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HomeMy WebLinkAboutLand Use Case.855 Moore Dr.A052-00 CASE NUMBER A052-00 PARCEL ID# 2735-141-11110 CASE NAME Five Trees Envelope Adjustment ''t;a /n oo(C,a r. PROJECT ADDRESS Lot 10, Block G, Moore PUD PLANNER James Lindt CASE TYPE Insubstantial PUD Amendment OWNER/APPLICANT Five Trees, Lot 10, LLC. REPRESENTATIVE John Galambos DATE OF FINAL ACTION 4/21/00 CITY COUNCIL ACTION PZ ACTION ADMIN ACTION Plat Recorded &Amen BOA ACTION DATE CLOSED 8/18/00 BY J. Lindt #AT7CELIk?j2'73"5""-'"1"4'1"'1-"1"'1!"1""1"0" 35 141 11110 LIATE RCYf}F 4/24/00 {9DPk1 S( Ci15 #9Q„ YIE Five Trees Envelope Adjustment _ : PLM1'7R Cz Gl.( KG *ttl APDR.ILot 10 Block G Moore PUD CASETYP Insubstantial P amendment STEPS �S APPIFive Trees, Lot 10 L ANN# 308 S Galena C/St, ' Aspen/CO/81611 PHIL.925 6000 E7ET 4John Galambos ADR: 208 Main St. J8JZ Carbondale/CO/816 'I)$i 704 9750 b-U0 480 D 170E ;PEESR V? 650 ,,. . ..: .'1' "3 17E1 ERiGS� t 77EF EY) Ou fMMYE G^,DA ., R B9DY, PH.; . . .)+NOTICED i. titittittt 4: -:< "r : .� p} y{ ' ..... t N YtlYKl'Pt>T�N iYi72)I.S SIT f Gi/#IW 1 she A , r 4-; 0,lY . e #f) f 4 7 AT TLS PN�T{7B7{tPG) AF7NiIN .1. S 7 MEMORANDUM TO: Plans were routed to those departments checked-off below: City Engineer O Zoning Officer O Housing Director O Parks Department O Aspen Fire Marshal O City Water O Aspen Consolidated Sanitation District O Building Department O Environmental Health O Electric Department O Holy Cross Electric O City Attorney O Streets Department O Historic Preservation Officer O Pitkin County Planning FROM: James Lindt, Planning Technician Community Development Department 130 So. Galena St.; Aspen, CO 81611 Phone-920.5104 Fax-920.5439 RE: Lot 10, Block G, Moore Family PUD Insubstantial Building Envelope Adjustment Parcel ID # 2735-141-11-110 DATE: April 27, 2000 COMMENTS: No DRC required unless Engineering requests it. Please return comments to me by May 11. Thank You, James Lindt 130 S. Galena St. Aspen CO 81611 Aspen/Pitkin (970) 920-5090 (970) 920-5439, fax Community Development Department Fax To: J4tA V-0/0mkns From: KS 01AAP, S' Ltui I Fax: 70(1- — O2_27 Pages: Phone: / \ Date: 5/ l `/6n Re: V A/ oorp Pl CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Comments: me *Le_ 0 9-4 cci clickcJ �� (310( )-- for v cocJ cI MEMORANDUM TO: Julie Ann Woods, Community Development Director FROM: James Lindt, Planning Technician RE: Lot 10, Block G, Moore Family PUD Insubstantial Amendment DATE: May 1, 2000 SUMMARY: Five Trees, Lot 10 LLC., represented by Galambos/Muir Architects LLC., has applied for an insubstantial amendment to an approved PUD on Lot 10, Block G of the Moore Family Planned Unit Development. This request is to rotate the existing, platted building envelope approximately 10 degrees to the northeast. The applicant is requesting building envelope adjustment because the original PUD plat shows that lot 10 would only be affected by re-grading for a road cut by 2 feet in the northwest corner of the lot. The re-grading has actually encroached into the existing building envelope by approximately 20 feet in places. Staff has reviewed this proposed amendment and recommends administrative approval by the Director, with conditions. APPLICANT: Five Trees, Lot 10 LLC., Represented by Galambos/Muir Architects. LOCATION: Lot 10, Block G, Moore Family Planned Unit Development. ZONING: R-30 PUD REVIEW PROCEDURE: Insubstantial amendments to an approved PUD may be approved by the Community Development Director, pursuant to Section 26.445.100. STAFF COMMENTS: Review criteria and Staff Findings have been included as Exhibit"A." The application has been included as Exhibit"B." The referral agency comments have been included as Exhibit"C." RECOMMENDATION: Staff recommends the Community Development Director approve this Insubstantial PUD Amendment for an adjustment to the existing building envelope. 1 APPROVAL: I hereby approve this Insubstantial Amendment to the Moore Family PUD as proposed with the following conditions. • 4 date 6:7/2 4 we Ju' Ann Woods, Community Development irector ACCEPTANCE: I, as a person being or representing the applicant, do hereby agree to the condition of this approval and certify the information provided in this application is correct to the best of my knowledge. date John Galambos, representative of Five Trees, Lot 10 LLC. ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Application Exhibit C -- Referral Comments 2 Exhibit A Review Criteria Insubstantial PUD Amendment. 1. A change in the use or character of the development. Staff Finding: With this proposed amendment, the use and intensity remains the same as approved by the original PUD. 2. An increase by greater than three (3) percent in the overall coverage of structures on the land. Staff Finding: There will be no increase in land coverage as a result of the proposed amendment. 3. Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. Staff Finding: Trip generation and demand for public infrastructure are not affected by this change. 4. A reduction by greater than three (3) percent of the approved open space. Staff Finding: The amount of open space will not be reduced by the proposed amendment. 5. A reduction by greater than one (1) percent of the off-street parking and loading space. Staff Finding: The applicant is not requesting an amendment to the existing or required number of parking spaces. 6. A reduction in required pavement widths or rights-of-way for streets and easements. Staff Finding: The applicant is not proposing changes to right-of-way widths. 7. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings. Staff Finding: The applicant is not proposing changes to a commercial building. 8. An increase by greater than one (1) percent in the approved residential density of the development. Staff Finding: The applicant is not proposing a change in the residential density. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a further variation from the project's approved use or dimensional requirements. Staff Finding: The proposed amendment is consistent with the project's original approval. The building envelope is being rotated because the road grading occurred up to 20 feet into the building envelope. There shall not be an increase in the size of the building envelope. In the Moore Family Planned Unit Development, residences are not required to meet the City Residential Design Standards, thus the applicant need not meet Section 26.410.040(A)(1) Building Orientation which possibly would be made impossible by the building envelope rotation. The proposed setbacks for the new building envelope on the northern and southern sides shall be at least 25 feet from the most restrictive point. L)CIIY �' etjw LAND USE APPLICATION _ 110010""er PROJECT: Name: 1Elo AJi 4 Location: &f Io , (�ilecic cc'i / Mme- Fra.i(7 'Pup (Indicate street address, lot& block number, legal description where appropriate) APPLICANT: Name: 'Five 'Trees , tet'. to LCD Address: 3oQ 'No.aj'k 6ci(ewN p As f (4n Phone#: 9Z-5.600 0 REPRESENTATIVE: Name: Jo"- A(c wLos / &cL yes/MMHie a,c j,ircts L( L Address: 20"0 04a i.— Steel-, Cc.,L0., 0.l e, Co S Phone#: —704 .'115 a TYPE OF APPLICATION: (please check all that apply): O Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review ❑ Final PUD(& PUD Amendment) <] Final Historic Development O Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. • GMQS Allotment ❑ Final SPA(& SPA Amendment) ❑ Historic Demolition • GMQS Exemption ❑ Subdivision ❑ Historic Designation 0 ESA- 8040 Greenline, Stream ❑ Subdivision Exemption(includes O Small Lodge Conversion/ Margin,Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split (] Temporary Use ® Other: j..45,4 enAlAl Awet Li Lot Line Adjustment 0 Text/Map Amendment .l° N,xbpe. EXISTING CONDIT/IO/INS: (d`ae-scription of existing buildings, uses, previous approvals, etc.) , " L44 (OL W� 1` . kU 6 ;te; .