HomeMy WebLinkAboutLand Use Case.420 Thunder Bowl Ln.A079-03
CASE NUMBER
PARCEL ID #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER! APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
A079-03
2735-143-10001
Tamer Final PUD
420 Thunderbowl Ln
James Lindt
Final PUD
Anthony Tamer
Lipkin Warner Design & Planning
01/13/04
DENI ED RESO 2-2004
ENFORCEMENT L TR
2/03/04
D DRISCOLL
~
2.-2J5CLf
"!I<€ffe/t~ IJ.,v/lfeYj
~
January 28,2004
,
Anthony Tamer
C/o Michael Thompson
Lipkin Warner Design and Planning
23400 Two Rivers Rd. Suite 44
Basalt, CO 81621
ASPEN jPITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
RE: 420 Thunderbowl Lane Building Envelope Violation
Dear Mr. Tamer,
I am writing this letter as a result of the Planning and Zoning Commission's action that
denied your building envelope adjustment request at 420 Thunderbowl Lane. As you are
aware; a mechanical vault was built outside of the designated building envelope on, your
property, which.is a violation of the Aspen Highlands Village PUD regulations. Given
that the Planning and Zoning Commission denied your request to legalize the vault, the
violation must be remedied.
In speaking with your representative; Michael Thompson-, it was expressed that you
would need uI;1til at least May 1 st to remove and properly re-vegetate the area. The
Community Development Staff concurs that a compliance date of May 1 st is appropriate
to remqve the vault and properly re-vegetate the a:reain which the vault was built. That
being the case, this letter shall serve 'as notice. that the mechanical vault must be removed
and that the area from which the vault is to be removed must be properly re-vegetated to
. the satisfaction of the City, of Aspen Parks Department prior to May 1 st. If you have any
questions or comments in regards to this matter please call me at 920-5095.
Regards,
~-
James Lindt,. .
Planner
City of Aspen
130 SOUTH GALENA STRE,ET . ASPEN, COLORADO 81611-1975 . PHONE 970.920.5090 . FAX 970.920.5439
Printed on Recycled Paper
~
130 8. Galena 8t.
Aspen CO 81611
(970) 920-5090
(970) 920-5439, fax
Aspen Community
Development
Department
Fax
To: Michael Thompson From: James Lindt
Fax: 927-8487 Pages:
Phone: Date: 1/28/04
Re: 420 Thunderbowl Lane cc:
o Urgent
D For Review
o Please Comment DPleas~ Reply
o Please Recycle
. Comments:
~
":~
RESOLUTION NO.2
(SERIES OF 2004)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION DENYING A PUD AMENDMENTREQtJESTTOAMENDTHE .
BUILDING ENVELOPE ON LOT 1, BLOCK G, OF TIlE XSPENHiGHLANDS
VILLAGE SUBDIVlSION/PUD, CITY OF ASPEN, PITK:INCOlJNTY,
COLORADO.
ParcelID: 2735-143-16-001
WHEREAS, the Community Development Department received an application
froni Tony Tamer, represented byLipkin Warner Design, requesting approval of a PUD
amendment to the Aspen Highlands Village PUD to amend the building envelope on Lot
1, Block G, of the Aspen Highlands Village SubdivisionJPUD to allow for a partially
subgrade mechanical vault to be maintained outside the originally designated building
envelope; and,
WHEREAS, upon review of the application and the applicable code standards,
the Community Development Department recommended approval of the proposed PUD
amendment; and,
WHEREAS, during a duly noticed public hearing on January 13, 2004, the
Planning and Zoning Commission reviewed and considered the development proposal under
the applicable provisions of the Municipal Code and considered and denied a motion to
approve the PUD amendment by a four to two (4-2) vote; thereby denying the proposed
request; and,
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 City of Aspen Land Use Code Section
26.445, Planned Unit Development, the Planning and Zoning Commission hereby denies
the PUD amendment request to amend the building envelope on Lot 1, Block G, of the
Aspen Highlands Village SubdivisionIPUD.
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 or City Council, are
hereby incorporated in such plan development approvals and the same shall be complied
with as iffully set forth herein, unless amended by an authorized entity.
Section 3:
This resolution 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 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.
DENIED BY the Planning and Zoning Commission of the City of Aspen on this 13th day
of January, 2004.
APPROVED AS TO FORM:
COMMISSION:
City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
PLANNING AND ZONING
Jasmine Tygre, Chair
DEC-05-2003 FRf 02:13 PM.
FAX NO.
>
p, 08
h}'kJ,ff \\~ 1/
~
ATIACHMENT 2 -LAND USE APPLICATION
.J,.pPLICANT:
I Name;
Location:
A NrHc>~..(--TA ~ ee..
~Zo l1-/uJJPE12.13oLVL- LAAlE- . A5PC=W fltJ7Ht..A/tJOS
(Indicate street address, lot & block num.ber, le.(;al description where a Pro riate)
2.'75. Ilf'2;,' JO'c::>O)
I
VU_LAqE- f
REPRESENT A TlYE:
I Name:
AddTess:
. ,
L J P j:::. J '" iA..J A f2.}..j Gf<.. -pes / GJA.(; pL A AI AI / JJG;
Z7l.{OO ~wo tZwE1lS e D. 4Ft/V' 13,,4$,4(.{ Co 8i~zl
,CJ7o' 92.-7 . 8"7~ >< z'Z.. (..ulCHA<!7<- 'T-ffoMpsoJ../)
Phone #:
PROJECT:
Name; ,A ~.67e... JZes J Dl?1Jc G=-
Ad.dress: t./zo THd/.-lOt?1Z13t!:)/,JJL cA!--tG . A"p€?/J CD . Sl~ i/
Phone #: 970' s'-''I. Ot/~(p
TYPE OF ApPLICATION; (p,lease check all that apply):
0 Conditional Use 0 Conceptual PUD : 0 Conceptual Historic Devt.
0 Special Review ~ F~al pun (& PUD Amendment) 0 Final Hi.storic Development
0 Design Review Appeal 0 Conceptual SPA 0 Minor Historic Devt.
0 GMQS }Jlotment 0 Final SPA (& SPA r\mendroent) 0 Histonc Demolition
0 OMQS Exemption 0 Subdivision 0 Historic Designation
0 ESA - 8040 Gre~nline, Stream 0 Subdivision Exemption (includes 0 Small Lodge Conversion!
Margin, Hallam Lake Bluff, condominiurnization) Expansion
MoUntain View Plane
0 Lot Split 0 Temporary Use 0 Other:
n Lot Line Adjustment 0 TextiMap Amendment
,
EXISTING CONDITIONS; (descriPtion of existinr! buildings, uses, Pf'~ViOU5 a Drovals, etc,)
AlGu.J $U..JGjL6- 'FAMIl.Y Ho,ufj- .c~Mp~, <::erz:nRcATtf- oF- ~Gt:..upA.4.J.GY.
