HomeMy WebLinkAboutcoa.lu.ca.130 Prospector Rd.0017.2008.aslu130 PROSPECTOR RD.ASPEN
HIGHLANDS VILLAGE CODE
INTERPRETATION 0017.2008
1
THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER
PARCEL ID NUMBER
PROJECTS ADDRESS
PLANNER
CASE DESCRIPTION
REPRESENTATIVE
DATE OF FINAL ACTION
0017.2008.ASLU
NO PARCE4T ?.5) r't 13W I
130 PROSPECTOR RD
JENNIFER PHELAN
HIGHLANDS LAND USE INTERPRET.
EASTWOOD DEVELOPMENT
3.8.09
CLOSED BY ANGELA SCOREY ON 1/13/10
i 30 P0s PEcTc,C- R D . oc���. 200� Ac,
7 ,200�, �SG�
A A0'
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Address 130 PROSPECTOR RD
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Zip 81611
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Routing Queue aslu07 Applied 103/13/2008
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Approved j J
Description RE: CLARIFICATION OF ALLOWED USES
AT ASPEN HIGHLANDS VILLAGE -
Issued
HIGHLANDS USE INTERPRETATION
Final
Submitted !,DAVIS HORN INC 925 6587
Clock Running Days
0 Expires 03108/2009
Owner
Last Name '',EASTWOOD DEVELOPMENT` J
First Name
300 D AABC
—
ASPEN CO 81611
Phone (970)429-1286
F4 Owner Is Applicant?
Applicant
Last Name EASTWOOD DEVELOPMENT! J
First Name
1300 D AABC
Phone (970) 429-1286 Cust tk6368
L
ASPEN CO 81611
Lender
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Fist Name
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Enter the permit type code
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PUBLIC NOTICE
RE: INTERPRETATION OF THE LAND USE
CODE - PERMITTED USES IN THE VILLAGE
CORE OF THE ASPEN HIGHLANDS VILLAGE
PUD
NOTICE IS HEREBY GIVEN that a code interprets
tion of the permitted uses in Block D (the Village
Core) of the Aspen Highlands Village PUD, pursu
ant to Sections 26.104.100 26.445.030(D) of the
City of Aspen Land Use Code, Ordinance 36. Se
ries of 2000, and the Highlands PUD Guide, re
quested by Eastwood Development, was rendered
on 4/2/2008 and is available for public inspection in
the Community Development Department.
Published in the Aspen Times Weekly on April 13,
2008,(1397299)
u
L J
CITY OF ASPEN
COMMUNITY DEVELOPMENT DEPARTMENT
LAND USE CODE INTERPRETATION
JURISDICTION: City of Aspen
APPLICABLE CODE SECTIONS: Section 26.104.100
Section 26.445.030(D)
Ordinance 36, Series 2000
Aspen Highlands Village PUD Guide
EFFECTIVE DATE:
WRITTEN BY:
APPROVED BY:
ate: � J�
COPIES TO: City Attorney
City Planning Staff
April 2, 2008
Jessica Garrow,
Long Range Planner
Chris Bendon,
Community Development Director
SUMMARY:
This Land Use Code interpretation clarifies the permitted uses in Block D (the Village Core) of
the Aspen Highlands Village PUD. This interpretation has been requested by Eastwood
Development, represented by Glenn Horn of Davis Horn, Inc. The requester shall have the right
to appeal this code interpretation, as outlined below.
BACKGROUND:
The requester, Glenn Horn, has requested an interpretation of the permitted uses in the Village
Core Area of the Aspen Highlands Village PUD. The area is located at the base of the Highlands
ski resort, and was developed as a PUD in Pitkin County and then annexed into the City of
Aspen. The Highlands Village PUD was annexed into the city in 2000 by Ordinance 8, Series
2000. The PUD was zoned later that year by Ordinance 36, Series 2000. That Ordinance zoned
the Village Core SKI (Ski Area Base) zone district. There is a conflict between the permitted
uses outlined in the PUD Guide and the underlying City zone district. This interpretation is
intended to resolve the conflict.
DISCUSSION
Staff has relied on four (4) sections of the Land Use Code, the Aspen Highlands Village
Development Guide, and the Aspen Highlands Village Initial Zoning Ordinance, to render this
interpretation. Following are the sections, emphasis added.
0
0
A. Land Use Code Section 26.104.100, Definitions - Office.
A type of land use involving the establishment and delivery of business, professional, or
government activities and/or services.
B. Land Use Code Section 26.104.100, Definitions —Office Uses.
A building, or portion thereof, used for the transaction of business, professional, or
medical services and activities, including, without limitation, realtors, timeshare sales,
non-profit organizations, travel agents, advertising or insurance agents, lawyers,
physicians, dentists, architects, engineers, accountants, other licensed professionals and
property management companies or agents.
C. Land Use Code Section 26.445.040.A, General Provisions — PUD Uses.
The land uses permitted in a PUD shall be limited to those allowed in the underlvinQ
zone district in which the property is located.
D. Ordinance 36, Series of 2000, Section 1 — Aspen Highlands Village Initial Zoning Ordinance.
"Lands to be included in the Ski Area Base (SKI) Zone District: 1. Block D.
Lands to be included in the Planned Unit Development (PUD) Overlay: 1, Blocks A, B,
C, D E, F, G & H. "
E. Ordinance 36, Series 2000, Section 2 — Aspen Highlands Village Initial Zoning Ordinance.
"It is acknowledged through this ordinance which assigns initial City of Aspen zoning to
the Aspen Highlands Village PUD that those uses specifically approved through the
Planned Unit Development and Special Review Process under the jurisdiction of Pitkin
County and now considered a Conditional use by the City of Aspen are incorporated as
approved uses and do not necessitate a Conditional use review until such time as new,
expanded, or modified Conditional Uses are proposed. The documents "Aspen
Highlands Village: Detailed Submission Consolidated Plan ", September 1997, recorded
at Reception No. 423274, the "Aspen Highlands Village Planned Unit Development
Guide" June 1998 recorded at Reception No 422629 and amendments thereto
contained within the Board of County Commissioners of Pitkin County Resolution No.
99 127 (Fractional Ownership Project) shall serve as documentation of the approved
uses by right and by special review which are the subject of this section. "
F. Land Use Code Section 26.710.330.C, Ski Are base (SKI) Zone District — Conditional Uses.
The following are uses permitted as conditional uses in the Ski Are Base (SKI) zone
district, subject to the standards and procedures established in Chapter 26.425.
1. Day Care Center;
2. frees, business;
3. Public and private surface and underground parking areas;
4. Essential government and public utility uses, facilities, services and buildings
(excluding maintenance shops); and
S. Post office substation.
G. Aspen Highlands Village PUD Guide, Definitions — Commercial Space.
Commercial Space may include, but is not limited to, the following uses for which the
applicant has obtained either a commercial Growth Management Quote System (GMQS)
allotment or exemption.
a. Personal Service Outlets such as food stores, drug stores, post office sub-
stations, self-service laundries, dry cleaning outlets, barber and beauty shops,
and liquor stores.
b. Places for retailing of goods.
c. Professional offices.
d. Restaurants and bars.
e. Sporting goods rental and sales stores.
f Meeting rooms.
Aspen Highlands Village was annexed into the City by Ordinance 8, Series of 2000. Citation D,
above, states that the Village Core (Block D) of the Aspen Highlands PUD was initially zoned
Ski Area Base (SKI) with a PUD Overlay. This initial zoning has never been amended.
Citation C, above, states that the only uses permitted in a PUD shall be limited to the uses
allowed in the underlying zone district, in this case the SKI zone district. Citation F, above, lists
"Offices, business" and "Post office substation" as Conditional Uses in the Ski Area Base (SKI)
zone district.
The initial zoning ordinance, Citation E, states that all uses approved in the Aspen Highlands
Village PUD Guide are incorporated as approved uses, regardless of what the underlying zone
district says with respect to those uses. The PUD Guide, Citation G above, states that the uses
approved in the Aspen Highlands Village PUD Guide for the Commercial Spaces include
"Professional offices" and "post office sub -stations."
While there is no definition of "Professional offices" in the Aspen Highlands Village PUD
Guide, as outlined in Citations A and B, above, there is a definition of "Office" and "Office
Uses" in the Land Use Code, which are informative for this analysis. As outlined in Citation B,
above, an office use includes professional services and activities, including "realtors, timeshare
sales, non-profit organizations, travel agents, advertising or insurance agents, lawyers,
physicians, dentists, architects, engineers, accountants, other licensed professionals and property
management companies or agents." From Citation A, above, an office is a land use involving the
establishment and delivery of professional services.
INTERPRETATION
While there appears to be some conflict between the PUD Guide and the SKI zone district in
terms of office uses and post office substations, it is clear from the initial zoning ordinance
(Ordinance 36, Series of 2000) that all uses expressly permitted in the Aspen Highlands Village
PUD Guide are considered permitted uses even if they are conditional uses or uses not permitted
uses in the SKI zone district. Further, while the PUD section of the Land Use Code states that
permitted uses in a PUD are limited to the permitted uses in the underlying zone district, the
initial zoning ordinance clearly states that all uses approved through Pitkin County's PUD
0 •
process are incorporated as approved uses, even if they are Conditional Uses in the underlying
zone district.
Therefore, all uses listed as permitted uses in the PUD Guide, including professional offices and
post office substations, and all permitted uses in SKI zone district are permitted uses in Block D
(the Village Core area) of the Aspen Highlands Village PUD. Further, any conditional use in the
SKI zone district that is not expressly permitted in the PUD Guide is considered a conditional
use in the Village Core area.
The PUD Guide does not define what constitutes a "Professional office," and therefore the
definitions for "Office" and "Office Uses" included in the City of Aspen Land Use Code should
be used to inform what kinds of "professional offices" are permitted.
This interpretation was provided on April 2, 2008, and shall become effective on April 2, 2008.
This interpretation of the Land Use Code shall be valid until such time as the code sections
specified are amended to implement this clarification or for other purposes.
APPEAL OF DECISION
Any person with a right to appeal an adverse decision or determination shall initiate an appeal by
filing a notice of appeal on a form prescribed by the Community Development Director. The
notice of appeal shall be filed with the Community Development Director and with the City
office or department rendering the decision or determination within fourteen (14) days of the
date of the decision or determination being appealed. Failure to file such notice of appeal within
the prescribed time shall constitute a waiver of any rights under this Title to appeal any decision
or determination.
• 0
Nonconforming lot or parcel. A lot or other parcel of land which as the result of the adoption of
dimensional regulations contained within this Title fails to meet the minimum dimensional require-
ments for the zone district in which it is located.
Nonconforming lot of record. A lot or other parcel of land on record with the office of Clerk and
Recorder for Pitkin County which as the result of the adoption of dimensional regulations contained
within this Title fails to meet the minimum lot area and lot width requirements for the zone district in
which it is located.
Nonconforming structure. A structure which was originally constructed in conformity with zon-
ing and building codes or ordinances in effect at the time of its development, but which no longer con-
forms to the dimensional or other requirements imposed by this Title for the zone district in which it is
located.
Nonconforming use. The use of land or a building or structure which was originally established
in conformities with the zoning and building codes or ordinances in effect at the time of its develop-
ment, but which is no longer allowed as a permitted or conditional use under the regulations imposed
by this Title for the zone district in which it is located.
Non -Profit Organization. An entity which has received a favorable determination letter from the
United States Internal Revenue Service regarding their tax exempt status, and is incorporated, subject
to or in compliance with the applicable provisions of the Colorado Revised Statutes (CRS) Corpora-
tions and Associations articles 121 to 137.
Non -Unit Space. The floor area within a lodge, hotel, or mixed -use building that is commonly
shared such as lobbies, hallways, stairways, recreational areas, and dining rooms.
Normal maintenance. That non -extraordinary maintenance carried out in any twelve (12) month
period on a regular schedule necessary to preserve the safety and structural integrity of a nonconform-
ing use or structure, including the repair and/or replacement of nonbearing walls, fixtures, wiring or
plumbing.
Office. A type of land use involving the establishment and delivery of business, professional, or
governmental activities and/or services.
Office Uses. A building, or portion thereof, used for the transaction of business, professional, or
medical services and activities including, without limitation, realtors, timeshare sales, non-profit or-
ganizations, travel agents, advertising or insurance agents, lawyers, physicians, dentists, architects, en-
gineers, accountants, other licensed professionals and property management companies or agents.
Officer or official. An official or officer of the City of Aspen.
Official zone district map. The official map authorized in Section 26.710.030 designating the
zone district boundaries in the City of Aspen.
City of Aspen Land Use Code. August, 2007
Part 100, Page 25
F-
off • 5
SUBNORMAL 0 : not entirely sane : ECCENTRIC It : REMOTE, SLIGHT
<an — chance) 4 a • pent off duty (reading on his — days)
b : SLACK <— season) C a : OFF-COLOR b : INFERIOR (— grade
of oil); also : TAINTED C : DOWN (stocks were ^•) 6 : cmcUM-
STANCED (Well —>
401f \'6f\ vi : to go away : DEPART — used chiefly as an imperative
Offal \'6421, of -al\ n [ME, fr. of off + fall] 1 : the waste or by-
product of a process: as a : trimmings of a hide b : the by-prod-
ucts of milling used esp. for stock feeds c : the viscera and trim-
mings of a butchered animal removed in dressing 2 : RUBBISH
off and on adv : with interruptions : INTERMITTENTLY
,off -beat \'6f-,bet\ n : the unaccented part of a musical measure
2offbeat adj : ECCENTRIC, UNCONVENTIONAL
off -cast \'6f-,kast\ adj : Cast off : DISCARDED — offcast n
off-color \'bf-'kal-or\ or off -colored \-ord\ ad 1 a • not hav-
ing the right or standard color b : out of sorts $ a : of doubtful
propriety : DUBIOUS b : RisQuf
offend \a -'fend\ vb [ME offenden, fr. MF offendee, fr. L offendere
to strike against, offend fr. ob- against + fendere to strike —
more at OB-, DEFEND] of 1 : to transgress the moral or divine
law : srN 2 a : to cause difficulty or discomfort or injury b : to
cause dislike, anger, or vexation — vt 1 a : VIOLATE, TRANSGRESS
b : to cause pain to : HURT 2 obs : to cause to sin or fall 3 : to
cause to feel vexed or resentful — of•fend-er n
SYn OFFEND, OUTRAGE, AFFRONT, INSULT mean to cause hurt
feelings or deep resentment. OFFEND may not imply intent; ft
may suggest a violation of the victim's sense of what is proper
or fitting; OUTRAGE implies offending beyond endurance and call-
ing forth extreme feelings; AFFRONT implies treating with deliberate
rudeness or contemptuous indifference to courtesy; INSULT sug-
gests deliberately and insolently causing humiliation, hurt pride,
or shame
offense or offence \a'fen(t)s, af-,en(t)s\ n [ME, fr. MF, fr.