-` S . &?0411 S ii•ve erc_ ZS re. 4aoie &"'"7 flD PROPOSAL: (description of proposed buildings, uses, modifications, etc.) poeittctiio_, 40 QHvelo1e Ter efi1Le 'lec ,MI e7 . Have you attached the following? FEES DuE: $ [j Pre-Application Conference Summary [✓f Attachment#1, Signed Fee Agreement [Ef Response to Attachment#2, Dimensional Requirements Form [f' Response to Attachment#3, Minimum Submission Contents • Response to Attachment#4, Specific Submission Contents g Response to Attachment#5, Review Standards for Your Application ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of A/splen D11evelopment Application Fees CITY OF ASPEN(hereinafter CITY)and DUH C�lFWN05 (hereinafter APPLICANT)AGREE AS FOLLOWS: 1. APPLICANT has submitted tPp CITY an application for Erlueto re. ad i,.s uaat � Lod 10, $lec& G (.(4m.e- �hi(7 'POD (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 49 (Series of 1998) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they 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 Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of applicattip n completeness, APPLICANT shall pay an initial deposit in the amount of S lig' 0 which is for?- f7� 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. 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 APPLIC• NT By: By l �1/ ie Ann Woods —I(,t/ ro ommunity Development Director Date: Mailing Address: 4Jt 71M u��; A,J4 & €r U'- 70O iry 5-f ace( ' ✓ce( Zav5 <<, c. 81623 ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Project: bkoGOre A�Ns�.el.� ( a4- to t uAa,.c te.w;17 qua Applicant: ,'jcLK (id.14,1,..> Location: (j4- to 1t1oc4 C7 , tuo,,c VeW`(7 "Rip Zone District: Lot Size: b 25'i aces Lot Area: (A coo FAT— (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: Proposed: Number of residential units: Existing: Proposed: Number of bedrooms: Existing: Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: Proposed: Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On-Site parking: Existing: Required: Proposed: % Site coverage: Existing. Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined F/R: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Existing non-conformities or encroachments: Variations requested: favelort A�j esT MT Ter a114.,cU Snivel CERTIFICATE OF OWNERSHIP Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that FIVE TREES LOT 10, LLC, A COLORADO LIMITED LIABILITY COMPANY is the owner's in fee simple of the following described property: LOT 10, BLOCK G, MOORE FAMILY PUD, A PLANNED COMMUNITY, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 10, 1998 IN PLAT BOOK 45 AT PAGE 81. COUNTY OF PITKIN, STATE OF COLORADO Subject to, encumbrances, easements, restrictions and rights of way of record. 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: ' .I/A authorized .2 re CERTIFIED TO: MARCH 20, 2000 @ 8:30 A.M. • 1 111111 11111111111 III I 1111 !11111111111 III 11111 //11 1111 433237 433237 07/12/1999 10:66A WO DAVIS SILV1 TRANSFER DECLARATION RECEIVED 07/12/1999 1 of 3 R 13.00 D 160,00 N 0.00 PITKIN COUNTY CO WARRANTY DEED • THIS DEED, on this day of July 09, 1999 between ZOOM FLUME, L.L.C.. A DELAWARE LIMITED LIABILITY COMPANY of the County of PITKIN and FIVE TREES LOT ID. LLC_ A COLORADO LIMITED LIABILITY COMPANY State of Colorado of the Grantor(s), and • whose :ega l address is , 308 S. GALENA STREET, ASPEN,CO 81611 of the County of PITKIN and State of Colorado , of the Grantee(s): WITNESS, That the Grantor(s), for and in consideration of the sum of ***TEN DOLARS AND OTHER GOOD AND VALUABLE CONSIDERATION*** $10.00 > the receipt and sufficiency of which is hereby acknowledged, has DOLLARS presents does 9 granted, bargained, sold and conveyed, and by these grant, bargain, sell, convey and confirm unto the Gran , his heirs and assigns forever, all the real property, together with improvements, if any, situate, Lying and d being in the PITKIN and State of Colorado, described as follows: County of LOT 10. BLOCK G. THE MOORE FAMILY POD, A PLANNED COMMUNITY, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 10, 1998 IN PLAT BOOK 45 AT PAGE 81. COUNTY OF PITKIN,STATE OF COLORADO I3' GRANTOR, FOR ITSELF, ITS SUCCESSORS AND ASSIGNS, HEREBY RESERVES ALL MINERAL RIGHTS APPURTENANT TO THIS PROPERTY; PROVIDED, HOWEVER, GRANTOR, ITS SUCCESSORS AND ASSIGNS '. MAY NOT UNDERTAKE ANY MINERAL EXPLORATION WHATSOEVER ON THE SURFACE OF THE PROPERTY AND MAY NOT UNDERTAKE ANY MINERAL EXPLORATION UNDER THE PROPERTY, WHICH MIGHT DAMAGE ANY also known as street number VACANT LAND. ASPEN, CO 81611 SURFACE IMPROVEMENTS ON THE PROPERTY. TOGETHER with all and singular and hereditements and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right title interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained premises, with the heredi cements and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s), his heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant, ` bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the time of the ensealing and delivery a of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible s estate of inheritance, in law, in fee simple, and has good right, full power and Lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encurbrances and restrictions of whatever kind or nature soever, EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 1999 AND SUBSEQUENT YEARS, AND EXCEPT THOSE MATTERS AS 1. SET FORTH ON EXHIBIT"A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. The Grantors) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the Grantor(s1 has executed this deed on the date set forth above- ZOOM PLUME, L.L.C., A DELAWARE LIMITED LIABILITY COMPANY . BY:HINES INTERESTS LIMITED PARTNERSHIP, A STATE GF Colorado DELAWARE LIMITED PARTNERSHIP,MANAGING MEMBER county of PITKIN )ss. BY: HINES HOLDINGS,INC., A TEXAS CORPORATION, ± GENERAL PARTN '° .I� /OK apEt :Y:R•tER -. aANI-I.,JR., VIC PR- IDENT II The foregoing instrument was acknowledged before me on this day of July 05/, 1999 by ROBERT E. DANIEL JR. VICE PRESIDENT OF HINES HOLDINGS INC. A TEXAS CORPORATION GENERAL PARTNER OF HINES INTERESTS IMITED P NERSHIP, A DE •WARE LIMITED PARTNERSHIP.MANAGING MBM:=.• FLUME L.L.C. ADELAWAR: u . .ANY - ZOOM My commission expires 08/19/2001 , Q RS Witness my hand and official seal. -'1 ,� s . . . � 'ct o %i No -ublic Name and Address of Person Creating Newly Created Legal Description ( 35 1176.5, C.R.S.) ' sr,•c.• os; Escrow# 0380400 When Recorded Return to: FIVE TREES LOT 10 LL Initrialr I'. Title# 0380400 LIMITED LIABILITY COMPA ' — Form No. 932 Rev 4-94. WARRANTY DEED (For Photographic Record) 308 S. GALENA STREET, ASPEN, • 81611 HBO U1111111111111111111III11111 iiii ull 433237 07/12/1099 10:55A WD DAVIS SILVI 2 of 3 R 15.00 D 155.00 N 0.00 PITKIN COUNTY CO EXHIBIT A THE EFFECT OF INCLUSION IN THE ASPEN FIRE PROTECTION, ASPEN SANITATION, ASPEN SCHOOL, COLORADO MOUNTAIN COLLEGE, COLORADO RIVER WATER CONSERVANCY, ASPEN VALLEY HOSPITAL, ASPEN AMBULANCE, AND PITKIN COUNTY LIBRARY TAX DISTRICTS. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 06, 1890, IN BOOK 55 AT PAGE 9, RECORDED JANUARY 19, 1892 IN BOOK 55 AT PAGE 20, RECORDED NOVEMBER 29, 1892 IN BOOK 55 AT PAGE 34, AND RECORDED AUGUST 26, 1911 IN BOOK 55 AT PAGE 191 TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND RESTRICTIONS AS CONTAINED IN RESOLUTIONS BY THE BOARD OF COUNTY COMMISSIONERS OP PITKIN COUNTY, COLORADO, RECORDED AS FOLLOWS: A. RESOLUTION NO. 95-9 RECORDED FEBRUARY 15, 1995 IN BOOK 774 AT PAGE 50. B. RESOLUTION NO. 95-173 RECORDED OCTOBER 27, 1995 IN BOOK 797 AT PAGE 922 C. RESOLUTION NO. 95-30 RECORDED NOVEMBER 9, 1995 IN BOOK 799 AT PAGE 150 AND RECORDED OCTOBER 25, 1996 UNDER RECEPTION NO. 398334. D. RESOLUTION NO. 97-75 RECORDED MAY 8, 1997 UNDER RECEPTION NO. 404234. E. ORDINANCE NO. 97-13 RECORDED JUNE 10, 1997 UNDER RECEPTION NO. 405216. F. RESOLUTION NO. 98-57 RECORDED APRIL 7, 1998 UNDER RECEPTION NO. 415352. TERMS, CONDITIONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENT RECORDED AUGUST 10, 1998, UNDER RECEPTION NO. 420468. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, AS CONTAINED IN MASTER DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE MOORE FAMILY PUD,A PLANNED COMMUNITY, RECORDED AUGUST 10, 1998 UNDER RECEPTION NO. 420466. DESIGNATION OF SUCCESSOR AND ASSIGNS OF DECLARANT RIGHTS RECORDED AUGUST 11, 1998 UNDER RECEPTION NO. 420552. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLAT OF THE MOORE FAMILY P.U.D., A PLANNED COMMUNITY, RECORDED AUGUST 10, 1998 IN PLAT BOOK 45 AT PAGE 81. TERMS, CONDITIONS AND PROVISIONS OF MASTER DEED RESTRICTIONS POR AFFORDABLE HOUSING RECORDED AUGUST 11, 1998 UNDER RECEPTION NO. 420489. TERMS, CONDITIONS AND PROVISIONS OP MOORE PUD PLANNED UNIT DEVELOPMENT GUIDE RECORDED AUGUST 10, 1998 UNDER RECEPTION NO. 420467. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO. 20, SERIES OF 1997, RECORDED AUGUST 11, 1998 UNDER RECEPTION NO. 420479. EXHIBIT A (Continued) TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 98-40 RECORDED AUGUST 11, 1998 UNDER RECEPTION NO. 420480. TERMS, CONDITIONS, PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS SET FORTH IN CITY OF ASPEN WATER SERVICE AGREEMENT AND ADDENDUM THERETO RECORDED AUGUST 11, 1998 UNDER RECEPTION NO. 420481 AND RECORDED AUGUST I1, 1998 UNDER RECEPTION NO. 420482. TERMS, CONDITIONS. PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS SET FORTH IN CITY OF ASPEN RAW WATER AGREEMENT RECORDED AUGUST 11, 1998 UNDER RECEPTION NO. 420485. TERMS, CONDITIONS, PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS SET FORTH IN CITY OF ASPEN PRETAPPING AGREEMENT RECORDED AUGUST II, 1998 UNDER RECEPTION NO. 420486. TERMS, CONDITIONS, PROVISIONS, EASEMENTS AND RIGHTS OP WAY AS SET FORTH IN COLLECTION SYSTEM AGREEMENT RECORDED AUGUST 11, 1998 UNDER RECEPTION NO. 420487. TERMS, CONDITIONS, PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS SET FORTH IN CITY OF ASPEN PRECONNECTION AGREEMENT RECORDED AUGUST 11, 1998 UNDER RECEPTION NO. 420488. MEMORANDUM OF UNDERSTANDING BETWEEN THE JAMES E. MOORE FAMILY PARTNERSHIP, LLLP, AND ASPEN SCHOOL DISTRICT REGARDING AFFORDABLE HOUSING RECORDED AUGUST 11, 1998 UNDER RECEPTION NO. 420491. EASEMENT AGREEMENT (UTILITY AND DRAINAGE) BETWEEN THE JAMES E. MOORE FAMILY PARTNERSHIP, LLLP, AND THE ASPEN SCHOOL DISTRICT RECORDED AUGUST 11. 1998 UNDER RECEPTION NO. 420477. EASEMENT FOR WATER LINES AND RELATED PURPOSES GRANTED BY THE JAMES E. MOORE FAMILY PARTNERSHIP, LLLP, TO THE CITY OF ASPEN, RECORDED AUGUST 11, 1998 UNDER RECEPTION NO 420478. TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT RECORDED January 11, 1999 AT RECEPTION NO. 426420. TERMS, CONDITIONS, PROVISIONS AND EASEMENTS AS SET FORTH IN AGREEMENTS RECORDED February 08, 1999 UNDER RECEPTION NO. 427473, RECORDED FEBRUARY 8, 1999 UNDER RECEPTION NO. 427474, RECORDED FEBRUARY 8, 1999 UNDER RECEPTION NO. 427475, RECORDED FEBRUARY 8, 1999 UNDER RECEPTION NO. 427476 AND RECORDED FEBRUARY 8, 1999 UNDER RECEPTION NO. 427477. 1111111 11111 111111 III! 1111111111111111! III11111IIII IIII 433237 07/12/1900 10:55A ND DAVIS SILVI 3 of 3 R 15.00 D 156.00 N 0.00 PITKIN COUNTY CO M 0 GALAMBOS / MUIR ARCHITECTS, LLC A R C H I T E C T U R E & P L A N N I N G . 2t 'S �IIDI1t � April 21, 2000 �f litN�F - Cr �'UE I, Frank Goldsmith, 308 South Galena, Aspen Colorado, 81611, 925-6000, Owner of property located at Lot 10,Block G, Moore Family PUD, authorize John Galambos, of Galambos/Muir Architects LLC, 208 Main Street, Carbondale, Colorado, 81623, 704- 9750 to act on my behalf in the application to relocate the Building Envelope as shown on the revised survey dated April 20, 2000 by Schmueser Gordon Meyer, Inc. 411K ' Sir- 'f _i CO Frank . dsmith I �f 11a,: itt...., ate i d 208 MAIN STREET CARBONDALE,COLORADO 81623 PHONE: (970)704-9750 FAX (970)704-0287 E-MAIL: GALAMBOS @SOPRIS.NET 0 N • ■ au limns 1 _©■ Ofleeey Sinn b• MITE Pea FM FOREST TIORNL FOT / ! Ilk ■ - — uw a� 0nre/. Metal •/ an —. . • ill frlrr o Rwo )� Mae o.a Pant- .• IPUIP 4, bah Cork 9brw.d r S O S . dr • s T art erne r • s ♦ J ap. ais .Op 7 • • r Allege sin: Knob MITE RIVER W1T101UL FOREST /i„' Site , °91d Area • I Ski Area r Vicinity Map N. 7:S. GALAMBOS / MUIR ARCHITECTS, LLC A R C H I T E C T U R E & P L A N N I N G April 21, 2000 Insubstantial Amendment to Approved PUD Lot 10, Block G, Moore Family PUD RESPONSE TO ATTACHMENT #5 We are requesting an Insubstantial Amendment to the approved Moore Family PUD. We would like to adjust the location of the Building envelope for the following reason: The existing envelope was located and approved during the Moore Family PUD process. The Northwest corner of the envelope is located 25 feet from the property line, which maintains the front yard setback. The approved plat for the Moore Family PUD shows re-grading of Moore Drive that affects lot 10 in the Northwest corner. The original drawings show the re-grading encroaching on the Northwest corner of the envelope by two feet. However during the construction of the road,the re-grading has encroached the envelope up to 20 feet. We understand that this was done in order to build the road and to maintain a 2:1 ratio on the cut. We are requesting an adjustment to the existing envelope in order to pull the Northwest corner out of the re-graded area. The proposed envelope is shown rotated approximately 10 degrees off of the existing envelope. The proposed envelope maintains the exact same size as the existing envelope. The proposed envelope will allow us to design a house that is not so exposed on the Moore Drive and subsequently from below. Thank you for your considerations on this amendment to the Moore Family PUD. Please call if you have any question. .nc�eree, /' 11phn Galambos, Galambos/Muir Architects,LLC 208 MAIN STREET CARBONDALE,COLORADO 81623 PHONE: (970)704-9750 FAX (970)704-0287 E-MAIL: GALAMBOS @SOPRIS.NET 0 I 1 FROM : GALAMBOS ARCHITECTS IN.. PHONE NO. : 970 704 9750 i Apr. 24 200@ 10:2BAM P2 i I i I ti i.7) / / / / •• If( N 4 \ ///), / / lib i / t: ' , I i G / 4 ill I 11, O 41H 43. f �I ', ✓ i 1 i ! %,- -Y-i',i'pf re 4' 1 4 g-(J ��i�i: kiIJs:k' / / // , 11 ■ V/ Ay ,-, A . lig it 1 lry ill { /1,1,/ i' : Ili(, �/ j i r 4.C) ' , i HI bp- . .1 j' 1 . i 1 _ 1 Iii'i ist- 1 \ klio i : 1 , . 1 , , v, I ritjli- -...i r It 1 I i - A j 111 . id I t 1 . i :T 7. I j ' I 3 1 ! FROM I: GALAMBOS ARCHITECTS INC PHChE NO. : 970 704 9750 Apr. 24 2000 10:27AM P1 ' 1 I M i I I i ( 'M I-co .211 1 7 I I k•• i I N�� eI, . / ':1 � )7$4411 -- / I. ii 1 i ' ri 1 I ZF, ��., ,. 41 \ I , ., i . 3' 75 I Rr . I. i 1 T I 1 -\ -Y 'i 2 J � i x "‘Pis IF 1 1 II $ 11.c e.,.,. s..> \ c _., j e r„t Ct .1...I F J' AFZ , ifia ���I�s li �IF \ 1�1 H cr � ` ! NV P �'U'`' f BC O1N_ E 1 \ \ ' N44; i 82 B. 7 \ \ \ \ \\ I 43 0° \ \\ \ \ 0. \ ' C:c: '#.,:: :: \\ V's. , 1 u V \ \ I k ' iS \ ` Ji7 kY• i -mac I i \ 826\4.OR f MA( ":_+ OE FPI ;AFFIELD HE_HT BASALT p. FILED- CUSTOrtER COPY ARTICLES OF ORGANIZATION VICTOP.IABUCKLEY OF Secretary of State FIVE TREES LOT 10, LLC A COLORADO LIMITED LIABILITY cot C SECRETARY OF STATE The undersigned, being a natural person of eighteen years o®&g@1or16st-r Ar(dMaIng to form a limited liability company under the laws of the State of Colorado, does hereby sign and deliver to the Secretary of State of Colorado these Articles of Organization. ARTICLE I Formation The undersigned organizer certifies that there is at least one (1) member desiringto form a limited liability company. ARTICLE II Name The name of the limited liability company shall be Five Trees Lot 10, LLC (the "Company"). ARTICLE III Duration The period of duration of the Company shall be perpetual. ARTICLE IV Registered Office and Agent The address of the initial registered office of the Company is c/o Garfield sz Hecht P.C., 601 East Hyman Ave., Aspen, Colorado 81611. The name of its initial registered agent at such address is