HomeMy WebLinkAboutLand Use Case.289 Exhibition Ln.A068-03
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CASE NUMBER
PARCEL ID #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER! APPLICANT
REPRESENTATIVE
DA TE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
A068-03
2735-143-16014
Aspen Maroon Creek, LLC Final PUD
289 Exhibition Lane
James Lindt
Final PUD
Aspen Maroon Creek, LLC
David Johnston
01/28/04
ENFORCEMENT L TR
02/03/04
D DRISCOLL
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January 28, 2004
Bo Vinton
C/o David Johnston
David Johnston Architects
408 E. Cooper St, Suite 206B
Aspen, CO 81611
ASPEN / PITKIN
COMMUNITY DEVELOPMEI-IT DEPARTMENT
RE: 289 ExhibitionLane ActivityEnvelope Violation.
.1 '
Dear Mr. Vinton,
I a~ writing this letter as a result of the Planning and Zoning Commission's action that
denied your activity envelope request at 289 Exhibition Lane. As you are aware, two (2)
large flagstone patio areas were built outside of the designated activity envelope, which is '
a violation of the' Aspen Highlands Village PUD regulations. Given that the Planning
. and Zoning Commission denied your request to legalize the patios, the violation must be
remedied.
In speaking with your representative; David Johnston, it was exprc;ssed that you would
like to obtain a temporary Certificate of Occupancy conditioned upon removing the
subject patio areas by May 1 st in order to properly re-vege!:;tte the area: The Community
Development Staff concurs that a compliance date of May 1 st is appropriate to properly
re-vegetate the area in which the patios were buil( Staff also agrees that a letter of credit
based on a contractor's cost estimate to remove the patios is appropriate to ensure that the
patios are removed and the subject areas are re-vegetated prior to May 1 st.
Therefore, the Zoni~g Staff will approve a conditional Certificate of Occupancy for the
residence upon receiving a letter of credit and a copy of a contractor's cost estimate as
was explained above. That being the case, this letter shall serve as notice that the patios
must be removed and that the ilrea from which the patios are to be removed must be
properly re-vegetated to the satisfaction of the City of Aspen Parks Department prior t-o
May 1 st. If you have 'any questions or comments in regards to this matter please call me
at (970)920-5095.
Regards,
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James Lindt,
Planner
. Ci,ty of Aspen
.130 SOUTH GALENA STREET' ASPEN, COLORADO 81611-1975. PHONE 970.920.5090 . FAX 970.920.5439
Printed on Recycled Paper
130 S. Galena St.
Aspen CO 81611
(970) 920-5090
(970) 920-5439, fax
Fax
To: David Johnston From: James Lindt
Fax: 920-2186 Pages:
Phone: Date: 1/28/04
Re: 289 Exhibition Lane CC:
D Urgent
D For Review
D Please Comment D Please Reply
D Please Recycle
. Comments:
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DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section
26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights",
of the City of Aspen Municipal Code. This Order allows development of a site specific
development plan pursuant to the provisions of the land use approvals, des.cribed herein.
The effective date of this Order shall also be the initiatiqn date of a three-year vested
property right. The vested property right shall expire on the day after the third
anniversary of the effective date of this Order, unless a building permit is approved
pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a
revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of
vested property rights, this Order shall remain in full force and effect, excluding any
growth management allotments granted pursuant to Section 26.470, but shall be subject
to any amendments to the Land Use Cqde adopted since the effective date ofthis Order.
This Development Order is associated with the property noted below for the site specific
development plan as described below.
Maroon Creek Aspen, LLC, 289 Exhibition Lane, Aspen, CO 81611
Property Owner's Name, Mailing Address and telephone number
Lot 14, Block G, Aspen Highlands Village SubdivisionlPUD
Legal Description and Street Address of Subject Property
Approval to amend the building envelope to allow for a roof overhang to be maintained
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Planning and Zoning Commission Resolution No.1, Series of 2004-
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
January 17,2004
Effective Date of Development Order (Same as date of publication of notice of approval.)
January 17,2007
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration
and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen
Municipal Code.)
Issued this 17th day of January, 2004, by the City of Aspen Community
Development Director.
unity Development Deputy Director
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PUBLIC NOTICE
Of
DEVELOPMENT APPROVAL
Notice is hereby given to the general public ofthe approval of a site specific development
plan, and the creation of a vested property right pursuant to the Land Use Code of the
City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the
following described property: Lot 14, Block G, Aspen Highlands Village
SubdivisionlPUD, by resolution of the Planning and Zoning Commission numbered 1,
Series of 2004. Approval was granted for a building envelope adjustment to allow for a
. building overhang that was constructed outside the building envelope to be maintained.
For further information contact Julie Ann. Woods, at the City of Aspen Community
Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920-5090.
s/City of Aspen
Publish in The Aspen Times on January 17,2004
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RESOLUTION NO.1
(SERIES OF 2004)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING A PUD AMENDMENT TO THE ASPEN
HIGHLANDS VILLAGE PUD TO AMEND THE BillLDING ENVELOPE ON LOT
14, BLOCK G, OF THE ASPEN HIGHLANDS VILLAGE SUBDIVISION/PUD, 289
EXHIBITION LANE, TO ALLOW FOR A ROOF OVERHANG TO BE
MAINTAINED OUTSIDE THE ORIGINALLY DESIGNATED BillLDING
ENVELOPE, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
ParcelID: 2735-143-16-014
WHEREAS, the Community Development Department received an application
from Maroon Creek Aspen LLC, represented by David Johnston Architects, requesting
approval of a PUD amendment to the Aspen Highlands Village PUD to amend the
"activity envelope" and a "building envelope adjustment" on Lot 14, Block G, of the Aspen
Highlands Village SubdivisionlPUD to allow for two (2) patio areas to be maintained
outside the originally designated activity envelope; and,
WHEREAS, upon review of the application and the applicable code standards,
the Community Development Department recommended denial of the proposed PUD
amendment; and,
WHEREAS, during a duly noticed public hearing on January 6, 2004, the Planning
and Zoning Commission reviewed and considered the development proposal and entertained
a motion to approve both the requested "building envelope adjustment" and the "activity
envelope adjustment"; and,
WHEREAS, the motion to approve both the requested building envelope
adjustment and the activity envelope adjustment failed by a vote of four to two (4-2); and,
WHEREAS, the Planning and Zoning Commission subsequently considered a
second motion to approve only the requested "building envelope adjustment", which was
approved by a six to zero (6-0) vote; thereby approving the proposed "building envelope
adjustment" with the condition of approval contained herein; and,
WHEREAS, the Planning and Zoning Commission finds that the development
proposal for the "building envelope adjustment" 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, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION AS FOLLOWS:
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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 14, Block G, of the Aspen Highlands Village Subdivision/PUDto allow
for the roof overhang to be maintained outside of the originally designated building
envelope, with the following condition:
1. The Applicant shall record a plat identifying the amended building envelope
within 180 days of this approval.
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, 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.
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 6th
day of January, 2004.
APPROVED AS TO FORM:
COMMISSION:
PLANNING AND ZONING
City Attorney
Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
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CURRENT ZONING:
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Aspen Planning & Zoning Commission L _ /Jl- /.i{<t
Joyce Allgaier, Com~un,itYDevelopment Deputy Director "2- f,. Lf'J1, ' )
James Lindt, Planner0"L- Moh OV\ Qlt'lA.[ ecv
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January 6,2004 " . ,',' ", "." ,." ., ')" )') , .. ) \j~ ,\~l, t V\.8 ~U.
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MEMORANDUM
TO:
THRU:
FROM:
RE:
DATE:
The Applicant is requesting approval ofaPUD Amendment to allow
for an activity envelope adjustment to allow for two (2) patios that were
built outside the designated activity envelope to be maintained.
R-15 PUD (Aspen Highlands VillagePUD)
LAND U~E
REQUESTS:
PUD Amendment
STAFF
RECOMMENDATION:
Staff recommends that the Planning and Zoning Commission deny the
proposed PUD amendment.
BACKGROUND:
Maroon Creek Aspen, LLC ("Applicant"), represented by David Johnston Architects is
requesting approval of a PUD amendment to allow for the existing activity envelope at
289 Exhibition Lane to be adjusted (no increase in the size of the envelope is requested).
to encompass two (2) at grade patios that were constructed outside of the existing activity
envelope without first obtaining approval to do so. Additionally, the Applicant is
requesting a building envelope adjustment to allow for a roof overhang that was
constructed outside of the building envelope to be maintained. The property subject to
this PUD amendment is located within the Aspen Highlands Village PUD and contains a
new single-family residence that has yet to obtain a Certificate of Occupancy due to the
patio and overhang encroachments outside of the designated activity and building
envelopes. 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 structures be located within the designated building envelopes.
LAND USE ACTIONS REQUESTED:
The Applicant is requesting a PUD amendment to allow for the designated activity and
building envelopes at 289 Exhibition Lane to be amended to encompass the two (2) patio
areas and the roof overhang described above 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
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the Applicant has the ability to appeal an adverse decisil;m. 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. Moreover, prior to developing the existing single-family residence on the
site, staff was approached by the Applicant requesting the ability to develop outside of
the building envelope in the area where the patios currently exist. At that point, staff
indicated to the Applicant that there would likely be avalanche concerns and
recommended that they maintain their existing building and activity envelopes. In
addition, the City Zoning Officer clearly marked that there is no disturbance allowed
outside of the designated activity and building envelopes on the building permit plans
(attached as Exhibit "C"). Subsequently, the Applicant developed the patios outside of
their building and activity envelopes without approval.
