HomeMy WebLinkAboutLand Use Case.111 S 6th St.0008.2006.ASLU
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City of Aspen Community Development Dept.
CASE NUMBER
0008.2006.ASLU
PARCEL ID NUMBER 2735-12-4-60-04
PROJECT ADDRESS 0 III S SIXTH ST
PLANNER JAMES LINDT
CASE DESCRIPTION SUBDIVISION EXEMPTION
REPRESENTATIVE MARSHALL OLSEN 710-1006
DATE OF FINAL ACTION 2/2412006 12:1
CLOSED BY Denise Driscoll
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De;cription fSUBDIVISJON EXEMPTION
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!PO BOX 1222ll
IASPEN CO 81612
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Lot A, 701 W. Main Condominium Plat - Community
Development Department's Comments
Please make the following modifications to the proposed plat:
1. Use larger font on the title and property description. /
2. Add a plat note stating that!j>t B of the 701 W. Main Lot Split is not
part of this condominium.
Add purpose statement. V /
Show footprint of existing structure on Unit 1 property with ties to the
property corners.
Add plat note that indicates that structure on Unit 2 property is not ./
moved onto foundation as of yet. I
Label general and limited common elements. J
Include vicinity map. II
Change Engineer's sigrYature block to the Community DevelopmentV
Engineer's signature block.
Remove mortgagee's certificate ifthere is not a mortgage on the V
property subject to the condominium map.
Provide an elevation benchmark. ~.
Show improvements within 5 feet of property line.
Obtain all signatures with the exception ofthe City Community
Development Director, Community Development Engineer, and
Pitkin County Clerk and Recorder prior to submitting two (2) mylar
copies to the Community Development Department. A recording fee
of $11.00 (payable to the Pitkin County Clerk and Recorder) is due
upon submittal of the mylars to the Community Development
Department.
To:
From:
Date:
Re:
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
MEMORANDUM
Marshall Olsen
James Lindt, Senior Planner ,-:-,~
February 14,2006
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CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL LAND USE APPLICATION PACKET
.
THE Cm OF ASPEN
Attached is an Application for review of Development that requires Land Use Review pursuant to
the City of Aspen Land Use Code. Included in this package are the following attachments:
1. Development Application Fee Policy, Fee Schedule and Agreement for Payment Form
2. Land Use Application Form
3. Dimensional Requirements Form
4. Matrix of Land Use Application Requirements/Submittal Requirements Key
5. General Summary of Your Application Process
6. Public Hearing Notice Requirements
7. Affidavit of Notice
All applications are reviewed based on the criteria established in Title 26 of the Aspen Municipal
Code. Title 26 of the Aspen Municipal Code is available at the City Clerk's Office on the second
floor of City Hall and on the internet at www.asoenoitkin.com , City Departments, City Clerk,
Municipal Code, and search Title 26.
We strongly encourage all applicants to hold a pre-application conference with a Planner in
the Community Development Department so that the requirements for submitting a complete
application can be fully described. Also, depending upon the complexity of the development
proposed, submitting one copy of the development application to the Case Planner to
determine accuracy, insufficiencies, or redundancies can reduce the overall cost of materials
and Staff time.
Please recognize that review of these materials does not substitute for a complete review of the
Aspen Land Use Regulations. While this application package attempts to summarize the key
provisions of the Code as they apply to your type of development, it cannot possibly replicate the
detail or the scope of the Code. If you have questions which are not answered by the materials in
this package, we suggest that you contact the staff member assigned to your case or consult the
applicable sections of the Aspen Land Use Regulations.
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ATTACHMENT 1
CITY OF ASPEN DEVELOPMENT APPLICATION FEE POLICY
The City of Aspen, pursuant to Ordinance 57 (Series of 2000), has established a fee structure for
the processing of land use applications. A flat fee or deposit is collected for land use
applications based on the type of application submitted. Referral fees for other City departments
reviewing the application will also be collected when necessary. One check including the
deposit for Planning and referral agency fees must be submitted with each land use application,
made payable to the AspenJPitkin Community Development Department. Applications will not
be accepted for processing without the required application fee.
