foot wide trenching allowance from the street to the building envelope for utilities that's required to be re-vegetated with natural landscaping and be approved by both Beach Resource Management on behalf of the homeowners and the Parks Department. During discussions it came Regular Meeting Asaen Planning and Zoning June 16.2009 up that it might be appropriate to put some landscaping in open space areas of the subdivision and if there were issues of diseased trees outside the building envelope there was some allowance to work with the Parks Department to remove and replant diseased trees. Phelan explained that there were 40 free-mazket lots zoned R-30 and R-15 zone district constituted 30 affordable housing units. Phelan said the R-30 minimum lot size was 30,000 feet with minimum front yard setback at 25 feet; side yard setback is 10 feet and rear is 15 feet. Phelan said on the eastern by the ski lift easement there was over 20 foot setback from the building. Bert Myrin said that trees go to die behind the Red Brick. Myrin asked how a site constraint worked in the city for the relocation of trees. Phelan replied Parks will come out and determine what trees by caliper and/or species on the property and will determine what trees to be saved and what trees can be removed with a Parks Mitigation fee or that tree that was removed must be replaced. Phelan said that some people would pay the Pazks Mitigation fee, replant trees on the HOA open space or replanting on the owners property. Myrin said the resolution doesn't have a priority on the City's point of view. Phelan responded that it would be a case by case basis; people were interested in landscaping for privacy issues to a degree on their property. Cliff Weiss asked where the relocated idea came from. Myrin suggested a priority that the trees stay on the property first and if that doesn't work then the trees would go on the open space and cash mitigation was the last. Cliff Weiss asked if the 30 and 40 houses were already built. Phelan replied that the affordable housing units were built and about 8 free-mazket units were not completely built yet. Mike Wampler asked if the houses that were not yet built would have the same rules as the people who had already built houses. Jennifer Phelan replied yes. Weiss asked if the draining would be optional. Phelan replied that it was not optional drainage had to be maintained on site; drywells can be placed 10 feet from the foundation. Wampler asked what if people don't want to do it, will they be forced to do it. Phelan replied that a drainage plan was necessary. Wampler asked if there were any other options for the people. Stan Gibbs asked where area 9 was located. Phelan replied that it was in the original plans adjacent to Grey Talon Court. ~~ .~ Reeular Meetine Asaea Planaine and Zonine June 16.2009 Weiss said that he only had one lot and didn't know if the property line on a lot 20 feet setback how close was it to the surrounding lots. Phelan replied that someone would not be able to landscape across a property boundary. Jim Korpela, Beach Management Resource Management, pointed out that any landscaping that a homeowner would do, would be subject to the property line boundary. Korpela said there was not an activity envelope in the current PUD and that has hampered efforts to mitigate drainage issues and utility improvements needed to be made; so this was to clean up the language to give the flexibility with the controls in place. Myrin reiterated his prioritizing of the landscaping issues. Phelan suggested if prioritizing landscape on the actual lot; the second preference would be to landscape on open space and cash in lieu would be third. Korpela said it was good to prioritize. Weiss asked if the house on lot 28 was built. Korpela answered that it was under construction. Public Comments: Bruce said that he lived in the subdivision and agreed with the recommendations. MOTION: Bert Myrin moved to approve Resolution 009 series of 2009 for 500 Doolittle Drive Spa Amendment with the priority in paragraph 6 to include tree replacement on the individual lots is preferred, secondly with landscaping on the open space and the third cash payment in lieu for mitigation and #7 to maintain a natural environment; Mike Wampler seconded. All in favor of the amendment and roll call: Weiss, yes; Bloom, yes; Wampler, yes; Myrin, yes; Gibbs, yes; APPROVED 5-0. Korepla said that Parks would oversee everything. Discussion on P&Z Schedule: The commissioners and community development discussed the overall schedule. Jennifer Phelan said that there were a number of cases slated to come before P&Z. The commissioners objected to having more meetings especially 2 meetings back to back in one week; and asked why there were 6 meetings additional with HPC on the Wheeler. Phelan said that it would take 2 meetings to go through what the architects had and it takes only 4 members combined P&Z and HPC for