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HomeMy WebLinkAboutLand Use Case.946 S Mill St.0050.2010.ASLU THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0050.2010.ASLU PARCEL ID NUMBER a 110 r� g � ooq PROJECTS ADDRESS 946 S. MILL ST PLANNER SARA ADAMS CASE DESCRIPTION 8040 GREENLINE REVIEW REPRESENTATIVE JOHN GALAMBOS DATE OF FINAL ACTION 11.5.10 CLOSED BY ANGELA SCOREY ON: 11. 19.10 r 3 0050•20t0• As l_'_.l 4j E,k Edit Bnd wog* Fgm Repals Faplat It 1M i64iXi"143li ®:atei'ili/4 d ' 4 6A11d P1 : P9$.4Zcivr ill :At) 44th o .1i11 iii(9q)0a1 A ftflNI IFNA IF,es Man Was I AttENNN IFNAINd II Ian 104& Z Is'ans Ian 1 '.1RSpm Lard use i1v2010.A5W • SMLL ST a 2111 '� s $� 1 t, ; 1 4 .. T ! lad t ..z . . ...,. P n s S � C'4 t ....._......... „. ‘ s gas "`•1 rO8Lfl REVIEW. MNOR APPLICATION REVIEW * ":+� '. P P ' , }JOHN GALMEOS I. ait J tap 0: 19n92011 . � I OWN Cnn 3LJS "I Fri net l3Lt( 14FUSTON AVF SANFRANCISCO CA94129 kin ;415)7%3115 Adders Appltalt 0 OMR 2 apP 4 'aO 0 Ccsactaaeappicaet? tat we :mimeos maiTECTS ...I Fist num 1370 Aux 11 phone 970) 429.1286 NA t 73643 ...I A4464 ASPEN 0061611 Laden Last nn 1 Festnn Phone .) - Addess 04_44 1 02 l b -A,%.AX' 1 t 4.10 - (9° C a-el n St &4.);S- ,e, GR AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND F USE CODE { ADDRESS OF PROPERTY: 14 4 Soa r s Aspen, CO STATE OF COLORADO ) ) ss. County of Pitkin ) I 5 (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) or Section 26.306.010 (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. ignatur The foregoing "Affidavit of Notice" was acknowledged before me this (o day of Tip c, , 20QQ,by ,;. _ -: A WITNESS MY HAND AND OFFICIAL SEAL P IC NOTICE ' I Of DEVEL MENT APPROVAL My comm s of exp Notice a hereby given to the general public of and approval of a site- specific development plan, and the creation of a ted property right pursuant the Land Use Code ves of the City of Aspen antl suan Title - #2]3]- 1 62 -02 -208, g r. 24, Article 68, Colorado Revised Statutes, pertain - to i ng to the followin described property:, Parcel ID Notary Public Legally described as Parcel 8, Top of Mill Subdivision, aka 946 So Mll _ Q y, • City a d Zoning g C o County, Coloratlo. uth Th Street, . P lNo. O •� W :Y ��e 1 11 1 2! and so 20 , granted via Gr eolution N 1 o. 2e approval of t 0 all wrantea re-grading o Gremli8s Re- .•41/ 1 viewapproval retaining r wati an d lnParcel8 ,con- -- ..e..• / If struction are z walland use a pli The ATTACHMENTS• fi with he City depicted A ip the For use ap at on i • ci Sara Adofsst the City o Aspen Cmatio- j CORY J. contact Sara ent DepL the City of long St., Comma - tyDevelopment Dept, 130 S. Galena St., Aspen, 1 • GARSKE • cpmratle. ls]0)429 -2]. COPY OF THE PUBLICATION q City of gspen ,, y• Published in The Aspen Times on December 05, 2010. (5891106) 11 U P Ca. / My Commission Expires 05/0912012 DEVELOPMENT ORDER 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 (3) -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 the change is accomplished or a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site - specific development plan as described below. Property Owner's Name, Mailing Address and telephone number: Parcel 8, LLC, c /o/ JP Management LLC, 14 Funston Ave., San Francisco, CA, 94129. Telephone: 4 15-796-3115 Legal Description and Street Address of Subject Property: Parcel 8, Top of Mill Subdivision, Aspen, Colorado, also known as 946 South Mill Street. Written Description of the Site Specific Plan and /or Attachment Describing Plan: 8040 Greenline Review approval was granted by the Planning and Zoning Commission to permit re- grading of the site, landscaping and the construction of a retainingwall. Land Use Approval Received and Dates: Planning and Zoning Commission Resolution No. 21, Series of 2010. (approved on 11/16/2010) Effective Date of Development Order: November 28, 2010. (Same as date of publication of notice of approval.) Expiration Date of Development Order: November 28, 2013. (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 1 7 1h day of November 2010, by the City of Aspen Community Development Director. Chris Bendon Community Development Director City of Aspen AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROP RTY: 94 (o 5. t4dk 'P40 L 8 Of T0r OF MA Aspen, CO SCHEDULED PUBLIC HEARING DATE: itePA`I NO 'J-6N113 5V-- V , 300 2010 STATE OF COLORADO ) ) ss. County of Pitkin / Los.-,to 5 (7 hti 6 $. (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 2.1 day of () - 1:5 , ; OHO, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. I 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) 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. Signa, e The fore oing "Affidavit of Notice" was acknowled ed before me this q day of ),IP.m 20 b 2r , 'U �Jh PQ 10 /11 bos WITNESS MY HAND AND OFFICIAL SEAL ERLINDA M. MOREHEAD My commission expires: 11 /0 U t G 1 3 NOTARY PUBLIC �j STATE OF COLORADO C� ///1 My Commission Expires 11/04/2013 Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL i \ I • f i . 4 / t 1 • r ....,.,-;...,,,.,/ "'� ,t :111. . / -1--- . 1)f. • l 1 . It . ., ., :/ ' ..i.?' ' ' .. -44 ; li , . l .... r,, ' r .,.- Y '. '(. eV R 111 • ►yi i • j ; N. "f ' 6 T �+ 1 d Wiz"' -, . , I • • • r , • i ♦,am , . j , s„ 444 .(, ; , t • , ____ ____... f- { y i ' S. r ,p, ; ch , --,,,,.,<<.k .- ,.s- ., ---s.;� . .... , (A' 1 i lid • t 7 v. f i .1.," r . . et 0 • "" ' .61,.., . , tar- Ow 4 w lc ,„,. • ,.,. ....... , •{ ' ,„•k, . „ ,,, t:, 0 0 ... I., ., • V S Z I N ' • • ',... t k :IL , S ..... N ''''', 4 4 V ,..„ ' ''••■:. •,,, Vt. iii % . ' ‘t. , .... *'.. ' , . . ,. , i. `t '‘, VS' 1 1: 4 ' ti• ' r . ......1 -.. . . , ,.. .: . 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' ..„„..,..6.--- "" ,,,,. • , 9 PT , \ , , ' ........4... • . . ‘ . • • , _ -- . , . _ i' ..wralia-sommar . • - 40 0111111111 1 IN iii ipW 14147 _ ., • - ...as. k . -••-•••--.....:-..,... ■ r - - ---....- ". • --, : --us. - PUBLIC NOTICE . , ..... , . _ DATE TUESDAY, NOVEMBER 16TH 2010 -,.... _ TIME 430 PM SISTER CITIES, CITY HALL PLACE :DS, CALERA ST ASPEN - ..h. .- PURPOSE PARCEL 8 TOP OF Mill. PUD : . -, , -- 8040 GREUILINE REVIEW, FOR FOR LANDSCAPING AND A RETANING WALL PLANNED FOR - _ ... _ PARCEL 8 OF THE TOP OF MILL SUBDIVISION / PUD THE WT IS VACANT BUT 946 S MILI. HAS BEEN SELECTED FR ADDRESS. PaCEL „ t PROPERTY'S sr4iipm. - , 03718202208 . / • ,..:- ..., • - ,- _. - ..,... , - " • •.. . , A ,. '-'. .'-... ■ , . .. .Z.' ,. ... e • O '. ■.• 4 • . , . • . • a , ° r Meghan Nemechek From: Sara Adams [Sara.Adams @ci.aspen.co.us] Sent: Monday, November 01, 2010 11:17 AM To: Meghan Nemechek Cc: John Galambos Subject: RE: PARCEL 8 TOP OF MILL PUD, 8040 GREENLINE REVIEW Attachments: Affidavit of Public Notice.doc Thanks Meghan. You need to print a photograph of the poster to attached to the public notice affidavit (along with a copy of the neighbors that received notice). Please bring the signed and notarized affidavit and attachments to the public hearing on the 16th. Thanks! Sara Sara Adams. Senior Planner. City of Aspen.130 South Galena Street. Aspen, CO 81611 tele. 9701429.2778 fax. 9701920.5439 www.aspenhistoricpreservation.com Original Message From: Meghan Nemechek [ mailto: mnemechek @galambosarchitects.net] Sent: Monday, November 01, 2010 9:42 AM To: Sara Adams Cc: John Galambos Subject: PARCEL 8 TOP OF MILL PUD, 8040 GREENLINE REVIEW Sara - See attached photo of the Public Notice sign posted on Friday, October 29, 2010 for: PARCEL 8 TOP OF MILL PUD, 8040 GREENLINE REVIEW Please confirm receipt of this e-mail. Thank you! - Meghan Meghan Nemechek Galambos Architects, Inc. 314 AABC, Suite D Aspen, CO 81611 Tel: 970.429.1286 Fax: 970.429.1296 Web: www.galambosarchitects.net 1 Easy Peel® Labels 1 • 1 Bend along line to 1 0 AVERY® 5160® Use Avery® Template 5160® 1 Feed Paper expose Pop -Up Edge". i 1 SUMMIT PLACE CONDOS TOP OF MILL INVESTMENTS LLC TOP OF MILL INVESTORS LLC C/O PETER S HEARST 3245 ELLA LEE LN PO BOX S 747 S GALENA ST HOUSTON, TX 77019 ASPEN, CO 81612 -7420 ASPEN, CO 81611 TOP OF MILL LLC TOP OF MILL MASTER ASSOC TOP OF MILL TH HOA 211 NORTH STADIUM #201 CIO FRIAS PROPERTIES 1000 S MILL ST COLUMBIA, MO 65203 730 E DURANT ASPEN, CO 81611 -3800 ASPEN, CO 81611 TYLER SANDRA SCOTT TRUST VELMAR A COLORADO CORP WAPITI RUNNING LLC 2190 ALISOS DR 400 E MAIN ST PO BOX 1003 SANTA BARBARA, CA 93108 ASPEN, CO 81611 ASPEN, CO 81612 WARGASKI ROBERT E TRUST WEISS AUSTIN R & REBECCA L WENDROW NADENE 50% 30353 N DOWELL RD 922 S MILL ST #1 (A) 425 N FEDERAL HWY MCHENRY, IL 60050 ASPEN, CO 81611 HALLANDALE, FL 33009 WHEELER CONNIE CHRISTINE WISEMAN ROBERT TENNANT ZUCKER HOWARD B & DEBRA L BRISTOL MEDICAL BUILDING 449 MOUNTAIN LAUREL DR #2 107 S MCINTYRE WAY 305E 55TH ST #202 ASPEN, CO 81611 GOLDEN, CO 80401 NEW YORK, NY 10022 -4148 Etiquettes faciles a peter 1 • Repliez a la hachure afin de i www.avery.com Utilisez le gabarit AVERY 5160® Sens de reveler le rebord Pop -UpTM 1 1- 800 -GO -AVERY ' 1 9 l charaement J Easy Peel® Labels i • Bend along line to 1 CA AVERY® 5160® Use Avery® Template 5160® ler' - ^^. Feed Paper expose Pop -Up EdgeTM j NAKAGWA MICHAEL F NARDI STEPHEN J LIVING TRUST 50% NOREN LARA L & STEPHEN C AGUILERA DENINE 414 N ORLEANS STE 310 11211 FONTHILL DR 922 S MILL ST #3 (C) CHICAGO, IL 60610 INDIANAPOLIS, IN 46236 -8630 ASPEN, CO 81611 OLSON PAUL S & DIANE C ONEILL ROGER PARCEL 4 TOP OF MILL LLC PO BOX 2936 PO BOX 711 PO BOX 989 BRECKENRIDGE, CO 80424 LAKE GENEVA, WI 53147 -3579 COUNCIL BLUFFS, IA 51502 PETROVICH NICK D POLLOCK WILLIAM HARRISON REARDON DIANA PETROVICH ROSA DEL CARMEN 5340 CORAL AVE PO BOX XX FERNANDEZ CAPE CORAL, FL 33904 ASPEN, CO 81612 0/0 FRIAS PROP OA ASPEN -730 E DURANT AVE ASPEN, CO 81611 -2072 ROANOKE INVESTORS LP ROARING FORK PROPRIETARY LLC ROBERT FAMILY TRUST 109 CLUB CREEK CT 2519E 21ST ST 771 FERST DR PO BOX 17 TULSA, OK 74114 ATLANTA, GA 30332 -0245 ST ALBANS, MO 63073 ROTMAN KENNETH B RUNAMOK LLC RUPERT INVESTMENTS LP 22 ST CLAIR AVE EAST #1700 1647 E MAPLEWOOD AVE 150 N MARKET TORONTO ONTARIO CANADA M4T 253, CENTENNIAL, CO 80121 WICHITA, KS 67202 RUTKOWSKI AMY S C JOHNSON AND SON INC SANS SOUCI ASPEN LLC 922 S MILL ST #4D TAX DEPT 412 10463 LA REINA RD ASPEN, CO 81611 1525 HOWE ST DEL RAY BEACH, FL 33446 RACINE, WI 53403 SCHAINUCK LEWIS I & MICHELLE T SCHALDACH NANCY REV TRUST SCHIFFMAN ROBIN 2900 OCEAN BLVD 785 UTE COURT 700 MONARCH ST #103 CORONA DE MAR, CA 92625 ASPEN, CO 81611 ASPEN, CO 81611 SCHIMBERG FAM TRUST SHINE FAMILY LLC SIMON HERBERT REV TRUST HENRY SCHIMBERG 8677 LOGO 7 COURT 8765 PINE RIDGE DR 514 LAS FUENTES DR INDIANAPOLIS, IN 46219 -1430 INDIANAPOLIS, IN 46260 -1778 SANTA BARBARA, CA 93108 SMITH CARLETON K SMITH FREDERICK P & ESTHER B SOL HOLDINGS LLC CO MCVICKER JULIET 5454 WISCONSIN AVE #1300 800 S MILL ST PO BOX 567 BETHESDA, MD 20816 ASPEN, CO 81611 MIDDLEBURY, VT 05753 STANTON JAMES STRAWBRIDGE GEORGE JR STUART FAMILY TRUST C/O WORLD -WIDE HOLDINGS CORP 3801 KENNETT PKE BLDG #B -100 1 CASTLEWOOD CT 950 THIRD AVE 18TH FL WILMINGTON, DE 19807 NASHVILLE, TN 37215 -4617 NEW YORK, NY 10022 Etiquettes faciles a peler 1 Repliez a la hachure afin de ; www.avery.com ® ® Sens de r eveler le rebord Po U TM 1- 800 -GO -AVERY j Utilisez le qabarit AVERY 5160 haens ent P P 1 1 Easy Peel® Labels 1 • Bend along i . O 5160® '� Feed Pa er ex ose Po U line to Ed eTM ; AVERY® 5160® A Use Avery" Template 5160 }!