A flat fee is collected by Community Development for Administrative Approvals which
normally take a minimal and predictable amount of staff time to process. The fee is not
refundable.
A deposit is collected by Community Development when more extensive staff review is
required, as hours are likely to vary substantially from one application to another. Actual staff
time spent will be charged against the deposit. Several different staff members may charge their
time spent on the case in addition to the case planner. Staff time is logged to the case and staff
can provide a summary report of hours spent at the applicant's request.
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After the deposit has been expended, the applicant will be billed monthly based on actual staff
hours. Applicants may accrue and be billed additional expenses for a planner's time spent on the
case following any hearing or approvals, up until the applicant applies for a building permit.
Current billings must be paid within 30 days or processing of the application will be suspended.
If an applicant has previously failed to pay application fees as required, no new or additional
applications will be accepted for processing until the outstanding fees are paid. In no case will
Building Permits be issued until all costs associated with case processing have been paid.
When the case planner determines that the case is completed (whether approved or not
approved), the case is considered closed and any remaining balance from the deposit will be
refunded to the applicant.
Applications which require a deposit must include an Agreement for Payment of Development
Application Fees. The Agreement establishes the applicant as being responsible for payment of
all costs associated with processing the application. The Agreement must be signed by the
party responsible for payment and submitted with the application and fee in order for a
land use case to be opened.
The current complete fee schedule for land use applications is listed on the next page.
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ATTACHMENT 2-LAND USE APPLICATION
APPLICANT:
Location:
L..c5TA/ tJ VI fr-;1
Name:
REPRESENTATIVE:
Name:
PROJECT:
Name:
Address:
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q~~,~h.:)~ I '
('1 r'\ ~ { j, f>l--I/ .4-P
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Address:
Phone #:
Phone #:
TYPE OF ApPLICATION: (please check a
0 Conditional Use 0 Conceptual PUD 0 Conceptual Historic Devt.
0 Special Review 0 Final PUD (& PUD Amendment) 0 Final Historic Development
0 Design Review Appeal 0 Conceptual SPA 0 Minor Historic Devt.
0 GMQS Allotment 0 Final SPA (& SPA Amendment) 0 Historic Demolition
0 GMQS Exemption o Subdivision 0 Historic Designation
0 ESA - 8040 Greenline, Stream ~ Subdivision Exemption (includes 0 Small Lodge Conversion!
Margin, Hallam Lake Bluff, condominiumization) Expansion
Mountain View Plane
0 Lot Split 0 Temporary Use 0 Other:
0 Lot Line Adjustment 0 TextlMao Amendment
Have you attached the following?
8 Pr":' IippliptiSB r'nnfPTPn.....p ~ll~
o Attachment #1, Signed Fee Agreement
o ~ALl:a~lll./4J, D:""",:u...r;r'\n~] ~11TPmp.nt" FOgJL
o ~Anac~tlbmittal R8f:i~_~....~ts lBeluthtlf, \'i,tr#1:w l}f€C!pnn~p.C! fn Pe\'i8\~1 ~t~ncl3Tds
FEES DUE:
, <;4(;. cO
All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written
text (Microsoft Word Format) must be submitted as part of the application.
RETAIN FOR PERMANENT RECORD
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ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project:
Applicant:
Location:
Zone District:
Lot Size:
Lot Area:
(for the pwposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable:
Number ofresidential units:
Number of bedrooms:
Ex~st~ng:3 G
EXlstmg:
Existing: 3
~
Proposed:
Proposed:
Proposed:
Proposed % of demolition (Historic properties only):
DIMENSIONS:
Floot Area: Existing: Allowable: Proposed:
Principal bldg. height: Existing: Allowable: Proposed:
Access. bldg. height: Existing: Allowable: Proposed:
On-Site parking: Existing: Required: Proposed:
% Site coverage: Existing: Required: Proposed:
% Open Space: Existing: Required: Proposed:
Front Setback: Existing: Required: Proposed:
Rear Setback: Existing: Required: Proposed:
Combined FIR: Existing: Required: Proposed:
Side Setback: Existing: Required: Proposed:
Side Setback: Existing: Required: Proposed:
Combined Sides: Existing: Required: . Proposed:
Distance Between Existing Required: Proposed:_
Buildings
Existing non-conformities or encroachments:
~~
Variations requested:
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ATTACHMENT 4-CONT'D- SUBMITTAL KEY
1. Land Use Application with
Applicant's name, address and telephone
number, contained within a letter signed
by the applicant stating the name, address,
and telephone number of the
representative authorized to act on behalf
of the applicant.