L offensa fr. offensus, pp. of offender¢] 1 a obs : an act of stum-
bling b archaic : a cause or occasion of sin : STUMBLING BLOC$
2 : something that outrages the moral or physical senses : NUISANCE
3 • the act of attacking : ASSAULT 4 a : the act of displeasing or
affronting b : the state of being insulted or morally outraged
5 a : SIN, MISDEED b . an infraction of law : CRIME — offense-
less \-las\ adj
SYn OFFENSE, RESENTMENT, UMBRAGE, PIQUE, DUDGEON HUFF mean
an emotional response to a slight or indignity. 0 iiENSE implies
hurt displeasure; RESENTMENT suggests a longer lasting indignation
or smoldering Ill will; UMBRAGE implies a feeling of being snubbed
or ignored; PIQUE applies to a transient feeling of wounded vanity;
DUDGEON suggests an angry fit of indignation; HUFF implies a
peevish short-lived speno f anger usu. at a petty cause
Syn OFFENSE, SIN, VICE, CRIME, SCANDAL mean a transgression
of law. OFFENSE is a general term appl mg to the infraction of any
law, rule, or code; sIN implies an offense against the moral law;
VICE applies to a habit or practice that degrades or corrupts;
CRIME implies a serious offense punishable by the law of the
state; SCANDAL applies to an offense that outrages the public
conscience or damages the integrity of an organization or group
lof.fen•sive \a-'fen(t)-siv, af-,en(t)-\ adj 1 : making attack
: AGGRESSIVE 2 : giving painful or unpleasant sensations : NAU-
SEOUS, oBNoxious 3 : INSULTING, AFFRONTING — Of-fen•sive•ly
adv — o1•fen•sive•ness n
2oflensive n 1 : the act or attitude of an attacking party 2 : AT-
TACK
lof•feI \'6f-2r, of-\ vb ot•fer•ing \-(a-)riD\ [ME offren, in sense
1, fr. OE offrian, fr. LL offerre, fr. L, to present, tender fr. ob-
toward + ferre to carry; in other senses, fr. OF offrir, fr. L of-
ferre — more at OB-, BEAR] vt 1 a : to present as an act of worship
or devotion : SACRIFICE b : to utter in devotion 2 a : to present
for acceptance or rejection : TENDER b : to present in order to
satisfy a requirement 3 a : PROPOSE, SUGGEST b : to declare one's
readiness or willingness < -ed to help me) 4 a : to put up (—ed
stubborn resistance) b : THREATEN <—ed to strike him with his
cane) 5 : to make available : AFFORD; esp : to place (merchandise)
on sale 6 : to present in performance or exhibition 7 : to propose
as payment : BID ... vi 1 : to present something as an act of wor-
ship or devotion sACRIFICE 2 archaic : to make an attempt
3 : to present itself 4 : to make a proposal; esp : to propose
marriage
20ffeI n 1 a : PROPOSAL; specif : a proposal of marriage b : an
undertaking made in consideration of the reciprocal promiseof
another 2 obs : OFFERING 3 : a price named by one proposing
to buy : BID 4 a : ATTEMPT, TRY b : an action or movement
indicating a purpose or intention
of•fer•ing n 1 a : the act of one who offers b : something offered;
esp : a sacrifice ceremonially offered to Gad O : a contribution
to the support of a church 2 : something offered for sale 3 : a
course of instruction or study
of•fer•to•ry \'6fo(r))-,tort, of-, -tbr-\ n [ML offertorium, fr.
OfJe ti pp. of LL offerre] 1 often cap a: the eucharistic offering
of bread and wine to God before they are consecrated at Com-
munion b : a verse from a Psalm said or sung at the beginning
of the offertory 2 a : the presentation of the offerings of the
congregation at public worship b : the musical accompaniment
played or sung during an offertory
offhand \'6f-'hand\ adv (or adj) 1 • without premeditation
or preparation : EXTEMPORE 2 : from a standing position without
a support or rest <— shooting)
off-hand-ed \ 'han-dad\ adj : OFFHAND — off•hand-ed•ly ady
— nfl.hanA.wA.nwca n _ -
n - a - n [ME, fr. OF, fr. L officfum service, ii
OLIICe, Ir. opus work + Jfacere to make, do — more at OPERATE, DOl
1 a : a special duty, charge, or position conferred by an exercise
�1 of governmental authority and for a public purpose.: a position
r, of authority to exercise a public function and to receive whatever
emoluments may belong to it (hold public —) b,: a position of
responsibility or some degree of executive authority 2 [ME, fr.
OF, fr. LL officium, fr. L] : a prescribed form or service of worship;
specif, cap : DIVINE OFFICE 3 • a religious or social ceremonial
observance : RITE 4 a : something that one ought to do or must do
an assigned or assumed duty, task, or role b , the proper or
customary action of something : FUNCTION 5 : a place where a
particular kind of business is transacted or a serviceis supplied: as
.I; clerical work) of which p public officerrunctions e performedas consulting,
the direecord cting
8
6 • ogee
headquarters of an enterprise or organization e • the place
which a professional man (as a physician or lawyer) conducts �
professional business 6 pl, chiefly Brit : the apartments attached
buildings, or outhouses in which the activities attached to the
service of a house are carried on 7 a • a ma or administrative
unit in some governments (British Foreign Office) b : a sub.
division of some government departments (Patent Office) syn sce
iNaCI'ION POSITION
n • a boy employed for odd jobs in a business of ice
of•fiee•hold•er \-,hol-dar\ n : one holding a public office esp, b,
the civil service
lot•fi•Cer \'bf-a-sor, %f-, rapid '6f-sar, 'af-\ n [ME, fr. MF officier
fr. ML officiarius, fr. L officium1 1 a obs : AGENT b : one charged
with police duties 2 : one who holds an office of trust, authority,
or command 3 a : one who holds a position of authority or
command in the armed forces; specif : one who holds a com.
mission b • the master or any of the mates of a merchant or
passenger loft er vt slip to furnish with officers 2 : to command or direct
as an officer
loi•ti•Cial \a--'fishol\ n • one who holds or is invested with an
office and esp. a subordinate one : OFFICER
201ffcial aAJ 1 • of or relating to an office, position, or trust
2 : holding an office 3 a : AUTHORIZED, AUTHORITATIVE b : pre-
scribed or recognized as authorized; specif : described by the
U.S. Pharmacopeia or the National Formulary 4 : befitting or
characteristic of a person in office : FORMAL — Of•fi•Cial•ly
\ 'fish-(a-)lE\ adv
Of•fi•cial•dom \a -'fish -al -dam\ n : officials as a class
ot•fi•cial•ism \'fish-a-,liz-am\ n : lack of flexibility and initiative
combined with excessive adherence to regulations in the behavior
of usu. government officials
of-fi•ei•ant \o-'fish-Eont\ n : an officiating priest or minister
lof•fi•ci•ary \a 'fish-E-,er-e 6-, g-\ n [ML officiarius] 1 : OFFICER,
OFFICIAL 2 : a body of officers or officials
2officiary adf : connected with, derived from, or having a title or
rank by virtue of holding an office (— earl)
of•fi•0f•ate \a 'fishc-,at\ vi 1 • to perform a ceremony, funs.
tion, or duty 2 : to act in an official capacity — vt 1 : to carry
out (an official duty or function) 2 : to serve as a leader or cele-
brant of (a ceremony) 3 : to administer the rules of (a game or
sport) esp. as a referee or umpire — of-fi•ci•a•tion \..fishe-
'a-shan\ n
of•fi•ci•nal \a-'fis-'nal, 6-, A-; ,6fo-'sin-'1, of-\ adj [ML
ficinalis of a storeroom, fr. officiaa storeroom, fr. L, workshop, r.
opific-, opifex workman, fr. opus work + facere to do] 1 : avail.
able without special ppreparation or compounding <— medicine);
also : OFFICIAL 3b 2 : MEDICINAL <— herbs) — officinal n —
of.fi•ci•nal.ly \-E\ adv
of•fi•cious \a -'fish -as\ adj [L ofjiciosus, fr. o(ficium service, office]
1 obs a : KIND, OBLIGING b : DUTIFUL 2 : volunteering one's
services where they are neither asked nor needed : MEDDLESOME
3 : INFORMAL, UNOFFICIAL syn see IMPERTINENT — Of•fi•CiORS-ly
adv — of•fi•cious•ness n
offing \'6f-ia, %f-\ n ['off] 1 : the part of the deep sea seen from
the shore 2 : the near or foreseeable future or the near distance
offish \'6f-ish\ adj ['off] : inclined to stand aloof — off•ish•ly
adv — off•ish•ness n
off 01 prep : OFF
offprint \'6f-,print\ n : a separately printed excerpt — offprint vt
off•seollr•ing \-,ska0(a)r-i0\ n 1 : something that is scoured off
: REFUSE 2 : someone rejected by society : OUTCAST
lofl•set \- set\ n 1 a archaic • OUTSET, START b : CESSATION
2 a : a short prostrate lateral shoot arising from the base of a
plant b : a lateral or collateral branch (as of a family or race)
• OFFSHOOT O : a spur from a range of hills 3 a • a horizontal
ledge on the face of a wall formed by a diminution of its thickness
above b • an abrupt change in the dimension or profile of an
ob)'ect or the part set off by such change4 : something that sets
off to advantage or embellishes something else : FOIL 6 : an
abrupt bend in an object by which one part is turned aside out of
line 6 : something that serves to counterbalance or to compensate
for something else; specF : either of two balancing ledger items
7 a : unintentional transfer of ink (as from a freshly printed sheet)
b : a printing process in which an inked impression from a plano-
graphic surface is first made on a rubber -blanketed cylinder and
then transferred to the paper being printed — offset adj
2otf•Set \16f-,set, vt senses are also 6f-'\ vt 1 a : to place over
against : BALANCE b to compensate for • COUNTERBALANCE
2 : to form an offset in r vi : to become marked by offset syn see
COMPENSATE
Off -Shoot \'6f-shift\ n 1 : a branch of a main stem 2 a : a lateral
branch (as of a mountain range) b : a collateral or derived branch,
descendant, or member
lofl•shore \16f-1sh6(o)r, 'sh6(a)r\ adv : from the shore : at a
distance from the shore
toff -shore \'6f- \ adf 1 : coming or moving away from the shore
2 a : situated off the shore within a zone extending three miles from
low-water line b : distant from the shore
off side adv (or adj) : illegally in advance of the ball or puck
offspring \'6f-,spri0\ n, pl offspring also offsprings [ME
ofspring, fr. OE, tr. of off + springan to spring] 1 : the progeny
of an animal or plant : YOUNG 2 : PRODUCT, RESULT
off-stage \16f-'stlij,-,staj\ adv (or adj) 1 : off or away from the
stage 2 : out of the public view
off-the-rec-ord \,6f-])_To-'rek-ord also 'rek-,6(o)rd\ adj : given
or made in confidence and not for publication
off-white \'bf-'hwit, 'wit\ n : a yellowish or grayish white
Off year n 1 • a year in which no major election is held 2 : a
year of diminished activity or production
oft \'6ft\ adv [ME, fr. OE; akin to OHG ofto often] : OFTEN
(an — neglected factor)
often \16-tan also '6f-tan\ adv [ME, alter. of oft] : many times
:FREQUENTLY
of -ten -times \-.t-imz\ or oft -times \'6f(t)-,timz\ adv : OFrEN
0 gauge \'o-\ n [roh] : a gauge of track in model railroading In
which the rails are approximately 1 % inches apart
Ogee also OG \'o-,le\ n [obs. E ogee (ogive); fr. the use of such
moldings in ogives] 1 : a molding with an S-shaped profile
ogham
2 : a pointed arch
apex
ogham or Ogam \'a
[IrGael ogham, fr.
yyI
the al
6th centuraybetic Old Ir
alphabet of 20 lette
by notches for vc
for consonants cut
tough standing -
ogbam•ic \a 'gam
adj— ogham•is
ii-(o-)mast\ n
ogi•val \o 'jT-vol\
to, or having the f
or an ogee
ogive \'o-jiv\ n [I
onal arch or rib .
vault b : a point,
represents the sum
corresponding freq
Iogle \'6g-al also 'a
fr. oog eye; akin tc
With amorous invi
or provocatively —
20gle n : an amorou
ogre \'o-Bar\ n IF]
that feeds on hum
object — ogre-ish
ioh \(')o\ inter) [I
(as astonishment,
(Oh, porter Will y
,oh \'o\ n (a, fr. I
letter O] : ZERO
Ohm \'om\ n [Geoff
mks unit of electrl
in which a potemi
one ampere — Ohl
ohmage \'o-mij\ ;
ohm.me•ter \16(m'
resistance in ohms
-0•ic \'o-ik\ adj .
derivative <decano
I old \.6id\ n suffi
having a (specifies
2-oid adj suffix [M
.o- + eidos appear
the form or appea
loil \'6i(2)1\ n [MI
fr. elaia olive] 1
substances that an
are soluble in etht
paper or cloth b
3 a : an oil color L
4 : unctuous or fl
20il vt : to smear, I
take on fuel oil
oil beetle n : a bl
a yellowish liquid
oil Cake n : the so
of cotton)
oilcloth
for table and shell
oil color n 1 : a p
oil•eI \'6i-lar\ n
applying oil 3 : E
b : an oil -cargo st
oil field n : a regic
oil•i•ly \'6i-12-1e\
oil-i•ness \-le-nas
oil o1 vitriol : con
oil paint n : paint
oil painting n 1
picture painted I
ground in oil
oil palm n : an
cultivated for its
yield palm oil
Oil pan n : the loa
oil reservoir on a
oilseed \'6i(2)l-;
for oil
OU-skin \-,skin\ r
and garments 2
coat and trousers
oil slick n : a film
oilstone \'6i(2)1-
Oil well n : a well
oily \'6i-lE\ adj I
or impregnated w
TIATING (an — pt
ointment \'6int-
of L unguentum.
Ski ahjati he sale,
oi•ti-ci•ca \,6it
American trees; i
yield an oil simil;
Ojib.wa or Ojib•
of moccasin won
region around L'
Algonquian lang
TOR or okay \o-
adv (or adj) [abt
'OR or okay \o-
• APPROVE, AUTH'
30K ar okay \o
a abut; 0 kitten
j joke; 0 sing;
680
*rograming
progr(
profess 0
being Profane b : the use of profane language 2 : prof' lan-
pro less Npro-'fes, pro-\ vb [in sense 1, fr. ME professes, fr. projes,
adj., having professed one's vows, fr. fro. pro-. L pr jessus
Jateri to
PP. of pro iteri to profess, confess, more atato
acknowledge; in other senses, fr. L professus, pp. —
CON-
FESS] vt 1 a : to receive formally into a religious community follow -
(vows) asaiate m mey acceptance of the required vows 1) :mber of areligious community or order 2 a to otakde-
clare or admit openly or freely : AFFIRM b : to declare in words or
appearances only : PRETEND 3 : to confess one's faith in or alle-
giance to : PRACTICE 4 : to ractice or claim to be versed in (a
caning : ro professfrie
ndship
I ' to make a profession or avowal
professed \'felt\ adj 1 • openly and freely declared or acknowl-
edged : AFFIRMED 2 : professing to be qualified : EXPERT
pro•fessed•ly \pra'fescd-le,'fest-le\ adv 1 : AVOWEDLY 2 : AL-
LEGEDLY
pro-fes•SiOn \pro-'feshon\ n 1 : the act of taking the vows of a
religious community 2 : an act of openly declaring or publicly
claiming a belief faith, or opinion : PROTESTATION 3 : an avowed
religious faith ;J a : a calling requiring specialized knowledge and
often long and intensive academic preparation b • a principal
calling, vocation, or employment c :the whole body of persons
n b:
by or
livelihood in an acu III or uoau u, .
amateurs b : engaged in by persons
of can
IF...; ll)A 3 'natrrion8 aD oefes sic
t, adj 1 a : or, rerawiti w,
❑gaged in one of the learned
Informing to the technical or
a : particr ating for gain or
adeavor ofpten engaged in by
receiving financial return (---
iuct as though it were a pro-
sionally
pro•fes•sion•al•ism \ .izom\ n 1: the conduct, aims, or qualities
or mark a profession or a professional person
•,
that characterize
2 : the following of a profession (as athletics) for gain or livelihood
\-,rz\ vt : to give a professional character to
pro•1es•sion•al•ize
pro•fes•sor \pra-'fes-or\ n 1 : one that professes, avows, Or de-
the highest academic rank at an
S
clares 2 a : a faculty member of
institution of higher education b : a teacher at a university, I.
lege, or sometimes secondary school C : one that teaches or pro-
,.
fesses special knowledge of an art, sport, or occuppation requiring
\,Pro-fa-'sor•eol, ,Prafo-, 'sor-\ adJ
}
skill — Dro•fes•so•ri•al
— pro-les•so•rr•al•ly \ e a -le\ adv
•fes-sor•ate \ptahe office, term of office or
pr0'feso-rat\ n : t
position of a professor
pro•fes•so•ri•at \,pro-fa'sor<ot, ppraf-a-, 'sor--e-,at\ or po-
�F ir. projesseou pro-
fes•SO•r1•ate \ot,-,at\ n [modif.Of professorat,
fessor, fr. L professor, ft.. professes] 1 : the body of college and
at an institution or in society 4 : PROFESSORSHIP
versity teachers
pro•fes•sor•ship \pro- es -ship\ n :the office duties or posi-
tion of an acaddemic professor
Iprof•fer \'prafcr\ vb yyrof•fer-ing \ (a )ri0� [ME profrent tr.
fr. poi- forth (fr. pro-) + ofjrir to
AF pporojJrir,
P.
offer — more at PRO-] vt • to present for acceptance : TENDER,
}'
OFFER ^-• vi, obs : to move as if about to act
Iproflel n 1 : OFFER, suGGESnON 2 obs : ATrEMPT
n 1 : advancement in knowledge
pro•fi-cien•cy \Pra-'tish-a°'se\
or Skill : PROGRESS 2 - the quality or state of being Proficient
\pra-'fish-ant\ adj [L Proficient- Proficiens, PTp• of
pI0•fi•Cient
to go forward, accomplish, fr. pro- forward t Jappcere to
proficeee
make — more at PRO-, IIO well advancedproficient an D •ltceci, -ly
or branch of knowledge :EPTadv
:\
syn PROFICIENT, ADEPT, SKILLED, SKILLFUL' E7�ERTfmesionan trairlitihaving
great knowledge and experience in a trade or yroes. PROFt-
derived from � and
CIENT implies a thorough competence
practice; ADEPT implies sPectal aptitude s well as proficiency;
tecbnique; SKILLFUL implies individual
SKILLED Stresses mastery o ies extraordi-
EXPERT
a well as technical
nary proficiencyandoften connotes knowledge
skill
'pro•file \'pro-,Cl, Brit usu - fel\ n [It profilo, fr. profitare to draw
forward (fur. L) + jilare to spin, fr. LL — more
in outline, fr. pro-
at FILE] 1 : a representation of something in outline; esp : a, h
seen in a side view 2 : an outline
y
head or face represented or
or represented in sharp relief : CONTOUR 3 : a side or sections
as a : a drawing showing a vertical section of the group
ele rauon:
b : a vertical section of a soil exposing its various zones or inclu
the, extent to which an individua
sions 4 : a graph representing
exhibits traits or abilities as determined by tests or ratings 5 :
concise biographical sketch syn see OUTLINE
zprOffle vt 1 : to represent in profile : draw or write a profile o
the outline of by passing a cutter around
2 : to shape
'prof -it \-prafot\ n, often attrib [ME fr. MF, fr. L profeetus
fr. profectus, pD• of prof'icere] 1 ' a valuable retu
Vance, profit,
: GAIN 2 • the excess of returns over expenditure in a transactio
specif : the excess of the selling price
or series of transactions;
goods over their cost 3 • net income usu. for a given period of ti
for to the amount of rapi
4 : the ratio of profit a given year
invested or to the value of sales 6 : the coinpensation acc
for assumption ofprisli•� business \ t�J
as entrepreneurs
guished
2protit vi 1 : to be of service or advantage : AVAIL 2 : to deri
benefit :GAIN ^• vt : to be of service to : BENEFIT
\.Prafoto- bilotc, ,praf-ta-'bit-\ n :the gllali
prol•it•abil•t•ty
or state of being profitable
prof -it -able \'praf-oto-bol, 'prat-ta-bat\ ad1 : affording prof
— prof•it-ab e•neSS n — prof -
: USEFUL syn see BENEFICIAL
ably \-ble\ adv
loss • a summary account used at the end of an acco
profit and n
ing period to collect the balances of the nominal accounts that
net profit or loss may be shown
prof•i•teer \,Prafo-'ti(a)r\ n : one who makes what is consider
esp: on the sale of essential goods d
t
`•
an unreasonable profit
times of emergency — profiteer vi
sharing n : a system or process under which employees
profit
ceive. a part of the profits of an industrial or commercial enterp
-!
profit system n : FREE ENTERPRISE
prot•lf•ga•cy \'Praf-ll-ga-sE\ n : the quality or state of being profli-
gate
prof•li•gate \'Draf-li-gat, -la-.gat\ adj IL profligatus, fr. pp, of
profligare to strike down, fr. pro- forward, down + jtigare (akin
to Jligere to strike); akin to Gk thlibein to squeeze] 1 : completely
: PRODIGAL aipofligate n �Cyro1 ti licentiousness
adv : wildly extravagant
p rofluns, pip. of pro laereto flow forth, fr. pro- dJ f fr.
rthL+ Jlfuluent
ere to
flow ofluenr, DrD• P 1 io or smoothly
flow —more at PRO-, FLtjENT] flowing copiously
:FLUENT
pro forma \(-)Pro'for-mo\ adj [L] 1 : for the sake of or as a
matter of form 2 : provided in advance to prescribe form or de•
scribe items (pro forma invoice),
Ipro•found \pro'faand, pro-\ adj [ME, fr. MF projond deep, fr. L
profundus, fr. pro- before + fundus bottom — more at PRO-, BOr-
Tom] 1 a : having intellectual depth and insight b :difficult to
fathom or understand 2 a : extending far below the surface
b ; coming from, reaching to, or situated at a depth : DEEP-SEATED
(— sigh) 3 a : characterized by intensity Of feelingFor quaitoy-
b : all encom assinB : COMPLETE C^• steepp) sya D
found•ly \'faun-(d)le\ adv — pro-fonnd•ness \ 'faiin(d)-pas\ n
2profound n : something that is very deep; specif : the deeps of the
sea
pro•tim•d1•ty, \pro'fan-dat-E\ n IME profundite, fr. MF profundit@
fr. L profunditat-, profunditas depth, fr. profundusl 1 a : mteUeciQ
depth b : something profound or abstruse 2 : the quality or state
of being very profound or deep o[ ro
pro use \pro Ifyiis, pro-\ adj [ME, fr. Lprojusm, PP. P fundere
to pour torch, [I. pro- forth + fundere to pour — more at FOUNDXTRAVAGANT (_ in their ))]
2 : ee b ti�ng great bundanceE , BOUNTIFUL — pro -fuse ly adv
— pro•tnse•ness n EXUBERANT: PROFUSE
Syn LAVISH, PRODIGAL, LUXURIANT,, LUSH,
implies pouring forth without restraint; LAVISH suggests an an -
stinted Or unmeasured profusion; PRODIGAL implies reckless lavish-
ness threatening to lead to early exhaustion of resources; LuxuRl-
ANr suggests a rich and splendid abundance; LUSH suggests rich,
Flat luxuriance; eXUBERANT implies marked vitality or vigor in
EXTRAVAGANCE
what produces abundantly
Pro•fu•sion \'fyii-zhan\ n 1 : la A 3 :lavish
2 ;the quality or stair of being profuse
LITY
display : ABUNDANCE
Iprog \'PTag\ of progged; prog•ging [origin unknown] chiefly diaE
to search about; esp : FORAGE
sprog n, chiefly dial : FOOD, VICTUALS an ,�
pro•ga•mete \,pro-Ba-'met, (')pro 'gam -,et\ n [Isvl
or a spermatocyte fr. MF progeniteur, fr. L
pro•gen•1•tor \pro 'jenotor, pro-\ n [ME,
progenitor, fr. progenitos, pp. of progignere to beget, fr. pro- forth
+ gignere to beget — more at KIN ] 1 a : an ancestor in the direct
line : FOREFATHER b : a biologically ancestral form 2 : ORIGINA-
TOR, PRECURSOR p
pI08•e•ny \'Prij-(a-)ne\ n [ME Prog Cith� F,REN bfr. offSpr ug o�
fr. progignere] 1 a DESCENDANTS•
animals or plants 2 : OUTCOME, PRODUCT
pr0•ges•ta•tion•al \ pro-Jes-'ta-shnal,-shan-'I\ adj • preceding
pregnancy or gestation; es : of, relating to, or constituting the
modifications of the fe a mammalian system associated with
ovulation
pro•ges•teI•one \pro jes-to-,ron\ n [Progestin + sterol + one]
: a steroid progestational hormone CziHaoOz
pro•ges•tin \'jes-tan\ n [pro- + gestation + -in] : a progestational
hormone; esp : PROGESTERONE
pro•glot•tid \ C)Pro 'grdtod\ n : a segment of a tapeworm contain-
ing both male and female reproductive organs — pro•glot•ti•de•an
\.pro-•glato-'deo¢, ,pr6-•gU-'tid-E-\ adj
pro•g1Ot•tis \(-)pro= glatos\ n, pl pro•glot•ti•des \= g%to-,dez\
[NL proglottid-, proglottis, fr. k proglottis tip of the tongue, fr.
pro- before + gldtta tongue — more at PRO-, GLOSS] : PROGLOTrm
prog•na•thic \prag-'nath-ik, 'na-thik\ adj : PROGNATHOUS
prog•na•thiSm \'Prag-na-,thizom, praB-'na-\ n : prognathous
condition
prog•na.thous \-thos\ adj : having the jaws projecting beyond the
upper part of the face
prog•no•Sis \praB-'no-sas\ n ILL, fr. Gk prognosis, lit., foreknowl-
edge, fr. progign3skein to know before, fr. pro- before + gign3skein
to know — more at PRO-, KNOW] 1 :,the prospect of recovery as
d anticipated from the usual course of disease or peculiarities of the
case 2 : FORECAST, PROGNOSTICATION
I prog•nos•tic \pprdg-'nas-tik\ n [ME pronosYu/zee, [r. MF, tr. L
a prognosticum, fr. Gk progndstikon, fr. neut. of progm3stikos fore-
telling, fr. progigndskein] 1 : something that foretells : PORTENT
f 2 : PROGNOSTICATION, PROPHECY — prognostic adj
prog•nos•ti•rate \prag-'nAs-ta-,kat\ vt 1 : to foretell from signs
8d- OC Symptoms : PREDICT, PROPHESY 2 : FORESHOW PRESAGE Syn
rn See FORETELL — prog•nos•ti•Oa•tiVe \-.kat-lV\ aXff — DIOB•n0S-
n ti•ca•tor \-.kator\ n
of prog•nos•ti•ca.tion \(.)prag-.nAS-ta-'ka-shon\ n 1 : an indication
me in advance ' FORETOKEN 2 a : an act, the fact, or the power of
it prognosticating : FORECAST b : FOREBODING n F ro rarnnlC
rums Ipro•gram or programme \'pr5-,gram, -gram\ [ P g
rise agenda, ublic notice, fr. Gk programma, fr. prographein to write
before, fr. pro- before + _graphein to write —more at CARVE]
ve 1 ILL programma, fr. Gk] : a public notice 2 a : a brief outline
of the order to be pursued Or the subjects embraced (as si a public
ty entertainment) b the performance of a Program;
per-
formance broadcast on radio or television 3 a : a plan of proce-
iis duce b : a proposed project or scheme c a comprehensive
it- schedule 4 : PROSPECTUS, SYLLABUS 6 : a printed bill, card, or
booklet giving,a program; specij : a dance order 6 a : a plan for
uint- the programming of a digital computer b : a sequence of coded
the instructions for a digital computer med or pro, arced:
2program also programme vt Drc•gram
ed pro•gram•ming or pro•gram•ing 1 a : to arrange or uinish a
uring program of or for : BILL b : to enter in a program 2 : to work Out
a sequence of operations to be performed by (as an electronic cam-
re- puter) — pro•gram•mer n and sched
rise program director n : one that is in charge of planning
cling program material for a radio or television station or network
pro•gram•mat•ic
music 2 : of. rest
i•cal•ly \-i-k(o-)6
program music n
or in
IproB•ress \'prag-
progres.tus advanc
pro- forward + gr
journey or tour I
journey or circuit
or onward movem
progressive develc
ro•gress
p develop to ahight
pro•gres•sion \pre
each term is relate
act of progressing
series : SEQUENCE
or chords b : the
QUENCE Lc — pro•
pro•gres•sion•ist'
ress; esp ' one who
race or of society
pro•gres•sist \ pra
2 : PROGRESSIVE 1
ipro•gres•sive \pr
terized by progres
tional theory marl
mality of clssrooi
sion 2 : of, relati
ing forward or on
severity (a — dise
Progressives 6
expresses action o.
time spoken of —
tprogressive n 1 I
moderate political
mental action 2 c.
member of a predc
Republicans about
Robert M. La Foll
follower of Henry
Progressive ConsX
party in Canada
and close ties with
vative n
progressive jazz n
contrapuntal, and
pro•gres-sivism '
beliefs of progressi•
advocated by the
education — pro•g
pro•hib•it \prii 'hii
pp. of prohibere to
—more at GIVE] 1
vent from doing sc
See FORBID
pro•hi.bi•tion \,pr
prohibiting by suit
forbidding by law
transportation of a
pro•hi-bi•tion•ist \
tion of the sale or
specif, cap : a men
the prohibition by i
tion, and sale of al,
pro•hib•i•tive \pro
or restrain 2 : se
hib•i•tive•ly adv
pro-hib•i•to-ry \'b
Ipproj.ect \'praj-,ek
fr. pourJeter to thrc
+ jeter to throw; al
specific plan or deli
taking: as a : a de.
usu. government-st
engaged in usu. by
classroom studies I
LpIo•ject \pra'jekt'
projectus, pp. of p,
throw — more at I;throw or cut forty
teristics of 4 : to c
to fall into space, c
(s a point line, of
direction � • to a
externalize and regi
out : PROTRUDE
project -able \pra-'
Ipro•jec•tile \pra-'j-
body projected by
own inertia; specij :
2 : a self-propellin;
tprojectile adj 1 :
being thrust forwar
pre•tec-tion \pra 'j
intersecting coordir
from the curved sut
Tapped b : the pr
jest upon a plane c
the graphic repro,
3 • the act of thro
forming of a plan :
that juts out b :
6 a : the act of pen
objective; also : son
or objectifying what
e abat; i kitten
I joke; n sing;
Memorandum
To: Mayor and City Council
M 641� Ct'\-a I N-U11-
4 11)6 fco
GW MkA t z ►4
l� J ", __
Thru: Steve Barwick, City Manager
John Worcester, City Attorney
Julie Ann Woods, Community Development Director
From- Joyce A. Ohlson, Deputy Director�jA-D
Date: September 11, 2000
Re: 2nd Reading of Ordinance No. 35, Series of 2000 re. Code
Amendment Creating the Ski Area Base (SKI) Zone District,
and
\ vDI(tv-
2nd Reading of Ordinance No. 36, Series of 2000 re. Initial City
V)Lactc
Zoning of Aspen Highlands Village - „ n
\, d, �C QJC boiL4 la)tA-
Summary and Background:
The Aspen Highlands Village was annexed into the City of Aspen on April 24,
2000. The City of Aspen Code requires that the parcel be zoned by the annexing
municipality. This initial zoning action will change the underlying zoning of the
parcel, but the specific PUD approval will prevail in determining land use and
dimensional requirements. The Village is divided up into three general
neighborhoods: Village Core (mixed use of lodge, residential, AH, retail, skier
services, recreation), Maroon Neighborhood (single and multi -family residential,
AH) and Thunderbowl Neighborhood (single and multi -family residential, AH).
Also part of the annexation is a long narrow strip of land and a small triangular -
shaped piece of land, both located on the northwest side of Maroon Creek Road.
These lands are not slated for development as part of the Aspen Highlands
Village; however, these were set aside as open space as part of the original PUD
approved by the County.
The subject property contains approximately 80 acres of land and is generally
located along Maroon Creek Road. The primary points of access into Aspen
Highland Village are from this roadway. (The actual Maroon Creek Road right-of-
way was not annexed by the City of Aspen and continues to be under Pitkin
County jurisdiction.)
On October 15, 1998, Pitkin County gave final approval of the Aspen Highlands
Village PUD. The approved PUD for the site includes:
0
•
■ 63 free-market housing units
■ 112 affordable housing units, including sale and rental units
■ 10 caretaker or accessory dwelling units
■ 73 tourist accommodation units
In addition to the residential component of the development, the site will include
54,725 square feet of commercial space, which will host the following uses:
■ restaurants (14,125 sq. feet)
■ retail (21,600 sq. feet)
■ accessory skier services (12,000 sq. feet)
■ condominium and meeting rooms (4,800 sq. feet)
■ ski area storage (2,200 sq. feet)
Process:
The Planning and Zoning Commission shall conduct a public hearing on the
proposed official zoning map and code language amendments and forward a
recommendation to the City Council with whom final authority rests. The City
Council adopts amendments to the Land Use Code text and the official zoning
map by ordinance and directs the Community Development Director to effectuate
the amendments.
Staff Comments:
The specific PUD land use parameters which were approved by Pitkin County
prior to the City's annexation constitutes a site specific development plan which
vests certain development rights to the subject property. In assigning City of
Aspen zoning to the Aspen Highlands Village PUD, Staff strived to assign zoning
which most closely matches the approved land uses, lot sizes and densities. In
some cases the City does not have a "perfect match" but in any case will defer to
the approved PUD for the specifically approved development scenario and
parameters when evaluating building permit submittals. The Water Service
Agreement entered into between Aspen Highlands Village et. al. and the City of
Aspen required that the initial underlying zoning established by the City not
create any nonconforming uses already approved as part of the PUD. It is also
with this in mind that the Staff evaluated and recommended certain zoning of the
subject property. Staff has developed a new zone district called, "Ski Area Base,
(SKI)" in order to accomplish the above noted objectives, specifically related to
the core area of Aspen Highlands Village, included as Exhibit A which
establishes a new Section 26.710.330. These code amendments also include
amendments to Section 26.515.030 establishing the parking standards for the
new SKI zone district.
2
Dimensional requirements for Aspen Highlands Village and definitions specific to
the PUD are contained in the Aspen Highland Village Planned Unit
Development Guide (PUD Guide), June 1998 (and subsequent amendment
thereto) and the Aspen Highlands Village Detailed Submission Consolidated
Plan Final Draft. Since these documents were adopted as part of the annexation
and now the zoning process, these will establish applicable dimensional
requirements. The primary focus of the zoning process should be determining
appropriate City of Aspen zoning to guide land uses.
Review criteria and staff findings are included as Exhibit B. Legal descriptions
defining the zoning boundaries are included in the attached ordinance. Exhibit C
is Page 4 of the final AHV PUD plat which shows the lot layout and lot numbers
corresponding to the designation of zoning listed in this report.
Proposed Zoning:
Based on the proposed PUD uses, densities and lot sizes, staff has determined
that the following zone designations would be most appropriate with the PUD
Overlay. The lot, block and parcel notations are based upon the official Aspen
Highlands Village PUD Final Plat.
Blocks:
Block A: Lots 1-12,
Block A -Common Area/Ski Easements 1A, 2A
Block B:
Block C:
Block D: (Village Core)
Block E:
Block F:
Block G: Lots 1-19
Block G-Common Area/Ski Easements 1G, 2G, 3G, 4G,5G
Block H
Other Parcels:
Parcel 1, Parcel 2, Parcel 3, Parcel
Parcel A
R-30 Low Density Res.
C Conservation
RMF Res. Multi -family
RMF Res. Multi -family
SKI Ski Area Base
RMF Res. Multi -family
RMF Res. Multi -family
R-15 Mod. Density Res.
C Conservation
C Conservation
C Conservation
C Conservation
*All of the subject lands included within the Aspen Highlands Village PUD would
have a PUD/SPA Overlay.
Discussion
The zoning designations will not impact the adopted PUD but comply with the
general categories of usage for each area. Compliance with the Standards of
Review (Section 26.130.040) are discussed in Exhibit B.
3
• '
•
Previous Action
On August 14, 2000, the City Council approved Ordinance Numbers 35 and 36,
Series of 2000 upon first reading.
Recommendation
Staff recommends. that the City Council first take action to amend the Land Use
Code as contained within Ordinance No. 35, Series of 2000 which establishes a
new zone district (SKI). Then as a second action, assign initial zoning
designations to Aspen Highlands Village as contained within Ordinance No. 36,
Series of 2000.
First Action: Recommended Motion
-I move to adopt Ordinance No.35, Series of 2000, upon second reading."
Second Action: Recommended Motion
"I move to adopt Ordinance No. 36, Series of 2000, upon second reading."
City Manager Comments:
Exhibit A
Code Amendments
Exhibit B
Standards of Review
Exhibit C
Final Aspen Highlands Village Plat, Page 4
C: Home/joyce/AHVzoningConcMemo
4
C rt s�L � �1 _q -r
ORDINANCE No. 35
(Series 2000)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO APPROVING AMENDMENTS TO THE TEXT OF THE CITY OF
ASPEN LAND USE CODE TO ADD LANGUAGE CREATING A NEW SECTION
26.710.330 SIG AREA BASE (SKI) AND AMEND SECTION 26.515.030 REQUII2ED
NUMBER OF OFF-STREET PARKING SPACES.
WHEREAS, the Community Development Director proposed amendments to the
text of the Land Use Code, as described herein, pursuant to Section 26.210; and,
WHEREAS, the amendments proposed relate to Sections 26.710.330 and
26.515.030 of the Land Use Code of the Aspen Municipal Code; and
WHEREAS, the City of Aspen recently annexed property into its city boundaries
which needs an additional zoning district which shall be applied to the newly acquired
properties; and
WHEREAS, this newly created zoning district shall be called Ski Area Base
(SKI) and added to Section 26.700 Zoning Districts of the City of Aspen land Use Code
specifically as Section 26.710.330; and
WHEREAS, this Resolution shall amend Section 26.515.030 Required Number
of Off -Street Parking Spaces to include SKI Zone District as a Use; and
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title
26 of the Municipal Code shall be reviewed and recommended for approval, approval
with conditions, or denial by the Planning Director and then by the Planning and Zoning
Commission at a public hearing. Final action shall be by City Council after reviewing and
considering these recommendations; and,
WHEREAS, the Planning Director recommended approval of amendments to the
Land Use Code, as described herein; and,
WHEREAS, the Planning and Zoning Commission conducted a public hearing to
consider the proposed Land Use Code amendments on July 18, 2000, took and considered
public testimony and the recommendation of the Planning Director and recommended, by
a six to zero (6-0) vote that City Council adopt the proposed amendments to the text of
the Land Use Code, as described herein.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO as follows:
The Land Use Code of the City of Aspen Municipal Code is hereby amended, as follows:
Section 1:
Creating Section 26.710.330 Ski Area Base (SKI) by adding language as follows:
A. Purpose. The purpose of the Ski Area Base (SKI) zone district is to provide for
areas which allow for a mixture of uses related to ski area uses and operations including,
skiing and appurtenant uses and structures, ski area administrative offices, recreation,
lodge/hotel, retail, restaurant and bar uses, tourist -oriented service uses and residential
uses. It is intended that this zone district will apply to areas located at the base of ski
areas and all development within this district will be master planned through a Planned
Unit Development (PUD) process.
B. Permitted uses. The following uses are permitted as of right in the Ski Area Base
(SKI) zone district:
1. Alpine and nordic ski areas, related uses and support facilities typically
associated with the uses and operations of ski areas;
2. Lodge units;
3. Hotel;
4. Multi -family dwellings;
5. Detached residential or duplex dwellings;
6. Dining rooms, customary accessory commercial uses, laundry and
recreational facilities located on the same site of and for guests of lodge
units, hotels and dwelling units;
7. Accessory residential dwellings restricted to affordable housing guidelines
and Section 26.520.040;
8. Ski area administrative offices;
9. Restaurants and bars;
10. Special events associated with ski areas including such events as ski races,
bicycle races and concerts; with special event committee review
11. Parks, outdoor recreational uses and trails;
12. Recreational facility;
13. Retail establishments
14. Public transportation stop;
• 0
15. Terminal building and transportation related facilities;
16. Medical clinic accessory to the ski area;
17. Fire, police and emergency services facilities;
18. Accessory buildings and uses; and
19. Outdoor vendor carts or areas for food and beverages sales and
preparation.
C. Conditional uses. The following uses are permitted as conditional uses in the Ski
Area Base (SKI) zone district, subject to the standards and procedures established in
Chapter 26.425:
I . Day Care Center;
2. Timesharing;
3. Offices, business;
4. Public and private surface and underground parking areas;
5. Essential governmental and public utility uses, facilities, services and
buildings (excluding maintenance shops); and
6. Post office substation.
D. Dimensional requirements. The dimensional requirements which shall apply to
all permitted and conditional uses in the Ski Area Base (SKI) zone district shall be
set by the adoption of a Final Development Plan, pursuant to Chapter 26.445, of
Planned Unit Development.
E. Signs. Signs within the Ski Area Base (SKI) zone district shall be subject to the
provisions of Section 26.510, Signs. A sign master plan may be approved in
conjunction with a PUD review process allowing for the establishment of
dimensional and quantity sign standards for the PUD.
Section 2:
Section 26.515.030, Required Number of Off -Street Parking Spaces (to add SKI Zone
District Use to the existing parking chart) is amended by adding language as follows:
0 9
Uses
Zone District Lodge Residential All Others
SKI Special Review ' Special RevieT�
SECTION 3:
This Ordinance 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 ordinance 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.
A public hearing on the ordinance shall be held on the 1 I' of September, 2000, in
the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen days prior to
which a public notice of the same will be published in a newspaper of general circulation
in the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by
the City Council of the City of Aspen on the 14t° day of August, 2000.
ATTEST:
Kathryn S. h, City Clerk chel E. Richards, May r
APPROVED AS TO FORM:
Jol c rceater, City Attorney
FINALLY, adopted, passed and approved this 11" day of September 2000.
•
0
ATTEST:
Xjdbiyn "och, City Clerk
Rachel E. Richards, Ma or
G1SS�(� Yl S�L� . TDoinq
�i11Uv f04
ORDINANCE NO. 36
(Series of 2000)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
APPROVING THE INITIAL ZONING OF ASPEN HIGHLANDS VILLAGE PUD,
BY DESIGNATING CERTAIN LANDS TO THE CONSERVATION (C),
MODERATE DENSITY RESIDENTIAL (R-15), LOW DENSITY RESIDENTIAL
(R-30), LODGE/TOURIST RESIDENTIAL (LIrR), RESIDENTIAL MULTI-
FADIILY UVW, SKI AREA BASE (SKI) AND PLANNED UNIT
DEVELOPMENT OVERLAY (PUD) ZONE DISTRICTS.
PARCEL NO.2735-142-13-001
WHEREAS, a parcel of land located on either side of Maroon Creek Road,
commonly referred to as "Aspen Highlands Village PUD" was annexed into the City of
Aspen on April 24, 2000, pursuant to Ordinance No. 08, Series of 2000; and,
WHEREAS, the property is approximately 80f acres, and was granted PUD
approval by Pitkin County, and is legally described herein; and,
WHEREAS, the City Council of the City of Aspen must designate a zone district
for the property of the annexation; and,
WHEREAS, the City Council may approve Amendments to the Official Zone
District Map (Rezoning) after taking and considering recommendations from the
Community Development Director, the Planning and Zoning Commission made at a duly
noticed public hearing, and taking and considering public testimony at a duly noticed
public hearing in conformance with the review criteria set forth in Section 26.310; and,
WHEREAS, the Community Development Department analyzed the subject
parcel of land and recommended that various blocks, lots, parcels and other specific areas
be included in the conservation (C), moderate density residential (R-15), low density
residential (R-30), lodge/tourist residential (L/TR), residential multi -family (R/MF), ski
area base (SKI) and Planned Unit Development Overlay (PUD) Zone Districts; and,
WHEREAS, the boundaries for said zone district designations are described
below; and,
WHEREAS, during a regular meeting conducted on July 18, 2000, the Planning
and Zoning Commission took and considered public testimony and recommended, by a
six tozero vote (6-0), City Council include this property in the aforementioned zone
districts, as described; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary
for the promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO as follows:
0
SECTIONI:
That the City Council include the land commonly referred to as Aspen Highlands
Village PUD in certain zone districts as described below and direct the Community
Development Director to amend the Official Zone District Map accordingly.
Aspen Highlands Village Planned Unit Development Description:
Parcels of land situated in Sections 14 & 15, T. 10 S.R. 85 W. 6° P.M., County of
Pitkin and as specifically and legally described on, "The Aspen Highlands Village P.U.D.
Final Plat", pages 1-10. recorded in Book 47, pages 1-10 of the Pitkin County Clerk and
Recorders Office. All boundaries of specific blocks, lots, parcels and other described
areas below shall be derived from, "The Aspen Highlands Village P.U.D. Final Plat,
pages 1-10, as noted above.
Lands to be included in the Low Density Residential (R-30) Zone District:
1. Block A, Lots 1-12
r ands to be included in the Moderate Density Residential (R-15) Zone District:
1. Block G, Lots 1- 19
Lands to be included in the Residential Multi -Family (R/MF) Zone District:
I. Block B
2. Block C
3. Block E
4. Block F
Lands to be included in the Conservation (C) Zone District:
1. Common Areas & Ski Easements 1 A and 2A (contained within Block A)
2. Common Areas & Ski Easements 1G, 2G, 3G, 4G and 50 (contained within Block G)
3. Block H
4. Parcel
5. Parcel
6. Parcel
7. Parcel4
8. Parcel A
Lands to be included in the Ski Area Base (SKA Zone District
1. Block D
0 •
I,gp(1s to be included in the P)Atmed Unit Development (PER) Overlay:
1. Blocks A, B, C, D, E, F, G & H
2. Parcels 1, 2, 3, 4
3. Parcel A
4. All street rights -of way contained within the Aspen Highlands Village PUD,
excluding any of the Maroon Creek Road right-of-way.
Land Within Road Rights -of -Way;
All land within the public or private street rights -of -way shall be zoned consistent
with the City Zone District designation of the adjacent parcel. In the event the right-of-
way is bordered by two different City zone districts, the centerline shall become the
zoning boundary. No zoning shall be applied to any portion of the Maroon Creek Road
right-of-way.
SECTION 2:
It is acknowledged through this ordinance which assigns initial City of Aspen
zoning to the Aspen Highlands Village PUD that those uses specifically approved
through the Planned Unit Development and Special Review Process under the jurisdiction
of Pitkin County and now considered a Conditional Use by the City of Aspen are
incorporated as approved uses and do not necessitate a Conditional Use review until such
time as new, expanded, or modified Conditional Uses are proposed. The documents
"Aspen Highlands Village: Detailed Submission Consolidated Plan", September 1997,
recorded at Reception No. 423274, the "Aspen Highlands Village Planned Unit
Development Guide", June 1998, recorded at Reception No. 422629, and amendments
thereto contained within Board of County Commissioners of Pitkin County Resolution
No. 99-127 (Fractional Ownership Project) shall serve as documentation of the approved
uses by right and by special review which are the subject of this section. It is further
acknowledded that Pitkin County's Transfer of Development Rights (TDR) Program was
anticipated to be utilized within the subject PUD lands as a pan of the approval of the
Aspen Highlands Village PUD. By virtue of this ordinance, the City of Aspen
acknowledges that the use of the TDR Program may be applied w the subject lands and
administered by the City Attorney in a manner consistent with Pitkin County's program.
SECTION 3:
It is acknowledged through this ordinance that the Aspen Highlands Village PUD
was prepared and approved based upon Pitkin County zoning and the Land Use Code in
effect on June 1, 1993. The density of development and permitted floor area was
established in accordance with the methodology documented in the "Aspen Highlands
Village: Detailed Submission Consolidated Plan", September 1997; Aspen Highlands
Village PUD Development Guide" June 1998 and the "Aspen Highlands Village General
Submission Consolidation of Documents and Materials Plan", December 1995. The
entire Aspen Highlands Village subject property was factored into calculating the overall
density and floor area for the PUD. This resolution now zones Blocks A, I A, 2A, G, I G.
2G, 3G, 4G, 5G, H. Parcel 1, Parcel 2, Parcel 3, Parcel 4 and Parcel A as Conservation
(C). These lands were formerly zoned for more intensive land uses by Pitkin County (R-
15, R-30, AFR-10 and AR-1) and were utilized in lot area calculations to determine
maximum density and floor area as part of the Pitkin County PUD process. In the future,
if an Aspen Highlands Village PUD amendment is proposed, the City of Aspen will
recognize that lands now zoned Conservation (C) were formerly zoned for more intensive
land uses and the rights associated with such lands were considered by Pitkin County in
establishing the maximum floor area and density limitations.
SECTION 4:
It is acknowledged through this ordinance that in accordance with the General
Provisions Section of the City of Aspen Water Service Agreement between the City of
Aspen, Highlands Water and Sanitation District and Hines -Highlands Limited
Partnership et. al., dated August 10, 1998, that certain provisions were agreed upon
having to do with the development and implementation of the Aspen Highlands Village
PUD. Specifically, the Aspen Highlands Village PUD will be exempt from the
requirements of the City of Aspen Land Use Code relating to 8040 Greenline Review and
Residential Design Standards.
SECTION 5:
This Ordinance 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 6:
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is
for any reason held invalid or unconstitutional in a court of competent jurisdiction, such
portion shalt be deemed a separate, distinct and independent provision and shall not affect
the validity of the remaining portions thereof.
A public hearing on the ordinance shall be held on the 11 ' of September, 2000, in
the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen days prior to
which a public notice of the same will be published in a newspaper of general circulation
in the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by
the City Council of the City of Aspen on the 14' day of August, 2000.
ATTEST:
thryn S. oeh, City Clerk 4h.k. Richards, Ma r
APPROVED AS TO FORM:
John { orc ter, City Attorney
FINALLY, adopted, passed and approved this 11 ° day of September, 2000.
ATTEST:
Kathryn S K City Clerk chel Er Richards, Ma r ,
0 •
ASPEN HIGHLANDS VILLAGE
INITIAL CITY ZONING
2000 0 2000 4000 Feet
0 Highlands Annexation Boundary
S{a
n R- M N
Conservation
R-15 PUD
RW
City of Aspen w E
Rivers & Ponds
Structures
Parcels
Text One Hundred Scale Road Names
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ORDINANCE NO.B
(Series of 2000)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN,
COLORADO, TO BE KNOWN AND DESIGNATED AS THE "ASPEN HIGHLANDS
VILLAGE PUD" ANNEXATION.
WHEREAS, on January 14, 2000, one hundred percent (100%) of the owners of certain
property situate adjacent to the boundaries of the City of Aspen did file with the City Clerk of
the City of Aspen a Petition for Annexation of territory to the City of Aspen, whereby real
property described in said Petition for Annexation, is being petitioned for annexation to the City
of Aspen; and
WHEREAS, on January 24, 2000, the City Council did adopt Resolution No. 7, Series of
2000, finding substantial compliance with Section 31-12-107(1), G.R.S.; establishing March 13,
2000, as the date for a public hearing to determine compliance with Sections 31-12-104 and 31-
12-105, C.R.S.; and authorizing publication of said hearing; and
WHEREAS, the City Council, by resolution (Number 30, Series of 2000) at its regular
meeting on March 13, 2000, did find and determine, following a public hearing, said Petition for
Annexation to be in substantial compliance with §§ 31-12-104 and 31-12-105, C.R.S.; and
WHEREAS, the City Council does hereby fund and determine that approval of the
annexation of said territory to be in the City's best interest; and
WHEREAS, Pitkin County granted the owners of the Aspen Highlands Village PUD land
use approvals that have been memorialized in a Subdivision Improvements Agreement and
Planned Unit Development pursuant to the County's Planned Unit Development (PUD)
regulations; and
111111111111111111111111111111111111111111111111 IN
442835 05/01/20M 09:12A ORDINANC DAVIS SILVI
1 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO
0 •
WHEREAS, the Pitkin County PUD regulations differ slightly from the City's PUD land
use regulations and experience has indicated that on occasion, following an annexation of
property into the City that has received land use approvals in the County, it becomes necessary
to make minor amendments to the Final Plat and PUD; and
WHEREAS, the City Council desires to allow the City's Community Development
Director to approve said minor amendments to the PUD and Final Plat consistent with the
County PUD land use regulations that do not clearly contradict City PUD regulations without the
necessity to amend the City land use regulations or require the applicant to follow needlessly
cumbersome City land use regulations for minor amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1. That the tract of land described in the Petition for Annexation,
commonly referred to as the "aspen Highlands Village PUD", and as shown on the annexation
maps, is hereby annexed to the City of Aspen, Colorado.
Section 2. The City Clerk of the City of Aspen is hereby directed as follows:
(a) To file one copy of the annexation maps with the original of this annexation
ordinance in the office of the City Clerk of the City of Aspen.
(b) To certify and file two copies of this annexation ordinance and of the annexation
maps with the.Clerk and Recorder of the County of Pitkin, State of Colorado.
1111111IIIII IIIIII!l11111111IIIII IIIIII III fllll IIIIIN
44IBM 05/01/2000 09:12A ORDINANC DAVIS SILVI
2 of S R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO
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(c) To request the Clerk and Recorder of Pitkin County to file one certified copy of
this annexation ordinance and of the annexation maps with the Division of Local Government of
the Department of Local Affairs, State of Colorado.
Section 3. The City Engineer of the City of Aspen is hereby directed to
amend the Official Map of the City of Aspen to reflect the boundary changes adopted pursuant to
this annexation ordinance.
Section 4. The Community Development Director is hereby authorized to
approve minor PUD amendments to the Aspen Highlands Village PUD which are intended to
change an element or condition of the development permit; provided, however, that the proposed
amendments are consistent with the following standards:
a. The amendment must be a clarification or a technical correction to a plat.
b. The amendment must not change the use of the proposed development
between residential, commercial and tourist accommodation uses.
C. The amendment must be consistent with action taken during the review of
the original development and does not constitute new land development
activity.
d. The proposed activity does not:
i. Change the basic character of the approved use of land on which the
activity occurs including basic visual appearance and method of operation;
ii. Increase off -site impacts in the surrounding neighborhood;
iii. Endanger public health, safety or welfare;
iv. Substantially increase the need for on -site parking or utilities, or affect
affordable housing generation; and
V. increase the floor area of the use by more than two (2) percent or decrease
open space on the site by more than three (3) percent.
Section 5. The Community Development Director is hereby authorized to
approve minor plat amendments to the. Aspen Highlands Village PUD; provided, however, that
the proposed amendments are consistent with the following standards:
a. The amendment increases or does not affect the degree of compliance with
land use code standards;
3
0
0
b. The amendment is being made to a recorded plat which has been approved
by the City; and
C. The amendment is consistent with representations made to Pitkin County
during the conceptual and detailed subdivision reviews whichever is
applicable.
Section b. That if any section, subsection, sentence, clause, phrase or portion
of this ordinance 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.
Section 7. That this ordinance shall not have any effect on existing litigation,
and shall not operate as an abatement of any action or proceeding now pending under or by
virtue of the ordinances amended as herein provided, and the same shall be construed and
concluded under such prior ordinances.
A public hearing on the ordinance shall be held on the /0 day of , 2000,
in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the —�— day of , 2000.
chel E. Richards, or
1111111111111111111111111111111111111111111111111111111
44253!5 O5/01/2000 09:12A ORDINANC DAVIS SILVI
4 of 5 R 25-00 D 0.00 N 0.00 PITKIN COUNTY CO
a
11
•
ATTEST:
FINALLY adopted, passed and approved this day of
2000.
Rac el E. Richards, Mayor
ATTEST:
*an. h,AityClertk<
JPW-03/21/2000-G:\john\word\ords\highlands.doc
r �r���i 11l11f 1i«1 11111 1f1lj 11rll1I111l1111«III�I
�2�� O"I/2OeO �::zA S of 6 R 23,00 D 00"MNC DAMS SILVI
0.@0 N 0.00 PITKIN COUNTY CO
Memo
To: Mayor and City Council
Thru: Steve Barwick, City Manager
f �f
prom: Tabatha Miller, Finance Director
pate: March 23, 2000
Re: Highlands Development Annexation
SUMMARY: The attached sheet outlines the estimated, financial implications of annexing
the Aspen Highlands Village Planned Unit Development into the City of Aspen, The
proposed growth is based on annexing both residential and commercial property.
DISCUSSION: The largest source of revenue from an annexation of the Aspen Highlands
Village would be Real Estate Transfer Tax (RETT) on the sale and transfer of the residential
units. The RETT is a special revenue source legally designated for affordable housing and
the maintenance and operations of the Wheeler Opera House. The summary numbers
attached include the remaining initial sales of affordable housing units, free market
townhouses, free market single family home lots, and the fractional ownership
condominiums. In addition, an estimated annual amount based on previous annual real
estate sales is included in the ongoing annual revenue column. Although the revenues from
the RETT exceed $2 million in the initial build out and more than $875,000 annually after
build out, little or none of this revenue can be used to offset the cost of the services that must
be provided to the newly annexed area.
Most of the services that must be provided to the annexation area are funded from General
Funds. The total annual General Fund Revenue is $537,701 with expenditures of $500,702
for annual net revenue of $36,999. It must be noted that $255,497 of the general fund
revenue is dedicated to the Asset Management Plan (AMP) and will be used for additional
capital needs. This leaves a General Fund operating deficit of $181,499. If we operate the
0 Page 1
General Fund at the current level with`tlie new annexation expenditures, there will be little or
no growth in cash balances over the next five years, based on our current projections.
An important point is that over the past several years the General Fund operating funds have
supplemented the AMP budget up to $1.3 million in a single year, The additional $255,497,
coGected in AMP property tax from the annexation may either offset the annual General Fund
contribution to AMP or may be used to "pay back" a portion of the past supplemental funding.
This may help offset the operating deficit in the General Fund for annexation cost.
At this time and in this analysis, we have not addressed the additional cost of annexing the
Maroon Creek Road or the area where the school district resides. However, both areas will
only increase General Fund Expenditures and add little or, no revenue to the City, which
would continue to limit the financial flexibility of the General Fund. Early preliminary estimates
on upgrading the Maroon Creek Road to city standards show more than $1 million needed.
Overall, the City would benefit from the annexation of the Aspen Highlands Village especially
the special revenue funds. Although the financial strain on the General Fund must be taken
into account when weighing the decision.
RECOMMENDATION: If City Council proceeds forward with the annexation process, staff
recommends that department's budgets be increased by the 'estimated annual at annexation'
amount prorated for the portion of the year remaining. Staff and City Management would
continue to review the 'Estimated annual at Build out' and adjust, as the impacts from the
annexation become better known. The allocation of the expenditure budget could be
modified to better serve City needs in future years and match actual impacts to departments.
0 Page 2
__*L
REVENUE:
General Fund:
Property Tax
AMP Portion
Operating Portion
Franchise.Tax
Business Occupation Tax
Specitic Ownership
Cigarette Tax
Liquor Occupation
County Sales Tex
Building Fees
Highway Users Tax
Road & Bridge Tax
Recreation Fees
Alarm Fees & Permit
General Fund Total
Wh"of Opera House:
WRETT
Afford House/Daycare Fund:
HRETT
.45% City Sales Tax
Afford House/Daycare Total
Parks and Open SPacr
1 .0% City Sales Tex
Parki Garage Fund
City of Aspen
Highland Annexation
Financial Summary
Estimated Estimated
Annual Annual At
At Annexation Build Out
t S3,744 a
255,497
16,184
70,939
7,704
30,918
313
1,250
2,466
9,863
1,063
4,263
1,844
6,660
24,963
99,811
3,565
14,261
2,732
10,929
593
2,819
6,119
24,477
56
226
121,133 ' s
537,701
305,941
681,972
13,067 52.226
a 13.057 a 834,199
29,015 116.059
Estimated
one Time During
Build Out
i
f
745,125
1,327,900
1 1,327,900
.25% City Sales Tax 7,254
29,016
TOTAL REVENUES a 17�s a 1,622,915 f 2,073,025
EXPENDITURES:
General Fund:
Asset Management
City Council
City Managers
Human Resources
City Clerks
City Attorneys
Risk Management
Finance
Planning
Engineering
Building
Environmental Heath
Po Ike
Dispatch
Streets
Recreation
Ice Garden
Information Systems
Total General Fund
e 7,130 a
14,261
12) 4
7,571
15,142
(2)
15,039
30,078
(2)
12.681
25,362
121
12,373
24,747
(2)
2,610
5,221
(2)
'
21,002
42,004
(2)
7,490
14,980
(3)
211.060
21,225
21,225
(2)
5,000
3,364
6.729
t71
2t,060
5,649
11,898
121
168,742
168,742
11)
11,970
23,940
41)
4.602
9,203
29,140
58,280
(2)
14,446
28,891
(2)
1 345,.335 a
500,702
a
47,120
Parks and Open Space:
Food Tax Refunds 5,7B2
Tree Mitigation and Misc Review Work 2,500 5,000
Total Parks and Open Space Fund a 2,500 a 10,782 a
TOTAL EXPENDITURES 4 347.836 a 511,484 s 47.120
11) Budget Increased based on increase in Peak Population
(2) Budget Increased based on increase in Permanent Popuiation
(3) Budget Increase based on increase in Building Units
Budget Increase based on increase Streets and sign maintenance
• • Budget Increase will apply as a charge to departments who add staff.
City of Aspen
Annexation Impact Report
Aspen
htkin County
fe;
U i
f �
Highlands Annexation �I
Location Map f
• caw n r.. su
Prepared By:.
Aspen/Pitkin'Community Development Department
Submitted to the Pitkin
.County Board of County Commissioners
February 2000
Table of Contents
OVERVIEW 3
GENERAL INFORMATION 4
MUNICIPAL SERVICES TO BE ROVIDED TO ANNEXATION
AREA 6
FINANCIAL ANALYSIS 7
CITY DEPARTMENT IMPACTS" 10
OTHER AGENCY IMPACTS 18
EFFECT OF ANNEXATION UPON THE LOCAL PUBLIC
SCHOOL DISTRICT SYSTEM (RE1) 20
EXISTING ZONING DISTRICTS 21
MAPS 22
Maps
CITY OF ASPEN PRESENT BOUNDARY.
CITY OF ASPEN PROPOSED BOUNDARY
. PRESENT ZONE DISTRICTS
CITY OF ASPEN WATER SERVICE AREA
ASPEN CONSOLIDATED SANITATION DISTRICT
EXISTING LAND USE PATTERNS
PROPOSED LAND USE PATTERNS
2
0v6 J1EW
On October 15, 1998 Pitkin County gave final approval of the Aspen Highlands
Village PUD.
The City of Aspen is considering annexation of approximately 80 acres known as
the Aspen Highlands Village Subdivision. The property is located on Maroon Creek
Road, which also serves as its primary access.
New roads, utilities, open space, and recreational features are a part of the
approved Aspen Highlands Village PUD. The developer Is responsible -for the
installation of the infrastructure as port of the County approval process.
The approved PUD for the site includes:
O 63 Free market -housing units
O 112 Affordable Housing Units including sale and rental units
O 10 Caretaker'or Accessory Dwelling Units
O 73 Tourist Accommodation Units
In addition to the residential units the site will include 54,725 square feet of
commercial space, which will host the following uses:
0 Restaurants
O Retail
O Accessory Skier Services
O Condominium & Meeting Rooms
O Ski Area Storage
3
Amk
GENERAL INFORMATiON
Employee Generation'
New
3iMploy,ee
T
ype, ection
Restaurant . 14,125 60.0
Retail 21,600 . 91.8
Accessory 12,000. 51,0
Skier Services
f —0 fA—L
Remaining construction ' is valued at
approximately $111,500,000. A recent
Pitkin County report entitled "Construction
Workforce Dynamics" concludes that
approximately 1.8. FTE's are generated per
$100,000 in construction valuation. If this
analysis is deemed accurate then the
Highlands project will yield approximately
502 employee's per phase (over four phases)
with total FTE employees generated
numbering approximately 2007.
Projected Permanent Residents
-Unit Type Unit Number Projected Total Occupancy
Free Market
Free Mkt. Single Family 31 23
Free Mkt. Town Hm. Single 32 24
Family
Affordable Housing
AF Dorm
38
76
AF Sing Family
23
69
AF Town Hm
28
84
AF Rental
5
15
AF Rental
2
4
AF Multi Family
a
16
AF Multi Family
8
16
AF Caretaker
10
20
13
' Employee Generation Numbers Based on Aspen City Land Use Code Section 26.470-100 NOTE: Commercial
Square Footage OMITS 7,000 sq. ft. of space dedicated to meeting rooms and ski area storage-
4
�,.._.
Area Information
..
Acres
_Currant'
71. Build Out
Total
Square Miles
1811
2.83
83.39'
83.39
,
.:-�,894;39y';. :
Acres of Parks
0.34
0.34`,-
�. .
Maintained
72 .2
0
0.
-•:j 2
Acres of Open
''
Space
435
0
0
J1
Peak Population
Toulrist/Peak Unit
Projected
Populations, Number Occupancy
Free Mkt,
Condos 73
219
Day Visitors
592
Free Mkt.
Single 93
70
Family.
Free Mkt.
Single 96
72
Family.
TOTAL' � - -"` . •-
13Qt12 ... -
= Number invude5 permanent population
Based on 1.05 vehicles per individual
New Registered Vehicles
Unit Type ". Unlit? w
Number
. , Projected
Total
Projected
New
9pcupatncy
Vehicles'
Free Market
' "
Free W. Single
Family 31
,-
23
24.15
Free Mkt. Town
Hm Single 32
24
25.2
Family
Affordable
Housing
AF Dorm
38
76
79.8
AF Sing Family
23
69
72.45
AF Town Hm
28
. 84
88.2
AF Rental
5
15
15,75
AF Rental
2
4
4.2
AF Multi Family
8
16
16.8
AF Multi Family
8
'16
16.8
AF Caretaker
10
20
21
TOTAL
_
5
MUNICIPAL SERVICES TO BE
PROVIDED TO ANNEXATION AREA
The City of Aspen is considering the annexation of 80+ acres known as the Aspen
Highlands Village Subdivision. The property is located on Maroon Creek Road
south of the Moore PUD and southwest of Aspen High School.
if the City of Aspen decides to annex the -Aspen Highlands Subdivision then the
area could expect that the City would provide to the annexation area all municipal
services normally performed by the -City or provided to other parts of the City.
These services might include: police/law enforcement services, water utilities, trail
maintenance, municipal administrative services such as planning and zoning, and
parks/recreation facility access.
Specifically, the Annexation Area is scheduled to be served by City of Aspen
municipal water, Aspen Consolidated Sanitation District sanitary sewer, electricity
by Holy Cross Electric Association, natural gas by Rocky Mountain Natural Gas,
telephone service by U.S. West Communications and TO cable. The annexation
area is located within the Aspen Fire Protection District, and fire suppression is by
the Aspen Volunteer Fire Department. The RE 1 Aspen School District will serve the
school aged children within the annexed area.
All roads within the potential Annexation Area, with the exception of Maroon
Creek Road, are or will be, privately built and maintained.
Although not all of the impacts noted below reflect direct fiscal costs to the City of
Aspen, they are provided in this report to deliver a general overview of impacts for
Councilors and Commissioners to consider. A financial analysis is followed by brief
department -by -department service analyses.
FINANCIAL ANALYSIS
The following page outlines the estimated financial implications of annexing the
Aspen Highlands Village Planned Unit Development into the City of Aspen. The
proposed growth is based on annexing both residential and commercial property.
The largest source of revenue from an annexation of the Aspen Highlands Village
would be Real Estate Transfer Tax (RETT) on the sale and transfer of the residential
units. The summary numbers ottached include remaining Initial sales of affordable
housing units, free market townhomes, free market single family home lots,
fractional ownership condominiums, and an annual amount based on previous
annual real-estate sales. Although the revenues from the RM exceed $2 million in
the Initial build out and more than $875,000 annually after build out, little or none
of this revenue can be used to offset the cost of the services that must be provided
to the newly annexed area because RETT is specifically earmarked for housing and
daycare programs.
Most of the services that must be provided to the annexation area, are funded from
General Funds. The total annual General Fund Revenue from this annexation is
expected to be .$513,224 with expenditures of $514,733 for an annual n,�t
exl2Pnse of 1 5 9. It must be noted that $255,497 of the general fund revenues
are dedicated to the Asset Management Plan and will be used for additional
capital needs. This leaves a General Fund operating deficit of $259,236. If we
operate the General Fund at the current level with the new annexation
expenditures, there will be little or no growth in cash balances over the next five
years, based on our current projections.
At this time and in this analysis, we have not addressed the potential odditional.cost
of annexing the Maroon Creek Road or the area where the school district resides.
While these are not part of the proposed annexation, the issue is pertinent because
of the potential future linkage of these areas. Both areas will only increase
General Fund Expenditures and add little or no revenue to the City, which would
continue to limit the financial flexibility of the General Fund.
7
•
REVENUE:
General Fund'
Property Tax
AMP Portion
Operating Portion
Franchise Tax
Business Occupation Tax
Specific Ownership
Cigarette Tax
Liquor Occupation
County Sales Tax
Building Fees
Highway Users Tax
Road 3 Bridge Tax
Alarm Fees 3 Permlt
General Fund Total
Wheeler Opera House:
WRETT
Afford House/Daycare Fund:
HRETT
.45% Cn)I Sales Tax
AtforC House/Daycare Total
Parks and Open Space:
1.0% City Sales Tax
Parking Garage Fund
.251,6 City Saks Tax
TOTAL REVENUES
EXPENDITVRES:
General Fund'
Asset Management
City Council
City Managers
Human Resources
City Clerks
City Attorneys
Risk Management
Finance
Planning
Engineering
Building
Environmental Health
Police
Dispatch
Streets
Recreation
Ice Garden
Information Systems
Total General Fund
Higlands Annexation Financial Summary
Esumm atcd E stimated Estimated
Annual Annual At One Time During
At Annexation Build Out Build Out
S 53,744
$ 255,497
16,184
76.939
_
30,8t8 -
313
1,250
2,466
9,863
1,063 _.
4,253
1.640
6.560
24.953
_
99,811
3,565
14,261 .
2,7�Z-
10,929 -
_
593
2,819
56
225
S 107.310
S 513,224 S
•
305,941 745,125
581,972 1,327,y00
13.057
52,226
S 13.057
S 634,199 $ 1.327.9C0
29,015
116,059
7,254
29,015
3 156,625
S 1,598.437 S 2,073.025
S 7,130
14,261
(2) -
7,571
15,142
(2)
15,039
30,078
(2)
12.681
25,362
(2) -
12,373
24,747
(2)
2,610
5.221
(2) .
21Z2
42.004
(2) -
7,490
14,940
(3) 21,060
10,613
21,725
(2) -
3,364
8,729
(3) 21,060
12.964
25.928
(2) -
168,742
168.742
(1) -
11,970
23,940
(1)
4,602
9.203
-
29.140
58.280
(2) -
14,446
28,991
(2) -
: 341,737
S 514,733
S 42,120
51
Parks and Open Space:
Food Tax Refunds
Trot Mitigatfon and Misc Review Work 5,782
Total Parks and Open Span Fund 2.500 5.000
S 2' S00 S t 0, 782
TOTAL EXPENDJTURE-S
S 344,237 S 525,31I
S 42.120
(1) Budget Increased based on inaaase in Peak Population
(2) Budget Incrnased based On increase in Permanent Population
(3) Budget increase based on Increase in Sw7ding Uniq
Budget Increase based on inaewse in Streets and sign maintenance
Budget Increase wal apply as a charge to departments who add stall
E
• 9
CITY DEPARTMENT IMPACTS
General
Many of the fundamental maintenance services that would normally accompany a
residential/commercial subdivision will be provided to the Aspen Highlands through
a special service taxing district. Several of the notable exceptions to this Districts
service are noted by department below.
Police
The Aspen Highlands development annexation would have significant impacts on the
ability for the Aspen Police Department to provide services to that area, especially
if the City is to maintain its current level of service.
There are a number of factors that should be considered in addition to the pure
statistical analysis. The figures provided by either the Finance or Community
Development Departments would support the hire of one or two additional officers.
A case could be made that this would be on insufficient increase in staffing for the
Police Department.
The detached location of this.project, traffic congestion, the concentration of
commercial space, and the nurnker of day skiers combine at critical times of the day
and night to further stress our ability to respond to calls for service in this area and
the rest of the City. For example; a bar altercation at Highlands would require all
available officers to respond to the area, stripping the rest of the City of Police
services and delaying response times to other calls for service. Further
complications would ,arise with the possible annexation of the Maroon Creek Road
and the School complex. Combined, these areas represent potentially significant
increases in the calls for service with no increases in revenues. Pure financial
analysis for annexation of these areas is not expected to generate general fund
revenues.
From a practical viewpoint the City needs to look at the impacts that ail recent
annexation areas are having on City services. Taken as separate issues, these
newly annexed areas represent small increases in revenue to the general fund. This
translates to small, incremental increases in budget for the Police Department, which
have not yet allowed an increase in manpower. Budget increases are necessary to
keep pace with increased calls for service. What is at stake. increased response
times, the reduction in time available to cover traffic issues such as speeding and
10
Adk
pedestrian crossing, and the reduction in time available for officers to proactively
address problems in the City. In short, we risk eroding the high level of .service
satisfaction and the feeling of safety that our citizens and guests currently enjoy.
The City Council should expect a request for an appropriation of funds necessary
for three additional Certified Officers and one Community Safety Officer in order
to maintain current levels of service in light of the current and recent annexation
proposals.
The table on the following
pbased
tative analysis of
Police levels of service and projected nw offipcerss ba ed'on Population inc eases.
es.
11
Police Services
Projected NOW Projected New `Projected New
Projected New
ti
''�Pro acted
1
Poiico Officeni Police Officers Police Olfficers
Police Officers:
Unit Type
y
Unk Total
.
(eased on Nwonal -(Based on Cumra on Katie .
(Based
(Based on Currant
}
Number ,standard- Level. of service- Peik
�GCUpanGj/ Parmanant 'Permanent
Laval of UrAcce.Pak
Poputeson
Rialdence) Residenee)•
Population
Free Merkot
Free Mkt
31 23
0.046 0.115 0.0276
0.023
Single Family
Free Mkt.
Town Home.
32 24
0.048 0:12 0.0288
0.024
Single Family
Affordable
Housing
AF Dorm
38
76
0.152
0.38
0.0912
0.1748
AF Sing
23
69
0.138
0.345
0.0828
0.1587
Family
AF Town
28
84
0.168
0.42
0.1008
0.1932
Home
AF Rental
5
15
0.03
0.075
0.018
0.0345
AF Rental
2
4
C.008
0.02
6.0048
0.0092
AF Multi
8
16
0.032
0.08
0.0192
0.0368
Family
AF Multi
8
16
0.032
0.08
0.0192
0.0368
Family
AF Caretaker
10
20
0.04
0.1
0.024
0,046
TOTAL 165 347_ 0.694 1.735 0.4164 0.7981
Tourist/Peak
Populations '
Free Mkt.
73 219
0.262&
0.219
Condos
Day Visitors
592
0.7104
0.592
Free Mkt,
Single
93 70
0.084
0.07
Family.
Free W.
Single
96 72
0.0864
0,072
Family.
_1.7511 �_ ...
12
Housing Authority
Although some departments are registering potentially negative impacts from
annexation it would actually prove to be a boon for the Housing Authority with the
addition of no less than 122 Affordable Housing Units.
It should also be noted that RETT revenues from the. project would subsidize
bedrooms at the rates indicated in the table below.
_ Ttming of Expected j DoliarlAm'Ci" f NunAb'e'r of
Revenues ' ''Revenues Bedrooms
Annual at Build O+ Subsidized
ut $ 634,199 15.25
At Annexation $ 13,057 0.31
One time during Build -Out $1,327,900 31.92
Engineering
The Engineering Department has determined two 'major categories of impact
First, during the development and implementation phase of annexation
improvements, the department will be required to inspect all site improvements and
conduct Right-of•Way inspections. The estimated level of work performed during
this first three years of development would require a dedicated, full-time
Engineering Technician.
Second, the ongoing impact phase of development will require routine' Right•of-
Way inspections, including inventory of all site features and constructed
improvements. This is due to its density of populations and users. Approximately
40% of the Engineering Technician's time will be required to insure conformity with
safety performance standards for the constructed improvements.
Wafer
The Annexation Area has already established service through a water service
agreement with the City of Aspen Water Department. While previously under the
Jurisdiction of the Highlands Water and Sanitation District, the'City of Aspen now
oversees all infrastructure maintenance, service, and operation of the water system.
The system will comply with code.
13
Streets
The following are some concerns regarding the potential annexation of Maroon
Creek Rd. In general, staff wishes to caution Council about the need to bring
Maroon Creek Road up to City standards before it is annexed.
There is a section of Maroon Creek Road from Glen Gary Drive to Glen Dee Drive
which is narrow and has a steep drop-off to the river. There is a section of
guardrail along the edge of the drop-off. -The Aspen Sanitation District, as part of
their sewer line upgrade, -will go through -this area this spring to install a new line,
which will be 20 feet deep at this location. Although the District will have to rebuild
the road where they've been, there is concern that it will not be brought up to
acceptable standards for the City to take over. The bank is so steep, it is unclear
that it will continue to hold up the road. Aspen Sanitation is doing some deep soil
boring there in (.ate February, at which time we will have better information. The
installation of that sewer line will close Maroon Creek Road for some time. Traffic
(at least emergency) will need to be routed through the residential area.
Another significant concern is the start-up cost to begin plowing Maroon Creek
Road. Our snowplow routes are currently 9 — 10 hours long; i.e. we are already in
overtime mode as standard operation. Any increase in our plowing would require
the purchase of a new plow and a man to operate it. That would be about
$42K%year for the man and $220K one time for the plow (plows are on a 7-year
replacement schedule).
Community Development
The Community Development Department will likely be impacted by increased
permit review and zoning complaints. The Department also would anticipate an
ongoing increase in caseload if the annexation were to take place.
-
- 7
Current y
Percent
„F New:.
Number of Units Z_f:
Increase s
�TYpe
Units
(atbWW-0A
'
Residential
5437 185
3.40%
Tourist
7500 73
0.97%
Commercial
2691�1ee
0.30%/
TOTAL • .- ,_
II►�8
4662P.- y;�:i62, -fps '-Y�i�OQ/0 i-fr,3
14
Environmental Health
The annexation of Aspen Highlands Village, consisting of new residential units and
businesses, will have a direct impact on the Environmental Health Department.. In
the Aspen City limits, it is required that any business, home or building that
generates trash and garbage must keep the trash and garbage inaccessible to
wildlife. The annexation of Aspen Highlands Village will require staff time in
education, enforcement and supervision of the ordinance. Restaurant inspections will
also be required for any new food service facility. Given these conditions, the
Environmental Health Department feels the anticipated budget allocation is
appropriate for the projected impact on staff time and resources.
Building Department
Building Deportment is not anticipating any significant impact from annexation
becauseincreased work will be offset by increased charges. The department
would be responsible for inspections whether the property is in the City or County
Parks
The chart reflects park and trail needs based on level of service standards
established in 1987 with the park impact fee methodology. The intent of this table
is not to analyze open space and trail dedications made by the Highlands
developers, but to demonstrate bare minimum standcrrds.
A trail will be in place within the easement of Maroon Creek Road. This trail would
only come under:City purview. if Maroon.Creek Road were annexed.
15
- ,
Parks
Unit J t?roJected
Total
' Projected New Park Projected
New Trail
.:Unl! Type •' -
Number .:; '
Occupancy
1 Needed
-Acreage Needed �.` .
,
,
F�et�
Free Market
Free Mkt, Single
31
23
0.46
310.5
Family
Free Mkt. Town
Home. Single
32
24
0.48
324
Family
Affordable
Housing
AF Dorm
38
76
1.52
1026
AF Sing Family
23
69.
1.38
931.5
AF Town Home
28
84
1.68
1134
AF Rental
5
15
0.3
202.5
AF Rental
2
4
0.08
54
AF Multi Family
8
16
0.32
216
AF Multi Family
8
16
0.32
216
AF Caretaker
10
20
0.4
270
TOTAL .�.. ...�3 185:�....:'....�347 .. _...... _..,..... s _�_�-4684.5
The proposed annexation will quite significantly expand administrative review
requirements of the Parks Department Staff. As noted in the submitted PUD
agreement, Tree Removal Permit Applications, Planning Review, and Building Permit
Review will be a consistent impact on staff. Currently, Parks Department Staff is
operating at a deficit staffing level to meet current administrative review needs. I t
is possible a new staff position will be required to meet the administrative
requirements of the project.
The PUD agreement has significant language based on landscaping and restoration
of the site. Again, administration of associated bond and landscape requirements
will take significant staff time.
The current PUD and final plat show very limited .public trail access. Specifically, it
only shows the Powder Bowl Trail and a Bike lane along Maroon Creek Road. If
possible the development should include more public trail access. The trail system
should be coordinated with other projects currently under construction or planned
for construction in trails Master Pion or the area. Specifically, the trails should be
coordinated with the Moore/5 Trees project, the Community Campus/Iselin project,
the Water Plant Area, and the Thomas/Marolt Area. There is an opportunity to
provide a wide variety of recreational and commuter type trails in this area. The
16
City shovid pursue these new -trait, oppocfunties in any project under consideration
for annexation. The City will be incurring a new level of financial responsibility if
the project is annexed including,trall development, staff research and review and
trail maintenance.
17
OTHER AGENCY IMPACTS.
While the City may not directly finance these departments' services, they are
added to demonstrate some additional impacts of this subdivisions development to
the residents of the up -valley community. These impacts will exist regardless if the
City decides to annex or not.
Aspen Volunteer Fire Department
The property currently resides within the Aspen Fire District. The area will be
attached to city water and all.facilities will be equipped with sprinkler systems.
ISO rating is pending but is estimated by Fire Department at ISO 6.
- Current
Number of
+Type Units
(in Fire
District)
Residential 5760
Commercial 859
,... -'Projected
Percent.,
:.New Fire
New Units
Increase. :
Fighters
From .
(at build -
(Based on
Annexation
out)
Current
r ..
Level of
..
_ Service)
181
3.14%
1.086
81
9.43%
0.486
TOTAL ;�' ' =' 6619 :24 Y _ 12.57°�'_•'- 1.572
Note that the total commercial units includes 73 lodging units
Holy Cross Electric
Due to the complicated array of existing line systems and other improvements
taking place to core electric system infrastructure, determining specific impacts is
difficult.
However, it is roughly estimated that the Highlands Development (at build -out) will
draw an additional 8-12 megawatts. Currently, the Aspen Substation is capable of
handling approximately 75 megawatts current peak draw is approximately 60-65
megawatts ---leaving little room for contingencies.
While the development of Aspen Highlands may not be directly responsible for the
addition or upgrade of an Upvally electrical substation we can assume that its
build -out will accelerate system upgrades.
ip
The approximate, projected Hi9fildnd3Wlc'4 bullaout electrical draws are -given
below.
.51,125
"Comm
4
Id. P
-W Nil
• Library..
The Pit'kin County Library is not rnalntainccl� nor funded.by the City of Aspen. The
library is contemplating cl 10,000 square foot expansion.
-NOW Neided
Unit T u6it
bet, NUm
New'S"
Pa 6 fteded to
Total Ubra'ry'-Vdlumei�-,Aicommodatei'VFtj.olu M"
upa cy "!-"!.Perita %laq -
P
Free Market
Free Mkt- Single 31
Family
23 130.87. 526.10
Free Mkt. Town 32
24 136.56 548.97
Home. Single Family
Affordable Housing
AF Dorm 38
76 432.44 1738.41
AF Sing Family 23
619 39161 1578.29
AF Town Home 28
84 477.96 1921.40
AF Rental 5
15 85.35 343.11
AF Rental 2
4 22.76 91-50
AF Multi Family 8
16 91.04 365.98
-AF Multi Family a
16 91.04 365.98
AF Caretaker 10 20 113.80 457.48
97
A4. J4% 3
—
U�
•
EFFECT OF ANNEXATION UPON THE LOCAL PUBLIC -SCHOOL
DISTRICT SYSTEM (RE1)
Children of school age residing within the Annexation Area would attend schools
provided by the Aspen School District RE I. In 1995 both the City and the County
adopted conformed ordinances with respect to school land dedication standards.
Consequently annexation will not have on effect on the number of students
generated or the capital required to service such students. Required capital will be
captured through fees at the time of building permit issuance. Nonetheless, the
table below illustrates a dimension 'of the -impact.
Projections in the table represent student generation numbers as determined by the
RE 1 School District and City of Aspen Municipal Code.
School & Students
_ Projected New
Projected
Students Land Land
New Staff
Unit Type- Unit Number (Based on 1995 Dedication Dedication
Required
A:Pen School Dtstriet. (Sq. Ft) ; , (Acres) ' :
for
suNey) -
Students
Free Market
Free Mkt. Single 31 27.9 21875.832 0.5022 2.79
Family
Free Mkt. Town
Home. Single 32 28.8 22581.504 0.5184 2.88
Family
Affordable
Housing
AF Dorm
38
34.2
26815.536
0.6156
3.42
AF Sing Family
23
20.7
16230.456
0.3726
2.07
AF Town Home
28
25.2
19758.816
0.4536
2.52
AF Rental
5
4.5
3528.36
0.081
0.45
AF Rental
2
1.8
1411.344
0.0324
0.18
AF Multi Family
8
7.2
5645.376
0.1296
0.72
AF Multi Family
8
7.2
5645.376
0.1296
0.72
AF Caretaker
10
9
7056.72
0.162
0.9
`r.•'985 166.5:;:: 134,549.32s�.,2.88_7e,"-=r 16.65
20
DCI.STI N G ZOM" IN � DISTRICTS
The existing zoning within the Annexation Area is AF-Ski, R-30, AH, AHO, AR-1, and
R-t S with a PUD overlay. Within 90 days of Annexation, the City must establish
the zone districts for the land. The City anticipates adopting the approved PUD
land use parameters overlay established by the County with underlying zoned
districts. Variations to the zoning may occur through the process of formally
assigning zoning to the subject annexation lands.
Block
Existing Zoning'
Approximate Acreages
Block A
R-30
22.450
Block B
AH/AHO
2.736
Block C
I.AR-1
25.516
Block D
I AR-1
25.516
Block E
R-15/AHO
.315
Block F
AH/AHO
.745
Block G I
R-15 AHO/ R-15
11.87815.469
. ...,. �'3 �.. ,"`'��=:.t M*�
� ;` -- •=�- � - z � ,�,
70.'109 jai ,,. - ;
Chart does not include a .975 acre "out parcel" sitting within block A or a 2.085 AF-Ski
parcel within block D. The Chart does not include Parcel `A' 43.204 acres or Parcel' 1' .512
acres.
Pitkin County
a Zoning is not exactly congruent with developers block designations
° NOTE: Block C. and D are not cumulative
21
is
Davis Horn -
PLANNING & REAL ESTATE CONSULTING
February 28, 2008
Jessica Garrow
City of Aspen community Development Department
130 S. Galena Street
Aspen, CO. 81611
RE: Clarification of Allowed Uses at Aspen Highlands Village
Dear Jessica:
RECEIVED
MAR 0 3 2008
CITY OF ASPEN
COMMUNITY DEVELOPMENT
Davis Horn Incorporated represents Eastwood Development (applicant), the new owners of
commercial space at Aspen Highlands Village (AHV). Please consider this letter a follow up to
the meeting you and I had with Jordan Sarick, of Eastwood Development and Jennifer Phelan on
the allowed uses at AHV. As suggested at the meeting, we are seeking clarification of the
allowed uses in AHV through a Planning Director interpretation pursuant to Section
26.306.010.C.1 of the Land Use Code. This procedure calls for a submission of a request for an
interpretation, a determination of completion of the request within fifteen days of receiving the
request and a rendering of an interpretation by the Community Development Director, in writing
sent by certified mail, within fifteen days after the request has been determined complete.
The applicant is seeking clarification of the permitted, allowed uses at AHV. For your
convenience, the following applicable documents necessary for this review are attached and a
discussion of the pertinent information follows.
1) Ordinance 8 of 2000, Recorded Annexation Ordinance for AHV/PUD;
2) Map L-200: Site Plan from the Aspen Highland Village Planned Unit Development
Guide (AHV PUD Guide);
3) Map A-005: Village Core Site Plan from AHV PUD Guide;
4) Table 1 from AHV PUD Guide; and
5) Commercial Spaces — defined under Definitions in the AHV PUD Guide.
The approved and recorded Annexation Ordinance for AHV (Ordinance 08-2000), Section 2 on
page 4 states:
"It is acknowledged through this ordinance which assigns initial City of Aspen zoning to the
Aspen Highlands Village PUD that those uses specifically approved through the Planned Unit
Development and Special Review Process under the jurisdiction of Pitkin County and now
considered a Conditional Use by the City of Aspen are incorporated as approved uses and do
not necessitate a Conditional Use review until such time as new, expanded, or modified
Conditional Uses are proposed."