Garfield 8z Hecht P.C. Either the registered office or the registered agent may be changed in the manner provided by law. ARTICLE V Initial Managers The initial managers of the Company shall consist of two (2) managers. The number of managers can be changed by the unanimous consent of the members. All documents executed on behalf of the Company need only be signed by one of the managers. All third parties may rely on documents executed by one of the managers as binding the Company. The names and t7AY '9a 03'5S, i_HFFIEL ■ HECHT EASHLT F.7 addresses of the persons who shall serve as managers until the first annual meeting of members or until their successors are elected and shall qualify are as follows: Name Address Sam Houston 308 South Galena, Aspen, CO 81611 Frank Goldsmith 308 South Galena, Aspen, CO 81611 ARTICLE VI Continuation Upon the death, retirement, resignation, expulsion, bankruptcy or dissolution of a member or the occurrence of any other event which terminates the continued membership of a member of the Company, the remaining members may unanimously agree to continue the business of the Company provided there is at least one remaining member, In the event there is not one remaining member as a result of the death, bankruptcy, or dissolution of the last remaining member, then such deceased, bankrupt, or dissolved member's heirs, personal representative, trustee, successor or directors, may elec.: provide for a substituted member who can then agree to continue the business of the Company. ARTICLE VII Organizer The name and address of the organizer is Chris LaCroix, Garfield 8r Hecht, P.C., 601 East Hyman Avenue, Aspen, Colorado 81611. IN WITNESS WHEREOF, the above-named organizer signed these Articles of Organization, this O s day of Md7 , 1999. Chris La roix The undersigned consents to the appointment as initial registered agent of Five Trees Lot 10, LLC. GARFIELD ex �CCH i, P. By: AP Chris LaCroix M:\dacrolz\Houston a Goldsmith\Moore KID\ArtOB.Loc I0.LLC.wpd 2 ARTICLES OF AMENDMENT TO ARTICLES OF ORGANIZATION OF FIVE TREES LOT 10, LLC, a Colorado limited liability company Pursuant to the provisions of the Colorado Limited Liability Company Act, set forth in Title VII of the Colorado Revised Statutes, hereinafter the "Act," the under signed Company adopts the following Articles of Amendment to its Articles of Organization: ARTICLE I The name of Company is Five Trees Lot 10, LLC (the "Company"). ARTICLE II The following amendment was adopted by the Company pursuant 40 a Resolution adopted by the Manager(s) and approved by the Member(s) on 7--day of GP�,u�__ , 2000, in the manner prescribed by the Act: Article V of the Company's Articles of Organization shall be deleted in its entirety and the following substituted in its place: The affairs of the Company shall be managed by one ( 1 ) manager. The name and address of the initial manager is as follows: Frank Goldsmith 308 South Galena Aspen, Colorado 81611 ARTICLE III Except as amended herein, the original Articles remain in full force and effect. Dated this 7 d ay of , 2000. FIVE TREES,•T 10, LLC �.t/-By: i_ Frank Gol+smith, Manager M:\clacroix\Houston&I•ldsmit Moore KID\XChanges\Amend.Art.Lor I D.wpd rxAlto) 4 "C /� MEMORANDUM To: James Lindt, Planner From: Ben Ludlow, Project Engineer _ Date: May 10, 2000 Re: Moore PUD Lot 10 Building Envelope Adjustment The following information has been provided by the City of Aspen Departments that are involved in all DRC case reviews. 1. A true point of beginning for the survey on the amended plat sheet needs to be shown. This point needs to be tied to a government monument on record. 2. No new setbacks for the proposed building envelope are given on the amended plat. They must be identified before approval. 3. The proposed alteration of the building envelope should not affect the drainage pattern of the lot. This must be noted on the amended plat or in the surveyor's note. f 4. A tree removal permit will be required if there are to be any trees removed within the proposed building envelope. 5. The survey needs to be dated within the last 12 months. COUNTY OF PITKIN ) AFFIDAVIT OF NOTICE PURSUANT )ss. TO ASPEN LAND USE REGULATION STATE OF COLORADO ) SECTION 26.304.060(E) I, JANET RACZAK, being or representing an Applicant to the City of Aspen, personally certify that I have complied with the public notice requirements pursuant to Section 26.304.060(E) of the Aspen Land Use Regulations in the following manner: By mailing of notice, a copy of which is attached hereto, by first-class postage prepaid U.S. Mail to all owners of property within three hundred (300) feet of the subject property, as indicated on the attached list, on the 3' day of March, 2000 (which is 18 days prior to the public hearing date of March 21, 2000). By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the 9th day of March, 2000. A photograph of the posted sign is attached hereto. tL. Raczak net L. Signed before me this 9 day of 01 n&C bF , 2000, by WITNESS my hand and official seal. My Commission expires: t Z/07 I2a'Z • ),-1)5, /i-rile' 4 Notary Public Notary Public's Signature Address: &'j S. 197°AI/h .'f ,t /ai (SEAL) Aspou ('0 S6 b u Moore PUD Posted Public Notice 3/8/00 Entrance from Maroon Creek Road to Maroon Dr. x to f S&xf x$ .SW.xwSR?. "%r°'/FwSak 5 S t .: 5�"aXGtidi..tta7'.17 st x ff.`6"aX1�T .F�.1�11"X FJ .r 0 x 11 11 ip t p {• S y z Moore PUD Public Notice Posted 3/8/00 Moore Drive /'.0. f f 5L 'e. z »4ai®®R.E n".1 ,f ¢,fin yXZ'.3 .” > -i. 5 ' A .1)P tIr t ix F- d fJt WHj �Y� t in r• Moore PUD Public Notice Posted 3/8/00 Entrance As Middle School to pen & Moore PUD from Maroon Creek Road , . ; � y,s,,�, fit,,* y / u - ' „ ' . µ 0 T r • ALLEN GERALD D& ELEANOR AMBER STAR LLC ANDERSON THOMAS J &JEANETTE G TRUSTEES PO BOX 11980 PO BOX 226 0165 HEATHER LN ASPEN CO 81612 ASPEN CO 81612 I V CO 81611 ASPEN HIGHLANDS MOUNTAIN LLC ASPEN SCHOOL DISTRICT ASPEN WINTER SPORTS FOUNDATION PO BOX 1248 0235 HIGH SCHOOL RD INC ASPEN CO 81612 ASPEN CO 81611 PO BOX 00 ASPEN CO 81612 ASTRI CORPORATION AYRES R WILLIAM JR& REBECCA T BAILEY THOMAS H 4701 W COMANCHE AVE 28 LARKSPUR LN 620 E COOPER ST TAMPA FL 33614 ASPEN CO 81611 ASPEN CO 81611 BEEVERS NANCY L TRUST BOWDEN ROBERT BRADFORD DEBORAH 1047 SAXONY DR PO BOX 1470 PO BOX 4856 HIGHLAND PARK IL 60035 ASPEN CO 81612 ASPEN CO 81612 BROWN JOHN H & SOUTHPAC TRUST BURNS SUSAN T TRUST CARIBOU INVESTMENTS LLC INTRNTL 404 GLEN EAGLE DR 2820 PIONEER CLUB RD CO-TRUSTEES- RWKW TRST SETTLMNT ASPEN CO 81611 GRAND RAPIDS MI 49506 OF TRST PO BOX 11150 ASPEN CO 81612 ;ON DOUG M &MARY M CARSON L KELLEY CARTER ELIZABETH UND 30% INT Pt., 0OX 4 PO BOX 8927 PO BOX 1539 ASPEN CO 81612 ASPEN CO 81612 ASPEN CO 81612 CHURCH OF JESUS CHRIST OF LATTER CITY OF ASPEN CLUB PROPERTIES INC DAY STS 130 S GALENA ST A COLORADO CORP C/O REAL ESTATE DIVISION ASPEN CO 81611 1 GROVE ISLE DR SE 1501 50 E N TEMPLE MIAMI FL 33133 SALT LAKE CITY UT 84150 COLORADO MOUNTAIN COLLEGE CRAIG JAMES P CROWN A STEVEN ATTN DEAN OF FINANCE& BUDGETS POLO CLUB LN CROWN NANCY C AS JT TENANTS PO BOX 10001 DENVER CO 80209 222 N LASALLE ST#2000 GLENWOOD SPRINGS CO 81602 CHICAGO IL 60601 DAKS CALVIN Z DOREMUS ANDREW J &JEANNE C DUFFEY MARY A 78.107% 889 S STARWOOD DR PO BOX 3652 ASPEN CO 81611 85 GLEN GARRY DR ASPEN CO 81612 ASPEN CO 81611 RA JAMES & MARION FIVE TREES HOLDINGS LLC FIVE TREES INVESTMENTS LP , NORTH ST 132 W MAIN ST STE A 200 CONCORD PLAZA DR#710 ASPEN CO 81611 ASPEN CO 81611 SAN ANTONIO TX 78216 • FIVE TREES LOT 10 LLC FIVE TREES LOT 11 LLC FIVE TREES LOT 15 LLC 308 S GALENA ST 308 S GALENA ST 308 S GALENA ST P^^PN CO 81611 ASPEN CO 81611 ASPEN CO 81611 FIVE TREES LOT 23 LLC FIVE TREES LOT 25 LLC FIVE TREES LOT 26 LLC 308 S GALENA ST 308 S GALENA ST 308 S GALENA ST ASPEN CO 81611 ASPEN CO 81611 ASPEN CO 81611 FIVE TREES LOT 27 LLC FIVE TREES LOT 3 LLC FIVE TREES LOT 4 LLC 308 S GALENA ST 308 S GALENA ST 308 S GALENA ST ASPEN CO 81611 