Setting aside the fact that these improvements were made without approval, staff believes
that in this particular case, there were safety reasons for locating the building and activity
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envelopes where they were designated. In conducting a site visit, staff felt that avalanche
chutes had the potential to empty out into the area located directly to the southwest of the
existing building envelope, where the patios have been built. However, the Applicant has
provided staff with a letter (attached as Exhibit "D") from a licensed engineer certifying
that it is their belief that the patio areas are safe from avalanche concerns. That being the
case, staff feels that the Applicant has appropriately addressed the avalanche concerns
and that the City would not be liable for damages or safety issues related to possible
avalanches given the findings of the engineering report.
Staff believes that the proposed request is in conflict lVIth tlJ.e~o.l1ditions set forth in
the original pun approval. Staff feels that the building envelope on this parcel was
established to ensure the preservation of the natura.l m~adow area to the southwest
of the building envelope (please see site plan below for the location of the meadow).
Staff further believes that allowing for the extension of the envelope into this area
would defeat the purpose of establishing a building envelope on this lot. Therefore,
staff recommends that the Planning and Zoning Commission deny the requested
pun amendment. .
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If the Planning and Zoning Commission is inclined to approve the proposed request, staff
would recommend that the Commission require the conditions or approval that are
proposed in the resolution. The conditions in the proposed resolution require that the
Applicant obtain a change order to. the original building envelope and that a revised
drainage plan showing the patios be submitted for approval by the Community
Development Engineer. Additionally, a condition has been proposed that requires the
Applicant to re-vegetate the areas that are proposed to be removed from the activity
envelope with a native seed mix to be approved by the City Parks Department.
STAFF RECOMMENDATION:
Staff recommends that the Planning and Zoning Commission deny the proposed
request, finding that amending the activity envelope to encompass the two (2) patios
is a change in the character of the original approval, which designated the building
and activity envelopes in a manner that would preserve the natural meadow area
that is located to the southwest of the existing activity envelope. This will require
the Applicant to remove these improvements and return the area to its pre-
construction condition.
RECOMMENDED MOTION (ALL MOTIONS SHALL BE MADE IN THE AFFIRMATIVE):
"I move to approve Resolution No._, Series of 2004, approving with conditions, a
PUD amendment to allow for an amendment to the designated activity and building
envelopes at 289 Exhibition Lane to allow for the two (2) patio areas to be maintained as
constructed and to allow for the existing roof overhang to be maintained."
ATTACHMENTS
EXHIBIT A - REVIEW CRITERIA AND STAFF FINDINGS
EXHIBIT B - ApPLICATION
EXHIBIT C - ApPROVED BUILDING PERMIT SITE PLAN
EXHIBIT D - ENGINEERING LETTER RELATED TO AVALANCHE CONCERNS
EXHIBIT E - REFERRAL COMMENTS
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EXHIBIT A
PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT
Review Criteria & Staff Findings
SECTION 26.445.050, REVIEW STA.NDARDS: pun AMENDMENT
Section 26.445.050 ofthe 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
Activity envelopes were established in the Aspen Highlands Village PUD to prevent and
limit the destruction of native areas during construction of residences on these properties
that are located in sensitive environmental areas. That being the case, staff feels that it is
unfortunate that the Applicant constructed the patios outside of their activity envelopes in
an area that was supposed to be undisturbed. Therefore, staff does not believe that
allowing the Applicant to maintain the patios is consistent with the AACP. Staff does not
believe that this criterion is 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 affect 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.
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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 PUDdevelopment 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 guide in determining 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 requirements for the subject property are appropriate
and compatible with the folio wing influences on the property:
a) The character of, and compatibility with, existing 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 require111ents that were
established through the Aspen Highlands Village pun. 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 believe that the proposed amendment will affect the site coverage on the
property. The area that is proposed to be reclaimed and re-vegetated did not have
structure or patio on it in the first place. Therefore, the area that is proposed to be added
to the activity envelope to encompass the patios is allowing for them to be maintained
and thereby increasing the impervious area within the property over what was originally
approved. Thus, the proposed amendment allows for the residence to spread out more
than was originally intended.
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 ~and uses.
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b) The varying time periods of use, wheneverjoint use of common parking
is proposed
c) The availability of public transit and othertransportation facilities,
including those for pedestrian access andlQr 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 this application.
4. The maximum allowable density within a PUD may be 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:
a) The land is not suitable for the proposed development because of ground
instability or the possibility ofmuiljlow, rockfalls or avalanche dangers.
b) The effects of the proposed development are detrimental to the natural
watershed, due to runoff, drainage, soil erosion, and consequent water
pollution.
c) The proposed development will have a pernicious effect on air quality in
the surrounding area and the City.
d) 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 Finding
The Applicant is not requesting to reduce the maximum allowable density within the
PUD. Therefore, staff finds this criterion not to be applicable to this application.
6. The maximum allowable density within a PUD may 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. Specifically, the maximum
density of a PUD may be increased if:
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a) The increase in density serves one or more goals of the community as
expressed in the Aspen Area Community Plan (AA CP)(}r 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 maximum density results in a development pattern
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-madeJeatures 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 believes that the activity envelope on this lot was established in manner that would
preserve the natural meadow area to the southwest of the existing activity envelope. And
therefore, because the Applicant has disturbed this area, staff does not believe that the
proposal preserves the existing natural features of the property. Thus, staff finds this
criterion not to be met.
2. Structures have been clustered to appropriately preserve sign~ficant 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 criterion not to be
applicable to this application.
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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 surrouIJding parcels, and
with existing and proposed features of the subject property. The proposed
development shall comply with t~efollowing:
1. The landscape plan exhibits a well designed treatment of exterior spaces,
preserving existing sign~ficant vegetation, and provides ana111ple quantity
and variety of ornamental plant species suitable for the Aspen area climate.
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Staff Finding
Staff believes that the Applicant removed significant n'l-tural vegetation from the site
outside of the designated activity envelope. Therefore, staff finds this criterion not 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
Staff believes that the Applicant encroached upon the natural meadow area that was to be
preserved by the designation of the existing activity envelope. Staff finds this criterion
not to be met.
3. The proposed method of protecting existing vegetation and other landscape
features is appropriate.
Staff Finding
Please see response to Criterion C(l). Staff finds this criterion to be met.
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 indicativ~ of, the intended use, and
respect the scale and massing of nearby historical 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.
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Staff Finding
The Applicant will be required to meet the energy code requirements for the addition of
the patio area 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 patio that was added contains snowmelt. Additionally, the roof of the residence
accommodates the patio area through a gutter system that drains the water away from the
patio area. Staff finds this criterlonto beIIlet.
E. Lighting:
The purpose of this standard is to ensure the exterior o[thedevelopment 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 pun. Stafffiridsthis criterion to be met.
2. All exterior lighting shall be in compliance with the Outdoor Lighting
Standards unless otherwise approved .and noted .... in. , the... .final PUD
documents. Up-lighting of site features, buildings,lanascape 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,
the following 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 propos~d 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 -
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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 similar 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 through legal instrument for the
permanent care and maintenance of open spaces, recreation areas, and
shared facilities together with a deed restrictiol1; against future residential,
commercial, 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 unjustified 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.
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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 ensure the deve(opment 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, orother, land use within., thefUD has aqgquate access
to a public street either directly or through an'd approved private road, a
pedestrian way, or other area dedicated to public orprivate 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
affected by the amendment. Therefore, staff finds this criterion not to be applicable to
this application.
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 surr()un.,ding property owners
and impacts of an individual phase are mitigated adequately. I.fphasing 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 necessary or proportionate
improvements to public facilities, payment of impact fees and fees-in-lieu,
construction of any facilities to be used Jointly by residents of the PUD,
construction of any required affordable housing, and any mitigation
measures are realized concurrent or prior to the respective impacts
associated with the phase.
- 12 -
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c_1
Staff Finding
The Applicant is not proposing to phase the proposed construction and the patios that are
subject to the amendment have already been built. Therefore, staff finds this criterion not
to be applicable.
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f;xh 1'~~(1 I'll Ii
DAVIDJOHNSTONARCHITECTS
PC
.
November 14, 2003
Mr. Jaines Lindt
Community Development Department
City of Aspen
Re: 289 Exhibition Lane
PUD Amendment
Dear James,
On behalf of the Owners of Lot 14.289 Exhibition Lane. we are requesting a PUD Amendment to
reestablish the parameters of the Activity Envelope for the subject Lot.
Please note the enclosed site plan outlining the details of the proposal;i.e.975 SF of existing activity
envelope area located on the northwest side of the lot will be removed as 'activity envelope' and kept in a
~atural state of landscaping. A new 975 SF portion of activity envelope will be established upon the south
edge of the building envelope. This new portion will contain assorted hardscape and landscaping.
As apparent throughout the Aspen Highlands neighborhood, building envelopes are small and compact.
Care was given to establishing activity envelopes for any further development outside the building
envelope, including exterior patios and/or driveways. landscaping. or other disturbances. In the case of
Lot 14. the activity envelope was located between Lot 14 and Lot 12 on the northwest side (a dimension
of25 feet). a unrealistic position for any exterior uses other then landSCaping and regrading.
The southern portion of the building envelope is a logical location for outdoor hardscaping. Both private
and hidden from all adjacent homes and development, the proposed activity envelope takes advantage of
existing trail disturbance and site grading.