2. The street address and legal
description of the parcel on which
development is proposed to occur.
3. A disclosure of ownership of the
parcel on which development is proposed
to occur, consisting ofa current certificate
from a title insurance company, or
attorney licensed to practice in the State of
Colorado, listing the names of all owners
of the property, and all mortgages,
judgments, liens, easements, contracts and
agreements affecting the parcel, and
demonstrating the o\VDer's right to apply
for the Development Application.
4. An 8 112" x 11" vicinity map locating
the subject parcel within the City of
Aspen.
5. A site improvement survey including
topography and-"veget:ation showing the
current status of the parcel certified by a
registered land surveyor, licensed in the
State of Colorado. (This requirement, or
any part thereof, may be waived by the
Community Development Department if
the project is detennined riot to warrant a
survey document.)
6. A site plan depicting the proposed
layout and the project's physical
relationship to the land and it's
surroundings.
7. A written description of the
proposal and a written explanation of
how a proposed development complies
with the review standards relevant to the
development application.
8. Plan with Existing and proposed
grades at two-foot contours, with five-foot
intervals for grades over ten (IO)patent.
9. Proposed elevations of the development
10. A description of pro posed
construction techniques to be used.
11. A Plan with the tOO-year floodplain
line and the high water line.
12. Accurate elevations (in relation to
mean sea level) of the lowest floor.
including basement, of all new or
substantially improved structures; a
verification and recordation of the actual
elevation in relation to mean sea level to
which any structure is constructed; a
demonstration that all new construction or
substantial improvements will be
anchored to prevent flotation, collapse or
lateral movement of any structure to be
constructed or improved; a demonstration
that the structure will have the lowest
floor, including basement, elevated to at
least two (2) feet above the base flood
elevation, all as certified by a registered
professional engineer or architect.
13. A landscape plan that includes
native vegetative screening of no less than
fifty (50) percent of the development as
viewed from the rear (slope) of the parcel.
All vegetative screening shall be
maintained in perpetuity and shall be
replaced with the same or comparable
material should it die.
14. Site sections dra\VD by a registered
architect, landscape architect, or
engineer shan be submitted showing all
existing and proposed site elements, the
top of slope, and pertinent elevations
above sea level.
15. Proposed elevations of the
development, including any rooftop
equipment and how it will be screened.
16. Proposed elevations of the
development, including any rooftop
equipment and how it will be screened.
17. A sketch plan of the site showing
existing and proposed features which are
relevant to the review.
18. One (1) inch equals four hundred
(400) feet scale city map showing the
location of the proposed subdivision, all
adjacent lands O\VDed by or under option
to the applicant, commonly known
landmarks, and the zone district in which
the proposed subdivision and adjacent
properties are located.
19. A plat which reflects the layout of
the lots, blocks and structures in the
proposed subdivision. The plat shall
be dra\VD at a scale of one (I) equals one
hoom-eeI (100) feet or larger. Architectural
scales are not acceptable. Sheet size shall
be twenty.foUT (24) inches by thirty.six
(36) inches. If it is necessary to place the
plat on more than a one (I) sheet, an index
shall be included on the first sheet. A
vicinity map shall also appear on the flISt
sheet showing the subdivision as it relates
to the rest of the citv and the street
system in the area of the proposed
subdivisim. The contents of the plat shan
be of sufficient detail to determine
whether the proposed subdivisioo will
meet the design standards pW'Suant to
Land Use Code Section 26.480.060(3).20.
Subdivision GIS Data.
21. A landscape plan showing location,
size, and type of proposed landscape
feat\tteS.