ASPEN CO 81611 ASPEN CO 81611 FLEISHER DAVID M FRAMPTON GEORGE T JR FRANCIS JUDI B BERKO GINA R CIO US DEPT OF THE INTERIOR 201 HEATHER LN 292 GLEN EAGLES DR 3215 NEWARK ST NW ASPEN CO 81611-3347 ASPEN CO 81611 WASHINGTON DC 20008 FYRWALD ERNST R GASTON PAUL E & DANA H GERSCHEL CHRISTINE A 1265 MTN VIEW DR 16 BRYNWOOD LN PO BOX 2985 ASPEN CO 81611 GREENWICH CT 06831 ASPEN CO 81612 ICHARD GLICK FAMILY TRUST GODFREY H LEE&SANDRA S Pi, aOX 242 1033 MAYBROOK DR 1000 LOUISIANA ST STE 5100 ASPEN CO 81612 BEVERLY HILLS CA 90210 HOUSTON TX 77002-5013 GOTTLIEB HOWARD L TRUST 50% GREENWAY MARY CONOVER HALL CHARLES E & DEBORAH A 101 N WACKER DR CM-201 259 GLEN EAGLES DR PO BOX 10122 CHICAGO IL 60606 ASPEN CO 81611 ASPEN CO 81612 HALL NANCY TATE HAMPEL WALTER F HARDY GORDON A 32.92% PO BOX 1819 290 HEATHER LN PO BOX 1108 ASPEN CO 81612-1819 ASPEN CO 81611 ASPEN CO 81612 NINES HIGHLANDS LIMITED NUTTER PETER 25% IES EXCHANGE PROPERTIES III LLC PARTNERSHIP 161 WESTVIEW DR 6 TEJON ST STE 650 426 E MAIN ST ASPEN CO 81611 COLORADO SPRINGS CO 80903 ASPEN CO 81611 JS JANE JOHN JITKOFF JULIA A 16% JONES WHIPPLE VAN NESS TRUST F iX 4152 HJAJ TRUST A 44% 0335 GLEN EAGLES DR ASPEN CO 81612 PO 80X193 ASPEN CO 81611 KINGSVILLE TX 78363 • KOBACKER JEFFREY M LATHROP TAD N & STEPHANIE M LEMONS THOMAS E& CHERYL D KOBACKER CARMEN G PO BOX 2779 DUBRULE 205 GLEN EAGLES DR ASPEN CO 81612 187 HEATHER LN N CO 81611-3302 ASPEN CO 81611 LOT 19 FIVE TREES LLC MEADOWOOD HOMEOWNERS MEEKER RICHARD J &ALLISON D C/O B JOSEPH KRABACHER ESQ ASSOCIATION 0752 MEADOWOOD DR 201 N MILL ST STE 201 PO BOX 8774 ASPEN CO 81612 ASPEN CO 81611 ASPEN CO 81612 MEISTER JEROME A MOLLER DIANE T MOORE ALBERTA L PERS RES TRUST PO BOX 10112 0280 GLEN EAGLES DR PO BOX 126 ASPEN CO 81612 ASPEN CO 81611 WOODY CREEK CO 81656 MOORE FAMILY PUD MASTER ASSOC MORTON RICHARD & HELEN MURPHY RICHARD P& MARY K INC 180 SOLANO PRADO 6720 DAVENPORT ST C/O KAUFMAN & PETERSON PC MIAMI FL 33156-2350 OMAHA NE 68132 315 E HYMAN#305 ASPEN CO 81611 MUSIC ASSOCIATES OF ASPEN INC NORTHCASTLE INC PAPPER PATRICIA 2 MUSIC SCHOOL RD C/O GEORGE MC GRATH 1 GROVE ISLE DR STE 1501 ASPEN CO 81611-8500 PO BOX 301 MIAMI FL 33133 ASPEN CO 81612 =R DAVID W& ELIZABETH VINEY PATRICK KEVIN L PAYNE MARYBELLE R 74.. 11IEADOWS RD 730 E DURANT ST PO BOX 9878 ASPEN CO 81611 ASPEN CO 81611 ASPEN CO 81612 PEDERSEN TAGE& PAULINE L PHILLIPS PAMELA PITKIN COUNTY 0701 MEADOWOOD DR PO BOX 11257 530 E MAIN ST STE 302 ASPEN CO 81611 ASPEN CO 81612 ASPEN CO 81611 POLLOCK PERRY H RICHARDS CHARLES F JR TRUSTEE RIVA II LLC P 0 BOX 950 2204 N GRANT AVE PO BOX 10577 ASPEN CO 81612 WILMINGTON DE 19806 ASPEN CO 81612 RK LAND &CATTLE COMPANY LLC RUBIN NANCY HIRSCH QUAL PERS RUMSEY BRONSON C& DIANA S TRUST 420 E MAIN ST STE 204 C/O NEXT CENTURY COMMUNICATIONS PO BOX 7787 ASPEN CO 81611 ASPEN CO 81612 1400 KEY BLVD 1ST FL ARLINGTON VA 22209 CLIFFORD R SANGER MARIUS & CLARE SCHUMACHER BARRY LEE&JUDY M t _X 5481 133 BLUEBONNET TR 0115 GLEN EAGLE DR SNOWMASS VILLAGE CO 81615 ASPEN CO 81611-3326 ASPEN CO 81611 • SCHWEPPE DAVID P SEAGULL LTD SECRIST MARYELLEN D SCHWEPPE VALERIE G 4109 TAMWORTH RD 174 LARKSPUR LN 0750 MEADOWOOD DR FORT WORTH TX 76116 ASPEN CO 81611 AI CO 81611 SMART EDWIN J TERRAL W TIMOTHY WACHNER LINDA J PO BOX 799 PO BOX 3595 200 E 65TH ST ASPEN CO 81612 ASPEN CO 81612 NEW YORK NY 10021 WALTER WILLIAM C & SUSAN COLBY WARD CRAIG C & REBECCA B WHISTON MARK B 2499 PILGRIM HIGHWAY 1599 JUNIPER HILL RD 269 MADISON ST FRANKFORT MI 49635 ASPEN CO 81611 DENVER CO 80206 WHITMAN WAYNE & FRAN WHITSELL TRUST WILSON ROBERT E& LU LYNN PO BOX 457 C/O NORTHERN TRUST BANK PO BOX 8425 CLEARWATER FL 33757-0457 50 S LASALLE ST ASPEN CO 81612 CHICAGO IL 60675 WILTON ALICE ELIZABETH WISE MARY 31/32 ZOOM FLUME LLC 1550 N ST PKWY 0252 HEATHER LN ATTN: DAVID PARKER CHICAGO IL 60610 ASPEN CO 81611 426 E MAIN ST ASPEN CO 81611 rrn-arC000 NUN 11.uo Rh FM NU. r. UL/U4 PUBLIC NOTICE RE: MOORE FAMILY PLANNED UNIT DEVELOPMENT(PUD) AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on March 21, 2000 at a meeting to begin at 4:30 P.M.before the Aspen Planning and Zoning Commission, Sister Cities Room,City Hall 130 South Galena,Aspen,to consider an application submitted by Zoom Flume LLC. (represented by Davis Horn Inc.)requesting an amendment to the Moore Family Planned Unit Development to amend the grading and drainage plans,alter building envelopes, and change the allowable height of the ski lift towers. The Property is commonly known as the Moore Property, and is located just east of Aspen High School. For further information contact Nick Lelack at the Aspen/Pitkin County Community Development Department,.130 South Galena St., Aspen, CO(970) 920-5095. S/Bob Blaichb Chair Aspen Planning and Zoning Commission Published in the Aspen Times on March 3,2000 City of Aspen Account • CONCEPTUAL PUD The purpose of a hearing before P & Z at conceptual is to determine if the application meets the standards for a PUD. The P & Z may by resolution approve, approve with conditions, or disapprove the conceptual development plan for the PUD. Planned Unit Development A development application for a PUD must comply with the following standards and requirements: 1. General Requirements: A. The proposed development shall be consistent with the Aspen Area Community Plan. B. The proposed development shall be consistent with the character of the existing land uses in the surrounding area. C. The proposed development shall not adversely affect the future development of the surrounding area. D. Final approval shall only be granted to the development to the extent to which GMQS allotments are obtained by the applicant. 2. Density: A. The maximum density shall be no greater than that permitted in the underlying zone district. Furthermore,densities may be reduced if: 1. There is not sufficient water pressure and other utilities to serve the proposed development; 2. There are not adequate roads to ensure fire protection, snow removal and road maintenance to the proposed development; 3. The land is not suitable for the proposed development because of slope, ground instability, and the possibility of mud flow,rockfalls and avalanche dangers; 4. The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion and consequent water pollution; 5. The proposed development will have deleterious effect on air quality in the surrounding area and the city; or 6. The design and location of any proposed structure,road, driveway,or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. Staff Comments 1 B. Reduction in density for slope consideration. I. In order to reduce wildfire,mudslide, and avalanche hazards; enhance soil stability; and guarantee adequate fire protection access,the density of a PUD shall also be reduced in areas with slopes in excess of twenty(20)percent in the following manor: a. For lands between zero(0)and twenty(20)percent slope, the maximum density allowed shall be that permitted in the underlying zone district. b. For lands between twenty-one(21)and thirty(30)percent slope,the maximum density allowed shall be reduced to fifty(50)percent of that permitted in the underlying zone district. c. For lands between thirty-one(31)and forty(40)percent slope,the density shall be reduced to twenty-five(25)percent of that allowed in the underlying zone district. d. For lands in excess of forty(40)percent slope,no density credit shall be allowed. 2. Maximum density for the entire parcel on which the development is proposed shall be calculated by each slope classification,and then by dividing the square footage necessary in the underlying zone district per dwelling unit. 3. For parcels resting in more than one(1)zone district,the density reduction calculation shall be performed separately on the lands within each zone district. 3. Land Uses. The land uses permitted shall be those of the underlying zone district. Detached residential units may be authorized to be clustered in a zero lot line or row house configuration, but multi-family dwelling units shall only be allowed when permitted in the underlying zone district. 