a quorum. Then P&Z will review the Wheeler on Growth Management. Phelan said the Wheeler review was conceptual, commercial design and growth management. MEMORANDUM TO: Planning and Zoning Commission FROM: Jennifer Phelan, Deputy Community Development Directol~~ DATE OF MEMO: June 10, 2009 MEETING DATE: June 16, 2009 RE: Moore Family PUD, Planned Unit Development -Other Amendment APPLICANT /OWNER: Five Trees Homeowners Association / Five Trees Metropolitan District REPRESENTATIVE: Beach Resource Management, Jim Korpela LOCATION: Civic Address -Various Addresses off Maroon Creek Road on Cinnamon Court, Falcon Road, Moore Drive, Powderbowl Trail Shavano Drive, Five Trees Lane, Cascade Lane, Bus Barn Lane, Sievers Circle, and Grey Talon Court. CURRENT ZONING a4c USE The Moore Family PUD contains a number of zone districts within it. The 30 Affordable Housing Units within the PUD are Moderate-Density Residential (R-15) while the 40 free- market single-family lots are Low- Density Residential (R-30). Additionally the ski club lot is zoned Public (PUB) and other areas are zoned Park (P) and Conservation (C). STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission approve the PUD Amendment allowing for changes to the Moore Family Planned Unit Development Guide. SUMMARY: The Applicant requests of the Planning and Zoning Commission to approve the PUD Amendment to make text changes to the Moore Family Planned Unit Development Guide allowing for an activity envelope on the building sites and revisions to the landscaping requirements. Page 1 of 4 BACKGROUND: The Moore Family PUD is located near the base of Highlands Ski Area and is managed by the Five Trees Metropolitan District. Established in 1998, the PUD was approved by the Board of County Commissioners and subsequently annexed into the City. The Moore Family Planned Unit Development Guide provides regulations governing land uses on the site. As the Guide has been implemented, it has become evident that several amendments would benefit the homeowners within the subdivision. The changes include creating an activity envelope and amending the landscaping requirements for replacement. LAND USE REQUEST AND REVIEW PROCEDURES: The applicant is requesting the following land use approvals from the Planning and Zoning Commission: • PUD, Other Amendment pursuant to Land Use Code Section 26.445.100 B. This application does not qualify for an insubstantial amendment. An amendment found to be consistent with or an enhancement of the 1 1 1 b 0 ~~ ~ ~~ ' : ~ m, ,. , .,~ , ,~ .__ ~ ~ j .~ • • p~4 l} p O _ G - . i ,! ~ J . n~ l\ ~ . "~ ~ .~ ,, ~ •'i :Y ; ~' . ~ . ~A~, $ ~, , ~~ ~ r . r~ ~~ ~ ~ ~~i ~ Y G~~pR i s ~ ' x /CASCADE li5 l i. ,~` LAUREL+N % ~~ .~. LkRKSauR LN ~ ~ ~~f /' ~ -f'p6 / / ~ ,~, ~/ SPUD i '% .,~ c/ 4 ~~`~ . ~J l !~ approved fina deve opment p an, ut which does not meet the established thresholds for an insubstantial amendment, may be 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. The Planning and Zoning C~~mrni~sic~r; Tall l~~ c~~n~i;lcrc~l the tinal action, unless the decision is appealed. PROPOSED PLANNED UNIT DEVELOPMENT AMENDMENTS: Since the original Moore Family Planned Unit Development Guide was approved in 1998, home owners have discovered that it is not always possible to keep all activities confined to the established building envelope. Other subdivisions that were originally approved in the county often have both a building envelope (for structures and more intense development) and an activity envelope (for less intensive development); however, the Moore Family PUD was not approved with an activity envelope. Since other subdivisions in this area have activity envelopes, it seems reasonable to extend some limited functions outside the permitted building envelope such as dry wells, geothermal wells, and landscaping. The proposed PUD Amendment creates a defined Activity Envelope (AE) and Interim Disturbance Area (IDA) under Article VIII, Building Setbacks, of the development guide. Both Page 2 of 4 the AE and IDA allow for certain improvements outside the building envelope. Specifically, approved landscaping (by both the Pazks Department and Five Trees Metropolitan District), drainage features such as swales and drywells, geothermal wells, and trenching for utilities may occur within the Activity Envelope which shall be measured twenty (20) feet from the foundation of any principle or accessory building. An Interim Disturbance Area is defined as "an azea that is disturbed to trench and install utilities from the street to the structures located within the building envelope." The width of the trench is limited to ten (10) feet and is required to be replanted with native vegetation. A few additions to Article XVII, Landscaping, have also been included. A landscaping plan, approved by the Five Trees Metropolitan District as well as the Pazks Department is required to be submitted for any landscaping