,4wAI2 oeo ~...u..ueta. 2003 (peJ'2.,,,uJr:..:j:/:: Z2.~CD -Zoot
PROPOSAL: (description ofproDosed'buildin<;s, uses, modifications. etc.
l SwAP 't!xJIL'OIJ../tfJ eJ.JvGt-,opff-AL€-A (i.t./~$F)C? SoUTH- eJ40 of SJTe FolZ- '1!xJnOIAJ0
I EAluet-ope- E~pA^,S'o,J (Z</'3SF')Q ^'~ CO~~ TO ACCoA.loOAT"E- U. f:. ""~H.JjAuc..-r.
Haveyou lttt~ched the follo\\wg? FEES DUE: S
o Pre-Application Confenmee Summa.l)'
[3'"Attachment #1, Signed Fee Agreement
B"Response to Artach..ruent #3, Dimcrl.sion.al Requi;cm.ents Form
i ...f Response to Ar:.ach.ment #4, Submittal ReQuirer::::ents~ Including Written Responses to Review S:an&rds
~ ... .... ~'-' ,..
All plans that are larger than 8,5" x 11" must be folded and a f10ppy disk '\'\'ith an electronic: copy of ~1I ,,,:ritten
text (Microsoft Word Format) must be submitted as part of the spplic::!tion, '
.....I.IU rf),f1 ~~tt.t,!\.~rr ~
""INllr-'''4''.''~ ::". ...;,"'....:"',~".,.~ .~'1., .
(,....,
DEC-Q5-2003 FRI 02:13 PM
FAX NO,
p, 07
ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project:
Applicant:
Location:
Zone District:
Lot Size:
Lot Area:
TAA.,,/e1?- 12. es I oeJJ cE
AAJTHoNY TAA.,(~
4ZCi {HUM O&!.:5ou.x.. LANe:-. A 7/pf!?1..l co
O.9~7 Ac.rze::.
~o/~~ -::oF
(for the purposes of calculating Floor Area, Lot .tU'ea may be red.uced for areas
within the high water mark, easem~nts, and steep slopt.:s. Please refer to the
defInition Of Lot Area in the Municipal Code.)
Commercial net leasable:
Number of residential units:
Number of bedrooms:
Existing:
Existing:
Existing:
N/A
(
Co
Proposed.'
Proposed: No CHAAJ~e=-
Proposed: No CHAAI~l!i-
Proposed % of del?~lition (Historic properties only):
DIMENSIONS;
Floor Area: Existing: s: "~7..:.-.flllowable: ~ $<::)0. Proposed: No <:: HA^'0C-
Principal bldg. height: Existing: Z.8' Allowable: ZB' Proposed: //
Existing: N/A Allowable: Ai/A "
Access_ bldg. height: Proposed.: /oJ/A
.
On-Site parking: Existing: Cb Required: 5 'proposed: No C rtAAI~
% Site coverage: Existing: N/14 Required: AI/A Proposed: AI/A
% Open Space: . Existing: II Required: II Proposed: II
Front Setback; Existing: II Required: 1/ Proposed: If
Rear S etb ack: Existing: 1/ Requ ired: II Proposed: II
Combined FIR: Existing: 11 Required: " Proposed: If
*= Side Setback: Existing: /I Required: 1/ Proposed: II
Side Setback: Existfng,' II Required: II Proposed.: . II
Combined Sides: Existing: 1/ Required: . I' Proposed: II
Ex.isting non-conformities or encroachments: U^'t;)~Jeou,IJD ..-uE~t-i. VAUL.r
exiTS II? e:-- "TBU iL D I JJG; e A/ V tro:ypt:- .
Variations requested; ~wAP 'bu1I_DI1J0 e?A/UEGopg-'- ,AJZ.eA (Z4~ SF)
1=/Zo..u St:':.lLITff -EAt 00;= ~oT TO /oJ€- cc.~ iv.ee....." (? VAut. r t..ocATloAj.
12/10/2003 09:48 FAX 3053795132
RIG CAPITAL
DEC-09-03 rUE 03:23 PM ~
, ,~EC, 9.2063 10:02AMOXLEV OFFICES
FAX NO.,
NOr 5882 p, 2
JOHN C.. aXt.EY
D&~e: December 3. 2003
to: "'hOnl It May Co~cern:
.Ei'ro:cn; John C, Oxley
Owner, I"ot 7 .. As{>6n Highland Subdivision.
This l~ttcrcerl1fies that! have PO objections to the i1ltorlng of the building or activity
oovelopes of Lot 1 hI. the A~pCi1 Hights.nds Subdivision.. for the purposes of anowiug the
~l$tins mochanical vault which has been installed on Lot 1 to remain in its ourrent
location:.
Ag\."eOO t,o:
H~A~.... . V-.-
~ c. O;rloy
Date;
~ y 2--"33
~.~~---...~---------~_._.~--
M fr.- ~
y~~tN
7137 S. Sou/o!>r, $uI1" TYO, TtJI'iiil, Oi-:1t.hoi'l1<'1. 74119
I4J 002/002
P. 02
f')
..
..
LIPKIN WARNER DESIGN & PLANNING
23400 Two Rivers Rd, #44, PO Box 2239
Basalt, Colorado 81621
T 970 927 8473
F 970 927 8487
PUD AMENDMENT APPLICATION
REVIEW STANDARDS
Property:
Owners:
420 Thunderbowl Lane, Aspen Highlands Village, Lot #1
Tony and Sandra Tamer, Coral Gables Florida
A: General Requirements: This application seeks to exchange one 243sf area of Thunderbowl Lot #1 's
Building Envelope for another area of equal size, in order to include an underground mechanical vault
within the Building Envelope. Lot #1, Block A, Thunderbowl Neighborhood is a part of the Aspen
Highlands Village PUD, and nothing about this PUD Amendment application is inconsistent with the
Aspen Area Community Plan, or with the character of existing land uses. Approval of this application
will not adversely affect the future development of the surrounding area. Development of this lot is
consistent with GMQS allotments, as a part of the AHV-PUD.
B: Establishment of Dimensional Requirements: As detailed in the Attachment 3, Dimensional
Requirements Form, development on Lot #1 is consistent with allowable mass, height and floor area for
the parcel. Development of the single-family home has been completed and awarded a Certificate of
Occupancy under Building Permit #2266-2001.