4. Dimensional Requirements. The dimensional requirements shall be those of the underlying zone district, provided that variations may be permitted in the following: a. Minimum distance between buildings; b. Maximum height(including viewplanes); c. Minimum front yard; d. Minimum rear yard; e. Minimum side yard; f. Minimum lot width; g. Minimum lot area; h. Trash access area; i. Internal floor area ratio;and j. Minimum percent open space. Staff Comments 2 If a variation is permitted in minimum lot area,the area of any lot may be greater or less than the minimum requirement of the underlying zone district,provided that the total area of all lots,when averaged, at least equals the permitted minimum for the zone district. Any variation permitted shall be clearly indicated on the final plat development plan. 5. Off-street parking. The number of off-street parking spaces may be varied from that required in the underlying zone district based on the following considerations: a. The probable number of cars used by those using the proposed development. b. The parking need of any nonresidential units. c. The varying time periods of use,whenever joint use of common parking is proposed. d. The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. e. The proximity of the proposed development to the commercial core or public recreational facilities in the city. Whenever the number of off-street parking spaces is reduced,the City shall obtain assurance that the nature of the occupancy will not change 6. Open Space. The Open Space requirement shall be that of the underlying zone district. However, a variation in minimum open space may be permitted if such variation would not be detrimental to the character of the proposed PUD, and if the proposed development shall include open space for the mutual benefit of all development in the proposed PUD through a common park or recreation area. An area may be approved as a common park or recreation area if it: a. Is to be used and is suitable for scenic, landscaping, or recreation purposes; and b. Is land which is accessible and available to all dwelling units or lots for whom the common area is intended. A proportionate, undivided interest in all common park and recreation areas shall be deeded in perpetuity to each lot or dwelling unit owner within the planned unit development(PUD), together with a deed restriction against future residential, commercial,or industrial development. Any plan for open space shall also be accompanied by a legal instrument which ensures the permanent care and maintenance of open spaces, recreation areas, and communally owned facilities. 7. Landscape Plan. There shall be approved as part of the final development plan a landscape plan,which exhibits a well designated treatment of exterior spaces. It shall provide an ample quantity and variety of ornamental plant species that are regarded as suitable for the Aspen area climate. Staff Comments 3 8. Architectural Site Plan. There shall be approved as part of the final development plan an architectural site plan,which ensures architectural consistency with the proposed development, architectural character, building design, and the preservation of the visual character of the City. It is not the purpose of this review that control of architectural character be so rigidly enforced that individual initiative is stifled in the design of a particular building, or substantial additional expense is required. Architectural • character is based upon the suitability of a building for its purposes, upon appropriate use of materials, and upon the principles of harmony and proportion of the buildings with each other and surrounding land uses. Building design should minimize disturbances to the natural terrain and maximize the preservation of existing vegetation, as well as enhance drainage and reduce soil erosion. 9. Lighting. All lighting shall be arranged so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. 10. Clustering. Clustering of dwelling units is encouraged. 11. Public facilities. The proposed development shall be designed so that adequate public facilities will be available to accommodate the proposed development at the time development is constructed, and that there will be no net public cost for the provision of these public facilities. Further, buildings shall not be arranged such that any structure is inaccessible to emergency vehicles. 12. Traffic and pedestrian circulation. a. Every dwelling unit, or other land use permitted in the planned unit development(PUD) shall have access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. b. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movement and minimum hazards to vehicular or pedestrian traffic. Minor streets within the Planned Unit Development(PUD)shall not be connected to streets outside the development so as to encourage their use by through traffic. c. The proposed development shall be designed so that it will not create traffic congestion on the arterial and collector roads surrounding the proposed development, or such surrounding collector and arterial roads shall be improved so that they will not be adversely affected. d. Every residential building shall not be farther than sixty(60)feet from an access roadway or drive providing access to a public street. e. All nonresidential land use within the planned unit development(PUD)shall have direct access to a collector or arterial street without creating traffic hazards or congestion on any street. Staff Comments 4 f Streets in the planned unit development(PUD)may be dedicated to public use or retained under private ownership. Said streets and associated improvements shall comply with all pertinent city regulations and ordinances. Subdivision A development application for subdivision review shall comply with the following standards and requirements: 1. General Requirements. a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. b. The proposed subdivision shall be consistent with the character of existing land uses in the area. c. The proposed subdivision shall not adversely affect the future development of surrounding areas. d. The proposed subdivision shall be in compliance with all applicable requirements of this title. 2. Suitability of land for subdivision. a. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography, or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. b. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. 3. Improvements. a. Required improvements. The following shall be provided for the proposed subdivision. 1. Permanent survey monuments, range points, and lot pins. 2. Paved streets, not exceeding the requirements for paving and improvements of a collector street. 3. Curbs, gutters, and sidewalks. 4. Paved alleys. 5. Traffic-control signs, signals, or devices. 6. Street lights. Staff Comments 5 7. Street name signs. 8. Street trees or landscaping. 9. Water lines and fire hydrants. 10. Sanitary sewer lines. 11. Storm drainage improvements and storm sewers. 12. Bridges and culverts. 13. Electrical lines. 14. Telephone lines. 15. Natural gas lines. 16. Cable television lines. b. Approved plans. Construction shall not commence until on any of the improvements required by this Section 26.88.040(C)(3)(a) until a plan, profile, and specifications have been received and approved by the City Engineer and, when appropriate, the relevant utility company. c. Oversize Utilities. In the event oversized utilities are required as a part of the improvements, arrangements for reimbursement shall be made whereby the subdivider shall be allowed to recover the cost of the utilities that have been provided beyond the needs of the subdivision. 