` p p p" p 9 } �'"'` 1 I FREEDMAN MICHAEL W & NANCI FRIEDKIN THOMAS H & SUSAN J GETTEL JAMES C 32460 EVERGREEN RD PO BOX 1116 30 LIGHTHOUSE PT DR FRANKLIN, MI 48025 RANCHO SANTA FE, CA 95067 LONGBOAT KEY, FL 34228 GM & MJ PROPERTIES LLC GOERES NANCY GOLAY FRANK H JR & INGA M 1900 MYRTLE ISLAND DR 826 SAVANNAH AVE C/0 SULLIVAN & CROMWELL LLP LAS VEGAS, NV 89106 PITTSBURGH, PA 15221 1888 CENTURY PARK EAST #2100 LOS ANGELES, CA 90007 GOODMAN MARK GUEST KELLEY & CATHERINE HALL THOMAS L PERS INCOME & ASSET 700 MONARCH ST #103 PO BOX 5578 TRUST ASPEN, CO 81611 CARMEL, CA 93921 15145 PAWNEE CIRCLE LEAWOOD, KS 66224 HARDEN SHEILA H REV TRUST HEARST BARBARA BIRCH REV TRUST HIBBERD LORNA W FAMILY TRUST 8111 CAMINITO MALLORCA 131 TREASURE HILL RD 310 PLUM ST LA JOLLA, CA 92037 SOUTH KENT, CT 06785 W BARNSTABLE, MA 02668 HILLMAN RICHARD HAYES TRUST IMESON PATRICK IRVINE JOHN ALASTAIR 13562 D ESTE DR BARRENA VICTORIA CP 2097 140 RUA ALVA PACIFIC PALISADES, CA 90272 PO BOX 2720 PARQUE ATLANTICO QUINTA DO LAGO ASPEN, CO 81612 ALMANCIL 8135 -024 PORTUGAL, JP INTERESTS LLC JAMES FAMILY TRUST KWEI THOMAS TRUST C/O LOCKE LIDDELL & SAPP LLP 1 CASTLEWOOD CT 75 CAMBRIDGE PKWY PH8 NASHVILLE, TN 37215 -4617 301 COMMERCE ST STE 3300 CAMBRIDGE, MA 02142 FORT WORTH, TX 76102 LIBMAN KENNETH J LKGCO LLC LLOYD DAVID ASSOC 800 5 MONARCH ST #2 2100 WOODSTOCK RD CAVALIERS CT ASPEN, CO 81611 GATES MILLS, OH 44040 OXSHOTT ROAD LEATHERHEAD SURREY ENGLAND KT220BZ, CORING IAN & ISABELLE M & W LLC MATZORKIS NICHOLAS J & SUSAN P C/0 BAIN CAPITAL LLC 3092 EDISON CT 23356 MALIBU COLONY RD 111 HUNTINGTON AVE BOULDER, CO 80301 MALIBU, CA 90265 BOSTON, MA 02199 MAURER MICHAEL S QPRT MAYER ROBERT G MCVICKER JULIET 11550 N MERIDIAN ST #115 350 SE 28TH AVE PO BOX 567 CARMEL, IN 46032 POMPANO BEACH, FL 33062 MIDDLEDURY, VT 05753 MEHRA RAMESH TRUSTEE MOSTELLER DAVID MURCHISON ANNE A TRUST 3115 WHITE EAGLE DR 2601 S QUEBEC ST #6 PO BOX 8968 NAPERVILLE, IL 60564 DENVER, CO 80231 -6039 ASPEN, CO 81612 Etiquettes faciles a peter 1 1 Repliez a la hachure afin de www.avery.com Utilisez le aabarit AVERY 5160 I r h Sens de reveler le rebord Pop-UpTM ' 1 - 800 - - AVERY 1 Easy Peel® Labels 1 • IMMO Bend along ® ® ® ® - feed Paper expose Pop line to Edge" AV 516o® i Use Avery Template 5160 j F� P P P - P 9 j ' - ' j 5TH AVE 106 LLC 911 SOUTH MILL ST LLC ANDERSON BRUCE J 0/0 CRAIG COHN 0/0 FRIAS PROP TOMC 700 S MONARCH #207 PO BOX 394 730 E DURANT ASPEN, CO 81611 -1854 VAIL, CO 81658 ASPEN, CO 81611 APRIL FAMILY TRUST ASPEN SHAW PROPERTIES LLC ASPEN SKIING COMPANY LLC 3501 S 154TH ST PO BOX 61347 PO BOX 1248 WICHITA, KS 67232 -9426 DENVER, CO 80206 ASPEN, CO 81612 ASPENITALL LLC BENNETT WOOD INTERESTS LTD BILLINGSLEY FAMILY LP 3755 NE 214TH ST PO DRAWER 1011 1206 N WALTON BLVD AVENTURA,FL 33180 REFUGIO, TX 78377 BENTONVILLE, AR 72712 BLEILER JUDITH A BORNEMAN BRADLEY A BRIDGE TIM PO BOX 10220 LOUGHEAD EDWARD 303 BROADWAY # 104 -126 ASPEN, CO 81612 PO BOX 552 LAGUNA BEACH, CA 92691 BOYERTOWN, PA 19512 CADER ANDREW CAMPBELL ROBERT T 50% CANAS HUGO 0/0 STIRLING HOMES 700 MONARCH #204 922 S MILL ST #2B 600 E MAIN ST #102 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 CHILDS INVESTMENT COMPANY CITY OF ASPEN CJW ASPEN LLC 0284 CR 102 ATTN FINANCE DEPT 2572 NE MILDRED ST CARBONDALE, CO 81623 130 S GALENA ST JENSEN BEACH, FL 34957 ASPEN, CO 81611 CWALT INC TRUST DAYBREAK ASPEN LLC DESTINATION HOLDINGS FIFTH AVE LLC 400 COUNTRYW IDE WY 22 PERKINS RD 333 RIVER VALLEY RANCH DR SIMI VALLEY, CA 93065 GREENWICH, CT 06830 CARBONDALE, CO 81623 EAST JAMES COLLIER TRUSTEE ELLERSTEIN DAVID ERICKSON CLAIRE L & BETTY LOU FLP 2 LONGFELLOW LN PO BOX 552 1231 INDUSTRIAL RD LITTLE ROCK, AR 72207 BOYERTOWN, PA 19512 HUDSON, WI 54016 ETKIN DOUGLAS M & JUDITH G FAGIEN DEBRA FALRIDGE LTD 29100 NORTHWESTERN HIGHWAY, STE 18620 LONG LAKE DR 0/0 OATES KNEZEVICH & 200 GARDENSWARTZ BOCA RATON, FL 33496 SOUTHFIELD, MI 48034 533 E HOPKINS AVE ASPEN, CO 81611 FINKLE ARTHUR A & AMELIA FORD WARWICK S & NOLA M FORT BERNARDO & LAURINDA SPEAR 2100 PONCE DELEON BLVD #901 700 S MONARCH ST #203 3315 DEVON CT CORAL GABLES, FL 33134 ASPEN, CO 81611 COCONUT GROVE, FL 33133 Etiquettes faciles a peler i • Repliez A la hachure a de i www.avery.com i e.mes.. In ..n4.nA+ evcpv® Rigel ! L Sens de_ reveler le rebord Pop -UP" ; 1- 800 -GO -AVERY 1 O AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: TO OF P'1; W , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 17:... . . w` . • _ ..... , 204 (7 STATE OF COLORADO ) ) ss. County of Pitkin ) t" "" ` (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) on 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 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) 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. �tue The foregoing "Affidavit of Notice" was acknowledged before me this I day of_lI / V ,20f 0 ,by e.._ - — • PUBLIC NOTICE RE: PARCEL 8 TOP OF MILL PUD, 8040GREENLINE REVIEW. _..... _ �Q V P �. [[..,, WITNESS MY HAND AND OFFICIAL SEAL NOTICE 00Tuea 16 1 , 2 010 a % •( 1 1 will be on Tuesday November 16th, 2010 at a a •• • . I meeti begin at 4:30 p.m. before the Planning �.• . F , and Z r g Commission, Sister Cities, City Hall. • n G I % I Mys ommission expires: 1-b,A i \ aPlui 130 S slam St., Aspen, to consider an . • � applica n requesting 8040 Greenling Review for : .... Ifj, h4 • • Pacel8o Mill SUEdvsiopn lPUD.dThe e. •.r ,,MNu : 1 /, lot is vacant, but 946 S. Mill has been selected for i � . 4.1 4,1 r t s p c a ub j et p address. roperrt 2 71 6 o bc The of 7 .• I '� - I otary Public Inc., ppl, 314 ABC, , Aspen, CO b 81611, on behalf Ah t 31D B, Asp, 8111, un of . �� Ave., a,nc Maegem4 14 s N i ,,����� Ave., S an LLC Francisc CA 9 1 ally LLC, The described a t pp erty 0e revie leggally ibed as 'mission Expires 0312912014 ubtl un Top r of Mill w Parc is el 8. For further information, contact Sara Adams at the City of Aspen Community Development Depart- ment, 130 S. Galena St., Aspen CO 81611, (970) 429 aam adam4•ca4oen pp as e Zoning ATTACHMENTS AS APPLICABLE: o n Gihair Planning and agg char THE PUBLICATION Published in the Aspen Times Weekly on October 31st, 2010. [57490641 a save vva ?APH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24- 65.5 -103.3 61 Y3E5 • MEMORANDUM TO: Planning and Zoning Commission THRU: Jennifer Phelan, Community Development Deputy Director FROM: Sara Adams, Senior Planner RE: Top of Mill Subdivision, Parcel 8, 8040 Greenline Review, Resolution No. _ , Series of 2010 — Public Hearing DATE: November 16, 2010 APPLICANT /OWNER: STAFF RECOMMENDATION: Parcel 8, LLC Staff recommends the Planning and Zoning Commission grant 8040 Greenline review approval. REPRESENTATIVE: John Galambos of Galambos SUMMARY: Architects Inc., 314D AABC, The Applicant requests the Planning and Zoning Aspen, CO 81611. Commission approve the 8040 Greenline Review to permit landscaping and grading of Parcel 8, Top of LOCATION: Mill. Parcel 8, Top of Mill Subdivision, City and Townsite, • of Aspen, CO, commonly known ?. 1 ;" ' _ as 946 S. Mill Street. 4c,_ ^. .., CURRENT ZONING & USE L, Lodge with a Planned Unit � ,', Development Overlay (PUD), .'' t • Top of Mill Subdivision. The lot J is currently vacant and not landscaped. Note: the property is !F - :,� ? �!►' ' / +,�► entitled to develop a single t �` 1 �' Ar '.. family residence. _ r Aerial image of the subject property PROPOSED LAND USE: A vacant landscaped lot with a retaining wall. Re- grading of the site is also proposed. Staff memo, 8040 Greenline Review 946 South Mill Street, Parcel 8 Top of Mill Page 1 of 3 REVIEW PROCEDURE: Pursuant to Section 26.435.C, the Planning and Zoning Commission may approve, approve with conditions, or deny an "8040 Greenline Review." The Planning and Zoning Commission is the final review authority. BACKGROUND: "8040 Greenline Review" is triggered by any development at or 150 feet below 8,040 feet in elevation. The Land Use Code defines "development as "the use or alteration of land or land uses and improvements inclusive of, but not limited to: ...2) ...the construction, erection, alteration or demolition of building or structures; or 3) the grading, excavation, clearing of land or the deposit or fill in preparation or anticipation of future development, but excluding landscaping." The applicant proposes to re -grade the site and construct a retaining wall, which the Land Use Code recognizes as a structure. The Community Development Department determined that both the construction of a structure and the re- grading of the site required an "8040 Greenline Review." Ordinance No. 7, Series 2002, approved the Top of Mill Subdivision and set forth that all of the single - family residences to be constructed within the subdivision shall be required to obtain "8040 Greenline Review" approval prior to applying for a building permit. Ordinance No. 7 granted approval of the subdivision's compliance with nine of the eleven "8040 Greenline Review" requirements. The remaining two requirements, items 3 and 7 of Land Use Code Section 26.435.030.C, must be approved by the Planning and Zoning Commission for compliance for each individual residence design. Both Parcels 7 and 8 of the Top of Mill Subdivision are under the same ownership. To date, Parcel 8 has been used for construction staging for Parcel 7. The applicant requests approval to landscape Parcel 8 which includes: re- grading to slightly flatten the lot, the construction of a retaining wall proposed to be clad with stone, and the addition of aspen trees and native grasses. There are no proposed buildings on the site: the applicant intends to use the subject parcel as a lawn for the residence located on the adjacent Parcel 7. STAFF COMMENTS: The purpose of the "8040 Greenline Review" is to "reduce impacts on the natural watershed and surface runoff, minimize air pollution, reduce the potential for avalanche, unstable slope, rock fall and mud slide and ... that disturbance to existing terrain and natural land features be kept to a minimum." Staff finds that the proposed grading, retaining wall and landscaping are minimal impacts to the existing terrain and that the proposed retaining wall material and design will blend in with the open character of the mountain. Staff finds that the review criteria, attached as Exhibit A, are met. REFERRAL COMMENTS: The Engineering Department reviewed the application and found it compliant with the Top of Mill Subdivision PUD Grading and Drainage Plan. The Parks Department did not Staff memo, 8040 Greenline Review 946 South Mill Street, Parcel 8 Top of Mill Page 2 of 3 4 r have any comments. The application is required to meet all applicable building permit requirements, including a Construction Management Plan if more than 400 square feet of soil is disturbed. RECOMMENDATION: Staff finds that the proposal blends into the open mountain character, greatly improves the current condition of the lot and meets the applicable criteria for "8040 Greenline Review." Staff recommends that the Planning and Zoning Commission grant "8040 Greenline Review" approval. RECOMMENDED MOTION: "I move to approve Resolution No. _ , Series of 2010, approving an "8040 Greenline Review." ATTACHMENTS: Exhibit A - 8040 Greenline Review and Staff Findings Exhibit B - Photographs of current condition Exhibit C - Application Staff memo, 8040 Greenline Review 946 South Mill Street, Parcel 8 Top of Mill Page 3 of 3 a,. Resolution # (Series of 2010) RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING AN 8040 GREENLINE REVIEW FOR THE TOP OF MILL SITE, PARCEL 8 OF THE TOP OF MILL SUBDIVISION, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO PARCEL NO. 2737 - 182 -02 -208 WHEREAS, the Community Development Department received an application from Parcel 8, LLC, represented by John Galambos of Galambos Architects Inc., for an "8040 Greenline Review" for the property located at Lot 8, Top of Mill Subdivision/ PUD, commonly known as 946 South Mill Street; and, WHEREAS, the subject property is zoned Lodge (L) with a PUD Overlay; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval, of the land use request; and, WHERAS, pursuant to City Council Ordinance No. 7, Series of 2002, Section 2, Number 17, the subject property is required to respond to only review standards 26.435.040.0 (3) and 26.435.040.0 (7) regarding 8040 Greenline Review, thereby precluding any further review of 8040 Greenline Review Standards 26.435.040.0 (1, 2, 4, 5, 6, 8, 9, 10, 11); and, WHEREAS, during a duly noticed public hearing on November 16, 2010 the Planning and Zoning Commission approved Resolution No. , Series of 2010, by a vote, approving an "8040 Greenline Review. "; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves an "8040 Greenline Review" for the property located at the Top of Mill site, Parcel 8 of the Top of Mill Subdivision, City and Townsite of Aspen, Pitkin County, Colorado. P &Z. Resolution No. _ Series of 2010 946 S. Mill Street, Parcel 8 of the Top of Mill Subdivision Section 2: 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. Section3: 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 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 this /4" day of November 2010. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: James R. True, Special Counsel Stan Gibbs, Chairman ATTEST: Jackie Lothian, Deputy City Clerk Exhibit A: Approved site plan. P &Z Resolution No. Series of 2010 946 S. Mill Street, Parcel 8 of the Top of Mill Subdivision vt. 1a H tr , I ittlik I ail l '+� \i\i Alor 40,444etii‘ \\\\‘ ,sto f ey,•. . s ,_ `\I \ n . L . ` I 0. \ - 1 ;s (7_ y 1' JCL —� n 9Y> F y E 3 El li e P P •. jir 4 r_r; 1 :7 i • • m ; i ai i m , t , , i 1 i i 1 1 , ,L CP / . > i 7p iSG'o g y 99 II�il_. > ti 1 P ff f� lf p i�iRttl�fl hl =it!i s 'l °` F's i E f€ k f miff I i f f g I F € : f' G ^a 6 f.', e s. 2 EXHIBIT A Section 26.435.030. Greenline Review: According to Section 26.435.030 of the Land Use Code, no development shall be permitted at, above, or one hundred fifty feet below the 8040 Greenline unless the Planning and Zoning Commission makes a determination that the proposed development complies with all requirements set below. The property is located in the Aspen Mountain Subdivision PUD. Ordinance No. 7, Series 2002, approved the Top of Mill Subdivision and set forth that all of the single - family residences to be constructed within the subdivision shall be required to obtain 8040 Greenline Review approval prior to applying for a building permit. Ordinance No. 7 granted approval of the subdivision's compliance with nine of the eleven 8040 Greenline requirements. The remaining two requirements, items 3 and 7, must be approved by the Planning and Zoning Commission for compliance for each individual residence design. 3. The proposed development does not have a significant adverse affect on the air quality in the city. STAFF COMMENT: Staff finds that the proposed re- grading, retaining wall and landscaping do not have a significant adverse affect on the air quality in the city. This criterion is met. 7. Building height and bulk will be minimized and the structure will be designed to blend into the open character of the mountain. STAFF COMMENT: There are no proposed buildings on the site. Staff finds that the proposed Aspen trees and native grasses are consistent with the natural landscape and open character of the mountain. The retaining wall (which qualifies as a structure) is proposed to be clad with a stone similar to the existing residence on the adjacent lot. The existing grade is proposed to be flattened in the middle of the lot to presumably create a more useable open space. Staff finds that the proposal is minimal in height and bulk considering its function, blends into the open character of the mountain, and greatly improves the current condition of the vacant lot. Staff finds this criterion to be met. Exhibit A 8040 Greenline Review Standards Page 1 of 1 ... . .... ,_... w , .. • ,.. . 7 .., . , i 1 : - • 1/1, , r . .- - -.- ,Y • ..)- , "/"")- -A r- - - - .. - . -. ---- -,,- .--, • AI / , l ` - ---........, , i • • • • ...1' . , pi '... ■ ' ,... -• . 4.. . • Ilk . , ....,,, . ,- 4001111111.P41/046 :;--- . , ., ,.. .,.., V ' jg — ic.:- ..2; .. ,. ,. ' ! VP , . • llf , i ..,.. - -.1 -- - % - , • -..-- - —40,111L. ,_ . _ - s - 4, .. _.., 4144 I ..... . . • .. I I) ,..-^ f.. 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Cti'Ll • • 1--' • . • . • • . . .9 ,-- ku 08 1 (11 ' / ? .f . / : ' 6 V.A i , • . . . . . . .... •'. . -I., . . . . . ... . • • • ..:: :::::: .... •.•:. ....... ........,.... y . .' • . • ' . _.... . lu • i i i n w`t to tt o 1 1 O o Wit-, v 1- v. 0 — o qN - .A LiaTir;4 � cU 0 l: Z L 7 . / i 4 Z I 0 / / 1 (iii a. O A / O / ( ti / c / F 1 ' a a i fi c ,,' i i I r I r 1 raw ti p N s w 'J • • I �� SIIIP ANINO r " NOM _ r C LEI ° J C I l I O 0 1 I J 1 1 1 � , 1 I 1 I W 1 � I � p 1 � I 1 .1 1 I l I c 1 1 - 3M1 1 a 04i . 3g Sara Adams From: Larry Doble Sent: Monday, November 08, 2010 10:24 AM To: Sara Adams; Tricia Aragon Subject: RE: 8040 greenline review - top of mill Sara, The submission is compliant with the Top of Mill Subdivision PUD Grading and Drainage plan, dated 8 -7 -02. Larry Lawrence A. Doble, P.E., CFM Senior Development Engineer Engineering Department City of Aspen 970 - 429 -2750 office 970 -920- 5440 fax larry.doble@ci.aspen.co.us From: Sara Adams Sent: Monday, November 08, 2010 10:20 AM To: Tricia Aragon; Larry Doble Subject: 8040 greenline review - top of mill Hi Trish and Larry, Thanks for reviewing the grading /landscape 8040 greenline application for parcel 8, top of mill. Do you mind sending me a quick email saying that you reviewed it and do not have any comments? I want to include it in the P &Z memo. Thanks and I hope that you had a nice weekend! Sara Sara Adams Senior Planner www.aspenhistoricpreservation.com 1 C ; 1 a Sara Adams From: Brian Flynn Sent: Tuesday, November 09, 2010 10:35 AM To: Sara Adams; Chris Forman Subject: RE: top of mill lot 8 Sara, is this the guy who bought the empty lot to build a yard? If so, we are cool with most of the proposed. Is there anything that is standing out as a point of concern which we may have missed. Brian FIN nn Open Spare and Special Projncl, Manager (1 (1')970 -920 -5128 t A SP EN R From: Sara Adams Sent: Tuesday, November 09, 2010 10:22 AM To: Brian Flynn; Chris Forman Subject: top of mill lot 8 Hi Brian and Chris, I attached a few drawings for a proposal on lot 8, top of mill. The lot is currently vacant and the owner (who also wants to landscape it and add a retaining wall. If you have a chance, please check it out and see what you think. They are proposing aspen trees and native grasses, and some slight re- grading. This has to go to P &Z for an 8040 greenline review next week. Thanks, Sara Sara Adams. Senior Planner. k5 - ax < •.i t)': www.aspenhistoricpreservation.com 1 PARCEL 8, TOP OF MILL SUBDIVISION / PUD 8040 GREENLINE REVIEW APPLICATION AN APPLICATION FOR 8040 GREENLINE REVIEW FOR PARCEL 5, TOP OF MILL SUBDIVISSTION /PUD Submitted By: PARCEL 8 LLC September 10, 2010 Prepared by: Galambos Architects Inc. 314 -D ABC Aspen, CO 81611 (970) 429.1286 PROJECT CONSULTANTS ARCHITECT The Office of Thierry W. Despont 10 Harrison Street New York, NY 10013 ARCHITECT OF RECORD Galambos Architects Inc. 314 -D ABC Aspen, CO 81611 CIVIL ENGINEER Schmueser Gordon Meyer Engineers and Surveyors 118 W 6` St. Suite 200 Glenwood Springs, CO 81601 STRUCTURAL ENGINEER KPFF Consulting Engineers 1601 Fifth Avenue, Sutie 1600 Seattle, WA 98101 SURVEYOR Schmueser Gordon Meyer Engineers and Surveyors 118 W 6` St. Suite 200 Glenwood Springs, CO 81601 TABLE OF CONTENTS Pre - application Conference Summary Authorization Letter from Applicant Title Certificate Site Plan Land Use Application and Signed Fee Agreement Vicinity Map 12 copies of Land Use Application Written Description Proposed Elevations Accurate Elevations (to mean sea level) Proposed Construction Techniques Plan with Existing and Proposed Grades Exterior Lighting Plan (not applicable) CITY OF ASPEN PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Drew Alexander, 970.429.2739 DATE: 9/9/10 PROJECT: 946 South Mill, Parcel 8 REPRESENTATIVE: John Galambos, 970.429.1286 OWNER: Parcel 8 LLC TYPE OF APPLICATION: 8040 Greenline ESA DESCRIPTION: The owner of Parcel 8 Top of Mill Subdivision /PUD has proposed to landscape and grade the lot. This property is currently addressed with 946 S. Mill. The ownership includes the adjacent lot (to the south), 944 S. Mill, which has a completed single - family residence. The scope -of -work includes grading the site to establish more level conditions. Vegetative landscaping and a retaining wall are also planned, but the grading of the land is what triggers the 8040 Greenline Review. The Top of Mill Subdivision /PUD received approval for nine of the eleven 8040 Greenline criteria. The only criteria applicable for new development are numbers 3 and 7, which are Air Quality and Mountain Character respectively. 8040 Greenline Review is handled by the Planning and Zoning Commission. Community Development Staff is not recommending a referral for this application. Public noticing is required. Below is a link to the Land Use Code and Land Use Application for your convenience. Land Use Code: http: / /www. aspenpitkin. com/ Departments /Community- Development/Planninq- and- Zoninq/Title -26- Land -Use- Code/ Land Use Application: http: / /www.aspenpitkin.com /Portals /0 /docs /Citv /Comdev/ Apps %20and %20Fees /landuseappform. pdf Land Use Code Sectionfsl 26.304 Common Development Review Procedures 26.435.030 8040 Greenline Review Review by: Community Development Staff for complete application Planning and Zoning Commission for 8040 Greenline Public Hearing: Required Planning Fees: $1470 for a Minor Application Review. This includes six (6) hours of staff review time. Additional time over six (6) hours will be billed at $245 per hour Referral Fees: None Total Deposit: $1,470 Total Number of Application Copies: 12 Copies Includes appropriate drawing for board review (HPC = 12; PZ = 10; CC = 7; Referral Agencies = 1 /ea.; Planning Staff = 2) To apply, submit the following information 0 Total Deposit for review of application. 0 Pre - application Conference Summary. 0 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. 0 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 attomey 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. 0 A site plan depicting the proposed layout and the project's physical relationship to the land and its surroundings. 0 Completed Land Use application and signed fee agreement. 0 An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. 0 Twelve copies of the Land Use Application and all additional letters, maps, and agreements. 0 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 0 Proposed elevations of the development Accurate elevations (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures; a verification and recordation of the actual elevation in relation to mean sea level to which any structure is constructed; a demonstration that all new construction or substantial improvements will be anchored to prevent flotation, collapse or lateral movement of any structure to be constructed or improved; a demonstation that the structure will have the lowerst floor, including basement, elevated to at least two (2) feet above the base flood elevation, all as certified by a registered professional engineer or architect. A description of proposed construction techniques to be used. 0 Plan with Existing and proposed grades at two -foot contours, with five -foot intervals for grades over ten (10) percent. 0 As applicable, an exterior lighting plan showing location, height, type and luminous intensity of each above grade fixture. 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. September 10, 2010 City of Aspen Community Development Department 130 S. Galena Street Aspen, Co 81611 I, Billie Ellis, Authorized Agent of Parcel 8, LLC, the owner of the property located at 946 S. Mill Street (Parcel 8, Top of Mill) authorize John Galambos of Galambos Architects Inc, to act on my behalf related to the City of Aspen's required 8040 Greenline Review Land Use Approval. Applicant's address is the following: JP management LLC 14 Funston Avenue San Francisco, CA 94129 (415) 796 -3115 Representative's address is the following: Galambos Architects Inc, 314D AABC, Aspen, CO 81611 (970) 429-1286 Thank You, Billie Ellis Authorized Agent of Par , LLC c lt o RECEPTIONS: 556172, 02/09/2009 at 11:03:24 AM, 1 OF 4, R $21.00 DE $750.00 Doc Code SPEC WD Janice K. Vos Caudill, Pitkin County, CO SPECIAL WARRANTY DEED ZUMA LLC, a Colorado limited liability company (°Grantor"), for Ten ($10.00) Dollars and other valuable consideration, in hand paid, hereby sells and conveys to PARCEL 8 LLC, a Delaware limited liability company ('Grantee "), whose address is 301 Main Street, Suite 3300, Fort Worth, Texas 78102, Attention: Sherri L. Conn, the following real property located in Aspen, Pitkin County, Colorado legally described as: - All of Parcel 8, TOP OF MILL SUBDIVISION/PUD, A PLANNED COMMUNITY, according to the Final Plat for Top of Mill Subdivision/PUD, a Planned Community, recorded August 18, 2002, In Plat Book 62 at page 4 as Reception No. 471099, In Aspen, Pitkin VJ County, Colorado and as further defined and described in the Master l (J Declaration of Protective Covenants for Top of Mill recorded October 4, 2002 as Reception No. 473073, the First Amendment thereto recorded October 18, 2002 as Reception No. 473629, Second Amendment thereto recorded March 13, 2003 as Reception No. 479906 and Third Amendment thereto recorded December 31, 2003 as Reception No. 493048 - TO HAVE AND TO HOLD with all its appurtenances and warrants title against all persons claiming under Grantor, SUBJECT TO AND EXCEPTING: 1. Real estate taxes for the year 2009 and payable in 2010 and all subsequent years not yet due or payable. 2. Existing building, land use and zoning regulations. 3. Those matters listed on Exhibit "A" annexed hereto and made a part hereof. IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal as of February 3, 2009. ZUMA LLC By: Neil D. Karbank, Authorized Representative WRET/ i_ra ` CITY OF ASPEN ' D / ' RRE ' P � . NO HRETT FAIR V fall - /(s� D ATE REP NO. �l v9 fiate9 3siby STATE OF COLORADO ) ss. COUNTY OF PITKIN ) On this 2d day of February, 2009, before the undersigned, a Notary Public In and for said County and State, residing therein duly commissioned and sworn, personally appeared NEIL D. KARBANK, known to me to be the person whose name is subscribed to the within instrument, and he acknowledged that he executed the foregoing Special Warranty Deed In his capacity as an Authorized Representative of Zuma LLC, a Colorado limited liability company, as the act and deed of such limited liability company, as Grantor. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year i this certificate first above written. Notary P lic within and for id County and State ;' f' VtON My comm Ion expires E L.YT�4lt ry 'iti �.,7 6p ' C.^ITM1...rp: r :rW:nLi/0212019 1375000v2 1/23/2009 11:50:44 AM EXHIBIT "A" PERMITTED ENCUMBRANCES 1. Reservations and exceptions as follows: a) Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted. b) Right of way for ditches or canals constructed by the authority of the United States. As the same may be found in the United States Patents recorded April 12, 1901 in Book 136 at Page 281, May 20, 1949 in Book 175 at Page 177 and May 20, 1949 in Book 175 at Page 208. 2. Easements, rights of way and all matters as disclosed on Plat of subject property recorded August 18, 2002 in Plat Book 62 at Page 4. 3. Terms conditions, provisions and obligations as set forth in Subdivision /PUD Agreement for Top of Mill Subdivision/PUD recorded August 18, 2002 as Reception No. 471100. 4. Terms, conditions, provisions and obligations as set forth in Pretapping Agreement recorded August 30, 2002 as Reception No. 471764. 5. Terms, conditions, provisions and obligations as set forth in City of Aspen Water Main Extension Agreement recorded August 30, 2002 as Reception No. 471765 and First Addendum thereto recorded October 17, 2002 as Reception No. 473593. 6. Terms, conditions, provisions and obligations as set forth in License Agreement recorded October 1, 2002 as Reception No. 472877. 7. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Protective Covenants for Top of Mill recorded October 4, 2002 as Reception No. 473073, First Amendment thereto recorded October 18, 2002 as Reception No. 473629, Second Amendment thereto recorded March 13, 2003 as Reception No. 479908 and Third Amendment thereto recorded December 31, 2003 as Reception No. 493048, deleting therefrom any restrictions indicating. any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin. • 1375000x5 2/2/2009 5;00:59 PM r • 8. Terms, conditions, provisions and obligations as set forth in Amended and Restated Grant of Easement recorded March 30,2004 as Reception No. 496015. 9. All matters as disclosed by Survey of Schmueser, Gordon, Meyer dated January 19, 2009 as Job No. 2000 - 140.006 -02. All of the foregoing book, page and reception number references refer to the real property records of Pitkin County, Colorado. 1375000v5 2/2/2009 5:00:59 PM 4 .+ z _ qx A ; e.- / 3 A, F. 1 01, §'— 4 0 O ' ' II II 0 1 1 ! 3 s1$ 3 11 a o rll�� III° n,lll 'Vpl III q p trey :Y �i __— q W o . it „_ __ --_ g 2 W 3i ° w € ra " w�' "" a ostr. „ ,N_ , ,, ' , ,010 „ - L _ i I {1{ { N \ \ ' �� � � �� 'lam z F O N di it a � CU . \ 1 V , 1 ' , \ iik S i\hh: \ ,,,s::,,,‘ 0 , J., 44); 0 ,,s ligos c k, - ` ,, \ Nw t ' r \ : ;,..,44401/4, „Oil. , 91 0 ,41, . I \ _,__________ (,.. \ \\ • \ - , ii: WY TaIa Rev • gg �� ! 1 ! • p i •yyppg$v ONY NY60j1j 0319 nil 1.5 ic""■- 1 i i i F N a il_yllik \(,.. � 1 1 I)# a ii if ' -- A UM 1 ipou if 7 _ l i � t i I J it 1 is 1 i I 1 Lel 1 I 1 1 i 2 11111 i 7 if If 11 11 t 1I i 1I!jii j ii I ii1 f 1 i a i ill v i as I i . . !1 I a i t ' ll y �i�l ! �� li4 i �i z 18 i I 1 il A j il ft II " 1111111 al I to so 3 1 I II s �iJ $ It I !Will f i ` i flflhiiidiflIlt flM I H .1111/14 � " h � 1 la I! 0 fi s� < a a air 4 r r d a a a 4 r • CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT GENERAL LAND USE APPLICATION PACKET THE CRY or ASPEN Attached is an Application for review of Development that requires Land Use Review pursuant to the City of Aspen Land Use Code. Included in this package are the following attachments: 1. Development Application Fee Policy, Fee Schedule and Agreement for Payment Form 2. Land Use Application Form 3. Dimensional Requirements Form 4. Matrix of Land Use Application Requirements/Submittal Requirements Key 5. General Summary of Your Application Process 6. Public Hearing Notice Requirements 7. Affidavit of Notice All applications are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of the Aspen Municipal Code is available at the City Clerk's Office on the second floor of City Hall and on the Internet at www.asnenpitkin.com, City Departments, City Clerk, Municipal Code, and search Title 26. We strongly encourage all applicants to hold a pre - application conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, insufficiencies, or redundancies can reduce the overall cost of materials and Staff time. Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case or consult the applicable sections of the Aspen Land Use Regulations. ATTACHMENT 1 CITY OF ASPEN DEVELOPMENT APPLICATION FEE POLICY The City of Aspen, pursuant to Ordinance 52 (Series of 2007), has established a fee structure for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. Referral fees for other City departments reviewing the application will also be collected when necessary. One check including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required application fee. A flat fee is collected by Community Development for Administrative Approvals which normally take a minimal and predictable amount of staff time to process. The fee is not refundable. A deposit is collected by Community Development when more extensive staff review is required, as hours are likely to vary substantially from one application to another. Actual staff time spent will be charged against the deposit. Several different staff members may charge their time spent on the case in addition to the case planner. Staff time is logged to the case and staff can provide a summary report of hours spent at the applicant's request. After the deposit has been expended, the applicant will be billed monthly based on actual staff hours. Applicants may accrue and be billed additional expenses for a planner's time spent on the case following any hearing or approvals, up until the applicant applies for a building permit. Current billings must be paid within 30 days or processing of the application will be suspended. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. In no case will Building Permits be issued until all costs associated with case processing have been paid. When the case planner determines that the case is completed (whether approved or not approved), the case is considered closed and any remaining balance from the deposit will be refunded to the applicant. Applications which require a deposit must include an Agreement for Payment of Development Application Fees. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application and fee in order for a land use case to be opened. The current complete fee schedule for land use applications is listed on the next page. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Avreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Cl,' LL& (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for no Aeeal EM (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 ex tent of the costs involved in processing the application. APPLICANT and CITY flutter 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 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 in full prior to decision 5. Therefor, APPLICANT agreei that in consideration of the CTTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of S 1;f'1 o. on which is for5ljc t' 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 5245.00 per planner how 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 processing have been paid. CITY OF ASPEN APPLICANT (�d � j � By: By: 3 :MA -,/�jV111'" �„� Chrb Bendon /;f 1 1 b �b Community Development Director Date: _f Billing Addreu and Telephone Number: Q,c+rvettrA .L Calf % I r. t.% a.. 4 L. . t i t t) 1.0 t. 0 `. � ATTACHMENT 2 —LAND USE APPLICATION PROJECT: / Name: flf t 1 C -- 8 t Tt Y O F MILL q 4 LO `5.T 4 Location: i`Awn- S t Tb P AsytM . (t (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 2 - 7- 3 1 8 2 0 21- OPS APPLICANT: Name: cpASCCG es ) Address: ■1P MANA(';FN11-:NT L.-t /14 FUN STN AVE.AAM FR&►4" Act e y1: Phone #: ZIP', °1412q 31•IDNC --f-1 , 191t , 7,11c) REPRESENTATIVE: Name: (,AUA MEa'S A RLH∎TWS 1N (.- Address: ?,14P . e-ie. / Ar-Kf!sl t (0 I ,■1Q l! Phone #: ci '70, 4 2'1,125(C TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA El ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other: ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) EMt%r 1 ?—oT PROPOSAL: (description of proposed buildings, uses, modifications, etc.) I_ANt7� (A PF =T7 L OT Have you attached the following? FEES DUE: $ ❑ 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 Standards ❑ 3 -D Model for large 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 conference summary will indicate if you must submit a 3 -D model. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: f>A E t- TOY CF Applicant: 11\ CL., F5, ) Location: J* 5, Ml Vt, Zone District: b.-) ( -(7 pC7 - Lot Size: 1 eI ( .7F Lot Area: 1 (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: r> Proposed: o Number of residential units: Existing: 0 Proposed: r, Number of bedrooms: Existing: 0 Proposed: 0 Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: N /p, Allowable: NO Q- IA►jProposed: N /A Principal bldg. height: Existing: mIA AllowableNO ( 4.kL Proposed: IN /A Access. bldg. height: Existing: Al f A AllowableaJO CHAW1;C Proposed: N /4 On -Site parking: Existing: N ) A Required: ?JP (HAWS Proposed: N4 /A % Site coverage: Existing: 11 ),A Required: NO niANhE Proposed: N //A % Open Space: Existing: 1.1 / A Required: NO aMtkii Proposed: N )p. Front Setback: Existing: Required: Proposed: } IO CH4AIUE Rear Setback: Existing: Required: Proposed: N 03440E Combined F/R: Existing: Required: Proposed: p10 O-IA N( ^E Side Setback: Existing: Required: Proposed: N0 CH 6E- Side Setback: Existing: Required: Proposed: ND (HAM. bC Combined Sides: Existing: Required: Proposed: NO C HP4J6C Distance Between Existing Required: Proposed: Nb e,t :A'140€> Buildings Existing non - conformities or encroachments: 14 bs% Variations requested: ki f� -, u as A. Q. 7 a 9 . a sa i N d y N E N N N S4 .0 u o 0. d3 °'� ° '� m a I= 0. 0. 0. V 0. • ∎ 1. os o O O O Q N O 4. W Y. E 00 3 0 .. e e a 'e Lr. a w e .. .. a I. a 'E a .E E U N.° o e ,e . U a, Z t a m 0 Q d Q es a I. es Z y °' E u ` o ` o ` o ` o N a e a e e e e e e e e e ' '^ 0 4.. s e w e . Z 0. .. N N N H r. r. N— N .. N N N N .0 N N CA N W o 0 . • T) o a 3 m 3 v 3 u z a. V V z re ° u ?r e 0. V U U U� a C d U O 0E o o ` . �N a g a E. , e � e NNNN O g O E a a q St 2 • 'A I= U a=? z Q 0. F z F 0r 4 0. 4 o U U o E Z N 0.W 6 0. N i as 4 a a 4 5 ni d w ° t r:14 d .0 et) E• .9 a w Q F a y a ¢ N W 4 4 z u e, 0. 0. q U W E 6e 4 d co z v 0.O o. o p u .n Z C0 e Ca V E G e. . 6 y y y 9 P id o ' y Er LL rA O .E ' � E g z M x y 1n 1n a S M N a C M M an d . w e 2 , E d a ' ..: . F' .E ❑ p•.Q . .Ni EL N N N O '8 a. Q h 9 a e[ in en e k O O try M .. in 1. N R In ,- .- M M 0 y N N N O y w M a> N O. 1n M r, r s N m 1 p. .`3 a b v a en O s 4 e e a a a a 000 O ..ti� yo .- , .y M N ae yo m N N �— G y �i "" M 1n e u 00 OCT N N �O e e 1n Z y 4 a Aoo o --e.. 6° �.■N N t:.� 01 < �M M WE a Ert:N t`t`r rt`ert`c�r4 rr r re Mt- v 1 1 1 1 1 1 1 1 C 1 1 1 1 1 1 1 1 C 1 1 O d d .■i .I e e 1■1 V 1a .O • g z z 0 3 3 w z w y z z Q v° S Q w r O N Z © Z '� t 3 N w z C o E w as z t � w p i i a d N w z wt o 1 N :o m 5. o � b fr4 s 4 � > o 5 2 v`, �F =rr .11id Z a a CL a y fs� F O F v�'i 4 y C {ri 0. vi -=to S gl 'ne zw r ° n X Sc t c a C , a a m ° ° ° ev F 1- ', ra 6 K. U O 1. , R p, cocci) �5 co) rl c 1 I v a F B e u \ J \ Q ) LE 4 ) &, � \ } }\ \ \ \ du�a/ J , § au4 {§ 2 \ 7 2tl 7 a ; ,sla-! � 2 ! a, \ § /� 0 0 > \ \ 2 _ ` _ 2 c © m � CP C g � 64 Q � 0 \ �<k z §u $§ Q. (2)2 %)§ \k2mt ( 5§ °'] § » tS2§ 2 §| 0 E k3 �± •• o \ o 0 0 j - - - - - - ti‘ § ( 1 1 1 1 \ \\ k § § E ] c g j , z o 1 § § $ !) § ) ) a0 A 7,,, ,,,,o. § ) ƒ 7 m 2 ® / \k Ps u ` R At q } ATTACHMENT 4- CONT'D- SUBMITTAL KEY 1. Land Use Application with 12. Accurate elevations (in relation to system in the area of the proposed Applicant's name, address and telephone mean sea level) of the lowest floor, subdivision. The contents of the plat shall number, contained within a letter signed including basement, of all new or be of sufficient detail to determine by the applicant stating the name, address, substantially improved structures; a whether the proposed subdivision will and telephone number of the verification and recordation of the actual meet the design standards pursuant to representative authorized to act on behalf elevation in relation to mean sea level to Land Use Code Section 26.480.060(3).20. of the applicant which any structure is constructed; a Subdivision GIS Data. demonstration that all new construction or 2. The street address and legal substantial improvements will be 21. A landscape plan showing location, description of the parcel on which anchored to prevent flotation, collapse or size, and type of proposed landscape development is proposed to occur. lateral movement of any structure to be features. constructed or improved; a demonstration 3. A disclosure of ownership of the that the structure will have the lowest 22. A subdivision plat which meets the parcel on which development is proposed floor, including basement, elevated to at tenors of this chapter, and conforms to the to occur, consisting of a current certificate least two (2) feet above the base flood requirements of this title indicating that no from a title insurance company, or elevation, all as certified by a registered further subdivision may be granted for attorney licensed to practice in the State of professional engineer or architect. these lots nor will additional units be built Colorado, listing the names of all owners without receipt of applicable approvals of the property, and all mortgages, 13. A landscape plan that includes pursuant to this chapter and growth judgments, liens, easements, contracts and native vegetative screening of no less than management allocation pursuant to agreements affecting the parcel, and fifty (50) percent of the development as Chapter 26.470. demonstrating the owner's right to apply viewed from the rear (slope) of the parcel. for the Development Application. All vegetative screening shall be 23. The precise wording of any maintained in perpetuity and shall be proposed amendment. 4. An 8 1/2" x 11" vicinity map locating replaced with the same or comparable the subject parcel within the City of material should it die. 24. Site Plan or plans drawn to a scale of Aspen. one (1 ") inch equals ten (10') feet or one 14. Site sections drawn by a registered (1 ") inch equals twenty (20') feet, 5. A site improvement survey including architect, landscape architect, or including before and "after" photographs topography and vegetation showing the engineer shall be submitted showing all (simulations) specifying the location of current status of the parcel certified by a existing and proposed site elements, the antennas, support structures, transmission registered land surveyor, licensed in the top of slope, and pertinent elevations buildings and/or other accessory uses, State of Colorado. (This requirement, or above sea level. access, parking, fences, signs, lighting, any part thereof, may be waived by the landscaped areas and all adjacent land Community Development Department if 15. Proposed elevations of the uses within one - hundred fifty (150') feet. the project is determined not to warrant a development, including any rooftop Such plans and drawings should survey document.) equipment and how it will be screened. demonstrate compliance with the Review Standards of this Section. 6. A site plan depicting the proposed 16. Proposed elevations of the layout and the project's physical development, including any rooftop 25. FAA and FCC Coordination. relationship to the land and it's equipment and how it will be screened. Statements regarding the regulations of surroundings. the Federal Aviation Administration 17. A sketch plan of the site showing (FAA) and the Federal Communications 7. A written description of the existing and proposed features which are Commission (FCC). proposal and a written explanation of relevant to the review. how a proposed development complies 26. Structural Integrity Report from a with the review standards relevant to the 18. One (1) inch equals four hundred professional engineer licensed in the development application. (400) feet scale city map showing the State of Colorado. location of the proposed subdivision, all 8. Plan with Existing and proposed adjacent lands owned by or under option 27. Evidence that an effort was made to grades at two-foot contours, with five-foot to the applicant, commonly known locate on an existing wireless intervals for grades over ten (10) percent. landmarks, and the zone district in which telecommunication services facility the proposed subdivision and adjacent site including coverage/ interference 9. Proposed elevations of the development properties are located. analysis and capacity analysis and a brief statement as to other reasons for 10. A description of proposed 19. A plat which reflects the layout of success or no success. construction techniques to be used. the lots, blocks and structures in the proposed subdivision. The plat shall 28. Neighborhood block plan at 11. A Plan with the 100 -year floodplain be drawn at a scale of one (1) equals one 1 " =50' (available from City Engineering line and the high water line. hundred (100) feet or larger. Architectural Department) Graphically show the front scales are not acceptable. Sheet size shall portions of all existing buildings on both be twenty-four (24) inches by thirty-six sides of the block and their setback from (36) inches. If it is necessary to place the the street in feet. Identify parking and plat on more than a one (1) sheet, an index front entry for each building and locate shall be included on the first sheet. A any accessory dwelling units along the vicinity map shall also appear on the first alley. (Continued on next page.) sheet showing the subdivision as it relates to the rest of the city and the street Indicate whether any portions of the 35. Exterior Lighting Plan. Show the houses immediately adjacent to the location, height, type and Luminous subject parcel are one story (only one intensity of each above grade fixture. living level). Estimate the site illumination as measured in foot candles and include minimum, 29. Roof Plan. maximum, and average illumination. Additionally, provide comparable 30. Photographic panorama. Show examples already in the community that elevations of all buildings on both sides of demonstrate technique, specification, and/ the block, including present condition of or light level if they exist. the subject property. Label photos and mount on a presentation board 31. A condomidum subdivieton exemption plat drawn with permanent ink on reproducible mylar. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches with an unencumbered margin of one and one -half (1 1/2) inches on the left hand side of the sheet and a one -half (1/2) inch margin around the other three (3) sides of the sheet pursuant to Land Use CMe Section 26.480.090. 32. A description and site plan of the proposed development including a statement of the objectives to be achieved by the PUD and a description of the proposed land uses, densities, natural features, traffic and pedestrian circulation, off-street parking, open space areas, infrastructure improvements, and site drainage. 33. An architectural character plan generally indicating the use, massing, scale, and orientation of the proposed buildings. 34. A written description of the variance being requested. ATTACHMENT 5 DEVELOPMENT REVIEW PROCEDURE 1. Attend pre - application conference. During this one -on -one meeting, staff will determine the review process which applies to your development proposal and will identify the materials necessary to review your application. 2. Submit Development Application. Based on your pre - application meeting, you should respond to the application package and submit the requested number of copies of the complete application and the appropriate processing fee to the Community Development Department. 3. Determination of Completeness. Within five working days of the date of' your submission, staff will review the application, and will notify you in writing whether the application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. 4. Staff Review of Development Application. Once your application is determined to be complete, it will be reviewed by the staff for compliance with the applicable standards of the Code. During the staff review stage, the application will be referred to other agencies for comments. The Planner assigned to your case or the agency may contact you if additional information is needed or if problems are identified. A memo will be written by the staff member for signature by the Community Development Director. The memo will explain whether your application complies with the Code and will list any conditions which should apply if the application is to be approved. Final approval of any Development Application which amends a recorded document, such as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has determined that your application is eligible for the requested amendment or exemption. 5. Board Review of Application. If a public hearing is required for the land use action that you are requesting, then the Planning Staff will schedule a hearing date for the application upon determination that the Application is complete. The hearing(s) will be scheduled before the appropriate reviewing board(s). The Applicant will be required to mail notice (one copy provided by the Community Development Department) to property owners within 300 feet of the subject property and post notice (sign available at the Community Development Department) of the public hearing on the site at least fifteen (15) days prior to the hearing date (please see Attachment 6 for instructions). The / Planning Staff will publish notice of the hearing in the paper for land use requests that require publication. The Planning Staff will then formulate a recommendation on the land use request and draft a memo to the reviewing board(s). Staff will supply the Applicant with a copy of the Planning Staffs memo approximately 5 days prior to the hearing. The public hearing(s) will take place before the appropriate review boards. Public Hearings include a presentation by the Planning Staff, a presentation by the Applicant (optional), consideration of public comment, and the reviewing board's questions and decision. 6. Issuance of Development Order. If the land use review is approved, then the Planning Staff will issue a Development Order which allows the Applicant to proceed into Building Permit Application. 7. Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may proceed to building permit review. During this time, your project will be examined for its compliance with the Uniform Building Code. It will also be checked for compliance with applicable provisions of the Land Use Regulations which were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks, parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected if due. Any document required to be recorded, such as a plat, deed restriction or agreement, will need to be reviewed and recorded before a Building Permit is submitted. , ATTACHMENT 6 PUBLIC HEARING NOTICING REQUIREMENTS Three forms of notice are required by the Aspen Land Use Regulations: publication in the newspaper, posting of the property, and mailing to surrounding landowners. Following is a summary of the notice requirements, including identification of who is responsible for completing the notice. 1. Publication - Publication of notice in a paper of general circulation in the City of Aspen is to be done at least fifteen (15) days prior to the hearing. The legal notice will be written by the Community Development Department and we will place the notice in the paper within the appropriate deadline. 2. Posting - Posting of a sign in a conspicuous place on the property is to be done fifteen (15) days prior to the hearing. It is the applicant's responsibility to obtain a copy of the sign from the Community Development Department, to fill it in correctly and to bring proof to the hearing that posting took place (use attached affidavit). 3. Mailing - Mailing of notice is to be made to all owners of property within 300 feet of the subject development parcel by the applicant. It is the applicant's responsibility to obtain a copy of the notice from the Community Development Department, to mail it according to the following standards, and to bring proof to the hearing that the mailing took place (use attached affidavit). Notice to mineral Estate Owner. An Applicant for surface Development shall notify affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application for development. The applicant shall certify that the notice has been provided to the mineral estate owners. 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 public hearing. ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: , Aspen, CO SCHEDULED PUBLIC HEARING DATE: , 200 STATE OF COLORADO ) ) ss. County of Pitkin ) (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 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) 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. Signature The foregoing "Affidavit of Notice" was acknowledged before me this _ day of , 200_, by WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL v - 8I motel en = '°eka sf - - _ ? - RRio G V? -1„ . ° ° f . • WMNer w Aga Lima. Opera House w END,► Lo�Ne ! _.. Resort 1 6t Quest-Aspen • @ Snowmass l EGnanr E,6OODSiq„a EC�P4 y �!'fYma `Ivan gR , * h1 som Ah 87 $ Resid CM Caakt Aspen tu dif . Cw.- Four Maawein Late Nel nl4 F$ n �� Tw GBM a qi • V. • C O yy PROJECT VACINITY MAP FOR: 946 South Mill Street Top of Mill, Parcel 8 • WRITTEN DESCRIPTION OF PROPOSAL The proposed development is landscaping of the site including re- grading the site and the installation of a low wall. There are no proposed structures on the site. There is an existing detention wall that is being clad with stone veneer. The lot is currently vacant and not landscaped. It has been used for staging for the construction of Parcel 7. The Applicant, need only comply with review standards number 3 and 7 of the Regulation. The applicable review standards and the proposed developments are summarized below. 3. The proposed development does not have a significant adverse affect on the air quality in the City. All entities and subcontractors involved in the construction of the proposed landscaping will be required to strictly adhere to the Covenant's requirements for excavation and construction if excavation goes below the I.D. barrier. This includes: removal of contaminated soils, dust suppression, landscaping, soil testing and restoration following construction. The measures to be undertaken will comply with all applicable requirements of the City's Environmental Health Department. The proposed development will also be subject to the City's TDM /Air Quality impact fee. 7. Building height and bulk will be minimized and the structure will be designed to blend into the open character of the mountain. There is not a built structure as part of this proposal. The landscaping will be designed in a way to blend into the hillside. The low wall is going to be clad with the same stone as the adjacent home, the same as the wall on the adjacent lot, and is of mountain character. DESCRIPTION OF CONSTRUCTION TECHNIQUES The proposed development is landscaping of the site including re- grading the site and the installation of a low wall. There are no proposed structures on the site. There is an existing detention wall that is being clad with stone veneer. The lot is currently vacant and not landscaped. It has been used for staging for the construction of Parcel 7. 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IIII I III 0 66392 71 45C SILVIP DAVIS PITKIN COUNTY CO R 35.00 0 0.00 , 11`4` ORDINANCE No. 7 SERIES OF 2002 AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE FINAL PLANNED UNIT DEVELOPMENT APPLICATIONINCLUDING SUBDIVISION, CONDOMINIUNIIZATION, MOUNTAIN VIEW PLANE, SPECIAL REVIEW, GROWTH MANAGEMENT QUOTA EXEMPTIONS (GMQS), 8040 GREENLINE REVIEW, AND REZONING FOR THE TOP OF MILL SITE TO LODGE / TOURIST RESIDENTIAL PUD AND CONSERVATION, LOT 3 OF THE ASPEN MOUNTAIN SUBDIVISION / PUD, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO PARCEL NO. 2737 - 182 -85 -003 WHEREAS, the Community Development Department received an application from Top of Mill Investors, LLC c/o Four Peaks Development, LLC (Applicant), represented by Vann Associates, requesting Final Planned Unit Development (PUD) approval for Lot 3 of the Aspen Mountain Subdivision / PUD (hereinafter "AMPUD "); and WHEREAS, Top of Mill Investors, LLC c/o Four Peaks Development, LLC requested specific land use approvals as part of the Final PUD including Final PUD Development Plan, Subdivision, Condominiumization, Mountain View Plane, Special rte. Review, GMQS Exemption, 8040 Greenline Review, and Rezoning; and WHEREAS, Savanah Limited Partnership, owner at the time of Lot 3 of AMPUD, received Conceptual PUD approval from City Council for AMPUD on December 6, 1999 which is memorialized through Resolution No. 93, Series of 1999; and WHEREAS, Top of Mill Investors, LLC, received an Amended Conceptual Approval from City Council for Lot 3 AMPUD on May 29, 2001 which is memorialized through Resolution No. 50, Series 2001; and WHEREAS, the Housing Office, the City Zoning Officer, the City Engineer, the Parks Department, Aspen Consolidated Sanitation District, the Environmental Health Department, the City Fire Department, the City Streets Department, the City Parking Department, the City Water Department, and the City Electric Department reviewed the development proposal for Lot 3 and provided written referral comments as a result of the Development Review Committee meeting; and WHEREAS, the Applicant appropriately applied for specific land use approvals pursuant to the June 1996 reprint of Title 26, Land Use Regulations, of the 1995 Aspen Municipal Code for the Final PUD for Lot 3 AMPUD including Final PUD Development Plan, Subdivision, Condominiumization, Mountain View Plane, Special Review, Growth Management Quota Exemptions, 8040 Greenline Review, and Rezoning; and r III II IIum ICI IIIIII VIII III I III ,0 / 711:46c SILVIA DAVIS PITKIN COUNTY CO R 35.00 D 0.00 - WHEREAS, pursuant to Section 26.304.060 of the Land Use Code, and in \ consultation with the applicant, the Community Development Director has permitted a modification in review procedures to combine the Final PUD Development Plan, Subdivision, Condominiumization, Mountain View Plane, Special Review, GMQS Exemption, 8040 Greenline Review, and Rezoning review for the purposes of ensuring economy of time and clarity; and WHEREAS, such review procedure modification has not lessened any public hearing noticing or any scrutiny of the project as would otherwise be required; and, WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Director recommended approval of the Final Aspen Mountain PUD land use requests for Lot 3 with conditions; and WHEREAS, the Planning and Zoning Commission forwarded a recommendation of approval to the City Council, by a vote of four to one (4 — 1), Final PUD Development Plan, Subdivision, Condominiumization, Mountain View Plane, Special Review, GMQS Exemption, 8040 Greenline Review, and Rezoning for Lot 3 AMPUD; and WHEREAS, this ordinance, as adopted, incorporates all the relevant and applicable conditions of approval formerly contained in Resolution No. 93, Series of 1999 granting Conceptual PUD Approval to Lot 3 AMPUD by City Council and Resolution No. 50, Series of 2001 granting Amended Conceptual PUD Approval to Lot 3 AMPUD by City Council hereby allowing this ordinance to supersede those resolutions regarding the conditions of approval as stated herein; and WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the applicable Municipal Codes as identified herein, has reviewed and considered the recommendation of the Community Development Director, the Planning and Zoning Commission, the Aspen / Pitkin County Housing Authority, the applicable referral agencies, and has taken and considered public comment at a public hearing; and WHEREAS, the City of Aspen City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and WHEREAS, the City of Aspen City Council hereby approves, by a vote of five to zero (5 — 0), a Final PUD Development Plan, Subdivision, Condominiumization, Mountain View Plane, Special Review, GMQS Exemption, 8040 Greenline Review, and Rezoning for Lot 3 AMPUD; and WHEREAS, the City of Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIL AS r , FOLLOWS: 0 111110 i 110 01111111 1 0111111 46639 11 :45C SILVIA DPVIS ITKIN COUNTY CO R 35. D 0.00 Section 1 Pursuant to this Ordinance and consistent with condition no. 3, of Resolution No. 93, Series of 1999, the City Council approves the allowable FAR for each Lot 3 parcel and allocated as shown in the matrix below. , . t. r- ..1 'n� t n t I u r �z. { - ._ hr:q iL .rt Ya Ah�Y" Parcel 1 27,000 square feet of FAR Parcel 2 8,000 square feet of FAR Parcel 3 9,000 square feet of FAR Parcel 4 6,200 square feet of FAR Parcel 5 5,200 square feet of FAR Parcel 6 5,200 square feet of FAR Parcel 7 6,500 square feet of FAR Parcel 8 6,500 square feet of FAR Parcel 9 No FAR shall be allocated to this parcel. Section 2 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the requests for the Final PUD including Final PUD Development Plan, Subdivision, Condominiumization, Mountain View Plane, Special Review, GMQS Exemption, 8040 Greenline Review, and Rezoning for Lot 3 of AMPUD is hereby approved with the following conditions: I. The development shall comply with the most recent municipal engineering practice standards and the "Best Management Practices" (BMPs) identified for water quality control requirements. 2. Regarding the concerns associated with the type of units of the four (4) deed - restricted multi - family housing units on Parcel 2, should it not be possible to change the unit type, Staff recommends the Applicant meet with Housing Authority Staff to maintain the average of the Category 2, but to price one of the three bedroom units between Category 1 and 2, and to price the 4- bedroom unit between Category 2 and 3, and market as a Category 3. 3. Three of the units on Parcel 2 shall be distributed and sold under the general lottery through the Housing Office. The Applicant shall be able to choose a buyer for one of the units. However, the buyer must be a fully qualified employee under the category for the unit chosen by the applicant; i.e., the potential buyer must meet income and asset requirements, meet minimum occupancy, not own any other property in the Roaring Fork Drainage System, and have worked in Pitkin County 1500 hours per year for the last four years. 4. The Applicant shall submit Infrastructure and Removal of Fill Material Permits for Lot 3 AMPUD within 30 (30) days after recordation of all Final PUD documents. The Applicant may submit building permit applications at the Applicant's discretion, but no sooner than the issuance of a building permit for the Bavarian Inn affordable housing project. The Applicant shall be eligible for a Certificate of Occupancy for the free market r i II 1 II00I1I 1 :4:67769.13:7; it 4tw SILVIA DAVIS PITKIN COUNTY CO R 35.00 D0.00 yew multi- family units on Parcel 1 only after a Certificate of Occupancy has been issued for ( the affordable housing units on Parcel 2. The Applicant shall be eligible for a Certificate of Occupancy for the Free Market Duplex on Parcel 3 and the single - family units to be constructed on Parcels 4, 5, 6, 7, and 8 no sooner than the receipt of a Certificate of Occupancy for an on -site accessory dwelling unit or upon the full payment of the applicable affordable housing impact fee. 5. The accessory dwelling units (for Parcels 4 — 8) shall abide by the regulations in the Land Use Code in effect at the time of building permit application and further defined in the Aspen /Pitkin County Housing Guidelines. Should an accessory dwelling unit not be provided on Parcels 4 through 8, a payment -in -lieu fee shall be provided in the amount required in the Guidelines at the time of building permit approval. 6. At the time of Certificate of Occupancy, a site visit shall be conducted on the deed - restricted units. 7. Since the "for- sale" affordable housing units are to be developed on a separate parcel, Parcel 2, a separate homeowner's association shall be established for the affordable housing portion of the development. 8. The Applicant shall include appropriate language in the Final PUD Agreement for Lot 3 and it's associated condominium (or planned community) documentation regarding the separate homeowner's association for Lot 3 (to be reviewed and approved by Staff) that ensures that the four (4) "for- sale" affordable housing units to be developed on Parcel 2, !'" shall comply with the representations made in the application, adhere to the conditions of this Final PUD Approval, and comply with the required deed restrictions as administered by the Aspen / Pitkin County Housing Authority so that the owners of said units shall not be unduly burdened by a disproportionate share of responsibilities associated with the master homeowner's association or other homeowner associations established for the free market residences on parcels 1 and 3 — 8. 9. Erosion control plans, including potential natural resource protection structures, and a detailed plan for irrigation systems and other plantings within the City of Aspen right-of- way shall be submitted by the Applicant to the Parks Department for approval prior to the application of building permits. Separate erosion control plans shall be submitted by the owners of each parcel prior to the issuance of a building permit for their respective parcels. 10. The Applicant shall construct the "Aspen Mountain Trail" which traverses the adjacent Open Space Parcel "B" according to City of Aspen standards during the completion of this project. This trail improvement shall meet engineering specifications as defined by the City of Aspen Parks Department including a crusher fines trail surface, a width of four feet, a trail sign located at the entrance of each trail identifying trail name and public access, and the sign shall be designed and built to match the character of the neighborhood. The Applicant shall submit a detailed plan for trail design and drainage. Parks Department requests the applicant field stake the trail. The Applicant shall be required to have the trail improvement completed and inspected to the satisfaction of the Parks Department prior to the receipt of a Certificate of Occupancy for the free market triplexes on Parcel 1. ION 111111 I K � II COUNTY 11 11111 IIII �� 0 0 " frig' 3 it :454 SILVIA DAVIS 11. The Applicant shall formally establish the Top of Mill Trail across Lot 3 AMPUD. This trail shall have a legal description, be shown on the Final Plat, and be dedicated /conveyed to the City of Aspen. Further, the Applicant shall memorialize in the Final PUD / Subdivision Agreement for Lot 3 and associated condominium (or planned community) documents, the obligation by the master homeowner's association or Applicant to improve the Top of Mill Trail, at such time the connection is realized, pursuant to the Parks Department's design criteria. If the trail has not been improved to the satisfaction of the Parks Department within 5 years of the recordation of the Final Plat for AMPUD Lot 3, the master homeowner's association for Lot 3 shall make a cash payment to the City of Aspen equal to a sum defined by the Parks Department for the improvement of the trail. 12. Fire sprinklers and alarm systems shall be installed in all the proposed buildings on Lot 3 as required by the City of Aspen Fire Marshal. Appropriate "booster pumps" (if required) rather than pressure tanks for the sprinkler system shall be used to gain the necessary water pressure as required by the City Fire Department. The owner of each parcel shall be responsible for ensuring that any buildings constructed thereon shall comply with this condition of approval. In addition, the Applicant shall submit a fire safety plan for the demolition to be preformed by the Applicant of the existing structures and the construction of the proposed development of Lot 3 to the Engineering Department at the time of building permit application. 13. The Applicant shall execute a "Line Extension Request" and a "Collection System Agreement" with Aspen Consolidated Sanitation District (ACSD) prior to building permit application. In addition, forty percent (40 %) of the estimated total connection fees must be paid to ACSD by the applicant for service lines that are to be stubbed off the main line into the specific parcels of this development. 14. The Applicant shall be required to show to the ACSD all service locations at the station numbers on the final utility plans for this development prior to building permit application. Additionally, the Applicant shall indicate to the ACSD if main line easements in the ROW are to be dedicated by plat or by description. 15. The Applicant shall record the approved condominium (or planned community) subdivision plat for Parcels 1, 2, and 3 of' AMPUD Lot 3 in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of its approval by the Community Development Director. Failure on the part of the Applicant to record the plat within one hundred eighty (180) days following approval by the Community Development Director shall render the plat invalid and a new application and approval will be required. 16. The Applicant shall record a PUD Agreement and the Final PUD Plans within 180 days of the final approval by City Council with the Pitkin County Clerk and Recorder binding this property to this development approval. 1 . The development of the free market single - family dwellings proposed for Parcels 4 - 8 of AMPUD Lot 3 shall be subject to a site and design specific 8040 Greenline Review prior to their development. These Parcels shall only be required to respond to review standards r 1111111 111111 111111 II Page: 6 6 92 i1:46F SILVIA DAVIS PITKIN COUNTY CO R 35.00 D 0.00 26.68.030 (C)(3) and 26.68.030 (C)(7); this resolution approves Parcels 4- 8 regarding 8040 Greenline Review Standards 26.68.030 (C)(I, 2, 4, 5, 6, 8, 9, 10, and 11) thereby precluding any further review of the same standards as indicated. 18. The owner of each parcel shall pay the required School Land Dedication Fee to the City of Aspen, which is due and payable at the time of building permit application for the development of its parcel. This fee shall be assessed at the rate of the regulations and calculations in effect at the time of the building permit application. 19. The owner of each parcel shall pay the required Park Development Impact Fee to the City of Aspen, which is due and payable at the time of building permit application for the development of its parcel. This fee shall be assessed at the rate of the regulations and calculations in effect at the time of the building permit application. 20. The Applicant shall record the appropriate deed restrictions for Parcel 9, containing the six -space enclosed parking garage, requiring that the lot remain for parking purposes only as part of the Summit Place Condominiums project. 21. It is understood that upon approval of this Final PUD, all remaining residential credits associated with the AMPUD are hereby extinguished. 22. The Applicant shall be required to submit detailed "cut sheets" for the proposed lights on Lot 3 AMPUD indicating the correct lumens on the lighting plan as part of the detailed es building set to be examined during building permit review. 23. The Applicant shall work closely with the City of Aspen Engineering Department to ensure the access point from Parcel 1 on Lot 3 adequately provides for a left turn onto South Mill Street. 24. While the development proposal meets virtually all of the proposed underlying L/TR and Conservation zone districts' dimensional requirements, this Ordinance approves the following modifications of the dimensional requirements: a. Maximum Lot Size for Parcel 3 is 15,170 sq. ft. b. Maximum Lot Size for Parcel 4 is 12,278 sq. ft. c. Maximum Lot Size for Parcel 5 is 10,593 sq. ft. d. Maximum Lot Size for Parcel 6 is 9,825 sq. ft. e. Maximum Lot Size for Parcel 7 is 17,669 sq. ft. f. Maximum Lot Size for Parcel 8 is 18,756 sq. ft. g. Minimum Lot Size for Parcel 9 is 2,745 sq. ft. h. Minimum Lot Size for Open Space Parcel B is 49,446 sq. ft. i. Minimum Front Yard Setback for Parcel 9 is 8 feet j. Minimum East Side Yard Setback for Parcel 9 is 3 feet k. Minimum West Side Yard Setback for Parcel 9 is 3 feet I. Minimum Rear Yard Setback for Parcel 9 is 3 feet va, 1"S; 'r., w 1 III III 466392 11:45$ Page: 7 of 7 SILVIA DAVIS PITKIN COUNTY CO R 35.00 D 0.00 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 Aspen City Council, 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 Ordinance shall not effect 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 Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 6 A public hearing on this Ordinance was held on the 11 day of March at 5:00 pm in the Council Chambers Room, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 25 day of February, 2002. . /L� ,•• Nfpr• i ce. tea . ��wi. _ CKftli" St : h, City Clerk Helen r alin'l de d, Mayor FINALLY, adopted, passed and approved this 11 Day of March, 2002. ' 0110 Attest,, / o i � / i / / itrif c ✓ � //PSaaLr c, thry ch, City Clerk Ile a n la l .: d, Mayor App o v e d,as to form: C' • o n dreestor, City Attorney 4 0 0 F *�A! F THE CITY OF ASPEN Land Use Application CCP 'L 8 2010 Determination of Completeness CITY OF ASV EN COMMUNITY DEVELOP NT Date: September 21, 2010 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0050.2010.ASLU — 946 S. Mill Street. Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 1) Acceptable disclosure of ownership in the form of a current certificate from a title insurance company or an attorney licensed in Colorado. A special warranty deed does not meet the requirement. 2) A section showing existing grade compared to the finished grade proposed would assist the review body in analyzing the application. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. ❑ Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429 -2759 if you have any questions. T•:r You 1 i U � ennifer P a , Deputy Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required SPA PUD COWOP Yes No X Subdivision (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes_'_ No e .5 4 0 Commercial E.P.F. CIV CERTIFICATE OF OWNERSHIP RE SEP282010 CITY OF E ASPEN COMMUNITY DEVELOPMENT Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that PARCEL 8 LLC, A DELAWARE LIMITED LIABILITY COMPANY are the owner's in fee simple o the following described property: PARCEL 8, TOP OF MILL SUBDIVISION /PUD, A PLANNED COMMUNITY, according to the Final Plat for Top of Mill Subdivision/PUD, a Planned Community recorded August 18, 2002, Plat Book 62 at Page 4 as Reception No. 471099 and as further defined and described in the Master Declaration of Protective Covenants for Top of Mill recorded October 4, 2002 as Reception No. 473073, the First Amendment thereto recorded October 18, 2002 as Reception No. 473629, Second Amendment thereto recorded March 13, 2003 as Reception No. 479906 and Third Amendment thereto recorded December 31, 2003 as Reception No. 493046. TOGETHER WITH: (1) The easement over Top of Mill Trail granted in Section 2.2(p) of the Subdivision/PUD Agreement for Top of Mill Subdivision /PUD recorded as Reception No. 471100; (ii) The easements granted in the Declaration, including the easement over the Private Road and Sidewalk (each as defined therein) recorded as Reception No. 473073; (iii) The easement related to the construction of deflection walls granted in the Amended and Restated Grant of Easement recorded as Reception No. 496015; (iv) The Open Space Easement granted to the owners of parcels in the Top of Mill Subdivision in Notes 6 and 13 of the Plat recorded as Reception No. 471099 (the "Plat "); (v) The easement over Top of Mill Street granted to the owners of the parcels in Top of Mill Subdivision in Note 12 of the Plat; (vi) The Sidewalk Easement granted to owners of parcels in the Top of Mill Subdivision in Note 24 of the Plat; and (vii) Rights under that certain License Agreement recorded as Reception No.472877. ADDRESS ACCORDING TO THE PITKIN COUNTY ASSESSORS OFFICE: 946 S. MILL ST., ASPEN, CO 81611 ENCUMBRANCES: Deed of Trust from : PARCEL 8 LLC, A DELAWARE LIMITED LIABILITY COMPANY To the Public Trustee of the County of PITKIN For the use of : BANK OF AMERICA, N.A. Original Amount $3,800,000.00 Dated July 15, 2009 Recorded : July 15, 2009 Reception No. 560877 FINANCING STATEMENT RECORDED JULY 15, 2009 AS RECEPTION NO. 560878. This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. PITKIN COUNTY TITLE, INC. BY: C authorized signature CERTIFIED TO: September 22, 2010 at 8:00 A.M. Job No. PCT18707 RECEPTION#: 556172, 4,,,,, at 11:03:24 AM, 1 OF 4, R $:� DF $750.00 Janice K. Vos Caudill, Piticin County, CO P V X -15D SPECIAL WARRANTY DEED ZUMA LLC, a Colorado limited liability company ("Grantor"), for Ten ($10.00) Dollars and other valuable consideration, in hand paid, hereby sells and conveys to PARCEL 8 LLC, a Delaware limited liability company ( "Grantee "), whose address is 301 Main Street, Suite 3300, Fort Worth, Texas 76102, Attention: Sherri L. Conn, the following real property located in Aspen, Pitkin County, Colorado legally described as: - All of Parcel 8, TOP OF MILL SUBDIVISION/PUD, A PLANNED COMMUNITY, according to the Final Plat for Top of Mill Subdivision/PUD, a Planned Community, recorded August 18, 2002, in Plat Book 62 at page 4 as Reception No. 471099, in Aspen, Pitkin (f' County, Colorado and as further defined and described in the Master Declaration of Protective Covenants for Top of Mill recorded October fd 4, 2002 as Reception No. 473073, the First Amendment thereto recorded October 18, 2002 as Reception No. 473629, Second Amendment thereto recorded March 13, 2003 as Reception No. /"� 479906 and Third Amendment thereto recorded December 31, 2003 l as Reception No. 493046 - TO HAVE AND TO HOLD with all its appurtenances and warrants title against all persons claiming under Grantor, SUBJECT TO AND EXCEPTING: 1. Real estate taxes for the year 2009 and payable in 2010 and all subsequent years not yet due or payable. 2. Existing building, land use and zoning regulations. 3. Those matters listed on Exhibit "A" annexed hereto and made a part hereof. IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal as of February 3, 2009. ZUMA LLC • By: Neil D. Karbank, Authorized Representative DATA 'if:;F'i' ! =1.10 DATE F F No. 2 109 Vail 55/44 -0/69 Mt ,/ 3 s7 6,7 \ r`. RECEPTION$: 556172, 3/2009 at 11:03:24 AM, 2 OF 4, .,,. Janice K. Vos Caudill, Pitkin County, CO STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) On this 2d day of February, 2009, before the undersigned, a Notary Public in and for said County and State, residing therein duly commissioned and swom, personally appeared NEIL D. KARBANK, known to me to be the person whose name is subscribed to the within instrument, and he acknowledged that he executed the foregoing Special Warranty Deed in his capacity as an Authorized Representative of Zuma LLC, a Colorado limited liability company, as the act and deed of such limited Debility company, as Grantor. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year i this certificate first above written. J J year • 0 1%4° 4 Notary P lb within and for id County and State A M comm ion expires P. 0% s• My P '�o;w reia • 13750110v2 12329(} 11.59:44 AM RECEPTION#: 556172, L�,lO3/2009 at 11:03:24 AM, 3 OF 4, Janice K. Vos Caudill, Pitkin County, CO EXHIBIT "A" PERMITTED ENCUMBRANCES 1. Reservations and exceptions as follows: a) Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted. b) Right of way for ditches or canals constructed by the authority of the United States. As the same may be found in the United States Patents recorded April 12, 1901 in Book 136 at Page 281, May 20, 1949 in Book 175 at Page 177 and May 20, 1949 in Book 175 at Page 208. 2. Easements, rights of way and all matters as disclosed on Plat of subject property recorded August 18, 2002 in Plat Book 62 at Page 4. 3. Terms conditions, provisions and obligations as set forth in Subdivision /PUD Agreement for Top of Mill Subdivision /PUD recorded August 18, 2002 as Reception No. 471100. 4. Terms, conditions, provisions and obligations as set forth in Pretapping Agreement recorded August 30, 2002 as Reception No. 471764. 5. Terms, conditions, provisions and obligations as set forth in City of Aspen Water Main Extension Agreement recorded August 30, 2002 as Reception No. 471765 and First Addendum thereto recorded October 17, 2002 as Reception No. 473593. 6. Terms, conditions, provisions and obligations as set forth in License Agreement recorded October 1, 2002 as Reception No. 472877. T Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Protective Covenants for Top of Mill recorded October 4, 2002 as Reception No. 473073, First Amendment thereto recorded October 18, 2002 as Reception No. 473629, Second Amendment thereto recorded March 13, 2003 as Reception No. 479906 and Third Amendment thereto recorded December 31, 2003 as Reception No. 493046, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin. 1375000v5 2/2/2009 5:00:59 PM RECEPTION #: 556172, li„,43/2009 at 11:03:24 AM, 4 OF 4, tea+ Janice K. Vos Caudill, Pitkin County, CO 8. Terms, conditions, provisions and obligations as set forth in Amended and Restated Grant of Easement recorded March 30,2004 as Reception No, 496015. 9. All matters as disclosed by Survey of Schmueser, Gordon, Meyer dated January 19, 2009 as Job No. 2000- 140.006 -02. All of the foregoing book, page and reception number references refer to the real property records of Pitkin County, Colorado. 1175000 5 2/2 /2(109 5:00:59 I'M RECEPTION #: 560877, /2009 at 02:28:16 PM, 1 OF 23, R $3,1.6.00 Janice K. Vos Cau Pitkin County, CO PREPARED 8Y / RETURN TO (WITH ASSISTANCE OF COLORA DO COUNSEL): Haynes and Boone, LLP 2323 Victory Ave., Suite 700 Dallas, Texas 75219 Attention: Brack Bryant DEED OF TRUST, ASSIGNMENT, SECURITY AGREEMENT AND FIXTURE FILING by Parcel 8 LLC, a Delaware limited liability company, as Grantor, to and In favor of Ptikin County Public Trustee, EIS Trustee, and /lv Bank of America, N.A., lh a national banking association, as Beneficiary (This document serves as a FlMure Fling under Section 49 -502. Colorado Revised Statutes) Grantor's Delaware Organizational Identification Number is: 4644458 Dud oTrot P1/76730_7.00C -1- RECEPTION #: 560877, 02.45/2009 at 02:28:16 PM, 5 OF 23, Janice K. Vos Caudill itkin County, CO upon which the proceeds of the Loan will be disbursed, as the same may from time to time be extended, emended, restated, supplemented or otherwise modified. • Loan Jacnareeti means this Mortgage, the Note, the Guaranty, the Loan Agreement, any Swap Contract, any application or reimbunameM agreement executed in connection with any Letter of Credit, and any and all other documents which Granby, Guarantor or any other party or parties have executed and delivered, or may hereafter execute and deliver, to evidence, secure or guarantee the Obligations, or any part thereof, as the same may from time to time be extended, emended, restated, supplemented or otherwise modified. "Material Adverse Effect" means any change, event, circumstance or effect that has a material adverse effect on one of the following: (a) the business condition (financial or otherwise). operations, properties or prospects of the Grantor, (b) the ability of the Grantor to pay or perform its odlgadona under the Loan Documents, or (c) the value or salability of the Properly, such that it would either diminish the value of the Property as a free - standing parcel or affect the salability of the Property as a residential let. 'Mortaaoe' means this Deed of Trust, Assignment, Security Agreement and Fixture Filing, as the same may from time to time be extended, amended, restated, supplemented or otherwise modified. 'fl" means the Term Note of even date herewith In the original principal amount of Three Million Eight Hundred Thousand and No /100 Dollars (53,800,000.00), as the same may from time to time be extended, amended, restated, supplemented or otherwlse modified. Additionally, the Promissory Note provides that the principal balance evidenced thereby shall bear Interest at a floating rate of Interest subject to change from time to lime. "Meta" means a notice, request, consent, demand or other communication given In accordance with the provisions of Section 9.8 of this Mortgage. ' Obllgations' means all present and future debts, obligations and liabilities of Grantor to Beneficiary and/or Trustee arising pursuant to, and/or on account of, the provisions of this Mortgage, the Note or any of the other Loan Documents, Including the obligations: (a) to pay all principal, interest, late charges, and other amounts due at any time under the Note; (b) to pay all Expenses, indemnification payments, fees and other amounts due at any time under this Mortgage or any of the other Loan Documents, together with interest thereon as herein or therein provided; (c) to pay and perform all obligations of Grantor under any Swap Contract; (d) to perform, observe and comply with all of the other terms, covenants and conditions, expressed or Implied, which Grantor is required to perform, observe or comply with pursuant to this Mortgage or any of the other Loan Documents; and (e) to pay and perform all future advances and other obligations that Grantor or any successor In ownership of all or part of the Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of Beneficiary, when a writing evidences the parties' agreement that the advance or obligation be secured by this Mortgage. 'Permitted Encumbrances' means (a) any matters set forth in any policy of title insurance Issued to Beneficiary and Insuring Beneficiary's interest in the Property which are acceptable to Beneficiary as of the date hereof, (b) the Liens and Interests of this Mortgage, (c) Liens permitted under the Loan Agreement and (d) any other Encumbrance that Beneficiary shall expressly approve in Its reasonable discretion, as evidenced by a 'marked -up' Deed wTwe 0-177157341..D0C $ RECEPTION*: 560877, 07044,5/2009 at 02:28:16 PM, 23 OF 23, Janice K. Vos Caudill ttkan County, CO Legal Description NI that parcel or parcels of real property located in Pitkin County. State ef Colorado, and more particularly described as follows: All of Parcel 8, Top of Mill Subdlvision&PUD, a planned community, according to the Final Plat for Top of Mill Subdivision/AID, a planned community recorded August 18, 2002, Plat Book 82 at Page 4 as Reception No. 471099 and as further defined and described In the Master Declaration of Protective Covenants for Top of Mill recorded October 4, 2002 as Reception No. 473073, the First Amendment thereto recorded October 18, 2002 as Reception No. 473829, Second Amendment thereto recorded March 13, 2003 as Reception No. 479906 and Third Amendment thereto recorded December 31, 2003 as Reception No. 493048. Together with: (I) The easement over Top of Mill Trail granted In Section 2.2(p) of the Subdivision'PUD Agreement for Top of Mill SubdivislonIPUD recorded as Reception No. 471100 . (0) The easements granted In the Declaration, Including the easement over the Private Road and Sidewalk (each as defined therein) recorded as Reception No. 473073. (iii) The easement related to the construction of deflection walls granted In the Amended and Restated Grant of Easement recorded as Reception No. 496015. (iv) The Open Space Easement granted to the owners of parcels In the Top of Mill Subdivision in Notes 8 and 13 of the Plat recorded as Reception No. 471099 (the "Plat"). (v) The easement over Top of Mill Street granted to the owners of parcels In Top of Mill Subdivision in Note 12 of the Plat. (vl) The Sidewalk Easement granted to owners of parcels In Top of Mill Subdivision in Note 24 of the Plat. (v8) Rights under that certain License Agreement recorded es Reception No. 472877. Dwam,W orratoriooc Exit RECEPTION#: 560878, 071x5/2009 at 02:28:17 PM, 1 OF 6, Janice K. Vos Caudill, Pitki; ounty, CO SI UCC FINANCING STATEMENT FOLLOW METRLC IICPS AMR N et} CARE ALLY A wad A NOW Of CONTACT AT FlLER I.p.wl.1 B SENDACi*ODLE iMENF T0. (NNW MS flaws.) n n Haynes and Boone, LLP 2323 Victory Ave., Suite 700 Dallas, Texas 75219 Attention: Brack Bryant L J THE ABOVE SPACE IS FOR NUM OFFICE USE ONLY 1 1. DEBTOR'S EXACT FULL LEGAL NAME -non A y m ow.> nowoact a .M IS) rid ..a a mammas e l. lam It Oar *.7A7KA11 NAME Parcel 8 LLC 19 w4NWALS it NAME FIRST MME MIDDLE TAME SUFFR a rt .c MAW L ACCRUE CITY STATE POSTAL000E =NM • U 301 Commerce Street, Suite 3300 Fort Worth TX 76102 USA M. F i r 111F91.971 .. ,-• R It TY' : ewn 1 1 1...S.. - 1 • •'irf'• to PtRWwTIOUl IOR Ors lo DEBTOR uTE '" IimBed liability Delaware 4644456 ( company 2 . A DDITIONAL DEBTOR'S DU CT FULL LEGAL MAME - n .•Y,m SAW nom• O. a 2131- eland gM•Ar or combs. arras L ORGANIZATIONS MME OR A. INt'DWL'S MST MME FIRST NAME MIDDLE HALM SUFFIX 29. MAILIGAOMESS •TY STATE POSTALCOOE COUNTRY CliGANI .,_tl:ll:.} iNL�v. .G • - .N 'f.. .N. . M TIW 29 M.TTn. I. Ot,InR DEBTOR ZATION S. SECURED PARTY'S NAME (a MME alTOTAL ASSIGNEE al ASSIGNOR S9). wn W/SM.gan P.M am . Da 0 0 9 / M. g1WNITATIOIMS NAME Bank of America. NA. OR 9.. INDNd1AL'S (AST FUME FIRST MME MIDDLE MME SIIFFE XMA ,A*r TY STATE POSIALCODE COUNTRY 500W. 7th Street Fort Worth TX 76102 USA 4. TN. FINANCING STATEMENT earn .a Mown c & t As set forth on Exhibit A attached hereto and made a part hereof. 9 PLTERMTIYE DESIGNATION M.FMnM.I'. LESSEEAESSOR CRLWiIILCCI1IWCR !MLEEAVLOR eELEWOUYER OA DEN NON-UCC FILING S Tri FlMNCRIO STATEMENT N M n Rn pp, nasal la ,.mama M Ma 7. CA•A a REQUEST BEAKS REPORT(0)co m masa Din I p + REAL ESTATE RECORDS. Mato Aa.Y,n 1119001ag41 memo !sc nceAL FEEL PPImmIl SOFT n1ER PMA 17997.1252 DELAWARE SOS FLUNG OFFICE COPY -UCC FINANCINGSTATEMENT (FORM UCCI) (REV. 0522/02) 6I74252E1 1 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: September 21, 2010 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0050.2010.ASLU — 946 S. Mill Street. Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 1) Acceptable disclosure of ownership in the form of a current certificate from a title insurance company or an attorney licensed in Colorado. A special warranty deed does not meet the requirement. 2) A section showing existing grade compared to the finished grade proposed would assist the review body in analyzing the application. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. ❑ Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429 -2759 if you have any questions. T•: You, ^ a iii I LA laI ennifer P 2 , Deputy Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required SPA PUD COWOP Yes No X Subdivision (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No Commercial E.P.F.