22. A subdivision plat which meets the
terms of this chapter, and conforms to the
requirements of this title indicating that no
further subdivision may be granted for
these lots nor will additional units be built
without receipt of applicable approvals
pursuarit to this chapter and growth
management allocation pursuant to
Chapter 26.470.
23. The precise wording of any
proposed amendment.
24. Site Plan or plans drawn to a scale of
one (1") inch equals ten (10') feet or one
(I") inch equals twenty (20') feet.
including before and "after" photographs
(simulations) specifying the location of
antennas, support structures, transmission
buildings and/or other accessory uses,
access, parking, fences, signs, lighting,
landscaped areas and all adjacent land
uses within one.hundred fifty (150') feet.
Such plans and drawings should
demonstrate compliance with the Review
Standards of this Section.
25. FAA and FCC Coordination.
Statements regarding the regulations of
the Federal Aviation Administrntion
(FAA) and the Federal Communications
Commission (FCC).
26. Structural IntegrIty Report from a
professional engineer licensed in the
State of Colorado.
27. Evidence that an effort was made to
locate on an existing wireless
telecommunication services facility
site including coverage! interference
analysis and capacity analysis and a
brief statement as to other reasons for
success or no success.
28. Neighborhood block plan at
1 "=50' (available from City Engineering
Department) Graphically show the front
portions of all existing buildings on both
sides of the block and their setback from
the street in feet. ldentify parking and
front entry for each building and locate
any accessory dwelling units along the
alley. (Continued 00 next page.)
Indicate whether any portions of the
houses immediately adjacent to the
subject parcel are one story (only one
living level).
29. RoofPtan.
30. Photographic panorama. Show
elevations of all buildings on both sides of
the block, inclUding present condition of
the subject properly. Label photos and
mount on a presentation board
3 J. A condominium subdivision
exemption plat drawn with pennanmt ink
on rq>roductble mylar. Sheet size shall be
twmty-four (24) inches by thirty-six (36)
inches with an unaJ.CWllbered margin of one
and on~half(l 112) inches on the left hand
side of the sheet and a on~half(ll2) inch
margin around the other three (3) sides of
the sheet pun;uant to Land Use Code
Section 26.480.090.
32. A description and site plan of the
proposed development including a
statement of the objectives to be achieved
by the PUD and.a description of the
proposed land uses, densities, natural
features, traffic and pedestrian circulation,
off-street parking, open space areas,
infrastructure improvements, and site
drainage.
33. An architectural character plan
gmernlly indicating the use, massing,
scale, and orientation of the proposed
buildings.
34. A written description of the variance
being requested.
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35. Exterior Lighting Plan. Show the
location, height. type and luminous
intensity of' each above grade fIxture.
Estimate the site illumination as measw-ed
in foot candles and include minimum,
maximum, and average illumination.
Additionally, provide comparable
examples already in the community that
demonstJll.te technique, specification, and!
or light level if they exist.
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ATTACHMENT 5
DEVELOPMENT REVIEW PROCEDURE
I. Attend pre-application conference. During this one-on-one meeting, staff will
determine the review process which applies to your development proposal and will identify
the materials necessary to review your application.
2. Submit Development Application. Based on your pre-application meeting, you
should respond to the application package and submit the requested number of copies of the
complete application and the appropriate processing fee to the Community Development
Department.
3. Determination of Completeness. Within five working days of the date of your
submission, staff will review the application, and will notify you in writing whether the
application is complete or if additional materials are required. Please be aware that the
purpose of the completeness review is to determine whether or not the information you have
submitted is adequate to review the request, and not whether the information is sufficient to
obtain approval.
4. Staff Review of Development Application. Once your application is determined to
be complete, it will be reviewed by the staff for compliance with the applicable standards of
the Code. During the staff review stage, the application will be referred to other agencies
for comments. The Planner assigned to your case or the agency may contact you if
additional information is needed or if problems are identified. A memo will be written by
the staff member for signature by the Community Development Director. The memo will
explain whether your application complies with the Code and will list any conditions which
should apply if the application is tobe approved.