4. Design Standards. The following design standards shall be required for all subdivisions. a. Street and related improvements. the following standards shall apply to streets regardless of type or size, unless the street has been improved with paving, curb, gutter, and sidewalk. 1. Conform to plan for street extension. Streets shall conform to approved plans for street extensions and shall bear a logical relationship to the topography and to the location of existing or planned streets on adjacent properties. 2. Right-of-way dedication. Right-of-way shall be dedicated for the entire width for all local, collector, and arterial streets. 3. Right-of-way width. Streets and alley right-of-way widths, curves and grades shall meet the following standards: Street MM. Curve ROW Max% Class. Radius Width Grade Local 100 60 10 Collector 250 80 6 Arterial 625 100 5 Alley 50 20 5 4. Half-street dedications. Half-street dedications shall be prohibited unless they are for the purpose of increasing the width of an inadequate existing right-of-way. 5. Street ends at subdivision. When a street is dedicated which ends on the subdivision, the last foot of the street on the terminal end or outside perimeter of the subdivision shall be dedicated to the City of Aspen in fee simple and shall be designated by using outlot(s). The City shall use the dedicated land for public road and access purposes. Staff Comments 6 6. Cul-de-sacs. Cul-de-sacs shall not exceed four hundred (400) feet in length and shall have a turnaround diameter of one-hundred(100)feet. A cul-de-sac of less than two hundred(200) feet in length in a single- family detached residential area does not require a turnaround if the City Engineer determines a"T,""Y" or other design is adequate turnaround for the vehicles expected to use the cul-de-sac. 7. Dead-end streets. Dead-end streets, except for cul-de-sacs, shall be prohibited unless they are designed to connect with future streets on adjacent lands that have not been platted. In cases where these type dead-end streets are allowed, a temporary turnaround of one hundred (100) feet shall be constructed. 8. Centerline offset. Streets shall have a centerline offset of at least one hundred and twenty-five (125)feet. 9. Reverse curves. Reverse curves on arterial and collector streets shall be joined by a tangent of at least one hundred(100) feet in length. 10. Changes in street grade. All changes in street grades shall be connected by vertical curves of a minimum length in feet equivalent to the following appropriate "K"value multiplied by the algebraic difference in the street grades. Street Classification: Local Collector Arterial "K"Value for: Crest vertical curve 28 16 55 Sag vertical curve 35 24 55 11. Alleys. Alleys shall be provided in subdivisions where commercial and industrial development is expected, except when other provision are made and approved for service access. 12. Intersections. Intersections shall approximate right angles and have a minimum tangent of fifty(50) feet on each leg. The subdivision design shall minimize the number of local streets that intersect arterial streets. 13. Intersection grade. Intersection grades shall not exceed four(4) percent for a minimum distance of one hundred (100) feet on each leg. Flatter grades are desirable. 14. Curb return radii. Curb return radii for local street intersections shall be fifteen (15) feet. Curb return radii and corner setbacks for all other types of intersections shall be based upon the expected types of vehicle usage, traffic volumes, and traffic patterns using accepted engineering standards. In case of streets which intersect at acute angles, appropriate increases in curb return radii shall be made for the necessary turning movements. 15. Turn by-passes and turn lanes. Right-turn by-passes or left-turn lanes shall be required at the intersection of arterial streets or the intersection of an arterial street and a collector street if traffic conditions indicate they are needed. Sufficient right-of-way shall be dedicated to accommodate such lanes when they are required. 16. Street names and numbers. When streets are in alignment with existing streets, any new street shall be named according to the street with which they correspond. Street which do not fit into an established street- naming pattern shall be named in a manner which will not duplicate or be confused with existing street names within the City or its environs. Staff Comments 7 Street numbers shall be assigned by the City Building Inspector in accordance with the City numbering system. 17. Installation of curb, gutter sidewalks, or driveways. No finish paving, curb, gutter, sidewalk, or driveways shall be constructed until one year after the installation of all subsurface utilities and improvements. 18. Sidewalks. Sidewalks shall be eight(8) feet wide in the Commercial Core (CC), Commercial (C1),Neighborhood Commercial(NC), and Commercial Lodge (CL)Zone Districts and five (5)feet wide in all other zone districts where sidewalks are required. Consideration shall be given to existing and proposed landscaping when establishing sidewalk locations. 19. City specifications for streets. All streets and related improvements shall be constructed in accordance with City specifications which are on file in the office of the City Engineer. 20. Range point monuments. Prior to paving any street, permanent range point monuments meeting the standards of Section 26.88.040(C)(4)(d) shall be installed to approximately finish grade. Permanent range point boxes shall be installed during or a soon as practicable after paving. 21. Street name signs. Street name signs shall conform to the type currently in use by the City. 22. Traffic Control signs. Any required traffic-control signs, signals, or devices shall conform to the "Manual of Uniform Traffic Control Devices." 23. Street lights. Street lights shall be placed at a maximum spacing of three hundred (300) feet. Ornamental street light are desirable. 24. Street tree. One street tree of three-inch caliper for deciduous trees measured at the top of the ball or root system, or a minimum of six-foot height for conifers, shall be provided in a subdivision in residential zone districts for each lot of seventy(70) foot frontage or less, and at least two (2) such trees shall be provided for every lot in excess of seventy(70) feet frontage. Corner lots shall require at least one tree for each street. Trees shall be placed so as not to block sight distances at driveways or corners. The City Parks and Recreation Department shall furnish a list of acceptable trees. Trees, foliage, and landscaping shall be provided in subdivisions in all other zone districts in the City in accordance with the adopted street landscaping plan. b. Easements. 1. Utility easements. Utility easements often ten (10) feet in width on each side of all rear lot lines and five (5)feet in width on each side of lot lines shall be provided where necessary. Where the rear or side lot lines abut property outside of the subdivision on which there are no rear or side lot line easements at least five (5)feet in width, the easements on the rear and side lot lines in the subdivision shall be between twenty(20) feet and ten (10) feet in width, respectively. 2. "T" intersections and cul-de-sacs. Easements twenty (20) feet in width shall be provided in "T" intersections and cul-de-sacs for the continuation of utilities or drainage improvements, if necessary. Staff Comments 8 3. Potable water and sewer easements. Water and sewer easements shall be a minimum of twenty(20)feet in width. 4. Planned utility or drainage system. Whenever a subdivision embraces any part of a planned utility or drainage system designated on an adopted plan, an easement shall be provided to accommodate the plan within the subdivision. 5. Irrigation ditch, channel natural creek. Where an irrigation ditch or channel, natural creek or stream traverses a subdivision, an easement sufficient for drainage and to allow for maintenance of the ditch shall be provided. 6. Fire lanes and emergency access easements. Fire lanes and emergency access easements twenty(20)feet in width shall be provided where required by the City Fire Marshal. 7. Planned street or transit alignment. Whenever a subdivision embraces any part of an existing or planned street or transit alignment designated on an adopted plan, an easement shall be provided to accommodate the plan with the subdivision. 8. Planned trail system. Whenever a subdivision embraces any part of a bikeway, bridle path, cross country ski trail or hiking trail designated on the Aspen Area Comprehensive Plan: Parks/Recreation/Open Space/Trails Plan Map, an easement shall be provided to accommodate the plan within the subdivision. c. Lots and blocks. d. Survey Monuments. 1. Location. The external boundaries of all subdivisions, blocks and lots shall be monumented on the ground by reasonably permanent monuments solidly embedded in the ground. These monuments shall be set not more than fourteen hundred (1400)feet apart along any straight boundary line, at all angle points, and at the beginning, end, and points of change of direction or change of radius of any curved boundaries. 2. C.R.S. 1972 38-51-101. All monuments shall be set in accordance with the provisions of C.R.S. 1973 38-51-101, as amended from time to time, unless otherwise provided for in this title. 3. Range points and boxes. Range points and boxes meeting City specifications shall be set on the centerline of the street right-of-way unless designated otherwise. c. Utilities. 1. Potable waterline and appurtenances. All potable waterlines, fire hydrants and appurtenances shall meet the City's standards on file in the City Engineer's office. Staff Comments 9 2. Size of waterlines. All potable water lines shall be at least eight(8) inches in size unless the length of the line is less than two hundred (200) feet. Where the potable waterline is less than two hundred (200) feet in length, its minimum size shall be six(6) inches in width. 3. Fire hydrants. Fire hydrants shall be spaced no farther apart than five hundred(500)feet in detached residential and duplex subdivisions. Fire hydrants shall be no farther apart than three hundred fifty(350) feet apart in multi-family residential, business, commercial, service, and industrial subdivisions. 4. Sanitary sewer. Sanitary sewer facilities shall meet the requirements of the Aspen Consolidated Sanitation District. 5. Underground utilities. All utilities shall be placed underground, except transformers, switching boxes, terminal boxes, meter cabinets, pedestals, and ventilation ducts. 6. Other utilities. Other utilities not specifically mentioned shall be provided in accordance with the standards and regulations of the applicable utility department or company. 7. Utilities stubbed out. All utilities shall be stubbed out at the property lines of lots. f. Storm Drainage g. Flood hazard areas. h. The design and location of any proposed structure, building envelope, road, driveway, trail, or other similar development is compatible with significant natural or scenic features of the site. i. Variations of design standards. Variations from the provisions of this section, "Design Standards,"may be granted by special review as provided for in Chapter 26.64. 5. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.48, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.100, Growth Management Quota System. 6. School land dedication standards. c. Dedication Schedule. Staff Comments 10 1. Land Dedication. School land dedications shall be assessed according to the following schedule: Unit Type Land Dedication Standard Dormitory .0000 acres (0 sq., ft.) Studio/One bedroom .0012 acres(52 sq. ft.) Two bedroom .0095 acres (416 sq. ft.) Three bedroom .0162 acres (707 sq. ft.) Four bedroom .0248 acres (1081 sq. ft.) Five bedroom .0284 acres (1236 sq. ft.) 2. Cash-in-lieu payment. An applicant may make a cash payment in-lieu of dedicating land to the City, or make a cash payment in combination with a land dedication, to comply with the standards of this section. Because the cost of subdivided land in the City of Aspen, the School District and Aspen have decided to require payment of a cash-in-lieu amount which is less than the full market value of the land area. The formula to determine the amount of cash-in-lieu payment for each residential dwelling unit is as follows: Market value of land x applicable land dedication standard x 0.33 =cash payment. Payment of cash-in-lieu of a land dedication shall be made to the City prior to and on a proportional basis to the issuance of any building permits for the residential dwellings. REZONING: Section 26.92.020, Standards Applicable to Rezoning In reviewing an amendment to the official zone district map, the City Council and the Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses,considering existing land use and neighborhood characteristics. D. The effect of the proposed amendment on traffic generation and road safety. Staff Comments 11 E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to,transportation facilities, sewage facilities, water supply,parks,drainage, schools,and emergency medical facilities. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. I. Whether the proposed amendment would be in conflict with the public interest,and is in harmony with the purpose and intent of this title. OFF-STREET PARKING REQUIREMENTS No development subject to special review shall be permitted unless the Commission makes a determination that the proposed development complies with all standards set forth below. B. Off-street parking requirements. Whenever off-street parking requirements of a proposed development are subject to establishment and/or mitigation via a payment in lieu by special review, the development application shall only be approved if the following conditions are met: l. In all zone districts where the off-street parking requirements of a proposed development are subject to establishment and/or mitigation by special review,the applicant shall demonstrate that the parking needs of the residents, customers, guests, and employees of the project have been met, taking into account potential uses of the parcel,the projected traffic generation of the project,the projected impacts onto the on-street parking of the neighborhood, its proximity to mass transit routes and the downtown area, and any special services, such as vans, provided for residents, guests, and employees. Staff Comments 12 ACTION: Amendment to the Land Use Code Standards applicable to a land use code text amendment: A. Whether the proposed amendment is in conflict with any applicable portions of this title. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. D. The effect of the proposed amendment on traffic generation and road safety. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities,water supply, parks, drainage, schools, and emergency medical facilities. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. ACTION: Amendment of PUD Development Order Required for: Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. The amendment must be a clarification or a technical correction of a plat. The amendment must not change the use of the proposed development between residential, commercial and tourist accommodation uses. The amendment must be consistent with action taken during the review of the original development acitivity. The proposed activity does not: Change the basic character of the approved use of land on which the activity occurs including basic visual appearance and method of operation; Increase off-site impacts in the surrounding neighborhood. Endanger the public health, safety or welfare; Substantially increase the need for on-site parking or utilities, or affect affordable housing mitigation, and Increase the floor area of the use by more than two percent or decrease open space on the site by more than three percent.