Enclosed is our response to Section 26.445.050. Review Standards.
Thank you for your time with this matter.
Respectfully.
----- -
..~
David Johnston
David Johnston Architects. pc.
~ '0 W 9 ~ ~\e..;t ~..- o-r-e-I. .
970 / 925 3444 I
970 ./ 920 2186 f
418 E Cooper Avenue Suite 206 Aspen CO 81611
www.djorchitects.com
concept@diarchitects.com
~
S'ection 26.445.050 Review Standards: Conceptual, Final, Consolidated, and Minor PUD.
A development application for Conceptual. Fin8I, Consolidated Conceptual and Final, or Minor PUD
shall comply with the following standards ,and re9-uirerntm-ts:..I)ue to the li1lliteaissues, associated with
Conceptual Reviews and properties eligible for Minor PUDReview, certain standards shall not be applied
as noted. The burden shall rest upon an applicant to show the reasonableness of the development
application, and its conformity to the standards and procedures of this Chapter and this title.
A. General requirements.
1. The proposed development shall be consistent with the Aspen Area Community Plan.
The new development is consiSteniwith theAspenArea Community Plan.
2. The proposed development shall be consistent with the character of existing land uses in the
surrounding area.
The proposed development is consistent with the character of existing land uses
throughout the Aspen Highlands area.
3. The proposed development shall not adversely affect the future development of the surrounding area.
The proposed development does not adversely affect the future development of Aspen
Highland Maroon neighborhood.
4. The proposed development has either been granted GMgSallotments, 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.
The proposed development is exempt from GMQ8.
B. Establishment of Dimensional Requirements:
The final PUD development plans shall establish the dimensional requirements for "all properties within
the PUD as described in General Provisions, Section 26.445'040, above:.The ditntm-~onalrequirements of
the underlying zone district shall be used as a guide in determining., the appropri8te dimensions for the
PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses
and existing development patterns shall be emphasized. The propoSed dimensional requirements shall
comply with the following: .
1. The proposed dimensional requirements for the subject property are appropriate and compatible with
the following influences on the property:
a) The character of: and compatibility with, existing and expected future land uses in the surrounding
area.
The existing size of the activity is maintained, thereby being consistent with the land
uses in the area.
b) Natural or man-made hazards.
The new activity envelope is located on a relatively flat grade adjacent to disturbed
areas of construction, compatible with all existing development
c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways,
shade, and significant vegetation and landforms.
The new activity envelope is appropriate to aU existing characteristics of the property,
away from any steep slopes or existing waterways, contains only on-grade
improvements and landscaping, on a natural grassland plateau, independent of any
significant landforms.
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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.
The new activity envelope is compatible to all man-made characteristics of the
property. The. new area is hidden and independent from all public access or public
circulation, including driveways, sidewalks, or parking, and does not contribute noise
adversely with adjacent properties.
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 PUn and of the surrounding area.
The.area of activity envelope will remain the same, consistent with the original PUD.
3. The appropriate number of off-street parking spaces shall be established based on the following
considerations:
Not applicable.
a) The probable number of cars used by those using the proposed development including any rion-
residential land uses.
b) The varying time periods of use, whenever joint use of common parking is proposed.
c) The availability of public transit and other transportation facilities, mC1llding those for pedestrian
access and/or the commitment to utilize automohile disincentive techniques in the proposed development.
d) The proximity of the proposed development to the commercial core and general activity centers in the
city.
4. The maximum allowable density within a POO may be reduced if there exists insufficient infrastructure
capabilities. Specifically, the maximum density of a POO may be reduced if:
Not applicable.
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.
S. The maximum allowable density within a POO may be reduced if there e#sts natural hazards or critical
natural site features. Specifically, the maximum density of a POO may be reduced if:
Not applicable.
a) The land is not suitable for the proposed development because of ground instability or the possibility of
mud flow, rock falls or avalanche dangers.
b) The effects of the proposed development are detrimental to the natural watershed, due to runoff,
drainage, soil erosion, and consequent water pollution.
c) The proposed development will have a pernicious effect on air quality in the surrounding area and the
City.
d) 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 distUrhance to critical natural features of
the site.
6. The maximum allowable density within a POO may be increased if 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. Specifically, the maximum
density of a POO may be increased if:
Not applicable.
t".
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a) The increase in density serves one or more goals of the community as expressed in the Aspen Area
Community Plan (AACP) 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 maximum density results in a development pattern compatible with, and
complimentary to, the surrounding existing and expected development pattern, land uses, and
characteristics.
Notes:
a) Lot sizes for individual lots within a PUD may be established at a higher or lower rate than specified in
the underlying zone district as long as, on average, the entire Pun conforms to the maximum density
provisions of the respective zone district or as otherwise established as the maximum allowable density
pursuant to a Final PUD Development Plan.
b) The approved dimensional requirements for all lots within the PUD are required to be reflected in the
final PUD development plans.
C Site Design.
\l'J The pwpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's
natural and man-made 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.
The patios and landscaping designed within the new activity envelope compliment the
existing. home design and the surrounding development areas, by using natural stone
, materials, random shaping and contouring, and landscaping accentuating the natural
environment
2. Structures have been clustered to appropriately preserve significant open spaces and vistas.
The new development preserves all open space originally designed.
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.
All new developable areas are hidden from all public streets.
4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access.
Not applicable.
5. Adequate pedestrian and handicapped access is provided.
All development is on-grade.
6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and
shall not negatively impact surrounding properties.
All site drainage is accommodated as originally approved and designed.
7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate
any programmatic functions associated with the use.
Not applicable.
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"".
B. 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 of the subject property. The
proposed developmep.t shall comply with the following:
1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing
significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for
the Aspen area climate.
All new development within the new activity envelope enhances the existing landscape
character of the site, creates a natural setting for patios,. and enhances the man-made
fitructure. AU new landscaping is suitable for high-alplne environments.
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.
All existing features will be preserved.
3. The proposed method of protecting existing vegetation and other landscape features is appropriate.
All existing features will be preserved and maintained.
E. Architectural Character.
It is the purpose of this standard is 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 an architectural
character plan, which adequately depicts the character of the proposed development. The proposed
architecture of the development shall:
Not applicable.
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 historical and cultural resources.
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.
3. accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that
does not require significant maintenance.
F. Lighting.
The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate
manner considering both public safety and general aesthetic concerns. The' following staridal'ds shall be
accomplished:
No additional lighting is proposed as part o/this application.
1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining
streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate
manner.
2. All exterior lighting shall in compliance 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 residentt81 developmeIlt.
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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, the following criteria shall be met:
Not applicable. See descriptions above/or enhancement of open space.
1. The proposed amount, location, and design of the conunonpark, 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.
2. A proportionate, undivided interest in all common park and recr~tion areas is deeded in peI]Jetuity (not
for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a
similar manner.
3. There is proposed an adequate assurance through a legal instrument for the permanent care and
maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against
future residential, commercial, or industrial development.
H. Utilities and Public facilities.
The purpose of this standard is to ensure the development does not itnpo~~.lu.\(tllel>1trd~. 011 the City's
infrastructure capabilities and that the public does not incur an unjuStified financial burden. The proposed
utilities and public facilities associated with the development shall comply with the following:
Not applicable.
1. Adequate public infrastructure facilities exist to accommodate the development.
2. Adverse impacts on public infrastructure by the development will be mitigated by the necessmy
improvements at the sole cost of the developer. '
3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the
developer is reimbursed proportionately for the additional improvement.
L Access and Circulation. (Only standards 1&2 apply to Minor PUD applications)
The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the
surrounding road network, provides adequate pedestri~ and recreational1r8;iI, facilities an<imitritnizes the
use of security gates. The proposed access and circulation of the development shall meet' the following
criteria:
Not applicable.
1. Each lot, structure, or other land use within the PUD has adequate 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.
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.
J. Phasing of Development Plan. (does not apply to Conceptual PUD applications)
The purpose of this 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 niitigated
adequateIy. If phasing of the development plan is proposed, each phase shall be defined in the adopted
final POD development plan. The phasing plan shall comply with the following:
The existing development enhancements and improvements are existing.
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._.~...~_~_. \".1
NOV-lU-i!UUJ nuN 11; U tu1
r"^ I'IU.
I. vr...
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
Pl.ANNBR:
PROJEC"':
RfiPRESHNTATlVE:
OWNBR:
TYPE OF APJ'UCA TION:
DESCRIPTION:
James l.indt, 920.5095 DA TF.: 11/10/03
28~ ~hibition u\no Planned Unit Developnlcrtt All1cndmcmt
David Johnston Architccts
Maroon Creek Aspen Ltc
pun Amendment
Amending allilding Envelope to allow for patios to be maintained that encroach outside the
existing buildil\g cnvelollC.
Land Use Code Section(s)
26.445. PUD
Review by:
Staff for complete application, refermli'lgencics for technical considerations, Planning and
ZOlling Commission for decision.
Yes
Planl\ing Deposit $1260
$1260 fOl' 6 hours of Staff Time (Rille" at $210 per hour over the time that deposit covers)
Pllblic llearing:
Planning Fees:
Total Deposit:
To apply, submit the following information:
1. TOlillDeposil fOT review of application.
2. Applicant's llame, address and telephone number, contained within a letter signcd by the applicant
stating the name, address, and telephone number of the representative m1thorh~ed to act on behalf ofthe
applicant.
3. Signed fee agreement.
4. Pre-application Conference Swnm81Y.
S. An 8 1/2" x 11" vicinity map locating the subject rarce1s within the City or Aspen,
6. Site Plan and Survey showing the encroachments beyond thebuHding envelope (please supply two 24" x
36" copies and ten 11" x 17" copies). On the surVey. please show the area that is proposed to be
incorporated in the building envelope and the area of development envelope or building envelope that is
proposed to be removed so that the proposed building envelope is not any larger than the existing
building envelope ndjustment.
8. A written description orthe proposal and a written explanation of how a proposed development
Com}.lUes with the review sf'dndards relevant to the development application,
--19_ Copies of the complete application packet (itClns 2-8)
Process:
Apply. Plttnner checks application fOl' completeness. Staffthell rcvicwsapplicatian against pun Amendment
Standards. After the Community Development Staff has determined that the application js complete, the
Community Devclopnlcnt staff will assign a he-..\ring date. PJanning and Zoning Commission reviews
application at public hearing and makes final decision. .
J>iselninat'r:
The rorcgoin~ summary is advisory in natu1'C ol1ly and is not binding on the City. The $Umnlary is based on ~unent zoning, whicb is
subject to change;n the future, and upon factuall'eprcsenlalions thaI mllY or may nOI be accUI'are. The sllmmary €lues not creale a
I~ar or vc!\tcd rl~hl.
..
Nov 10 03 10: 59a DAV I D JOHNSTON i=lRCHlTECTS 97.tL....,.,.'. ..,.~9, 20 2186
~ NOV-04-2003 ruE 10:42 ~. FAX NO. IT..'."
p.3
p, 06
Al"rUCANT:
ATTACHMENT2-LANDUSEAPPUCAT~N
Name:
Location:
Parcel JD.,
_~'RESF.NTAnV&:
Name;
Address~
PhOD~":
David Johnston
418 Cooper Street, Suite 206 Aspen, CO
925-3444
PROJECT;
Name: Aspen Maroon Creek, LLC
A~: 289 Exhibition Lane Aspen, CO
Ho~~ 302-654-6611
TYPE Of' ArrL1CATlON: (please check all that apply):
o Conditional Use 0 Conceptual PUD
o Special Review ~ F"ma1 PUD (.t; pun Amendment)
o Design Review ~l 0 Conceptual SPA
o OMQSADotment 0 Final SPA. {&SPA Amertdment)
o OMQS Exemption. ~ 0 SubdMsimr
o E.~A - 8040 Greenline, smam O' Subdjvimm. Bxcmption (mcIudcs .
M:srgin, HalIam Lake BloB; condominiwnization)
Mounfain. View Plaqe
o Lot Split
Lot Line A . stment
,..
.
o
o
o
o
o
o
Conceptual Historic Dcvt.
rmat lfiSlOric Development
Minor Historic Devt.
Historic: Dcmoli1ion
Historic Designation
Small Lodge ConveISionl
&pansion
o
o
Other.
EmrmcCmDlJ__ ~--of~W~~7=~.'~)
I . -. ~ : . .
J
I~ (~of~~__~~l
1
Have )'0" attaehed the fo).ow.u.C? FEES DUE: S
o Pre-AppJkW(JJ) Conference Summary
o Attacbrnent#l, Signed Fee Agreement
o Response to Attncllment #3, DiOletlsiof1al Requirements Porm .
o Re$pOJlsc to Attachment #4, 91.l bmittal Requiremenu-1ncluding Written Responses to Review Standards
AD plans that are larger thu 8.5" x II" must be folded and _,floppy disk with aD eJectronie copy of aU written
text (MiCl'O$oft Word Format) must be submitted as part of the appJic:ation.
..
Nov 10 03 10:58a DAVID JOHNSTON ARCHITECTS 97~920 2186
.. NOV-04-2003 ruE 10:41 ~i FAX NO. "~
CITY OF ASPEN COMMUNITY DEVELOPMENt DEPARTMENT
A2rcemcIlt for l'1\I.mc!llt or Citv or MOelli Dcwcrnpl1l6nt Application Fee~
CITY OF ASP~"N (bl!fCinilncr CITY) IIntl Asper: Maroon C:reek, LLC
(hefeilloli~I' API'LlCANT) AGREE AS FOLLOWS:
I. APPLICANT lNls l>ubmitUd to CITY an application fur
PUD Amendmmnt . 289 Exhibition Lane
(lllm~il1l1ftor. THE flROJECT).
2. APPLICAN'J' undcr!lland~ anc.lllgrocs thot City or ASJll'n Ol'din:mce No. 57 (Series of
2000) oslablisbes il fee strucrLlre for Land Use applications aud the payment of all processing 1t-cs ill II
condition precedent to a dctenninntion of application COll'lpJetlllltsS.
3. APPJ.IC^NT anll CITY agn:c that because of tbe size, naMe or ~opc of the proposed
project, it i3 not pO$!ljbfc al lhi$ lifT1\) tl'l tlllC,-Tlllin the ftllJ C"t!..llt of the cr,:Il$ mvtllv~d ill pro~e$$ing the
#Jlplicntitln, APPI.1CANT and C..rTY Curtber llgn.~ Cba[ it is in the illlllrllSt of the pl1rlillll 111111 APPt.JCANT
make J1ayrm..>nt of an initial dr:pt)sit and to lhr:tCllftcr pennil additional costs 10 be hilled to Al>PJ.lCANT on
a monlldy basJs. APPLICANT a{:l'eeS addlfioQal ~OSls tn.1Y Il<lcroo fl?lIowins their hearings and/or
approvals. APPLICANT agrees be will be beJl~fited by retaining grelltcr ollsh liquidity and will mnkc
additional payments "pon n(lfifiCDtioll by the CITY when UICY i1rc neoessttry DS costs are h)c'If1~d. ClfY
agrees it will he benefited lllTOugh the gn:atur cl:rlml11y of recuvering its filii cOilbl to process
Al>Pf.ICANT'S application.
4. .. CITY and A PPUCANT Cl1tther agree thDI it is impmctiCt1blc for CITY staff to complete
processing or prc.!leIlt sufficient infom1i1tjon to the Planning Clm1nlission a"dtur City COU1lLiJ 10 enable thc
PlAnning Commi~ion anellor City Council 10 lnl1ltll '''~lI11y n:quiretl fmdings lor proj~c1 eonsidc1'l1tion.
unlC"5 c.urrent billings arc paid in full priol' 10 decision.
SI '11lerefOfe, APPLICANT agrees thnt ill consideration oCtile CITY's waiver of its right to
collect full fet's prior to D determinDtion of appl\Cllti~ cornpJctcnll.~:'I, APP, UCANT shan pay 1m initia'
deposit in tbc llmount on~ which ill Ihr _ 110\lT$ of Community Development stDJf
time, and if ac:ltud rCI..'Orckti eustsoxct.'Ildtho initial deposit, APPLICANT shall pay additional monlllly
billil11:3 to Cn"y to rcilTlb\ltS\\' the CITY for the proeesshlg of the Wlitation mentioned tlbove, incJuding
post aflf1roYll' revicw III a me 01'$205'00 per pll\OJlOr hour 0,," Jht initial deposit. Such periodic; paytneoo
Mall be: malh: within 30 days of tile billing dote. APPf.lCANT f\U'the), Ilgrces tJtllt hillUe to pay such
al..'a~ costs shall be grnund$ for $l,t$pe\1$ion ofproc;cssing.:md in 110 ca."': will building permits be issued
until aU costs associated with Clu.e procC1\sing have been [lllid.
CITV OF ASllEN
APPLICANT
~V}.f\7~
Dy: T'VJ
8y;
Julie Am. Woods
(~oOlmll1)it)" Deve1'.J)ment Dirtel&r
11-11-03
Dille:
BimlJn A"dr~.~$ and Telephone Number:
R~~r~d
3 Water Street
Suite 300
~ ;\suprBn\furlllSi\agrpAYllS.doe
4/05/03
Wilmington, DE 19801
302-654-6611
p.2
P. 04
.
~
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ASPEN MAROON CREEK, LLC
300 WATER STREEt
SUITE 300
WilMINGTON, DE 19801
November 10, 2003
Mr. James Lindt
Planning & Zoning Commision
City of Aspen
Aspen, CO
RE: 289 EXHIBITION LANE
PUD AMENDMENT
Dear Mr. Lindt
This is to inform you that Aspen-Maroon Greek, LLC hasfllJt~()rized David Johnston, of
418 Cooper Street, Suite 206 Aspen, CO (phone: 925-3444) to act as our
representative in the above referenced matter.
Regards,
~EA\)
\JJ~
B. Vinton
Partner
302-654-6611
,.
NOV. 10.2003 1: 36PM
..,tv OF ASPEN
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Dee 29 03 08:59a
DAVID JOHNSTON ARCHITECTS
r\
ARTHUR 1. MEA.RS, ~E., INC.
Natural Hazards Consultants
S55 Cqunty Road 16
Gunnison, Colorado 81230
TelJFax: 970-641-3236
artmears@nnii.com
9?a920 2186 p. 1
~Xt'\ll~ \+ \Y/J II
December 23. 2003
Mr. David Johnston
David JohnstonArchitects, P.C.
418 E. Cooper Ave., Suite 206
Aspen, CO 81611
RE: Avalanche hazard to patio area, Vinton residence
Dear Mr. Johnston:
As you requested, I made a site visit to the Vinton residence, located on lot 14 on
December 22, 2003. The purpose of my site inspection was to evaluate the potential
snow-avalanche hazard to the south patio. area which is shown on your plan which was
faxed to me on 12/23/2003. This property is located south of the LowerStein ski run,
which can also selVe as an avalanche path during severe and unusual snowpack and,
weather conditions and can run out into the meadow area south of the house.
My site inspection indicates that the lower Stein avalanch~. even during the rare design-
magnitude avalanche conditions' will flow completely to tM south ,of the existing building
and the completed south patio area (the "new activ.ity envelope") adjacent to this
building. When this avalanche extends to its gre~test width it will still pass
approximately 30m to 40m (100 to 130 feet) to the south of the house. The new activity
envelope is therefore roughly 70 to 100 feet to the north of the maximum limit of the
avalanche, even during design-magnitude conditions.
Because the new activity envelope will not be affected by avalanches no mitigation of
any type will be required.
Please contact me if you have any questions.
Sincerely,
~~J. \~ad
Arthur I. Mears, P.E.
Avalanche-control engineer
, In Pitkin County, the design-magnitude avalanche, an event with a magnitude and desJructive
potential that must be considered in land-use planning and engineering, has a return period of
100 years.
. .
Mass Wasting . Avalanches' Avalanche Control Engineering
Br\~n Flynn, 11 :04 AM 12/~003 , DRC review ofthe PUD am,end~,289 exhibition 1... Pa~e 1 of 1
.. f?d'll h't to
X-Sender: brianf@commons
X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58
Date: Thu, 11 Dec 2003,11 :04:04 -0700
To: jamesl@ci.aspen.co.us
From: Brian Flynn <brianf@ci.aspen.co.us>
Subject: DRC review of the PUD amendmet 289 exhibition lane
X-MailS canner-Information: Please contact the ISP for more information
X-MaiIScanner: Found to be clean
James, after review of the requested PUD amendment, the following conditions apply:
I) Supply the Parks Dpt with the current landscape plan for the portion of the existing enveloped
proposed to return to natural conditions. The plan should detail the native seed mix, tree species, and
exact locations.
2) Parks will review the plan and make decisions to the locations, species and total number of plantings.
3) Landscaping shall take place and be inspected by the parks department for final approval.
Brian Flynn, Parks & Open Space Coordinator
130 South Galena St Aspen, CO 81611 970-920-6011(P) 970-920-5128(F)
Printed for James Lindt <jamesl@ci.aspen.co.us>
12/11/2003
J. Daniel Labs, M.d~, 01: n~T2j26J2663,publi~Hearing
Page 1 of 1
e>T,n 'J \\
t:::::)( n 1M f r 'F It
From: "J. Daniel Labs, M.D." <drdan1@gulfaccess.net>
To: <jamesl@ci.aspen.co.us>
Subject: Public Hearing January 6, 2004
Date: Fri, 26 Dec 2003 15: 11 :28 -0500
X-Mailer: Microsoft Outlook, Build 10.0.2627
Importance: Normal
X-MailS canner-Information: Please contact the ISP for more information
X-MailS canner: Found to be clean
Dear Mr. Lindt:
As the co-owner of Lot 16 Aspen Highlandsl\t1ClfQQnCreek, we OPPOS~ any chcinges to the activity and building
envelopes on Lot 14, Block G, Aspen Highlands Village Subdivision that impact Lot 16 IN ANYWAY.
Kindly CONFIRM by return e-mail our written opposition.
Thank you for your assistance,
J. Daniel Labs
Printed for James Lindt <jamesl@ci.aspen.co.us>
12/29/2003
f\'c).-uY'lts .
R ~iJl'-euJed Q+--
1/0/0L;- PI 2-
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130 S. Galena St.
Aspen CO 81611
(970) 920-5090
(970) 920-5439, fax
Aspen Community
Development
Department
i:~.~"
Fax
To: David Johnston From: James Lindt
.
Fax: 920-2186 Pages:
Phone: Date: 12/31/03
Re: 289 Exhibition Lane Staff Memo CC:
" . ' ' '" "., ... .
D Urgent
D For Review
D Please Comment D Pleas.e Reply
D Please Recycle
. Comments:
Hi David,
Here is the agenda and staff memo for the meeting on Tuesday evening. I would imagine that the item
will come up about 6:30 PM or so. Also, please bring your notarized affidavit of mailing and posting
notice with a picture of the posting and a copy, of the mailing list to the hearing. Please let me know if
you have any questions.
Thanks,
James
~
Aspen Community
Development
Department
130 S. Galena St.
Aspen CO 81611
(970) 920-5090
(970) 920-5439, fax
Fax
To: David Johnston From: James Lindt
Fax: 920-2186 Pages:
Phone: Date: 12/4/03
Re: Notice for 289 Exhibition Lane cc:
D Urgent
D For Review
o Please Comment []p'le~~~Jteply
D Please Recycle
. Comments:
Hi David,
Here is the public notice to mail to property owners within 300 feet of 289 Exhipition LCllle for tl)6 public
hearing on January 6th. You may obtain the mailing labels from our GIS department on the first floor of
City Hall. Also, posting notice on the property is required. Thatbeing the case, I have filled out a notice
sign for you to pick up at your convenience. Also, please find attached an affidavit of posting and
mailing that I need you to fill out and bring to the meeting. Please attach a photo of the posting and a
copy of the mailing list. Please let me know if you have any questions.
Thanks,
James
~
PUBLIC NOTICE
RE: 289 EXHI:Bn'IQN~ANE .}lyI>. A.lVIl!:NDMENT TO AMEND !H:ti: 1l'l.JI~pIN(;1NP
ACTIVITY ENVELOPE . ..".......'.,......'., .... " .,..., '...'..,.,..' '.i' ','
NOTICE IS HERE:BY GJVEN.that a public hearing will be held on Tuesday, January 6, 2004 at
a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities
Room, City Hall, 130 S. GalenaSt., Aspen, to consider all application submitted by Maroon Creek-
Aspen, LLCrequesting a Planned Unit Development (PUD) Amendment to amend the actiyity and
building envelopes on Lot 14, Block G, Aspen Highlands Village SubdivisionfP1}D. Thesubject
property is legally described as Lot 14, Block G, Aspen Highlands Village Subdivision and is
located at 289 Exhibition Lane. .Forfurtl1erinfof11l(;ltion, contact ~ames Lindt at the City of Aspen
Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5095,
j amesl@ci.aspen.co.us.
s/Jasmine Ty~re, Chair
Aspen Planning and Zoning Commission
Published in the Aspen Times on December 20, 2003
-----------------------------------------------------------------
-------------------------------------------~~~-----------------
"j..d.."..............e.'.'.._.P....'.......d..".........,.,.,.... '.""..",..-,
City of Aspen Account
.' ~.~ ."""""""~"'~'-"'~.~, ><
~
David Johnston Architects
Letter of Transmi,ttal
Date: October 17,2003
From: David Johnston
To: Sarah Oates
Company: City of Aspen
Pages: (1) Site Plan
Project: Lot 14, Aspen Hig~ands
Subject: Patio Plans
Comments:
Dear Sarah,
Thank you in advance for your time on this. The plan should be clear as to the area
in question. Our goal is to have an administrativ.e.revi~",,(j~aling with the limits of
disturbance and the expanded activity envelope. .
Please call with questions or comments.
Sincerely, ~I
- ~ ~
David Johnston
David Johnston Architects, PC
418 E. Cooper Avenue Suite 206 Aspen, Colorado 970.925.3444 970.920.2186 fax vvww.djarchitects.com
""'"'''"...'''.~".f. "~.~'i'"" "~~'~'''''''''.~~
DEC-04-2003 THU 09:55 AM
FAX NO.
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION. 2E),~04.Q~O (E), ASPEN LAND USE CODE
ADDRES$OFPROPER'l'Y: '2.8, Ex:L,iloi-l-io~ l,..."",e,..
SCHEDULED PUBLIC HeA~ING DATI?: . Jqll\. ,t;!:1.
, Aspen, CO
. ' zoo.f..
STATE OF COLORADO )
) 55.
Counly ol'l'itkin )
I, w. Jot.... H",-.t~ur- -:z:p:::::-, _ (name, please print)
being or l'cpresenting an Applicant to the CiijorAspen, CO!(}l'ado, hereby personally
celtify that I have cOlnplied with the public notice requirements of Section 26.304.060
(E) ofthe Aspe~ Land Use Code it). the following manner:
._1 Publication of notic,e.. By the publication in th.e lega.l notice section of an official
paper or a pa.per of general circulation in the City' of ASPC1\ at least fifteen (15)
days prior to the public hearing. A copy of the publication is attacT7ed hereto.
L Posting of notice: By posting of notice, which fo~ was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was 110t less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
~~~~::~l~;l:l:~fi~ i~~~~:~:;n~~~n~~~~~~:\~I~S~~i~~;c:o~~~el ~ :~a~a:;
.~_, 200L, to and including the date and time of the public
hearing. A pholograp~ oflhe posted notice (Hgrz)iS(1itacned herero.
~ Mailing ofnalice. By'the mailing of a 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 leClSt fifteen (I5) days prior to
the public he~ring, notice was hand deliverec;t or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, $t..'rvice district or other governmental or quasi-govemmental agency that
owns property within three hundred (300) feet of the property subject to the
development application. TIle names and addresses of property owners shall be
those 011 the current tax records of Pitkin County as they appeared !1o more than
sixty (60) days prior to the date 'of the public hearins. A copy of the owners and
governmen.tal agencies so noticed is atlachetlbf!r~/o,
(conUrn.led on next page)
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DEC-04-2003 THU 09:55 AM
FAX NO.
P. 04
"..-.....,
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,I
Rezoning 01" lext amendmenf. Whenever the official zoning district map is in
any WRY to be changed or amended incidental to or as part of a gencml revision
of this Title, or whenever the text Oflhis Title is to be amended, whether sllch
revision b~ made by repeal of this Tille and enactment of a new land use
regulation. or otherwise, the requirement of an accurate survey map or other
$\.1 rJi.CiCllt legal description of, and the notice to and listing of names and
addresses of owners of real pl'OpCl1y in the area of thc propos~d change shall
be waived. However, the proposed zoning map has been nvailabl(:l f~)r public
inspeclion in the plaJUling agency during all business hours for fifteen (J 5) days
prior to the public hearing on such amendments.
~
I' nature
----
The foregoing "^ffidovit of Noticc" was acJw()
Of::>~~,20o:i.bY "
WiTNESS MY HAND AND OFFICIAL SEAL
es 01/17/2006
-
~
~
ATTACHMENT 7
AFFIDA vIr OF PUBLIC NOTICE
, REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: . ,-;2$'1
SCHEDULED PUBLIC HEARING DATE:
~KV\ ;LX~{I{8J~t LVt
) /(:7 /rJL/--
, (
, Aspen, CO
,200_
STATE OF COLORADO )
) ss.
County of Pitl,in )
~~~<:i
"!.,,t);.,~,r
I,'~ V\/lf2-S ~/V) ~r ' ' ,'. '. . (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 AspeI?: Land Use Code ill the following manner:
I .
K Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the public,ation is attached hereto.
J'~sting of n~tice .:.~yposting of l1otice, which form was obtained from th~
C;B~tlrLity Development Departriient,which was madeof suitable, )
wa1erpxpof materials, which was not less than twenty-two (22) inches wide ~
and twenty-s-ix(26) inches high, and which was composed ofletters not
less than- one inch in height. Said llotice was posted at least fifteen (l5) days
prior to the public hearing and was continuously visible from the _ Gay of
,200_, to and including the date and time of the public
hearing. Aphotograp~ 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) of the Aspen Land Use Code. At least fifteen (15) days prim' to
the public hearing, notice was hand delivered or mailed 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 agenqY that
owns property within three hundred (300) feet of the property subject to th~
development application. The names and addresses of property owners sha+U be
those on the current t8.?C records of Pitkin County as they appeared 110 more than
sixty (60) days prior to the date 'of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
~,
,!,\
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidentaUo or as part of a general revision
of this Title, or whenever the text of this Titlei$ to be atnelld~cl., 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 t.o illld listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the plarming agency during all business hours for fifteen (15) days
prior to the public hearing on such arnendments.
~f/. 1.
" Ignature
~.;Jj
I .
'Thejm;egoing "Affidavit Of, Notic€" was a~ledged befOJ;e miSSJay
of U~" ,20Oc~ by ~ ')0 '<! b /-.1
.t~'1~~Lt'B[jb1it'~Z~f,~;f1
Tuesday! January6,2(jQ4.( a '
at ,4:.39 p.m. be/ore the AspenJ
/P~~.in ... 'ion,Si'ster'Cit~~
i4k;i~?,.. c ,..',~ _,,,:<,': .i,~~~",~O '"s~~~;~'~(tn~~
?\;sld~r~9 '3pp~ication M'ar6'onCr~el<
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HIghlands. Village SUbd''1~I()I1/PiJd."'i:h~!stibje.sCOGRAPH OF THE POSTED N. OTICE",fSIGNI
prop~rtYlsl~ganyde~SYll:>ep ~.F()tI4 . BloSk'tr . \ j I
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. "l?~r"t'.l1"~n"\,)30~:..GaI na St., Aspen. CO (970) 92'ih' BY MAIL
5095. )am~sl@cl.asp .cO.us. ....,,'
,..",., ..C ;..,,;,......;.;, s/Jasmlne Tygre, ChaW'
,.,;:))~<~",;,,:: ~sp~n Planni~g aIld Zoning Commission
''''b,~~h$~l'pln. T~e Aspen Times OIl. Qes~mber 20,
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WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: 'I /~
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Notar"y Public
ATTACHMENTS:
COpy OF tHE PUBLICATION
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ASPEN HIGHlANDS COMMERCIAL
METRO DIST
715W MAIN ST#304
ASPEN, CO 81611
CHQPIVSKY GEORGE JR
3217 CATHEDRAL AVE N W
WASHINGTON. DC 20008
GUENTHER JACK-TRUSTEE
153 TREELINE PARK STE 300
SAN ANTONIO. TX 78209-1880
STUBE KEITH 50%
192 RIVER OAKS DR
GRAND ISLAND, NY 14.072
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ASPEN HIGHlANDS MOuNTAIN LLc
PO BOX 1248
ASPEN, CO 81612
CITYWIDE MAINTENANCE CO
8460 NIEMANRD
LENEXA. KS 66214
lABS J DANIEL 50%
STUBE KEITH 50%
3110 GIN LN
NAPLES, Fl 34102-7807
WilLOW 388 TRUST
830 S MADISON
DENVER. CO 80209
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600 E HOPKINS AVE
ASPEN, CO 81611
EXHIBITION lANE LLC
C/O .KlEIN-ZtMET PC
201 N Mill ST STE 203
ASPEN, CO 81611
POC BOHN llC
3737lAPALCO BLVD
HARVEY, lA 70058
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GlENWOOD SPRINGS, CO 81602
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289 Exhibition Lane Notes
This is a public hearing to consider an application submitted by Maroon Creek Aspen
LLC requesting approval of a PUD amendment to amend the existing activity and
building envelopes at 289 Exhibition Lane to allow for two (2) at-grade patio areas to be
maintained outside the existing activity envelope and to allow for a roof overhang to be
allowed outside of the existing building envelope. The Planning and Zoning Commission
shall approve, approve with conditions, or deny the proposed request after considering a
recommendation from the Community Development Director.
Specifically, the Applicant is requesting to amend the designated activity envelope to
allow for two (2) patios that were built outside the existing activity envelope without
approval to be maintained at 289 Exhibition Lane in the Aspen Highlands Village PUD.
Additionally, the Applicant is requesting to amend the existing building envelope to
allow for a roof overhang to be maintained outside of the existing building envelope. The
Aspen Highlands Village PUD requires that all non-native landscaping, patios, and
retaining walls be located within the designated activity envelopes that were set in the
PUD approval. The Applicant is proposing to add this area that encompasses the patios
to the designated activity envelopes, and reduce the existing activity envelope by the
same amount of square footage as can be seen on this plan. In the area that is to be
removed from the activity envelope, the Applicant has proposed to revegetate this area
with native vegetation.
In reviewing the application, staff does not wallt to condo.ne deve.l.opin., g..outside,. of the
.. .." ..'?t....,...............".,....." -..---.--~-:-u..'..~.c'..';,~. ..;.;..." '..'0 _,',," ,".. ........ .... ..
designated activity envelopes without first gaining approval. Tha{ -being said, the
Applicant previously requested the ability to allow for the building envelope to be
expanded to the southwest prior to starting construction of the residence. At that time,
. staff expressed that we were concerned about the avalanche chutes that empty into this
area and that we would not support an amendp~~E~;.,., In response to the avalanche
concerns, the Applicant has now provided a ~ from a licensed. engineer that
concludes that the patios will not be affected by possible avalanches. Therefore, staff
believes that the Applicant has sufficiently addressed the avalanche concerns that staff
had.
t\J.rT'V vh"..Jy,...5taff also feels that the building and activity envelopes on this particular
parcel were established to protect a natural meadow area that exists just to the southwest
of the existing activity envelope where the Applicant has located the patios. Due to the
fact that the proposed envelope adjustment would allow for the patios to be maintained in
this meadow area that was to be undisturbed, staff feels that allowing for the patios to be
maintained is a considerable departure from the conditions and representations made in
the original development plan that was approved in the County and staff does not believe
that we can support the proposed change. Thus, staff recommends that the Planning and
Zoning Commission deny the proposed amendment.
,,{~,
DAVI DJOHNSTONARCHITECTS
PC
~.
.
November 14, 2003'
Mr. James Lindt
Community Development Department
City of Aspen
Re: 289 Exhibition Lane
PUD Amendment
Dear James,
On behalf of the Owners of Lot 14,289 Exhibition Lane, we are requesting a PUD Amendment to-- .
reestablish the parameters of the Activity Envelope for the subject Lot.
Please note the enclosed site plan outlining the details of the proposal; i.e.975 SF of existing activity
envelope area located on the northwest side of the lot will be reIlloved as 'a~ti:vity envelope' and kept in a
natural state of landscaping. Anew 975 SF portion of activity envelope will be established upon the south
edge of 1he building envelope. This new portion will contain assorted hardscape and landscaping.
As apparent throughout the Aspen Highlands neighborhoo~ building envelopes are small and compact.
Care was given to establishing activity envelopes for any:further development outside 1he building
envelope, including exterior patios and/or driveways, landscaping. or other disturbances. In the case of
Lot 14, the activity envelope was located between Lot 14 and Lot J~.9J;1 the.north\Vest~i4e (a dimension
of25 feet), a unrealistic position for any exterior uses other then landscaping and regrading.
The southern portion of the building envelope is a logical location for outdoor hardscaping. Both private
and hidden from all adjacent homes and development, the proposed activity envelope takes advantage of
existing trail disturbance and site grading. .
Enclosed is our response to Section 26.445.050, Review Standards.
Thank you for your time with this matter.
Respectfiilly ,
--, -~
-
-----
David Johnston
David Johnston Architects, pc.
970 / 925 3444 t
970 ! 920 2186 f
418 E Cooper Avenue Suite 206 Aspen CO 81611
www.djarchitects.com
ccncept@diafchifects.com
Section 26.445.050 Review Standards: Conceptual, Final, Consolidated, and Minor PUD.
A. development application for Conceptual, Final, Consolidated Conceptual and FinaL or Minor PUD
shall comply with the following standards and requirements. Due to the limited issues associated with
Conceptual Reviews and properties eligible for Minor PUD Review, certain standards shall not be applied
as noted The burden shall rest upon an applicant to show the reasonableness of the development
applicition, and its conformity to the standards and procedures of this Chapter and this title.
A. General requirements.
1. The proposed dev:elopment shall be consistent with the Aspen Area Community Plan.
The new development is consistent with the Aspen Area Community Plan.
2. The proposed development shall be consistent with the character of existing land uses in the
SWTOunding area.
The proposed development is consistent with the character of existing land uses
the Aspen Highlands area.
3. The proposed development shall not adversely affect the future development of the surrounding area.
The proposed development does not adversely affect the future development of Aspen
Highland Maroon neighborhood.
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.
Theproposed development is exempt from GMQS.
B. Establishment of Dimensional Requirements:
The final PUD development plans shall establish, tl1e dimensional requirements for all properties within
the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements of
the underlying zone district shall be used as a guide in determining 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. The proposed dimensional requirements shall
comply with the following: .
1. The proposed dimensional requirements for the subject property are appropriate and compatible with
the following influences on the property:
a) The character of: and compatibility with, existing and expected future land uses in the surrounding
area.
The existing size of the activity is maintained, thereby being consistent with the land
uses in the area.
b) Natural or man-made hazards.
The new activity envelope is located on a relatively flat grade adjacent to disturbed
areas of construction; compatible with all existing development.
c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways,
shade, and significant vegetation and landforms.
The new activity envelope is appropriate to all existing characteristics of the property,
away from any steep slopes or existing waterways, contains only on-grade
improvements and landscaping, on a natural grassland plateau, independent of any
significant landforms.
d'J Existing and proposed man-made characteristics of the property and the surrounding area such as
noise, traffic, transit:, pedestrian circulation, parking, and historical resources.
The new activity envelope is compatible to all man-made characteristics of the
property. The new area is hidden and independent from all public access or public
circulation, including driveways, sidewalks, or parking, and does not contribute noise
adversely with adjacent properties.
2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site
coverage appropriate and favorable to the ch;:ll'acter of the proposed PUD and of the surrounding area.
The-area ofactivify envelope will remain the same, consistent with the original PUD.
3. The appropriate number of off-street parking spaces shall be established based on the' following
considerations:
Not applicable.
., .. ."a} The probable number Qf. c;ars used by those using the proposed. development including.. any non- . ....., '
residential land uses.
b) The varying time periods of use, whenever joint use of CQmmon parking is proposed.
c) The availability of public transit and other transportation facilities, including those for pedestrian
access and/or the commitment to utilize automobile disinc~ntive t~ques in the proposed development.
d) The proximity of the proposed development to the commercial core and general activity centers in the
city.
4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure
capabilities. Specifically, the maximum density of a PUD may be reduced if:
Not applicable.
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.
5. The maximum allowable density within a PUD may be reducedifth~re exists natural hazards or critical
natural site features. Specifically, the maximum density of a PUD may be reduced if:
Not applicable.
a) The land is not suitable for the proposed development because of ground instability or the possibility of
mud flow, rock falls or avalanche dangers.
b) The effects of the proposed development are detrimental to the natural watershed, due to runoff,
drainage, soil erosion, and consequent water pollution.
c) The proposed development will have a pernicious effect on air quality in the surrounding area and the
City.
d) 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.
6. The maximum allowable density within a PUD may be increased if 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. Specifically, the maximum
density of a PUD may be increased if:
Not applicable.
a) The increase in density seIVes one or more goals of the community as expressed. in the Aspen Area
Community Plan (AACP) 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 maximum density results in a development pattern compatible with, and
Complimentary to, the surrounding existing and expected development pattern, land uses, and
characteristics.
Notes:
a) Lot sizes for individual lots within a PUD may be established at a higher or lower rate than specified in
the underlying zone district as long as, on average, the entire PUD conforms to the maximum density
provisions of the respective zone district or as otherwise established as the maximum allowable density
. pursuant to a Final PUD Development Plan. .
b) The approved dimensional requirements for all lots within the PUD are required to be reflected in the
, ,fu1~PJ)J)4eYelQpmentplans.
C Site Design.
The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's
natural and man-made 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 preseIVed or enhanced in an appropriate
manner.
The patios and landscaping designed within the new activity envelope compliment the
existing home design and the surrounding development areas, by using natural stone .
, materials, random shaping and contouring, and landscaping accentuating the natural
environment.
2. Structures have been clustered to appropriately preserve significant open spaces and vistas.
The new development preserves all open space originally designed.
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.
All new developable areas are hiddenfrom all public streets.
4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access.
Not applicable.
5. Adequate pedestrian and handicapped access is provided.
All development is on-grade.
6. Site drainage is accommodated for the proposed development,in a practical and reasonable manner and
shall not negatively impact surrounding properties.
. All site drainage is accommodated as originally 'approved and designed.
7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate
any programmatic functions associated with the use.
Not applicable.
B. 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 of the subject property. The
proposed developme~t shall comply with the following:
1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing
significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for
the Aspen area climate.
All new development within the new activity envelope enhances the existing landscape
character of the site, creates a natural setting for patios, and enhances the man-made
structure. All new landscaping is suitablefor high-alpine environments.
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.
All existing features will be preserved.
3.' The proposed method of protecting existing vegetation and other landscape features is .approplfiate........
All existingfeatures will be preserved and maintained.
E. Architectural Character.
It is the purpose of this standard is 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 buildIDg' 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 an architectural
character plan, which adequately depicts the character of the proposed development. The proposed
architecture of the development shall:
Not applicable.
1. be compatible with or enhance the visual character of the city, appropriately relate to existing and
proposed arphitecture of the property, represent a character suitablt;} for, and indicative ot: the intended
use, and respect the scale and massing of nearby historical and cultural resources.
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.
3. accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that
does not require significant maintenance.
F. Lighting.
The purpose of this standard 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: .
No additional lighting is proposed as part of this application.
1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining
streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate
manner.
2. All exterior lighting shall in compliance 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.
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, the following criteria shall be met:
Not applicable. See descriptions above for enhancement of open space.
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.
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
similar manner.
3. There is proposed. an adequate assurance through a legal instrument for the permanent care and.
maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against
future residential, commercial, or industrial development.
H. Utilities and Public facilities.
The purpose of this standard is to ensure the development does not impo~ an undue burden on the City's
infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed
utilities and public facilities associated. with the development shall comply with the following:
Not applicable.
1. Adequate public infrastructure facilities exist to accommodate the development.
2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary
improvements at the sole cost of the developer.
3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the
developer is reimbursed proportionately for the additional improvement.
L Access and Circulation. (Only standards 1&2 apply to Minor PUD applications)
The purpose of this standard is to ensure 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:
Not applicable.
1. ~ch lot, structure, or other land use within the PUD has adequate 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.
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.
J. Phasing of Development Plan. (does not apply to Conceptual PUD applications)
The purpose of this criteria is to ensure partially completed projects do not create an unnecessary 1?urden
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 def;ined in the adopted
final PUD development plan. The phasing plan shall comply with the following:
The existing development enhancements and improvements are existing.
NOV-lU-ZUUj nUN 1l; U HI1
r n.t\ IW.
CITY OF ASPEN
PRE-APPLlCA liON CONFERENCE SUMMARY
Pl.^NNeR:
PROJECT:
RfiPRESENTATIVB:
OWNER;
TYPE OF APJ'L1CA TlON:
DESCRIP'flON:
Jamcs Lindt, 920.5095 DATE: 11/10/03
289 Exhibition Lane Planned Unit Developmellt Amendment
David Johnston Architects
MarQoll Creek Aspen LLC
pun Amendment
Amend in~ l:Juildillg Envelope 10 allow for patios to be mljintained that encroach ou{side the
existing building cnvelol1C.
Land Use Code Section(s)
26.445. PUD
Public llearing:
Planning Fees:
Total Deposit:
Staff for complete application, referral i\gcncic$ for technical considcnltions, Planning and
Zoning Comll'l-ission for decision.
Yes
.Plalll\ingDeposit $1260 n
$1260 fOI' 6 hQlirs of StaTfTime (nillc<l at $210 per h(.\ur oVCr the time that deposit covers)
Review by:
To apply, submit the following information:
1. Total Deposit fOT review of application.
2. Applicant's namo, address anel telephone number, contained within a lctter signed by the applicant
slating the name, address, and telephone number of the representative authorized to act on behalf of the
applicant.
3. Signed fec agreement.
4. Prc-appljeation Confercnce Sunmlo.'U'Y.
5. An 8 112" x 11" vicinity map locating the subject parcels within the City of Aspen.
6. Site Plan and Survey showing the encroachments beyond the building envelope (please supply two 24" x
36" copies and ten ll"x 17" copies). Onthe surVey, please sho'wthe area. that is proposed to be
incorporated in the building envelope and the area of development envelope or building envelope tbat is
pl'Oposed to be removed so that the proposed building envelope is not any larger than the existing
building envelope adjustment.
8. A written de$cription of the proposal aild a written explanation of how a proposed development
com}.lHes with the review standards relevant to the 'development application.
18 " ,Copies of the complete application packet (itclns 2.8)
Process:
Apply. Plllnner checks i\pp1ication .l'Ol' completoness. Slaff thell revicws application against PUT> Amendment
Stan(lards. After the Community Development Staff has determined that ,the application js complete, the
Cormnl.lnity Development staff will assign a hearing date. Planning and Zoning Commission reviews
application at public hearing and makes tinal decision. .
Disdnilht"r:
The foregQing summary is advisory in nat\u"C only and is 1\ot binding on the City. The summary is based on ~Iln'ent z()l\ing, .which is
subject to change ;11 the future, and upon factuall'eprcsenlalions that m:ay or may nol be accul'at~. The summary uoes not creole a
letal or vested right.
..,
~
Al"rLtCANT:
...=-""-c~'
!..cx;:ation:
;..--... .. ....-LJ
~uH~STON ARCHITECTS 970 920 2186
F AK NO,
p.3
p, 06
NOV-04-2003 TUE 10:42 AM
ATTACHMENT 2 --lAND USE APPLlC~ TION
Parcctwtf '"
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Name;
~%F- Address:
.Phon."
I'nv.f;;
.
David Johnston
418 Cooper Street.StiTte '70"6 Aspen, CO
925-3444
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Aspen Maroon Creek, I.LC " .' , ....
Name:
. AddJieSs: .. 289 Exhibition L,ane,. Aspen, ..CO .~ - '. "..'.m__.___.... .;"AO~
.. 'Pi,piie II; 302-654-661 1
~1~F"
,,,.'fvJ"~ Of' ArrL\CATlON: (please check all that apply):
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o
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:::<T:.:~'~~' .
. 'ii;:
.conditiQl\a] Use
Special Review
Design Review Appea~
'OMQS Allotment
(]MQS Exemptiml ~
E.';A - 8040 Greenliu&; Stream
Mirgin. Hallam Lake B~
Mountain. Vjew Plane
Lot Split
Lot ~ 'usbnent
o Conceptual PUD
~ F"malPUD (& PUD Amendment)
o ConcqJluaJ SPA
o Fjnal SPA (& SPA Amendment)
o Subdivision
o Subdivision Exemption (mcludcs
oondomDrlumizatiou)
o
o
o
o
o
o
Conceptual Historic Dcvt.
Final lJic;toric Dcvc10pment
MinOT Historic Devt.
Historic Dcmotiuon
Historic Designation
Small Lodge Conversion!
Expansion
o
o
Other.
o
o
ExJSTlfIlCCONDmONS:
1'BOt'OlW.: (clescrip6oaof~ "'"~ .....~. ~)
I - . . .
I
Ha-vc 'You attu~f~ th~ follow;"'t' F~~S DUE: !i
"'-::0 Pre-AppJicatio,l ~onrenmee.$~m
~ Attachment ~h Slgned Fee AlJ~l'1l~ .
Response to Attacllment #3. Dim.eI1siopal Requiremerrts Foon :
.,..' "'Response to Attachment #4, Submitta] Requi:rements.lncluding WrlitenResponses to Review Standards
All plans that are larger than 8.5" x 11" must be folded aDd. floppy disk witb an electronic copy of aU written
text (Microsoft Word Fonnat) m.ust b~ submitted .as part of the appJieation.
...
Nov 10 03 10:58a DAVID JOHNSTON ARCHITECTS 970 920 2186
~ NOV-04-2003 TUE 10:41 AM FAX NO.
CITY OF ASPEN COMMUNITY DEVELOPMENT Q!PARTMENT
Al!:rcesncnt far PIlI'~llt of Citv or As'Oell Dcwclllpment Applieaticm f'1!r.~
CITY OF ASPh"N (hllreinil'ficrClTY) ltnJ Aspen Maroon Creek, LLC
(hel'einllft~I' APl'UCANT) AGREE AS FOLLOWS:
I. ' APPLICANT lms submitWd to CITY iln application for
PUD AmendmsBt 289 Exhibition Lane
(IWl'eimli'tcr. THE PROJECT).
2. APPLICANT understands &mlll!;\'ccs Ihol Cily of ASJ1~n Ol'din:mce NQ. 57 (Series of
2000) ostl\blisbes il fee s\t'ucnm: for Land Use appI~atiolls !Iud tile payment of ill1 protclI:>ing fl:e:! is il
condition precedent to a dctermilmtion of application cOlllpletClness.
:;. APPJ.IC^NT aUll CITY agn:c that because of tbe size, nature or ~copc of the pJOposcd
. project,. it. iSJlPl }10\lsj1Jl(llltJhi~litJ1C t()}I:!~\:rtlti.'l(hc...f\lll!=xtl.'1Itof 1I1eCl):lIl;inv?lY~di11 processing the
3)'pliell.tion. ^PPLlCANT and C.flY f\1llher llgre~ t1u\l. it is iilthe ili~resro~ \nclii\iliti!i tbilfAPPt.TCANT
mllKe Jlilymen\ of an inhial d(:}1\)sit and to tl1e:tcaficr pennil additionaJ. OO.!its 10 be billed 10 APl>J.ICANT on
a tnonlldy basIs. APPLICANT a~rees llddlTiooal cosTS m.1Y ~CNO followinc their hearings llnu/ur
approvals. APPLICANT agrees be will be bc;Jll:'fited by retaining sreater~llsh liquidity and will mnke
il\Mitio)ll\l payments upon n(ltifi~tiol\ by the CiTY when tIley arc neCC:';Sllty 1\:1 ~os1s are ioo\1r1'ed. ClIY
agrees it will be hencJited I1tfOlI~h the grealur C\.'Tlttillty of rCI:1,vcring Us fttll !1oJSt., tt) ptOCC$5
^PPf,tCANT'S application.
4. 'CJTY <ind APPUCANT f\lftbcragrco tbal it is irnprnctiep.1)lc fur CITY st.:lff'to (;(l)llpletc
processing or prC.!lcnt sufficient informaliOll to Ihe Planning C',"Jnlission andltll' Cily Cuuncillo enabJe the
Planning Con\milOSion lind/or City Council 10 ltllllt~ I"BlIlIy n:quiT1ll1 findings lor proj~ct con5ideTl1tion.
unlc:oi:; current J,illings arc pl.'lid in full prior II> decision.
5, therefore, APPLICANT <lgl'ee3 thnt in consideration of tb" CITY's waiver of its right to
collect filiI fees prior to P <1etcrmilll1tion, "f .ppt\Cllti0 comp1ctcm:!is, APPUCANT lihal1 pay an initilll
<leposit ill tIle llmount on~ which ill fur _ .11011TS of Corl1l'm~nity DevclopnlCnt St:l1T
time, 11\l(l if actual Tccorcfu8 CUSl.! t)'Xe~d tbo initil\ld\.'Posil, APPLICANT shill pay llcldi,ionnI momMy
bill~1i to cn..... to tcimbufSC1be C.rry for tbcprooessiag of lite ~'pplication mentioned above. incbtdint
yost a{lflTOvul n:'Yit'\V at a tatc of $205.00 pee plaQllCJ' .hovr over lhe mitial dej)O$it. . S~h periodic; paydltdrs
M:lll be made wilhin 30 days of ,he billing cfl1tc. APPr.lCANT ["rl}ler pgroe$ thnt h-illMto pny s\tcb
llCClued cosI$ shall be grounds for wspension OfJ.lfOCQSSblg.and in no ca...c will buililing permits be l!isued
lIlllil nil costs associated witl1 (;Q~e processing have been f1llid.
en\" OF AS1"EN
By:
Julie Aim Woods
(~Onlllll111ity DevelllllR1C!Dt Dirleetor
~ ~\suppnmrnrlJl"\ngrpaYl\$.doe
4/05/03
APPLICANT
~ 'V) {\Jr~
8y:
Dnte~
11-11-03
BiJlitJ~ A~drCIIS and Telepholle Numf1er:
RO't1in~d
.3 0 water Street
Suite 300
Wilmington, DE 19801
302-654-6611
p.2
P. 04
..
ASPEN MAROON CREEK, LLC
300 WATER STREET
SUITE 300
WILMINGTON,DE 19801
November 10, 2003
Mr. James Lindt
,. .-.Planning & Zoning Commision -
City of Aspen
Aspen, CO
RE: 289 EXHIBITION LANE
PUD AMENDMENT
Dear Mr. Lindt:
This is to inform you that Aspen-Maroon Creek, LLC has authorized David Johnston, of
418 Cooper Street, Suite 206 Aspen, CO (phone: 925-3444) to act as our
representative in the above referenced matter.
Regards,
.:bE4\')
.\JJ~
B. Vinton
Partner
302-654-6611
""
NOV. 10,2003 1: 36PM
..,fy Of ASPeN
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