Final approval of any Development Application which amends a recorded document,
such as a plat, agreement or deed restriction, will require the applicant to prepare an
amended version of that document for review and approval by staff. Staff will provide
the applicant with the applicable contents for the revised plat, while the City Attorney is
normally in charge of the form for recorded agreements and deed restrictions. We
suggest that you not go to the trouble or expense of preparing these documents until the
staff has determined that your application is eligible for the requested amendment or
exemption.
5. Board Review of Application. If a public hearing is required for the land use action
that you are requesting, then the Planning Staff will schedule a hearing date for the
application upon determination that the Application is complete. The hearing(s) will be
scheduled before the appropriate reviewing board(s). The Applicant will be required to
mail notice (one copy provided by the Community Development Department) to property
owners within 300 feet of the subject property and post notice (sign available at the
Community Development Department) of the public hearing on the site at least fifteen
(15) days prior to the hearing date (please see Attachment 6 for instructions). . The
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Planning Staff will publish notice of the hearing in the paper for land use requests that
require publication.
The Planning Staff will then formulate a recommendation on the land use request and
draft a memo to the reviewing board(s). Staff will supply the Applicant with a copy of
the Planning Staff's memo approximately 5 days prior to the hearing. The public
hearing(s) will take place before the appropriate review boards. Public Hearings include
a presentation by the Planning Staff, a presentation by the Applicant (optional),
consideration of public comment, and the reviewing board's questions and decision.
6. Issuance of Development Order. If the land use review is approved, then the
Planning Staff will issue a Development Order which allows the Applicant to proceed into
Building Pennit Application.
7. Receipt of Building Permit. Once you have received a copy of the signed staff
approval, you may proceed to building pennit review. During this time, your project will be
examined for its compliance with the Uniform Building Code. It will also be checked for
compliance with applicable provisions of the Land Use Regulations which were not
reviewed in detail during the one step review (this might include a check of floor area ratios,
setbacks, parking, open space and the like). Fees for water, sewer, parks and employee
housing win be collected if due. Any document required to be recorded, such as a plat, deed
restriction or agreement, will need to be reviewed and recorded before a Building Pennit is
submitted.
ATTACHMENT 6
PUBLIC HEARING NOTICING REQUIREMENTS
lbree forms of notice are required by the Aspen Land Use Regulations: publication in the
newspaper, posting of the property, and mailing to surrounding landowners.
Fo11owing is a summary of the notice requirements, including identification of who is
responsible for completing the notice.
1. Publication _ Publication of notice in a paper of general circulation in the City of
Aspen is to be done at least fifteen (15) days prior to the hearing. The legal notice wi11 be
written by the Community Development Department and we will place the notice in the
paper within the appropriate deadline.
2. Posting _ Posting of a sign in a conspicuous place on the property is to be done
fifteen (15) days prior to the hearing. It is the applicant's responsibility to obtain a copy of
the sign from the Community Development Department, to fi11 it in correctly and to bring
proofto the hearing that posting took place (use attached affidavit).
3. Mailing _ Mailing of notice is to be made to all owners of property within 300 feet
of the subject development parcel by the applicant. It is the applicant's responsibility to
obtain a copy of the notice from the Community Development Department, to mail it
according to the fo11owing standards, and to bring proof to the hearing that the mailing took
place (use attached affidavit).
Notice to mineral Estate Owner. An Applicant for surface Development shall notify
affected mineral estate owners by at least thirty (30) days prior to the date scheduled for
the initial public hearing on the application for development. The applicant shall certify
that the notice has been provided to the mineral estate owners.
The names and addresses of property owners sha11 be those on the current tax records of
Pitkin County as they appeared no more than sixty (60) days prior to the date of public
hearing.
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ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
, Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
,200
STATE OF COLORADO )
) ss.
County of Pitkin )
I, (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
- Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
- Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed ofletters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the _ day of
,200_, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
- Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
(continued on next page)
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Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
Signature
The foregoing "Affidavit of Notice" was acknowledged before me this _ day
of , 200_, by
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires:
Notary Public
ATTACHMENTS:
COPY OF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL