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HomeMy WebLinkAboutLand Use Case.289 Exhibition Ln.A068-03 .'~ 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 ~ 1- 2c>( A:~v i fy G1v: AcbJIM ~ ~tI.- be.,;-eJ 1- - N_. .- L- Lt ~L\; 'J ~ V\~ ~\I\V AcY)Iv\S}wtltVl t --/iPP{otJ~ 0- 0 ,~ - o -,,_.'"" 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, ~~ 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: ~ 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 ~ 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 ~ 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: ~ ~ 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 "~ ~ X. e>~ CURRENT ZONING: Moh 0/1\ fl. V CffJp, Vby, Jf-, " bofl.1 t.Ut\ V Qlo~: Q dJ 'u$h 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 289. EX, hi.",i., t iO,..n,.. Lan.eP. V,., D.. A,. m en.,d. m., e. n.,t-. P, .,". blie Ifear. in, ,fio 0,,10 )f:v <?j2f1m January 6,2004 " . ,',' ", "." ,." ., ')" )') , .. ) \j~ ,\~l, t V\.8 ~U. ",'4,;(;j!:;(;;[,{V4"t;i;;""li,i.t;e%)Ls'i0',YfriL/ii.i"::L- N: G-V CovJi -R ~eyt/~ IJ (C2t+- 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 - 1 - ~ 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 \ 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. . - 2 - I*'" 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 I 0 ~Cc);"o-"..f(..~ -+lL ~o- - 3 - ~ 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. - 4- t"""\ 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. - 5 - ~ 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: - 6 - ~ 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. - 7 - ~ 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. Staff Finding The Aspen Fire Protection District reviewed the proposed amendment and found that the request did not adversely affect the emergency access to the site or the surrounding sites because the area subject to the proposed amendment is on the rear of the residence. Staff finds this criterion to be met. 5. Adequate pedestrian and handicapped access is provided. Staff Finding The proposed amendment will not adversely affect pedestrian or handicapped access. Staff finds this criterion not to be applicable to this application. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Staff Finding A change order to the building permit for the residence is required to be submitted retroactively in the proposed resolution. At the time in which the change order is filed, a revised drainage plan shall be required for review by the Community Development Engineer, which shall demonstrate that there will be increase in the historic run-off on the property. Staff finds this criterion to be met. 7. For non-residential land uses, spaces between buildings are appropriately de-signed to accommodate any programmatic functions associated with the use. Staff Finding The Applicant is not proposing to construct any non-residential land uses on the site. Staff finds this criterion not to be applicable to this application. C. Landscape Plan: The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, . with 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. - 8 - ~ 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. - 9 - 1"""\ 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 - i___, ~ 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. - 11 - ~ 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 - f""', 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. - 13 - ~ 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. ~ ". 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". ~. .. 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. ~ "". 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. , . " 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. .. .~ ._.~...~_~_. \".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 . ~ ~",'",.,>\} 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 WR&1'T PAlO 0A1'E AEP NO. 1/{'I/4>i1 MHo IS~U SltWAKI Illlt A~rtN ~ ~crr~ ~T}i ftb. ,'. NO. ..",/"rt>tJo. iffII' 15663 IIV. V, I U WAIUWft'Y J)DJ) TIDS-'Meltlllia lId...of AId1 am:aur. .. CNRR MD .c:RatW.~ t'!UItIW . 2002 ...... or.. 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Small e.olonr4o 0Iatt"'1>~ " 1!Ie~-...-___ . .............._.. __~""fIE ~ IIICDSL s. CR%DIIIr MID tacIIID:& II. CRmIIIf ) ) It. ) . 2..2 . ..-...-..... 1~/J.7-X05 _.....,~~' N.." .... 1IIMt. __ =_If~'" ........ ......... ...............~ ..... .. !I.II'II'I~.:- ". illl ~ I. , '" f"'., .y t.O" Aspen Stre~t Map 2 II "IEY oMlar BiioIr ~ TcIat 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- !-I~V't'~ ~ "'" 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, $t..'rvice district or other governmental or quasi-govemmental agency that owns property within three hundred (300) feet of the property subject to the development application. TIle names and addresses of property owners shall be those 011 the current tax records of Pitkin County as they appeared !1o more than sixty (60) days prior to the date 'of the public hearins. A copy of the owners and governmen.tal agencies so noticed is atlachetlbf!r~/o, (conUrn.led on next page) ,,,.ci~".,,.~,,<~"''''':'''r~-'',,,,,~-.' ", " '?l.;-.:+.""';U;' p, 03 ;':""i";;d',';;;~di1vj10i'.;:i.x;';!__;;;;,,,>:,,,,,,,:, ~"'O 0"''' ~illi ",'" ",0 ",,, ~58 ~~S Z 2~~ ~mff 0 w~w ~8~ ...... lB '0: ,; "~F 8 w '" 3"'>- 3 ii1 b~6. w w (2 '" ?~z F w ~~~ ;;. '" '" OUll'-_ . U ffi '" ~UJ~@ :x: !z \Il of,,,,, V> a:. w (\1 "'~~~ '0 :< :>: it "0 ~~}i~ W 11\ c (\1 0 Z ;!i o. '" S :< ZOllO..X tO~~~ 0 Ol '" -J <~'" ~ " IS' ::> II \1 :: ! .J 0- '" ~ ~ <( 0 W '" ~ w '" ~ s '15 '" ~ \!! UJ ~ '" I @ 0", W Zd::tJ: W <<"'w'::Il-o !<I.U UJl.nu~u...l- o ~F ~~~;:)~~ ~ o..~ ~~ffi~~~ o QiI.'-!)1--!zl-w[l f'o ~ffi!.o~<:JFtd j::: Uz~~~:t:o~J:z; o :J~j:::~C)z{/)t:;~ ; ~'Ez':lct..:(~;:to t ~8~~~~~ffi! ~ <:t.i:o 1-0.. u..(f1 ~~. ~J:j~~E~~~ffi~ ::. ~~~~~~~~~ @ ::~~g~~~?~ ct. ~u...O".-l{iju::>OG:J U.I u)~~~C)~~~~ g~ lz~15-J~~~~~1- ~~ ~~tJ~lfiz<:(~~ ~~ ~ffi~g56~~~ ~~ tffi~~it9~l-~~ 5u. l;:jo..C)tutf)I-~ti:llf} wo I=''\!e'ii~~'''ffi~ ':jZ :;)1-t)~..J8~:t:~ t:;S ::l01ig!~ -3li!!'" . ~S "':;1-005!z:x:2g t::.."" Ou.l~O~I=-Cl>-<I: rc~ ~B8~~~;~~~ @o. gD<5\ll~;:O!!:i=S1~ ~~ &~35~~~~~~ ~~ ~~~g~o[5~2~ ~~ ~~~@~~~m~* ~~ ~~l)~~~FID~~ ~~ ~=:~~~;~~~: ~. ~~~ ~~~5~~~82ffi f a IJJ ~ w "" \ ~ 0- ~ Z ~ 0 t-I ::J lfl lfll-t-I 1-02: Z...JO w CO ~ ::J W lfl > o ex: 0- ~ M L() ..... M o <> CO CO (/) ~ -' ~ f~\Jl If, '..J ~ If,O,! ffi3, ""St3 {I~~t~ ~19~~~~ \Iti...'" ~,l-!., 'f u:l @ ~ ~ t3 rn ~ o >-< ~ ~ w :I: ~ ~ o '" ~~:~~ Sd~~~ , fuOVlZZ ~5g~@ UJz~~(/l ~~~-,f5~ o~E~~ ~~@ffi:::l o.~<(au ~~5~~ \!!~I=';;.ii! j!:~6~<:( l-:z9~~ ~@~$g t~ .i!!80 ~~~G~ ';~u. ct_F ~~~i~ :t:fu~UJo z>o.~~ g~fijw~y2 ~~~~m ~~~~~ rlJ/woo ~i~~~ ...........a:.....w ~ i\!> "f of '" ~ _..~~~"~.~~",,,,.. """",,,,-.,_.c..c.,-":..c:~---=~--~,-,-,,,-,--,,,,,,:-=-~-,-------~"::='~"~::====:= OOVCiO-'OQ 'N3dSV SON'V"lHE)IH N3dSV 'E) >lQO-'S 'v I 1.0-' :~\\ \\ III I \ III 0 - o ~ 010 l]) <II ..- ~ 'U ~~ <( ~ olJ ..J i 8~ <( ~ l'1 ~ 0< 17 I 1.0. NOOC:l'v'lAJ ./../'.----. -' ,,,,/' - ~- -~-_..-- --" /' /. ,~../' /' /., /~", /' , l - ~ /../.,/" .----..~ \"' ;../ - "-,. .~ v, '-'''''' .or'/ "\ -...' v.. y ,,"" ::;) / ";:) /~ . " j v... / ~ / c::6 i ,I / "- ~- ~":""'''' \; t""'- ~ -~ ! / / / ,) b ~ r--- ' o ~ -----.:,. -"~-_.'- - --"-uj'-'" 0, -<(UJ tl.CtI.:: ~ g ~ {'-J z ~~ UJ ~-0, ~ esi~' 5 <(I -, ~ i ~ ~ !:>.. I I I 0.... """!~' ,.,_.,"...-,,~ U."I :'~ m~ U%..-.~ lP'~ ~.~J Uk,}' n.~ ~ ( DEC-04-2003 THU 09:55 AM FAX NO. P. 04 "..-....., ~ ,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< ~~Se ,'--. ,', ."."~",.,,..~,.' - '~_'~'M",~,_,,,,.,,,,,,,,_,,qfu..!.j?,iX~J,~f~ -;"<,':_<_' !., to, W"?~~d,-th~.~~~~v~~~,' 'a~d ..'.'... ,.,..' .11~ptI4.!iIo/kG Aspen 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 ~..:~~~I1Higfilands Village"Subdivlsionand Is locat: : ~epat2~~ExIjf6lfl()l1J..n~: ...... '..'..':..'. .. .',. . ._. .....,.....................".F.....o..,..'..r.,~........./.'..'..u...,.r....,..,..t......,',.....h.",..,."..".....,.r.'"...-..........I......n.',....',.......1.....o....."..,r...,."m ..,~Jt....' ri...,. ~.o,~tact.,.J.a,m'. e.s..'...L,.i.,n..d,t...".....a,'"."t,'.....E:RS AND GO VERNME NT. AL A c;.EN CIES NOT! CED ~;4:J0~2;>~~~,~,.~~__~~p~n . C . mITlunity . Developl11ent. .pe:.. . "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$~l'pln. T~e Aspen Times OIl. Qes~mber 20, <~..""c~.Q058) ,.''''~; . '~~ ,-,~"""""~,...."~;;,,,.,,.,,,,,,~~~~~, WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 'I /~ ~~~~ Notar"y Public ATTACHMENTS: COpy OF tHE PUBLICATION ~, ~~ "--;':'i.-, <>.,<';,,:,' ~ <::l "'\" ;>i :z t;' .., ,",c_ n " '" -" .;, ror'b !;' ~g~~S3~[ ~~~~~~~;~~~~~ Q~ ~ ./ < -:::I a (Il "'tl 0. ~ >:j "< ::r (JI (0 a -((I ~:-t is.. - Q. ~~ ~~(D c g.~{).,;.jat;Cidt/)~~e;!3 ~g g,~~....'? ::g~~ ma ::;-" n(")~ n':<;=ti-O"o...rro~ > ;E(i)Vlg(tl"Cl'fA''<Q)('')~ ,...,. ~_ ] ~~Pg.o&Q'N~~~ o8=~' ; ~~,a~.~g 5.~s:;r~ ~ ~ :Ta.~ !i~~~~igi~it~E~~ ~I~igl~ii~r=o~lli~ oi~i~~~ ~o"'~q~o ~~~~~Vl=~95~~~ ~?g~ .a~"::>I,, ~a=e~05 ~gp~_~I~~~ ~p ~~~" NO -...... n wo"" ~ L~' ~ eo' ~...... w =' c.. n -. l.1l ~ n rA n roo ia~ s.:iS ~ S'~g~Q~~ (t;-ia ~el ~ g:=~'" ~! ~ ~ 0 " i"Qr: wt:l~Q~ a'~i~~~.a!~5'~ lfi~ '" j(o il;' ;::;.. Ii' ." ~ 0 ;:.;~ ;p g "'. 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A1lowi"l0 P"<I' IJah17S +0 kJ"" tN/<I: '.Jq' d' / j f$:1 ~~~:1~*t:;JWJ~~,tJ4t2!: L<l% Ifo ~r~ 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 '" ':,''''.'''~~~-''''.'''''' " ....;...,'....,,: ';:;;~~ lIE ....~....""-.,:p Name; ~%F- Address: .Phon." I'nv.f;; . David Johnston 418 Cooper Street.StiTte '70"6 Aspen, CO 925-3444 ...."!)"",.. -" f?'~ '~'~\.';1 >..~. ~_.,.. 1'J\0IEC1': ~- 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): ~..-O :0 o 1:1 ,0 o "",.'"~w,,.._.... . :::<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 WRE1T PAlO DAte AEP NO. J/{"I"iJ. mH- 1:.J'ai.3 SltWAKI IllLt A~rtN I'V. v, I U CfT'I OF ASPeN HRETT PM) ~Tf-' fEP MO. rf/"{i) a- mil'" IS()o!J WARllAN'TY DEB)) "IUISMO. ....it lid ~of ~ JaaaB.. CJaUR aD ccau .. elm)1Il I aD02 .-- or1he DI4 ~ or ... $hie nf . .......... ~ c:IUIn aJJ1l1$. u.e. ... 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