within the Activity Envelope or Interim Disturbance Area. Other changes include: allowances to plant some required tree mitigation within the Moore Family PUD's open space and allowing the replacement of diseased or dying trees outside of designated envelopes. Staff Comments The proposed text amendments are merely a housekeeping item to the existing Planned Unit Development Guidelines. Approving the amendments will allow for limited uses in a newly established Activity Envelope and Interim Development Area. The amendments will also allow property owners to plant vegetation in the open space, upon approval, if site constraints limit the location of plantings. The draft resolution included with this memo shows the proposed additional language in blue, italics while any proposed deletions are shown in red, strike- through font. RECOMMENDATION: Staff believes that the application is generally minor in nature. It appeazs to be consistent with the final development approvals and provides allowances for replacement plantings in the landscaping regulations and accommodates utility and drainage issues associated with the development of a residence. Community Development Department staff recommends that the Planning and Zoning Commission approve of the amendments. RECOMMENDED MOTION: If the Planning and Zoning Commission chooses to approve the proposed amendments, they may use this motion "I move to approve the PUD Amendment to text of the Moore Family Planned Unit Development Guide." ATTACHMENTS: Exhibit A -Staff Findings Exhibit B -Example Landscape Plan Page 3 of 4 EXHIBIT A 26.440.050 Review Standards: Conceptual, Final, Cousolidated, and Minor PUD A development application for Conceptual, Final, Consolidated and Final or Minor PUD shall conform with the following standards and requirements. This application is an amendment to an existing PUD that does not qualify for an insubstantial amendment. While reviewing the proposed text amendment, the Planning and Zoning Commission must consider the following: The proposed development shall be consistent with the Aspen Area Community Plan. The proposed text amendments work to preserve, enhance and restore the natural beauty of the environment of the Aspen area by allowing home owners to replace damaged landscaping and plant required trees in the Moore Family open space if site constraints do not permit re-vegetation of disturbed areas. Stafffinds this criterion to be met. 2. The proposed development shall be consistent with the character of the existing land uses in the surrounding area. The activity that will be allowed by the proposed text amendments will be consistent with the character is the existing land uses in the area. Currently, the building envelope restricts the location of landscaping and drainage. An activity envelope will allow additional flexibility with site design and will not impact the character of land uses in the surrounding area. Stafffinds this criterion to be met. 3. The proposed development shall not adversely affect the future development of the surrounding area. The proposed text amendments will not adversely affect future development of the surrounding area. Stafffinds this criterion to be met. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. Not applicable. Stafffinds this criterion to be met. Page 4 of 4 ,~. ~. RESOLUTION N0. ~D (SERIES OF 2009) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING [MISSION APPROVING A PUD AMENDMENT AFFECTING THE MOORE FAMILY PUD DEVELOPMENT GUIDE BY AMENDING ARTICLE VIII, BUILDING SETBACKS AND ARTICLE XVII, LANDSCAPING, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from the Five Trees Homeowners Association represented by Gary L. Beach of the Five Trees Metropolitan District, requesting approval of a PUD Amendment for the Moore Family PUD, Reception No. 420467; and, WHEREAS, the request seeks to create provisions to accommodate landscaping, drainage, and disturbances due to development and natural causes; 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 standard is outlined in Section 26.445.100(B) "Other Amendment"; and, WHEREAS, during a duly noticed public hearing on June 16, 2009, the Planning and Zoning Commission reviewed and considered the development proposal under the applicable provisions of the Land Use 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 meets or exceeds all of the applicable development standards; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission approves the following changes to the "Moore Family Planned Unit Development Guide," recorded at Reception No. 420467 with the Pitkin County Clerk and Recorder's Office: Section 1: Article VIII, Building Setbacks, which article sets forth standards for development, shall be amended to read as follows: ARTICLE VIII BUILDING SETBACKS All development, including grading, shall be contained within the Building Envelopes, with the exception of grading necessary for driveways and driveway retaining Page 1 of 4 0 0 walls, roads as depicted on the Detailed Submission grading plans, and berms, and landscaping in Open Space Area 9. In addition, certain improvements outside the designated building envelope may occur as provided herein. An Activity Envelope (AE) will be measured twenty (?D) _ feet, from the.foundation of the principal and accessory structures on each residential lot. Permitted activities within the AE may include: - Approved landscaping (See Article X1~II for landscaping requirements); and, - Drainage features including drainage swales and dry~~ells; and, Geothermal wells; and, Trenching_for utilities. Finally, an Interim Disturbance Area (IDA) zs defined as an urea that is disturbed to trench and install utilities ,from the street to the structures located within the Building Envelope. The IDA is limited in width to ten (10) feet and is required to be re-vegetated, once utilities• are trenched and installed, with an approved landscaping plan. Any area of the IDA shall be landscaped with native vegetation that is approved as part of a landscape plan as outlined in Article XVII, Landscaping, of this development guide. Section 2: Article XVII, Landscaping, which article sets forth standards for landscaping, shall be amended to read as follows: ARTICLE XVII LANDSCAPING 1. Landscaping shall substantially comply with the Moore Family PUD Detailed Landscaping Plan approved at Detailed Submission. 2. Grasses and wildflowers to be planted in common areas shall comply with the mix established on the Moore Family PUD Detailed Landscaping Plan. 3. Landscaping south of the Maroon Creek Flume shall be limited to the plant list set forth on Exhibit "K" attached hereto and made part hereof. ,l. An approved landscaping plan shall be submitted with a development application, approved by the City Parks Department and the Five Trees Metropolitan District or other authority designated by the Home (?wners Association, for landscaping Page 2 of 4 O p proposed within the Building Envelope and Activity Envelope (refer to Article VIII. Building S'etbacks). S. Property owners shall submit a landscaping plan.for approval to re-vegetate areas that are within an Interim Disturbance Area that have been impacted •from the construction of utilities (refer to Article VIII, Building Setbacks). Each plan.for a property must be approved by the Ciry Parks Department and the Five Trees Metropolitan District or other azrthoriry designated by the Home Owners Association. 6. Due to site limitations, property owners may he permitted to satisfy re- vegetation or tree replacement requirements as a part of an approved landscaping plan by locating plantings in open space areas within the subdivision with the approval of both the Ciry Parks Department and the Five Trees Metropolitan District or other authority designated by the Home Owners Association. 7. Diseased or dead trees located outside of a Building or Activity Envelope may only be replaced with the approval of the Ciry Parks Department as the intent of prohibiting landscaping outside of designated em~elopes is to maintain a natural environment. Section 3• All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: 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 5: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on the 16th day of June, 2009. Attest: Jackie Lothian, City Clerk LJ Erspamer, Chair Page 3 of 4 .~. ,. ~. Approved as to form: James R True, Special Counsel Page 4 of 4 ue uol e81 i aa~ Bul ue ° ° f f Id l 1.W 1/ ~ Id z° ~ R ~: o ~_ ~u ~ ~ ~~ ~ Q opeio~o~'uadsy:BZlo~ saail ani~ W ~ ~~ + S q m ~ aauapisa~ uauaQ o' g~ 3 e \ "- \ \\ .~ $ ~ ~ '' C'~// ~ C a e ~ '~'y m ~ p .~ n r.~i y \`~ ~' \` g 3 t~ C ~c~ y o3 ~ ~2 `m ~ t ~ ~.~ ~ (n 3 ~Se ~' ~ s ~ ~ ~` ~m ~~ ~S~' ~~ g "gyp 3° e N ~~ „a E ~y oh >h ~ q5 ~P.E 'C.,,~ `~~ CC' ~ 5~ `~~S'es4 e ! c u U ¢ ~ 1 ('{`(j s ~Q t, a._ .3`~ ~~ mad ~ ~' ~,'' m e33eaeass:ra cs~ V N ~~ p~~ O~ Old iA~ ON ~~''~ NV~. ` ~ •~ Y ~~° °p ~~ \`\ \ .. ~~ \ '. a'.'.'. 0\ ~ my ~ v V\/ ~ 1' ~ ~\ \ '~ .'~._a..'a~ ~, ~ ~~ a ~1~ 1 ~' f ~ ~ ~'~F,:a'~; ~ ~ ~~~~M ~~~ ~~ I i ;~~~' ~ ~~ ~~~~~ ~ ~ e ~ ~~' ~ \' . M ~ ~', \ 4' X1/1 O \ ~ I i~`\,\.\~.,...,a ~ w~ "J ss AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: p / 5 Ti¢.~5 O~ 3.3 I~io~~zN iCCil ?.spec, CO SCHEDULED PUBLIC FIEARING DATE: ~ueoc)cc-y ~-t /~ @ L :c ___~' 200° STATE OF COLORADO ) ss. County of Pitlun ) I ~~~ ~ ~ C ~( -2~v~ (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 26304.060 (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 nofice: 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 1 (26) inches high, and which was composed of letters not less thazz 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, notice vas hand delivered or mailed by f1z'st 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 a they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the o~vizers mzd goi~ernnzental age~xcies so noticed is attached hereto. (continued on nextpage) ~ .~ _... mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are subject to this notice requirement 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 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. ..~ r ~~ Signs The foregoing "Affidavit of Notice" was acknowledged before me this ~ day of ~u. nu. 200 9 by _~ ~ ~ ~-e~ WITNESS MY HAND AND OFFICIAL SEAL My co 'ssion fires: ~ ~) o Notary Pu lic ~aRr F Publisbetl in the Aspen Times on May 31, 200 [3469140[ CORY J. GARSKE ATTACHMENTS AS APPLICABLE: `''s••• PUBLIC,4TION ~ ~OF ~'~ f OF THE POSTED NOTICE (SIG1~ My Commission Ezpkes 0610011012 [WNERSAND GOVERNMENTAL AGENCIESNOTICED • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIREDBYGRS. §24--65.5-103.3 aILJ Eroonmx Cbnir Aape- n~ning and Zoning Commlanlan `, PUBLIC NOTICE ItE: MOOItE FAMILY PUD, PLANNED UNIT DEVELOPMENT AMENDMENT NOTICE IS I3EIiEBY GIVEN that a public hearing will be held on Tuesday, June 16, 2009, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, in the Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Gary L. Beach of the Five Trees Metropolitan District, 0133 Prospector Road, Suite 4210 c/o Beach Resource Management L.L.C., Aspen, CO, 81611 on behalf of Moore Family Planned Unit Development who are the owners of properties located in the subject area. The applicant is proposing to amend Article VII, Building Setbacks and Article XVII, Landscaping. The amendment would create provisions to accommodate landscaping, drainage and disturbances due to development and natural causes outside the building envelope. The applicant is requesting the following development approval: Planned Unit Development Amendment (to the Moore Family Planned Unit Development Guide). For further information, contact Jennifer Phelan at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2759, Jennifer.Phelan@ ci.aspen.co.us. s/I..T Ersnamer, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on May 31, 2009 City of Aspen Account ATTACHMENT? AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SE~C/TION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ~" 10~~~-~~~m I ~ Y /~~ U ~ ,Aspen, CO SCHEDULED PUBLIC HEARING DATE:LJ 1~ l~I~ ~ U/ , 2008 STATE OF COLORADO ) ss. Couuty of Pitltin ) I, Sol~'--~ S I~Q ~ ~ ~ (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: V 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 J_Sf"day of ~U/~E' , 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 appeared 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) r'* 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 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. ~--- Si afore The foregoing "Affidavit of Notice" was acknowledged before me this Z~` day of~~~rn:~. , 2008, by ~Jc~,+~nes T K-oroP~L~ WITNESS MY HAND AND OFFICIAL SEAL NEATNER 808DA Notary Public My commission expires: Wi-e Zo i'L... Stets of Cobndo Notary Public ATTACHMENTS: COPY OF THE P UBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL pUB~iC NOTICE DATE Tu~soay, TUNE ~~, 2 09 TIME "30Pm -B~~GKE ASHEN PI~Nn~iNG+Z1~~JIN6 - S I STEM CITIES h1 FETING K00~ PLACE Lm++a~~,i3os~a~Nasr,as~~ PURPOSE,~ooK~ FaMILY~UDAMENOM~r ~° ~~.?ti ~~ /iSiagS7ol~oN)O~qfEfAh~DSCA~IN6 DRAINAGE +DiSTUKBANCES puE ~Z pEVEfDPr~EN7AaD N~~U~~,L G4US~S ~ vT~ I~D~ ~1"N-~ BUiL~piNG ~rVJ/ `~~ ~ PP ~I c~ N`~ 1 S P, ~EQ v~5`i~r N G _1~~-~ ~DU.ow~nl6 ~D'EV ~L{~PN'I EtJT ~} P P~-l~V~ ~ ~ P {~ p ~ ~1 ~ 1'~ j~ Nf ~ t~l ~T Coo ~~~ ;~oa~~ ~~M ~ ~y P~ ~ 6u~~~ . __ ~ .~ .4. _ 4?.. ;e~ ~ : ..' ,~~ ~ ,,i ,~.f . u (, F '-' z i v J a ~ a ~ ~ -~~ O '~ ,~~ ,. _' ~ j• ,~~ z , ~~ :~ ;,, _ z. .i,~ ~ ~1 (,.. ~'3 J tj '~ ' C ,~. ~. ~' `}i',1.. j`. f ~- `~ '?~, F + ~ i ,'~ (; ~ ~:, ~. ~ .. ^ ^ ,~ Easy Peel® Labels ,...~ ~ ~ Bend almng line to - - Use Avery®`Template 5160® ~ Feed raper expose Pap-up EdgeTM ~ 0476 GLENEAGLE LTD 100 E KLEBERG #200 KINGSVILLE, TX 78363 ALLEN GERALD D & ELEANOR TRUSTEES 0165 HEATHER LN ASPEN, CO 81611 ASPEN HIGHLANDS COMMERCIAL METRO DIST 715 W MAIN ST #304 ASPEN, CO 81611 AVERY INTERESTS LLC 1001 TEXAS AV HOUSTON, TX 77002 BOWDEN J MURRY FAMILY TRUST 5847 SAN FELIPE #3600 HOUSTON, TX 77057 CARSON L KELLEY PO BOX 8927 ASPEN, CO 81612 CITY OF ASPEN ATTN FINANCE DEPT 130 S GALENA ST ASPEN, CO 81611 DALYJACOUELYN M 249 HEATHER LN ASPEN, CO 81611-3347 DUFFEY MARY A PO BOX 3652 ASPEN, CO 81612 FRAMPTON GEORGE T JR 45 E 62ND ST #A NEW YORK, NY 10021-9014 ASPEN HIGHLANDS MOUNTAIN LLC PO BOX 1248 ASPEN, CO 81612 AYRES R WILLIAM JR ESTATE 28 LARKSPUR LN ASPEN, CO 81611 BRADFORD DEBORAH 45 GLEN EAGLES DR ASPEN, CO 81611 CHOPIVSKY GEORGE JR 3217 CATHEDRAL AVE N W WASHINGTON, DC 20008 CLUB PROPERTIES INC 1 GROVE ISLE DR #1501 MIAMI, FL 33133 DOREMUS ANDREW J & JEANNE C 75.5034% 85 GLEN GARRY DR ASPEN, CO 81611 FLEISHER DAVID M BERKO GINA 292 GLEN EAGLE ASPEN, CO 81611 FRANCIS JUDI TRUST 0201 HEATHER LN ASPEN, CO 81611 Q AVERYO sleo® ANDERSON THOMAS J & JEANETTE G PO BOX 226 ASPEN, CO 81.612 ASPEN SCHOOL DISTRICT NO 1 RE 0235 HIGH SCHOOL RD ASPEN, CO 81611 BERLEY DAVID B PO BOX 3652 ASPEN, CO 81612 CARLSON DOUG M & MARY M PO BOX 4 ASPEN, CO 81612 CHURCH OF JESUS CHRIST OF LDS C/O REAL ESTATE DIVISION 50 E NORTH TEMPLE 22ND FL SALT LAKE CITY, UT 84150 CONOVER MARY C/O SHANNON T MORGAN CPA PC 533 BOGART LN #C GRAND JUNCTION, CO 81505 DUBRULE LEMONS DIANE CHERYL 187 HEATHER LN ASPEN, CO 81611 FLOM JASON & WENDY 146 CENTRAL PARK W #2E NEW YORK, NY 10023 FRISSELLE FAM TRUST 50% ARBURY DOROTHY D TRUST 50% 123 LARKSPUR LN ASPEN, CO 81611 GEE TECH LLC GEER JANE MOORE 1/3 GERSCHEL CHRISTINE A TRUST 715 W MAIN ST #201 PO BOX 126 PO BOX 2985 ASPEN, CO 81611 WOODY CREEK, CO 81656 ASPEN, CO 81612 Easy Peel® Labels ~ ~ Bend along line to .~ Q AVERY® s16o® ~ Use Avery®1'emplate 5160® ~ ~~eed Paper expose Pop-Up Edger" ~ j Fes, GLAH CAROLYN BOLZ GLICK FAMILY TRUST GODFREY H LEE & SANDRA S 0270 HEATHER LN 1033 MAYBROOK DR 1000 LOUISIANA ST STE 5100 ASPEN, CO 81611 BEVERLY HILLS, CA 90210 HOUSTON, TX 77002-5096. GOLDBERG ANA E GOTTLIEB 1996 FAMILY TRUST HALL CHARLES E 36 GLEN GARRY DR 1007 CHURCH ST #408 PO BOX 10122 ASPEN, CO 81611 EVANSTON, IL 60201-5913 ASPEN, CO 81612 HALL NANCY TATE HAMPEL WALTER F & EUGENIA HARDY GORDON A TRUST 50% PO BOX 1819 290 HEATHER LN PO BOX 1108 ASPEN, CO 81612-1819 ASPEN, CO 81611 ASPEN, CO 81612 JENKINS JANE JOHN LARKSPUR HOLDINGS LLC LEWIS MARK W & LARA R PO BOX J 7607 CURTIS ST PO BOX 6474 ASPEN, CO 81612-7411 CHEVY CHASE, MD 20815 SNOWMASS VILLAGE, CO 81615 LOORAM PETER MEADOWOOD LLC MEADOWOOD METROPOLITAN DIST 0280 GLEN EAGLES DR 33 SOUTH STATE ST #400 PO BOX 8774 ASPEN, CO 81611 CHICAGO, IL 60603 ASPEN, CO 81612 MEEKER RICHARD J & ALLISON D MOORE THOMAS A 1/3 MORTON RICHARD & HELEN 0752 MEADOWOOD DR PO BOX 126 6740 E ROGERS CIR ASPEN, CO 81611 WOODY CREEK, CO 81656 BOCA RATON, FL 33487 MUSIC ASSOCIATES OF ASPEN INC PAPPER PATRICIA PAYNE MARYBELLE R 2 MUSIC SCHOOL RD 1 GROVE ISLE DR STE 1501 PO BOX 9878 CO 81612 ASPEN ASPEN, CO 81611-8500 MIAMI, FL 33133 , PERCY LASALLE MINES PITKIN COUNTY RANSOM KENNETH W TRST 1/3 C/O R L STEENROD JR & ASSOC 530 E MAIN ST #302 7463 W LOUISIANA AVE 2009 MARKET ST ASPEN, CO 81611 LAKEWOOD, CO 80232 DENVER, CO 80205-2022 ROGERS JORDAN & PEGGY L RICHARDS CHARLES F JR TRUSTEE ROGERS J W TRUSTEES 2204 N GRANT AVE 2225 THOMAS RD 750 MEADOWOOD DR WILMINGTON, DE 19806 BEAUMONT, TX 77706 ASPEN, CO 81611 RUBIN NANCY HIRSCH OPRT BANGER MARIUS & CLARE LEE B R 3035 CHAIN BRIDGE RD NW 133 BLUEBONNET TR E D 0115 GLEN EAG R WASHINGTON, DC 20016 ASPEN, CO 81611-3326 ASPEN, CO 81611 cHnumr.c f~ril.c a nel.r ~ Reoliez 31a hachure afin de www.averycom Easy Peel® Labels ~ ~ Bend ala.ng line to ~ AVERY® 5160® ~ Usf Avery®4emplate 5160® ~ ~""~ Feed Paper expose Pep-Up Edge*"' ~ 1 ti SIEGEL MARTIN D 264 LARKSPUR LN ASPEN, CO 81611 SIMMONS BRIAN P FAM DOT 56% C/0 BRIAN P SIMMONS 10 S WACKER DR #3175 CHICAGO, IL 60606 SMART EDWIN J C/O R L STEENROD JR 8 ASSOC 2009 MARKET ST DENVER, CO 80205-2022 THOMAS WILLIAM R & LAURA F 16 BLENHEIM RD LONDON ENGLAND NWS OLX WALTER WILLIAM C 8 SUSAN COLBY 0372 GLEN EAGLE DR ASPEN, CO 81611 WILSON ROBERT E OPRT 4301 E EASTMAN DENVER, CO 80222 ZAINO BONIFACE A & ALISON H 293 HEATHER LN ASPEN, CO 81611 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 WISE HUGH D III 1/32 0252 HEATHER LN ASPEN, CO 81611 ZG HOLDINGS LLC ATTN ARC CONCESSIONS 133 PROSPECTOR RD #41146 ASPEN, CO 81611 WACHNER LINDA J 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 305 LARKSPUR LN ASPEN, CO 81611 ~\ s 4 ~- ~- RECEIVED ATTACHMENT 2-LAND USE APPLICATION MAY O 1 2009 o.,,,,~~T. (:I I r yr HJF'tN Name: A'MEN~MF1.tT T~ Moo(LE AM~~Y PVC DEV6L PM'~T GU iD Location: F 1 V E TREES P T BooK '-i s (~f4 ES 8l - 89 Indicate street address, lot & block number, le al descri tion where a ro riate Pazcel ID # UIRED APPLICANT' Name: F IVF T"RfT S METRo~PoLIT(1N 111 S"7121 CT Address: 0133 P2o5PECT~2 R9 sV IT•E `i2lID ~ f~SPEN c0 Phone#: (Q`{-0) ~(ZS- 34~s- REPRESENTATIVE: Name: J ES o PE (3P N (Ll=SovRC£ A~tA-NFFGF~tE- T Address: ~ 13 ~ P2o 5 E cTa 2 ut~ sv 1-1'E ti z t F4-SP ~ Ga Phone #: (~ "~- 0 RZ S - 3 `I ~ S TYPE OF APPLICATION: (please Check all that apply): ^ GMQS Exempton ^ GMQS Allotment ^ Special Review ^ ESA - 8040 Greenline, Stream Mazgin, Hallam Lake Bluff, Mountain View Plane ^ Commercial Design Review ^ Residential Design Variance ^ Conditional Use ^ Conceptual PUD Final PUD (& PUD Amendment) ^ Subdivision ^ Subdivision Exemption (includes condominiumization) ^ Lot Split ^ Lot Line Adjustment ^ Temporary Use ^ TexUMap Amendment ^ Conceptual SPA ^ Final SPA (& SPA Amendment) ^ Small Lodge Conversion/ Expansion ^ .Other: F.XiSTING CONDITIONS: (description of existi ng buildin gs, uses, previous approvals, etc.) M oor 1 •o-mil ~ Plan d V ru ~ De ve loDme.rvF ~.~ i d.z PROPOSAL: (descripton of proposed buildings uses modifications, etc.) M o c~n ~; .~ ~i 0 n ~ Mn o r ~e-m, l ~. V• n. G V~ d.st. Save you attached the followin>:? FEES DUE: $ l , 6 8 Z °O Pre-Application Conference Summary Attachment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standazds ^ 3-D Model for lazge project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application rnnference summary will indicate if you must submit a 3-D model o R1G ~.„s . ,~ F t V E T R E E S 0133 PROSPECTOR RD, SUITE 4210 May 1, 2009 ASPEN, CO 81611 City of Aspen Community Development Department 130 South Galena Street Aspen, CO 51611 Re~ Amendment to Moore Family PUD Development Guide Five Trees, Plat Book 45, Pages 81 - 89 To the City of Aspen, Community Development, RECEIVED MAY O 1 2009 '.-< < . Jr r~~t'tN ^OMMUNITY OEVELOPMENV Please let this letter serve as consent-from the FiveTrees Homeowners Association/Moore Family PUD Board of Directors for submission of the Land Use Application for an amendment to Moore Family PUD Guide. Beach Resource Management is authorized to represent the FiveTrees Homeowners Association/Moore Family PUD Board of Directors in the submission of this application. Sincerely. By m Stark resident. FiveTrees HOA/Moore Family PUD Board of Directors h:\ftmd\0209 FiveTrees PUD Amendment HOA Consent Letter 05-1-09.doc TEL. 970-925-3475 FAx 970-925-4754 FIVETREES HOMEOWNER°°-S ASSOCIATION .~, -•~ ~~ .1 F 1 V E T B E E S 0133 PROSPECTOR RD, SUITE 4210 ASPEN, CO 81611 April 29, 2009 City of Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re~ Amendment to Moore Family PUD Development Guide Five Trees, Plat Book 45, Pages 81 - 89 TEL. 970-925-3475 Fnx 970-925-4754 The following draft amended language to the Moore Family PUD Development Guide is submitted for your review and acceptance. If you have any questions or need more information, please contact me. ARTICLE VIII BUILDING SETBACKS All development, including grading, shall be contained within the Building Envelopes, with the exception of grading necessary for driveways and driveway retaining walls, roads as depicted on the Detailed Submission grading plans, and berms, and landscaping in Open Space Area 9. In addition, certain improvements outside the designated building envelope may occur as provided herein. An Activity Envelope (AE) will be measured fifteen (15) feet from the foundation of the principal and accessory structures on each residential lot. Permitted activities within the AE may include: Approved landscaping (See Article XVII for landscaping requirements). and, Drainage features including drainage swales and drywells; and, Geo thermal wells; and, Trenching for utilities. Finally, an Interim Disturbance Area (IDA) is defined as an area that is disturbed to trench and install utilities from the street to the structures located within the Building Envelope. The IDAis limited in width to ten (10) feet and is required to be re-vegetated, once utilities are trenched and installed, with an approved landscaping plan. Any area of the IDA shall be landscaped with native vegetation that is approved as part of a landscape plan as outlined in Article XVII, Landscaping, of [his development guide. FIVETREES HOMEOWNER°°-S ASSOCIATION `~ d,.~ ARTICLE XVII LANDSCAPING 1. Landscaping shall substantially comply with the Moore Family PUD Detailed Landscaping Plan approved at Detailed Submission. 2. Grasses and wildflowers to be planted in common areas shall comply with the mix established on the Moore Family PUD Detailed Landscaping Plan. 3. Landscaping south of the Maroon Creek Flume shall be limited to the plant list set forth on Exhibit " K" attached hereto and made part hereof. 5. An approved landscaping plan shall be submitted with a development application, approved by the City Parks Department and the Five Trees Metropolitan District or other authority designated by the Home Owners Association, forlandscaping proposed within the Building Envelope and Activity Envelope (refer to Article VIII, Building SetbacksJ. 6. Property owners shall submit a landscaping plan for approval to re-vegetate areas that are within an Interim Disturbance Area that have been impacted from the construction of utilities (refer to Article VIII, Building Setbacks). Each plan fora propertymust be approved by the City Parks Department and the Five Trees Metropolitan District or other authority designated by the Home Owners Association. 7. Due to site limitations, property owners may be permitted to satisfy re-vegetation or tree replacement requirements as a part of an approved landscaping plan by locating plantings in open space areas within the subdivision with the approval of both the City Parks Department and the Five Trees Metropolitan District or other authority designated by the Home Owners Association. 8. Diseased or dead trees located outside of a Building or Activity Envelope may only be replaced with the approval of the City Parks Department as the intent of prohibiting landscaping outside of designated envelopes is to maintain a natural environment. FIVETREES HOMEOWNER°°-S ASSOCIATION m,, Thank you for your time, Regards, By ~- I~ James Korpela FiveTrees District anager Beach Resource Management _-..,, ... ,,~ h:\ftmd\0209 FiveTrees PUD Amendment 04-29-09.doc FIVETREES HOMEOWNER -S ASSOCIATION ~% ~ RECEIVED MAY O l 2009 ~:I I Y UY H5i'tN CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT Avreement for Payment of City of Aspen Development Auolication Fees CITY OF ASPEN (hereinafter C[TY) and F~ y •; T2F~ S M ETRo P o L i TY1N DI ST21 CT (hereinafter APPLICANT) AGREE AS FOLLOW S: 1. APPLICANT has submitted to CITY an application for AMEN~ME~T To MootLfc FA-na1~Y 'PUD DEV~LOPMr~NT C~UID~ (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted 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 accme 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. 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 Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid m 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 $ I ~ 682. ~`~ which is for ~3 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 menfioned 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 accmed costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN Chris Bendon Community Development Director APPLICANT B . e`-T D te: 1 MRY ~ q Billing Address and Terrlephone Number: -0133~Proc~leCr~'Dr R.d ~ S.,i-{2 ~121C~ F+S 1'EA1 GO pi I G 1 I fga®) °f2S- 3~I~S i.a ,~+~ ~..r '`/ ATTACHMENTS DIMENSIONAL REQUIREMENTS FORM Project: Applicant: Location: Zone District: Lot Size: Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for azeas within the high water mazk, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Number of residential units Number of bedrooms: Existing: Proposed: Existing: Proposed: Existing.• Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: Proposed: Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On-Site parking: Existing: Required: Proposed: Site coverage: Existing.• Required: Proposed: Open Space: Existing.• Required: Proposed: Front Setback: Existing.• Required: Proposed: Rear Setback: Existing.• Required: Proposed: Combined F/R: Existing: Required: Proposed.• Side Setback: Existing.• Required.• Proposed: Side Setback: Existing: Required.• Proposed: Combined Sides: Existing: Required.• Proposed: Distance Between Existing Required. Proposed: Buildings Existing non-conformities or encroachments: Variations requested: L d S ~ u v ~ s; d_e a cJ-~i v; ~ n .C ~P. S C,t ~ L.~v cl ~ .. QR 1 C .l ~ v I I I C~-n d ~/1 .~.,. CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 429-2759 DATE: 3/18/09 PROJECT: Moore Family PUD (Five Trees) REPRESENTATIVE: Gary Beach OWNER: Multiple individual owners TYPE OF APPLICATION: PUD Amendment (Other) DESCRIPTION: The Moore Family PUD was approved with a number of developable residential lots. As part of the PUD, these lots were provided individual building envelopes. Any development, including landscaping is required to be confined within the building envelope; however, there is a need to allow some landscaping, grading, and utilities to be located outside of the building envelope so appropriate drainage and plant spacing can be accommodated. Staff has recommended to the subdivision's representative that an amendment to the PUD's development guide can accommodate these provisions. Specifically, Article VIII, Building Setbacks, and Article XVII, Landscaping, are proposed to be amended within the "Moore family Planned Unit Development Guide." ~ This PUD Amendment is reviewed and approved by the Planning ~ and Zoning Commission at a public hearing. Land Use Code Sections 26.304 Common Development Review Procedures 26.445 Planned Unit Development 26.445.100 B. Other Amendment Review by: Staff for complete application Referral agencies for technical considerations if necessary Public Hearing: Yes at PS~Z review Planning Fees: $1,682.00 ($1,470.00 for 3 hours of staff time and parks referral = $212.00). Additional hourly billing beyond 3 hours is $245.00 per hour. Total Number of Application Copies: 12 Copies To apply, submit the following information: 1. Total Deposit for review of application. 2. Completed Land Use Application. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 4. Signed fee agreement. 5. Pre-application Conference Summary. 6. An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. 7. Proof of ownership/right to apply. This should include a letter of consent from the HOA to the application, as well as consent for representation by Beach Resource Management. 8. Plat of subdivision showing building envelopes. /'> ^~, w. ../ 9. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 10. List of adjacent property owners within 300' for public hearing. The GIS department car provide this list on mailing labels for a small fee. 920.5453 15. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. 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.