1. Proposed dimensional requirements are appropriate and compatible with surrounding
influences: .
a. Existing and expected land uses in the surrounding area. Underground mechanical vault
is not adjacent to any other single-family lots, but is adjacent only to the Aspen
Highlands Village water tank access road, used primarily by utility workers;
b. Natural or man-made hazards are not affected by the location of the vault;
c. Existing natural characteristics of the surrounding area: The underground mechanical
vault is adjacent to the steep slope above the roadway, bUt is far enough back from the
slope to represent no incompatibility;
d. Existing and proposed man-made characteristics of the property, such as noise, traffic,
transit, etc: No effect;
2. Proposed dimensional requirements permit a scale, massing and quantity of open space and site
coverage appropriate and favorable to the character of the PUD and surrounding area: The
"swapping" of building envelope areas will make no difference between allowable and proposed
open space and dimensional requirements, especially since the vault is entirely underground
and will be covered and landscaped;
3. The appropriate number of off-street parking spaces shall not be affected at all by the approval
of the building envelope swap. The number of off-street parking spaces will be the same as is
required and built on this property, as evidenced by the Certificate of Occupancy, and is
consistent with the surrounding area's residential uses;
4. Reduction of PUD maximum allowable density: no effect;
5. Reduction of PUD maximum allowable density: no effect;
6. Increase of PUD maximum allowable density: no effect;
C: Site Design:
1. EXisting,unique natural or man-made features of the site: no effect;
2. Structures clustered to preserve open spaces and vistas: Underground Vault is immediately
adjacent to driveway, and has no negative effect on open space or vistas;
3. Structures appropriately oriented to public streets, etc: no effect;
4. Buildings and access ways appropriately arranged to allow em,ergency and service vehicle
access: no effect;
5. Adequate pedestrian and handicapped access provided: not applicable;
6. Site Drainage accommodated: yes, landscape plan provides for adequate site drainage of this
area;
PUDamend-l2l003.DOC
P. lOF'l
..
..
..
LIPKIN WARNER DESIGN & PLANNING
23400 Two Rivers Rd, #44, PO Box 2239
Basalt, Colorado 81621
T 970 927 8473
F 970927 8487
D: Landscape Plan: Ensure conll;a.tibility with surrounding parcels, etc.
1. Plan exhibits a well-designated treatment of exterior spac:es, preserves existing significant
vegetation, provides ample quantity, variety of ornamental species: Landscape design by Mt,
Daly Enterprises of Carbondale utilizes a complete palette of native grasses, shrubs and trees,
arranged into outdoor spaces delineating private spaces for the residents, as well as semi-public
spaces, such as the private ski easement along the eastern edge of the property.
2. Significant existing natural and man-made site features preserved or enhanced appropriately:
The only appropriate feature for this requirement is the Landscaping around the water tank,
whic~ has been landscaped per Hines Development direction, including significant tree-planting
to screen the tank from view by surrounding properties;
3. Proposed method for protecting existing vegetation and other landscape features: this work has
been completed;
E: Architectural Character: The single-family residence has been constructed according to the design
approved by the Aspen Highlands Village Design Review Board, and has been awarded its Certificate of
Occupancy;
F: Lighting: Lighting design has been constructed a,ccording to the design approved by the Aspen
Highlands Village Design Review Board, and has been awarded its Certificate of Occupancy;
G: Common Park. Open Space of Recreation Area: This lot contains a private ski easement along the
eastern edge of the property for the benefit of the residents of the Thunderbowl Neighborhood. The
underground mechanical vault extends partially into the ski easement, and this application requests
extension of the Building Envelope into this area. The Landscape Plan shows that a much larger area
will be landscaped appropriately for the ski easement, and a buffer of serviceberry and potentilla shrubs
will separate the ski easement from the expanded Building Envelope containing the underground vault.
The impact of the vault encroachment into th~ ski easement is further mitigated by the Owner's plans
to cover and landscape the vault, making it effectively subterranean.
H: Utilities and Public Facilities: Ensure the development does not impose an undue burden on the
City's infrastructure capabilities: no effect;
I: Access and Circulation: Ensure the development is easily accessible, provides adequate pedestrian
and recreational trail facilities, etc: Since this is a platted lot, the only effect to this standard is the
encroachment of the expanded building envelope and underground vault on the private ski easement,
which is mitigated as explained in Standard G, above;
I: Phasina of Development Plan: Ensure partially completed projects do not create an unnecessary
burden on the public or surrounding property owners: Phasing is not necessary for this application,
therefore there is no effect on the public or adjacent property owners;
End of Review Standards
PUDamend-121 003 .DOC
P. 2 OF 2
/
.....
l!!'" ~9Jj;I'" F Ii)
F~ ~~!ll? l!! i!i
~~ ~~;~ ~ ~
~i Ilh AA ~
,. ~~~~ ! ~
I ,,~m~
~ ~~~~
iJ.~~~~
~ ~~,,~
~ ~j
u;
~!:!
~~
~~
'"'711
7<
f
.~
a
J~
~ .~~
o v"t
~~J
.( ,..,
I
/
I
I
I
I
I
I I
I I I
I 1 I
I 1 1
I I 1
I 1 1
I I I
1 I I I
I 1 ~
I~~ / / ~"P "/
11\1\1 I Yf
nl/
I
\ \'_:;-:~~)
'''')
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
,~
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: q 2i?1h I. V\~.oI;/tOvJ
SCHEDULED PUBLIC HEA~ING pAn:: . 1/1 ~I DLf- .
LM
, Aspen, CO
,200_
STATE OF COLORADO J
) S5.
County of Pitkin )
!, ~ vvt~s G~JI- (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 Aspeq Land Use Code in the following manner:.
I
~ 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 publichearing. A copy of the publication is attached hereto.
Post(ryg of notice: By posting of notice, which form wasobtaiJ:1edfr{m the
.c.. _cc:,. . .... . .
Co~Ul~~Y Dev~lopmen: Department, which was made of suit~ble, ., .
waterproofmatenals, which was not less than twenty-two (22) mcheswlde
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
heaJj;ng.' .A photo grap~ of the posted notice (sign) is attached hereto.
.j" I... .
Mailing of notice. By the mailing ofa notice obtained from the Co~n1Unity
Development Department, which contains the information describedHn Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15))1ays prior to
the public hearing, notice was hand delivered ormailed by first class postage. .
prepaid U.S. mail to any federal agency, state, county, municipal govermnent,
school,.service district or other governmental or quasi-govenunental agency that
owns 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'ofthe public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto,
(continued on next page)
~,',
/~.
/""'"
Rezoning or text amendment. \Vhenever 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 ()f the proposed change shall
be waived, However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
~Ul.L ~'A~ ,J;(-
S I ture
. The A')go ing "Affidavit of Notice" was aclmowledged before ,lll/LthiS .;i'S.!a y
of ~_. ,2003,by0~ J-)~
,~,:",:,,,,,,,i"''*'~t.IC OTlCE
..... . '. .. TflUNDERBO L LANE. pUD. AMEND- .
~N'I"4f~"At(i~"X~E . UlLDING AND ACTIVITY
ENvELOpE:S .. '.' . .
NClTlCE 15 HpREBYGI ..N that a public heanng
will])e held Q~ Tije~day, January 13, 2004 at a
rr;Eie;ting(o begin"t 4:30p.m. before. the A~pen
PI' rining and ZoninK_,c:cimrrlission, Sister Cities
'R'~'in City Hall 130 S. Galena St., Aspen, to con-
'Fs;a1r~n-appljc'~tion s~bIT1iite~ by-T?~Y Tamer re.
~;;r(jest\iig'''ao I'lanned Unit Development q'UD)
;~1mendmeht t6 amend the activity and bUlldl~g
~t~rt;rcl~p~\'i$iiC6t I, BI"ck A, Aspen Highland~ VII-
\""-~bd'''4slon/pUD 1'he subject property IS Ie-
. la~i. ~es~~:bed as u't 1, Block A, Aspen High-
fInXsVillage Subdivision and is located at 420 A TT ACHMENTS:
Thunderoowl'Lane. . .. L' dt t
For - further -,nfornl(i,tiB,~,-y~nt_~~_t,.~~~es ,In t 'ria,;
the City of AspenCO'rnznity Developmen e-
paifrnent, 130 S. Galena S.. Aspen, CO (970) 920- COPY OF THE PUBLICATION
52.9~,ja~e.",I~ci.aspen.~0... s~(Jasmine Tygre. Chair
"'0,t~'t-~.o;?<~-:"'::~A~~enPlanri'l~ and Zoning Commission
publishe;[inTheAsp~~ :nl11eson,Q~~~Tb~r20, APH OF THE POSTED NOTICE (SIGN)
2003.(1062)" .. ,.,. ....
~~/~/o~
">.i;i,,,'::<',',,,:,,,
>$':/'L;".~ c-
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BYMAIL
"
f"'""\
"
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASf5EN LAND USE CODE
ADDRESS OF PROPERTY: ~ZO I}fUIJOEtZ..Cx:>u.:JL ~
SCHEDULED PUBLIC HEARING DATE: /7;,. JA/;,JUAf2-Y
, Aspen, CO
,200:.{
STATE OF COLORADO )
) ss.
County of Pitkin )
I, ~CffAGt:...- Y ffC)4.Ps~ (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 Aspeu; Land Use Code in the following maImer:
Publication of notice: By the publication in the legal notice s.ection 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 attachf?.d hereto.
~ Postin.g of notice: By posting ahatice, which fOf.IIi wasobtainedii;~.;the ;'
Community Development Department, which Wlli; made of suitable, 'i; a ~
waterproof materials, which was not less than twe!1ty-two (22) incl.l~'s. iJi "de
and twenty-six (26) inches high, aIld which was composed of letter~ r;llt ,
less than one inch in height. Said notice was posted'at least fifteen'~ir5) days
prior to the public hearing and was continuously visible "from tht'~''3llo day of
"r;ffcE,"#1??t31Z- , 200 '? , to and including the date and time of the public
. hearing. A photograp~ of the posted notice (sign) is attached hereto.
I ..
>,.... Mailing of notice. By the mailing ofa notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) ofthe Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered ormailed by first class postage.
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or quasi-governmental agency t11at
owns 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 ~10 more than
sixty (60) days prior to the date'ofthe public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto. .
(continued on next page)
.J
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 tobe 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 tl!e !1()tice to ~.pg listing of names and
addresses of owners' of real property in the area ofthe proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on suc~ .
'Sigmture ..... . . . ·
The foregoing "Affidavit of Notice" was acknowledged before me this .13 day
of ~\O'N.Ar\\l , 200~, by ~\~t~P^ Y '\\O\'f\~~OY\
\
WITNESS MY HAND AND OFFICIAL SEAL
. . My Commission Expiio1J,8
My commission expires: 07/11 noo!"'
. ~~/I~
~ /. "
/ -.- .... ..
~ /. f}tiC--- .. -- .
A TT ACHMENTS:
COPY OF THE PUBLICATION
PHOTOGRApH OF THE POSTED NOTICE (SIGiv)
LIST OF THE OWNERS ANb. GOYERNMENTAf..:AG'E'Ncrns NOTICED
BYMAIL '
,-...,
DEC-12-2003 FRI 11:49 AM
C)
FAX NO.
p, 02
.,.
PUBUC NOTICE
I~E: 420 TI:IUNDERBOWL LAN.E pun AMENDMENT TO AMEND THE BUILDING
AND ACTIVITY ENVELOPF.S
NOTICE IS HRIU:BYGIVEN that a public hearing will be held on Tuesday, January 13,2004 at
a meeting to begin clt 4:30 p.m. berore the Aspen Planning anu Zoning Commission, Sister Cities
Room, City Hall, 130 S. Galena St., Aspen, to consider an application ~ubmitted by Tony. Tamer
requesting a Planned Unit Development (PtJD) Airi6ricllllellt to amend the ilctivity and building
envelopes On Lot 1, Block A, Aspen Highlands Village Subdivision/PUD. The subject properly is
legally described as Lot I, Block A, Aspen Highlands Village Subdivision and is located at 420
Thunderbt)wl Lane. For further information, c()]llaet James Lindt at the City of A~pen Community
})evelopmcl,t Department, 130 S. Galena St., Aspen, CO (970) 920-5095,jamesl@d.aspcn.co.llS.
,l!/.Jasmin~ TY~rc, Chair
Aspen Planning and Zonin~ Commission
Pllblished in the Aspen Times on December 27,2003
----
...;...._~.. .. .=-~-~...__:....._~_.. ._..~
City of Aspen Account
-~
r'\
,
~
~ ~
0.. .0..
01 en
.... ....
M &j
M M
C. 0
..... -....
"'-, ('1"';1
("\,1 ('"".J
-, ......
0J 01
T'"""
J!< J!<
LL LL
(.:J ~
0.. 0..
-, -:>
co co
~ ~
,-,., 0
to ....
0 ('"'J
01' ('',)'
01 M
C1D
00.
("') M
00
0? M
("'..j I~...j
N ('~
CC
0'1 01
'(:; '(:;
0. 0.
.:;; c
:ij .~
V (I,)
....c ..!::.
,Q .~
:o:g
q:~
;j) ;j)
E E
o1J o1J
f- f-
"'"ffH,m
t#HHL~J1H
/
-51
f;
--1
,;'>..I
o
o
,"-.I
0(")
ar--:
'z ('',)
a. 0
0'00
!!2!!2
Q3 :n
ii5ii5
E
01
o
o
01
u1
T'""" 0
8 ;j) 1!
o "'0 {l
'ifjo..::.;::
. ;jj LL. (f)
ii5 16
::E Ci:
Ol
.~
"'
Q)
..c.
.~
:is
::'i
0..
01 ('',) ('~
9~~
~ ("'..j 0
M 6 ('".:.;
o T'"""
<b <b
-5 -5
~ ~
to to
~8 8
(..I") N M
or- .r-
I=? I=?
ID ~
E E
(IJ (IJ
f- f-
0J 01 01 ':'>I ('',)
o 000 0
MNO(""JOCII:)("";IQ
~~~~~~d8~~
r-T"'"-oac'.Jo,-,.-,-
r-(""~l~MMM-.:i--=t.:f---=t
9999999999
ID ~ ~ ID ID ~ ~ ID ID ID
E E ~ C ~ c E E E E
o1J (IJ o1J (IJ (IJ o1J (IJ o1J (IJ o1J
f-1-1-1-f-f-f-f-1-1-
("-..j f.""-;
00
..,:,. r-:-
99
Smooth Feed Sheets™
template
5.4i,~O@
. ~:u
.. .
ASPEN HIGHLANDS COMMERCIAL
METRO DIST
715W MAIN ST#304
ASPEN, CO 81611 c
ASPEN HIGHLANDS MOUNTAIN LLC
PO BOX 1248
ASPEN, CO 81612
CHOPIVSKY GEORGE JR
3217 CATHEDRAL AVE N W
,WASHINGTON, DC 20008
HENRIKSEN RONALD W
8831 STABLE LN
HOUSTON, TX 77024
JONES & JONES LEASING CO
6301 HAGGERTY RD
BELLEVILLE, MI 48111
MAROON CREEK LIMITED
PARTNERSHIP
1926 CLOVERCT
PLEASONTON, CA 94588
OXLEY JOHN C TRUSTEE
1437 S BOULDER AVE #770
TULSA, OK 74119-3609
PHILLIPPE THOMAS E SR
8606 ALLlSONVILLE RD STE 127
INDIANAPOLIS, IN 46250-3585
THUNDERBOWLLLLP
24600 CENTER RIDGE RD
STE 285
WESTLAKE,OH 44145
VINTON BROCK J
300 WATER ST
WILMINGTON, DE 19801-5041
WILHELM DAVID A & MARY LINDA
888 PROSPECT ST STE 302
LA JOLLA, CA 92037-4262
T'
.M
Address labels
laser
S160@
('-.
TO:
THRU:
FROM:
RE:
DATE:
~.A.
ft1of,'DV\ t-O kpfJrou~
Aspen Planning & Zoning Commission ~ Y- IV
Joyce Allgaier, Community Development Deputy Director II "iii,
James Lindt, Planner \5L- 0 o.Q...V\ ~ ~ 4 - 2.j~"'#
420 Thunderbowl LanePU]) AmelldlllenFPublic Hearing R. ~U ~~. t- &<e IA I~
January 13, 2004M8.,< ....
MEMORANDUM
REQUEST:
The Applicant is requesting approval of a pun Amendment to allow
for a building and activity envelope adjustment in order to maintain a
partially subgrade mechanical vault that was built outside the
designated building envelope.
R-15 pun (Aspen Highlands Village PUD)
CURRENT ZONING:
LAND USE
REQUESTS:
PUD Amendment
STAFF
RECOMMENDATION:
Staff recommends that the Planning and Zoning Commission approve
the proposed pun amendment, with conditions.
BACKGROUND:
Tony Tamer ("Applicant"), represented by Lipkin Warner Design is requesting approval
of a PUD amendment to allow for an amendment to the existin~ acti",ity and building
envelopes at 420 Thunderbowl Lane in order to maintain a partially subgrade mechanical
vault as can be seen below:
- 1 -
~
The property subject to this PUD amendment is located within the Aspen Highlands
Village PUD and contains a new single-family residence. It should be noted that the
Aspen Highlands Village PUD requires that all construction disturbance and regrading
occur within the designated activity envelopes and that all s~ructures be located within the
designated building envelopes. The City Zoning Officer has interpreted that the
mechanical vault is considered a structure.
LAND USE ACTIONS REQUESTED:
The Applicant is requesting a PUD amendment to allow for the designated building
envelope at 420 Thunderbowl Lane to be amended to encompass the partially subgrade
mechanical vault pursuant to Land Use Code Section 26.445.090(B), PUD Amendments.
The Planning and Zoning Commission shall approve, approve with conditions, or deny
the proposed request after considering a recommendation from the Community
Development Department. It should be noted that the Applicant has the ability to appeal
an adverse decision by the Planning and Zoning Commission to City Council.
STAFF COMMENTS:
Staff does not condone developing outside of the designated envelopes and then asking
for approval. The mechanical vault that is the subject of this application houses
mechanical equipment to operate the snowmelt system for the driveway. This vault was
not shown on the original building permit application for the residence and was
constructed without approval.
Setting aside the fact that the vault was built without approval, staff does not believe that
the area in which the vault was constructed is of the significant natural value that a
building envelope should be set up to protect. The area in which the vault exists has
already been significantly disturbed and is located within the activity envelope, which
allows for such disturbance, just not structures. That being the case, staff does not feel
that the requested envelope adjustment conflicts with the character of the original
Highlands Village development plan that was approved by the County.
In addition, the Parks Department has requested that the Applicant plant trees in front of
the vault to screen it from Thunderbowl Lane as has been proposed by the Applicant.
However, the Parks Department has requested that the Applicant plant native tree species,
which has been required in the proposed conditions of approval. Additionally, staff has
proposed a condition of approval that requires the Applicant to affix cultured stone on the
street-facing wall of the vault to help it blend in with the residence until the landscaping
matures enough to screen the val.dt. Therefore, staff recommends approval of the
proposed PUD amendment with the conditions of approval proposed in the attached
resolution.
STAFF RECOMMENDATION:
Staff recolplp.~nds that the Planning and Zoning Commission approve the proposed
PUD amendment to allow for the building envelope to be amended as proposed to
accommodate the existing mechanical vault finding that the request is not a
significant departure from what was approved in the original PUD.
- 2 '"
t"i
RECOMMENDED MOTION:
"I move to approve Resolution No.~ Series of 2004, approving with conditions, a
PUD amendment to allow for an amendment to the designated building envelope at 420
Thunderbowl Lane to allow for the mechanical vault. that was constructed outside of the
building envelope to be maintained."
ATTACHMENTS
EXHIBIT A - REVIEW CRITERIA AND STAFF FINDINGS
EXHIBIT B - ApPLICATION
EXHIBIT C - ApPROVED BUILDING PERMIT SITE PLAN
- 3 -
~
RESOLUTION NO.-M
(SERIES OF 2004)
A RESOLUTION OF TilE CITY OF ASPEN PLA:NNfNG A:Nn ZONING
COMMISSION APPROviNG A PtJDAMENDME'NTTO'THEASPEN"
HIGHLANDS VILLAGEPtJD TO AMENDTllElJUILI>ING"ENVE:[OPEf)'ON'LOT
. 1, BLOCK G, OF mE ASPEN III(jlIt~NDS~~~G"E'StmDIvrSr()~7Py~r:f().
ALLOW FOR A MECHANICAL V AULT TO BE MAINTAINED OUTSIDE THE
ORIGINALLY DESIGNATED BtJlLDIN<i':ENYELOPE;CIT\"OF'ASPEN;' g,
PITKIN .COtJNTY, COLORADO.
ParcelID: 2735-143-16-001
WHEREAS, the Community Development Department received an application
from Tony Tamer, represented by Lipkin Warner Design, requesting approval of a PUD
amendment to the Aspen Highlands Village PUD to amend the buildil1G; envelope on Lot
1, Block G, of the' Aspen Highlands Village Subdivision/PUD to allow for a partially
sub grade mechanical vault to be maintq.ined outside the originally designated building
envelope; and,
WHEREAS, upon review of the application and the applicable code standards,
the Community Development Department recomniended denial of the proposed PUD
amendment; and,
WHEREAS, during a duly noticed public hearing on January 13, 2004, the
Planning and Zoning Commission reviewed and considered the development proposal under
the applicable provisions of the Municipal Code as identified herein. and approved this
resolution, by a to . L--> vote; approving the proposed request with the
conditions of approval contained herein; and,
WHEREAS, the Planning and Zoning Commission 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 Planning and Zoning Commission finds that this resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, HE ITf{]!:SOLYE])BYTIlECI'~Y OF ASPEN PLANNING
AND ZONING COMMISSION AS FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in City of Aspen Land Use Code Section
26.445, Planned Unit Development, the. Planning and Zoning Commission hereby approves
a PUD amendment to the Aspen Highlands Village PUD to amend the building envelope
on Lot 1, Block G, of the Aspen Highlands Village Subdivision/PUD to allow for a
mechanical vault to be maintained outside the originally designated building envelope, with
the following conditions:
f"""\.
1. The Applicant shall affix cultured stone in a color and size to match that on
the front fayade of the residence on the street-facing portion ofthe vault.
2. The Applicant shall provide sufficient landscape screening on the north side
of the vault to limit its visibility from the properties located across
Thunderbowl Lane. The Applicant shall submit a detailed landscaping plan
to the Parks Department for approval prior to pouring the driveway to the
residence. The plantings to screen the vault shall be spread out enough to
allow for proper mature growth. Additionally, the Potentilla and
Serviceberry to be planted around the vault for screening shall be Potentilla
fruticosa and Amelanchier alnifolia.
3. The Applicant shall record an amended plat reflecting the building envelope
adjustment at the Pitkin County Clerk and Recorder's Office within 180
days of this approval.
4. The Applicant shall retroactively apply for a building permit for the vault
and driveway and pay twice the applicable permit fees (including REMP
option) for constructing them without a building permit pursuant to Section
107.5.2 and Section 107 of Ordinance 10-03 of the Uniform Building Code.
Additionally, the Applicant shall have the building department inspect the
vault and driveway to verify that they meet all applicable building code
requirements.
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 or City Council, are
hereby incorporated in such plan development approvals and the same shall be complied
with as if fully set forth herein, uriless amended by an authorized entity.
Section 3:
This resolution 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 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 13th
day of January, 2004.
~
APPROVED AS TO FORM::
COMMISSION:
City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
'PLANNING AND ZONING
Jasmine Tygre, Chair
~
EXHIBIT A
PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT
Review Criteria & Staff Findings
SECTION 26.445.050, REVIEW STANDARDS: PUD AMENDMENT
Section 26.445.050 of the Regulations provides that development applications for a PUD
amendment must comply with the following standards and requirements.
A. General Requirements.
1. The proposed development shall be consistent with the Aspen Area
Community Plan.
Staff Finding
Staff believes that the proposed request is not inconsistent with the Aspen Area
Community Plan in that the area in which the vault exists is already allowed to be
disturbed because it is within the activity envelope. Additionally, the Planning Staff does
not believe that the area in which the vault was COll.structedconta.lns signIficant native
vegetation, which building envelopes were set up to protect. That being the case, staff
does not believe that the proposal conflicts with the AACP. Staff finds this criterion to
be met.
2. The proposed development shall be consistent with the character of existing
land uses in the surrounding area.
Staff Finding
The proposal does not affect the single-family residential use of the property. Staff finds
that this criterion is not applicable to this application.
3. The proposed development shall not adversely a.ffect the future development
of the surrounding area.
Staff Finding
Staff does not believe that the proposal will adversely affect the future development of
the surrounding area in any way. Staff finds this criterion to be met.
4. The proposed development has either been granted GMQS allotments, is
exempt from GMQS, or GMQS allotments are available to accommodate the
proposed development and will be considered prior to, or in combination with, final
PUD development plan review.
- 4 -
~
Staff Finding
The proposal would not have any GMQS implications in that a single-family residence
already exists and there were GMQS allotments granted through the original subdivision
approvals. Staff finds this criterion not to be applicable to this application.
B Establishment of Dimensional Requirements:
The final PUD development plans shall establish the dimensional requirements for
all properties within the PUD. The dimensional requirements of the underlying
zone district shall be used as a glli.de in detennining the appropriate dimensions for
the PUD. During review of the proposed dimensional requirements, compatibility
with surrounding land uses and existing development patterns shall be emphasized.
1. The proposed dimensional requirementsfor the subject property are appropriate
and compatible with thefollowing influences on the property:
a) The character oj, and compatibility with, exlstlng and expected future
land uses in the surrounding area.
b) Natural and man-made hazards.
c) Existing natural characteristics of the property and surrounding area
such as steep slopes, waterways, shade, and significant vegetation and
landforms.
d) Existing and proposed man-made characteristics of the property and
the surrounding area such as noise, traffic, transit, pedestrian
circulation, parking, and historical resources.
Staff Finding
The application is not requesting to amend the dimensional requirements that were
established through the Aspen Highlands Village PUD. Staff finds this criterion not to be
applicable to this application.
2. The proposed dimensional requirements permit a scale, massing, and
quantity of open space and site coverage appropriate and favorable to the
character of the proposed PUD and of the surrounding area.
Staff Finding
Staff does not believe that the proposed amendment will affect the dimensional
requirements on the property. The possible site coverage will not be reduced by the
amendment because patios and other hardscape materials are already allowed within the
activity envelope in which the Applicant wishes to extend his building envelope into.
Thus, staff finds this criterion to be met.
3. The appropriate number of off-street parking spaces shall be established
based on the following considerations:
a) The probable number of cars used by those using the proposed
development including any non-residential land uses.
b) The varying time periods of use, whenever joint use of common parking
is proposed
- 5 -
~
c) . 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.
d) The proximity of the proposed development to the commercial core and
general activity centers in the city.
Staff Finding
This application will not affect the number of off-street parking spaces available on the
site. Therefore, staff finds this criterion not to be applicable to tl1isapplication. '
4. The maximum allowable density withina PUD maybe reduced if there exists
insufficient infrastructure capabilities. Specifically, the maximum density of
a PUD may be reduced if:
a) There is not sufficient water pressure, drainage capabilities, or other
utilities to service the proposed development.
b) There are not adequate roads to ensure fire protection, snow removal,
and road maintenance to the proposed development.
Staff Finding
This application is not requesting to reduce the allowable density within the PUD.
Therefore, staff finds this criterion not to be applicable to this application.
5. The maximum allowable density within a PUD may be reduced if there exists
natural hazards or critical natural site features. Specifically, the maximum
density of a PUD may be reduced if:
aJ The land is not suitable for the proposed development because of ground
instability or the possibility of mudflow, rockfalls or aVlllallchedllllgers.
b) The effects of the proposed development are'deirimental to the natural
watershed, due to runoff, drainage, soil erosion, and consequent water
pollution.
c) Theproposed development will have a pernicious effect on air quality in
the surrounding area and the City.
d) The design and location of any proposed str';lcture, 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 Finding
The. Applicant is not requesting to reduce the maxiIM~. allowable d.el'lsity within the
PUD. Therefore, staff finds this criterion not to be appricable to this application.
6. . The maximum allowable density within a PUD11lay be increased !f there
exists a significant community goal to be achieved through such increase and
the development pattern is compatible with its surrounding development
patterns and with the site's physical constraints. Spec!fically, the maximum
density of a PUD may be increased if: .
- 6 -
f*',
a) The increase in density serves one or more goals o!the community as
expressed in the Aspen Area Community Plan (AA CP) or a specific area
plan to which the property is subject.
b) The site's physical capabilities can accommodate additional density and
there exists no negative physical characteristics of the site, as identified
in subparagraphs 4 and 5, above, those areas can be avoided, or those
characteristics mitigated.
c) The increase in m~imumden~it)J.results ill..a develoJ1f1lellt]J?tte~1l
compatible with, and complimentary to, the surrounding existing and
expected development pattern, land uses, and characteristics.
Staff Finding
The Applicant is not requesting to increase the maximum allowable density within the
PUD. Therefore, staff finds this criterion not to be applicable to this application.
B. Site Design:
The purpose of this standard is to ensure the PUD enhances public spaces, is
complimentary to the site's natural and man-;11lade features and the adJacent
public spaces, and ensures the public's health and safety. The proposed
development shall comply with the following:
1. Existing natural or man-made features of the site which are unique,
provide visual interest or a specific reference to the past, or contribute to
the identity of the town are preserved or enhanced in an appropriate
manner.
Staff Finding
Staff does not believe that the building envelope is protecting any significant natural
features on the front side of the property. This observation in combination with the fact
that the vault area is in the activity envelope, which may be disturbed, leads staff to feel
that the proposed amendment will not destroy asigriificant natural resource on the site.
Thus, staff finds this criterion to be met.
2. Structures have been clustered to appropriately preserve significant open
spaces and vistas.
Staff Finding
There is only one structure on the property and thus clustering is not required. Staff finds
this criterion not to be applicable to this application.
3. Structures are appropriately oriented to public streets, contribute to the
urban or rural context where appropriate, and provide visual interest and
engagement of vehicular and pedestrian movement.
Staff Finding
The street orientation and the architecture of the existing residence are not proposed to be
altered by the proposed amendment. Therefore, staff finds this criierionl1ot to be
applicable to this application.
- 7 -
~
4. Buildings and access ways are appropriately arranged to allow emergency
and service vehicle access.
Staff Finding
The Aspen Fire Protection District reviewed the proposed amendment and found that the
request did not adversely affect the emergency access to the site or the surrounding sites
because the area subject to the proposed amendment is on the rear of the residence. Staff
finds this criterion to be met.
5. Adequate pedestrian and handicapped access is provided.
Staff Finding
The proposed amendment will not adversely affect pedestrian or handicapped access.
Staff finds this criterion not to be applicable to this application.
6. Site drainage is accommodated for the proposed development in a practical
and reasonable manner and shall not negatively impact surrounding
properties.
Staff Finding
A change order to the building permit for the residence is required to be submitted
retroactively in the proposed resolution. At the time in which the change order IS filed, a
revised drainage plan shall be required for review by the Community Development
Engineer, which shall demonstrate that there will be increase in the historic run-off on the
property. Staff finds this criterion to be met.
7. For non-residential land uses, spaces between buildings are appropriately
de-signed to accommodate any programmatic functions associated with the
use.
Staff Finding
The Applicant is not proposing to construct any non-residential land uses on the site.
Staff finds this criterion not to be applicable to this application.
C. Landscape Plan:
The purpose of this standard is to ensure compatibility of the proposed
landscape with the visual character of the city, with surrounding parcels, and
with existing and proposed features o[t~e subject property. The proposed
development shall comply with thefoll(}wing:
1. The landscape plan exhibitsa well designed treatment of exterior spaces,
preserving existing significant vegetation, and provides an ample quantity
and variety of ornamental plant species suitable for the Aspen area climate.
- 8 -
~
Staff Finding
Staff does not feel that the Applicant has removed signi~cant natu~al'Vegetation from the
site in constructing the vault. Additionally, the vault is located in an area that is within
the activity envelope that currently allows for disturbance and regrading. Thus, staff
finds this criterion to be met.
2. Significant existing natural and man-made site features, which provide
uniqueness and interest in the landscape, are preserved or enhanced in an
appropriate manner.
Staff Finding
Please see response to Criterion B(l). Staff finds this criterion not to be met.
3. The proposed method of protecting existing vegetation and other landscape
features is appropriate.
Staff Finding
The Applicant is not proposing to protect any natural vegetation. Staff finds this criterion
not to be applicable to this application. .
D. Architectural Character:
It is the purpose of this standard to encourage architectural interest, variety,
character, and visual identity in the proposed development and within the City
. while promoting efficient use of resources. Architectural character is. based
upon the suitability of a building for its purposes, legibility of the building's
use, the building's proposed massing, proportion, scale,' orientation to public
spaces and other buildings, use of materials, and other attributes ,which. may
significantly represent the character of the proposed development. There shall
be approved as part of the final development plan and architectural character
plan, which adequately depicts the character of the proposed development. The
proposed architecture of the development shall:
1. be compatible with or enhance the visual, character of the city,
appropriately relate to existing and proposed architecture of the property,
represent a character suitable for, and indicative of, the intended use, and
respect the scale and massing of nearby historicai'and cultural resources.
Staff Finding .
The Applicant is not proposing to alter the architecture of the existing residence. Thus,
staff finds this criterion not to be applicable to this application.
2. Incorporate, to the extent practical, natural heating and cooling by taking
advantage of the property's solar access, shade, and vegetation and by use
of non- or less..intensive mechanical systems.
- 9 -
f""..
Staff Finding
The Applicant will be required to meet the energy code requirements for the addition of
the vault at the time of the change order submittal as is required in the conditions of
approval. Staff finds this criterion to be met.
3. Accommodate the storage and shielding of snow, ice, and: water in a safe an
appropriate manner that does not require significant maintenance.
Staff Finding ..
The vault that was added contains snowmelt in that the roof of the vault will become the
Applicant's driveway. Staff finds this criterion to be met.
E. Lighting:
The purpose of this standard is to ensure the exterior of the development will be
lighted in an appropriate manner considering both public safety and general.
aesthetic concerns. The following standards shall be accomplished: .
1. All lighting is proposed so as to prevent direct glare or hazardous
interference of any king to adjoining streets or lands. Lighting of site
features, structures, and access ways is proposed in an appropriate manner.
Staff Finding
All outdoor lighting is required to meet the Aspen Highlands Village Lighting Code that
was established in the Aspen Highlands Village POD. ... Sfaf:ffindsthis crlteriol1to be met.
2. All exterior lighting shall be in complianc~. with. the .Outdoor Lighting
Standards unless otherwise. approved . and noted. ..in the final PUD
documents. Up-lighting of site features, buildings, landscape elements, and
lighting to call inordinate attention to the property is prohibited for
residential development.
Staff Finding
Please see response to the previous criterion. Staff finds this criterion to be met.
G. Common Park, Open Space, or Recreation Area:
If the proposed development includes. a common park, open space, or
recreation area for the mutual benefit of all development in the proposed PUD,
thefollowing criteria shall be met:
1. The proposed amount, location, and design of the common park, open
space, or recreation area enhances the character of the proposed
development, considering existing and proposed structures and natural
landscape features of the property,.provides visual relief to the property's
built form, and is available to the mutual benefit of the various land uses
and property users of the PUD.
- 10 -
", .<;.;;,~<: )i'i,,:..:y}~~;;
r"\
~
Staff Finding
The area subject to the proposed amendment does not contain common open space or
recreational areas. Therefore, staff finds this criterion not to be applicable to this
application.
2. A proportionate, undivided interest in all common park and recreation areas
is deeded in perpetuity (not for a number of years) to each lot or dwelling
unit owner within the PUD or ownership is proposed in a simitar manner.
Staff Finding
This application does not affect any common park or recreation areas. Staff finds this
criterion not to be applicable to this application.
3. There is proposed an adequate assurance throu[Jh legal instrument for the
permanent care and maintenance of open spaces, recreation areas, and
shared facilities together with a deed restriction against future residential,
com.mercial, or industrial development.
Staff Finding
This application does not affect any common park or recreation areas. Staff finds this
criterion not to be applicable to this application.
H. Utilities and Public Facilities:
The purpose of this standard is to ensure the development does not impose any
undue burden on the City's infrastructure capabilities and that the public does
not incur an un.iustified financial burden. The proposed utilities and public
facilities associated with the development shall comply with thefollowing:
1. Adequate public infrastructure facilities exist to accommodate the
development.
Staff Finding
Staff does not believe that the proposed amendment will impose any undue burden on the
existing infrastructure or utilities in the area. Staff finds this criterion to be met.
2. Adverse impacts on public infrastructure by ,the development will be
mitigated by the necessary improvements at the sole cost of the developer.
Staff Finding
Staff does not believe that the proposed amendment will impose any undue burden on the
existing infrastructure or utilities in the area. Staff finds this criterion to be met.
3. Oversized utilities, public facilities, or site improvements are provided
appropriately and where the developer is reimbursed proportionately for the
additional improvement.
- 11 -
I"". .
Staff Finding
The Applicant is not proposing to install oversized utilities or public facilities and the
City has not required that oversized utilities be installed. Staff does not find this criterion
to be applicable to this application.
L Access and Circulation (Only standards 1 & 2 apply to Minor PUD
applications):
The purpose of this standard is to ensurl!, the development is easily accessible,
does not unduly burden the surrounding road network, provides adequate
pedestrian and recreational trail facilities and minimizes the use of security
gates. The proposed access and circulation of the development shall meet the
following criteria: . . '
1. Each lot, structure, or other land use within the PUD has adequate access
to a public street either directly or through and approved private road, a
pedestrian way, or other area dedicated to public or private use.
Staff Finding
The property has adequate vehicular access and this amendment will not affect said
access. Therefore, staff finds this criterion to be met.
2. The proposed development, vehicular access points, and parking
arrangement do not create traffic congestion on the roads surrounding the
proposed development, or such surrounding roads are proposed to be
improved to accommodate the development.
Staff Finding
The existing vehicular access points and parking arrangement are not proposed to be
significantly affected by the..a.mendment. If anything, t~~ proposed amendment will
allow for the driveway to be extended over the vault and will allow for a greater turning
radius into the existing garage stalls. Therefore, staff finds this criterion to be met.
J. Phasing of Development Plan.
The purpose of these criteria is to ensure partially completed projects do not
create an unnecessary burden on the public or surrounding property owners
and impacts of an individual phase are mitigated adequately. If phasing of the
development plan is proposed, each phase shall be defined in, the adopted final
PUD development plan. The phasing plan shall comply with the following:
1. All phases, including the initial phase, shall be. designed to function as a
complete development and shall not be reliant on subsequent phases.
2. The phasing plan describes physical areas insulating, to the extent
practical, occupants of initial phases from the construction of later phases.
3. The proposed phasing plan ensures the. ner:l!.ss.ary or proportionate
improvements to public facilities, payment of impact fees andfees-in-lieu,
construction of any facilities to be used jointly by residents of the PUD,
construction of any required affordable housing, and any mitigation
- 12 -
~
fir .,;~
\
\,
measures. are realized concurrent or prior to the respective impacts
associated with the phase.
Staff Finding
The ~pplicant is not proposing to phase the. proposed cOllstru~tioll and the vault that is
subject to the amendment have already been built. Therefore, staff finds this criterion not
to b{( 'applicable.
I
- 13 -
~
..
r"\
Aspen Community
Development
Department
130 S. Galena S1.
Aspen CO 81611
(970) 920-5090
(970) 920-5439, fax
Fax
To: Michael Thompson From: James Lindt
Fax: 927 -8487 Pages:
Phone: Date: 1/8/04
Re: 420 Thunderbowl Lane Staff Memo CC:
o Urgent
o For Review
o Please Comment 0 Please Reply
D. Please Recycle
. Comments:
Hi Michael,
Here is our staff memo for the 420 Thunderbowl hearing this coming Tuesday. Please let me know if
you have any.issues with.the conditions of approval thatare proposed in the resolution. Also, please
bring a signed copy of the affidavit of posting and mailing of notice to the hearing with a picture of the
posting and a copy of the mailing list. We are first On the agenda and the meeting begins at 4:30 PM.
Thanks,
James