ALICE DAVIS AICP S GLENN HORN AICP
215 SOUTH MONARCH ST. -SUITE 104 - ASPEN, COLORADO 8161 1 -970/925-6587 - FAX: 970/925-5180
adavis@rof.net ghorn@robet
Ordinance 8-2000, Section 2 also states that the AHV PUD Guide along with the AHV Detailed
Submission Consolidated Plan (Reception No. 423269) and the amendments found in Resolution
No. 99-127 (Fractional Ownership) shall serve as documentation of the approved uses by
right and by special review which are the subject of this section.
Table 1 in the AHV PUD Guide, Table 1 titled Aspen Highland Village PUD Guide: Land Use
Data lists the following maximum allowed square footage for each commercial land use
category.
COMMERCIAL LAND USES
USE
Restaurant
Retail
Accessory Skier Services
Condominium & Meeting Rooms
Ski Area Storage
Subtotal
NON-EXEMPT SQUARE FEET*****
14,125
21,600
12,000
4,800
2,200
54,725
* * * * * All figures are in Net Leasable Area (NLA) as defined in the definition section of the
PUD Guide.
Section IV of the AHV PUD Guide, Definitions, includes the following definitions of
Commercial Space and of Net Leasable Area (NLA), both of which help define the allowed
commercial uses in AHV. Please note that the preamble to this Definition section states
"In the event of a conflict between these definitions, the Code or the New Code, the
definitions contained in this section shall control."
"Commercial Space — Commercial space may include, but is not limited to, the following uses
for which the applicant has obtained either a commercial Growth Management Quota System
(GMQS) allotment or exemption.
a. Personal Service Outlets such as food stores, drug stores, post office, sub -stations,
self-service laundries, dry cleaning outlets, barber and beauty shops, and liquor
stores.
b. Professional offices.
c. Restaurants and bars.
d. Sporting goods rentals and sales stores.
e. Meeting rooms."
The commercial space definition goes on to include six specified uses that are permitted in the
AF-1 zone district, but are not deemed commercial uses and do not require GMQS allotments or
exemptions. These include accessory residential and short term accommodations; recreational or
athletic facilities; swimming pools; training/work out facilities; other recreational/activity
facilities; locker rooms; resort service areas; snowmaking facilities; and fire and security
operations.
The definition section of the AHV PUD Guide defines Net Leasable Area as follows:
"Net Leasable Area (NLA) — Those areas within buildings designed to be used and occupied
for commercial or office purposes, exclusive of any area dedicated to bathrooms, stairways,
circulation corridors, mechanical areas and storage and areas used solely by tenants on the site.
Net Leasable Area (NLA) is 80% of Gross Commercial Area and 65% of Gross Restaurant
Areas."
Given the above information, we are seeking verification that the list of commercial uses in a
through e above, (personal service outlets, professional offices, restaurants and bars, sporting
goods rentals and sales stores, and meeting rooms) are "approved uses and do not necessitate a
Conditional Use review a stated in the Annexation Ordinance given in the attachment 1 and
quoted herein.
The question of allowed uses is an issue as AHV was zoned Ski Area Base (SKI) after
annexation into the City of Aspen. Section 26-710.330 of the Code discusses the AKI zone
district and lists conditional review uses which the AHV annexation ordinance states do not
necessitate a conditional use review. Therefore we are seeking clarification on the conflict that
exists between the approval documents and the Code. As discussed previously herein, page 2 of
the AHV PUD Guide states that the AHV/PUD Guide shall control if a conflict exists between
the Code, the New Code and the AHV/PUD Guide Definitions.
We look forward to hearing from you within the deadlines and conditions stated in Section
26.306.031.C. I of the Land Use Code.
Thank you for your time and consideration of this request.
Sincerely,
D VI HORN INCORPORATED
GLENN HORN AICP
0
•
•i" JUE. 18. 2005r10.54AW`CITV OF ASPEN NO. 0215"'P. 1
ATTACHMENT �.
ORDINANCE 140. 8
(Series of MA
AN ORDINANCE OF nW CTfY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING THE ANNEXATION OF CERTAIN TRRMORY TO THB cnY OF ASPEN,
COLORADO, TO BE KNOWN AND DESIGNATED AS THE -ASPEN MGHLANDS
VILLAGE PUD" ANNEXATION.
WHEREAS, on January 14, 2000, one hundred percent (100%) of the owns of cctaiu
propem situate adjacent to the boundaries of the City of Aspen did f k with the City Clerk of
the City of Aspen a Petition for Annexation of territory to the City of Aspen, whereby real
property descn')ed in said Petition for Ammutioa, is being petitioned for annexation to the City
of Aspen; and
WFIERFAS, on January 24, 2000, the City Council did adept Resolution No. 7, Series of
r� 1
2000, fending substadW compliance with Section 31-12-107(1), C.R.S.; establishing March 13,
2000, as the dabs for a public }rearing to den mine compbance with Sections 31-12-104 and 31-
12-105, C.R.S.; and audwrizing publication of said hearing; and
WHEREAS, to City Council, by resolution dumber 30, Series of 2000) at its regular
meeting on March 13, 2000, did find and determine, followin4g a public hearing, said Petition for
Anmation to be in subswzial compliance with §$ 31-12-104 and 31-12-105, C.R.S.; and
WHEREAS, the City Council does hereby find and determine that approval of the
anztexation of said territory to be in the City's best interest; and
WAS, Id3n County granted the owners of the Aspen Highlands Village PtnD land
use approvals that have been memorialised in a Subdivision avernents Agreement and
Planned Unit Deveiopment pursuant to the County's Planned Unit Development (PUD)
regulations; and
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JUL. 18. 2005 10:54AM—CITY OF ASPEN NO.0215�P. 2
WIIBREAS, the Pitkin County PUD mgulations diffex slightly fresh the City's PUD land
use regulations and experience has indicated that on occasion, following an mx=don of
property into the City that has received ?,send use approvals in the County, it becomes necessary
to make minor amendmew to the Final Plat and PUD; and
WMEAS, the City Council desires to allow the City's Comnnwnity Developmard
Director to approve said, mine ametdmab to the PUD and Final Plat consistent with the
County PUD land use regulations that donut. clearly contradict City P D regulations without the
necessity to amend the City land use regulations or require the applicant to follow needlessly
cumbersome Ciry land use regulations for minor amend3m=.
NOW, 'IMEFORE, BE IT ORDAMED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Sec That the tract of Land described in the Petition for Annexation,
comuumly referred to as the aspen Highlands Village PUD", and as shown on. the arm cation
maps, is hereby ahexed to the City of Aspen, Colorado.
. The City Clerk of the City of Aspen is hereby directed as follows:
(a) To file one copy of the annexation Hasps with the original of this antidxodon
ordinance in the office of the City Clerk of the City of Aspen.
(b) To certify and bile two copies of this annexation ordinance and of the annexation
maps with the Clerk and Recorder of the County of Pid in, State of Colorado,
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JUL. 18. 2005 10:54AV —CITY OF ASPEN NO. 0215— P. 3
(c) To request the Clerk and Recorder of PhIdn County to file one certified copy of
this annexation ordinance and of the ammation maps with the Division of Local Government of
the Depactmeut of Local A$airs, State of Colorado.
3. "Ile City Fx9m er of the City of Aspen is hereby due;ed to
amend the Offtial Map of the City of Aspen to reflect the boundary changes adopted pursuant to
this annexation ordinance.
Section 4. The Comrm mly Development Director is hereby authoriW to
approve minor PUD a= dments to the Aspen Iighlands Village PUD which are intended to
claauge an element or condition of the development permit; provided, however, that the proposed
amendments are consistent with the following stasulards;
a. The amendment must be a clarification or a tecbnical correction to a plat.
b. The amendment must- not chaAge the use of the proposed development
between residential, commercial and tourist accommodation uses.
C. The amendment utust be consistent with action taken daring the review of
the original development and does not constitute new land development
activity.
d. The proposed activity does not:
i. Change the basic' character of the approved use of land on wbich the
activity occurs including basic visual appear = and medaod of oration;
H. Increase off -site bq wets in the surrounding neighborhood;
id, Endanger public health, safety or welfare;
iv. SubsmnLiially increase the need for on -site parking or utilities, or affffact
at%rdable housing generation; and
Y. Increase the floor area of the use by more than two (2) percent or decrease
open space on the site by more than three (3) percent.
Section 5. The Community Development Director is hereby antlwrized to
approve mi= plat amendments to the Aspen Highlands Village PUD; provided, however, that
the proposed amendments are consistent wide the following standards:
Fl
The amendment intcreases or does not affect the degree of compliance with
land uea code standards;
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JUL.18,200 10;56AM ' CIiY OF ASP-rH
IV. V t i V �. J,
d ds tq be d e Planned I'n1+ Tkvplaamen er ;
1. Blocks A, B, C, D, E, F, 0 & H
2. Parcels 1, 2, 3, 4
3. Parcel A
4. All street rights -of way contained within the Aspen Highlands Village PUD,
excluding any of the Maroon Creak Road right-of-way.
0�nd Withr<n Road W
All land within the public or private street rights-ofway s1,a11 be zoned consistent
with the City Zone District designation of the adjacent parcel. In the event the right-of-
way is bordered by two diffa va City zone districts, the centerline shall become the
zoning boundary. No zoning shall be applied to any portion of the Maroon Creek Road
right-of-way.
SECTION 2:
It is ack=wledged through this ordinance which assigns initial City of Aspen
zoning to the Aspen I ighlands Village PUD that those uses specifically approved -
through the Planned Unit Development and Special Review Process under the jurisdiction 4N
of Pitkin County and now considered a Conditional Use by the City of Aspen are
incorporated as approved uses and do not necessi#at ` a Conditional Use review until such
time as new, exp anded, or modified Conditional Uses are proposed. The documents
"Aspen Highlands Village: Detailed Submission �o=hdated Plan", September 1997,
recorded at Reception No. 423269, the "Aspen Highlands Village Planned Unit
Development Ouide", June 1998, recorded at Reception No. 423274, and amendments
thereto contained within Board of County Commissioners of Pitkin County Resolution
No. 99-127 (Fractional, Ownership Project) shall serve as documentation of the approved �
uses by right and by spatial review which are the subject of this section. It is further
acknowledged that Pitkin County's Transfer of Development Rights (TDR) Program was
anticipated to be utilized within the subjer't PUD hands as a part of the approval of the
,aspen Highlands Village PUD. By virtue of ties ordinance, the City of Aspen
aclmowledges that the use of the TDR Program may be applied to the subject lands and
administered by the City Attorney in a miser consistent with Pitktin Countys program.
SECTION 3:
It is aolmowledged through this ordinance tat the Aspen Highlands Village PUD
was prepared and approved based upon Fitkin County zoning and the Land Use Code in
effect on June 1, 1993. The density of development and permitted floor area was
—. established in accordance with the methodology documented in the ".Aspen Highlands
Village: Detailed Submission Cowolidated Plan", September 1997; Aspen Highlands
Village PUD Development Cmide" Juns 1998 and the "Aspen Highlands Village general
Submission Consolidation of Documents and Materials Flan", December 1995. The
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'JUL. 18.2005`10:56AM--"CITY OF ASPE Plv. V L I U I . 'ti u
entire Aspen Highlands Village subject pmparty was Wored into calculating the overall
density and floor arcs for the PUD. This resolution now zones Blocks A, IA, 2A, 0, 10,
20, 3G, 4G, 50, H, Parcel 1, Parcel 2, Parcel 3, Parcel 4 and Parcel A as Conservation
(C). These lands were formerly zoned for more intensive land uses by PiWn County (R-
15, R-30, AFR-10 and AR 1) and werc utilized in lot area oalculahom to determiue
ma3dmvm density and floor area as putt of the Pitkin County KM process. In the ftrtrue,
if as Aspen Highlands Village pUD amendment is proposed, the City of Aspen will
recognize that lands now zoned Conservation (C) were fotmerly zoned for more intensive
land uses and the rights associated with such lands were considered by Pitkm County in
establishing the =durum floor area and density limitations.
SECTION 4--
It is acknowledged through thus ordinance Service Agreement accordance
etween the City with the General
of
Provisions Secdon of the City o Aspen Limited
Aspen, Highlands Water and Sanitation District and Hines -Highlands
Partnership et. al., dated August 10, 1998, that certain provisions were agreed upon
having to do with the development and implementation of the Aspen Highlands Village
PUD. Specifically, the Aspen HigW=ds Village PUD will be exempt from the
requirements of the City of Aspen Land Use Code relating to 8040 GrecuHne Review and
Residential Design Standards.
SECTION s:
This Ordin=ce 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 harm provided, and the same shall be conducted and concluded
udder Stitch prior ordinances.
SECTION 6:
If say section, subsection, scnttnee, clause, phrase, or portion of this ordinance is
for any reason held invalid or unconstittrtional in a court of competent jurisdiction, such
portion shall be deemed a separate, thnct a d independent provision and shall. not affect
the validity of the remaining pordons
A public hearing on the ordinance shall be held on the 116 of September, 2000, in
the City Council Chambers, Aspen City Ball, Aspen, Colorado, men days prior to
which a public notice of the same will be published in a newspaper of general circulation
in the City of Aspen-
IN'TRObC;CED, READ A1yD ORDERED PUBLISHED as provided by law by
the City Council of the City of Aspen on the 10 day of August, 20
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FINALLY, adopted, passed and app vved this 116 day of SepWnber, 2000•
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THE CITY OF ASPEN
Land Use Application
Determination Of Completeness
Date: March 5, 2008
Dear Glenn,
On March 3, 2008 we received your request for a land use interpretation and have reviewed it for
completeness. A case number has not been assigned to this request because the application is
incomplete.
® Your Land Use Application is incomplete:
We found that the application needs additional items to be submitted for it to be deemed
complete and for us to begin reviewing it. We need the following additional submission
contents for you application:
l . A check for $50 for the land use fee associated with processing all interpretation
requests.
2.
3.
4.
5.
Please submit the aforementioned missing submission items so that we may begin reviewing
your application. The interpretation cannot be rendered until your application is deemed
complete.
❑ Your Land Use Application is complete:
If there are not missing items listed above, then your application has been deemed complete
to begin the land use review process.
Other submission items may be requested throughout the review process as deemed necessary by
the Community Development Department. Please contact me at 429-2780 if you have any
questions.
You,
vILA-
J ssica G je,
, Planner
it of A Community Development Department
G:\cityVessica\Interpretations\Highlands Permitted Uses
Interpretation\CompletenessLetter AHVusesinterpretation.doc
•
C
THE CITY OF ASPEN
Land Use Application
Determination of Completeness
Date: March 18, 2008
Dear City of Aspen Land Use Review Applicant,
We have received your land use application and reviewed it for completeness. The case number
and name assigned to this property is 00017.2008.ASLU (Highlands Use Interpretation). The
planner assigned to this case is Jessica Garrow.
❑ Your Land Use Application is incomplete:
We found that the application needs additional items to be submitted for it to be deemed
complete and for us to begin reviewing it. We need the following additional submission
contents for you application:
1.
2.
3.
Please submit the aforementioned missing submission items so that we may begin reviewing
your application. No review hearings will be scheduled until all of the submission contents listed
above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the
land use application.
Your Land Use Application is complete:
f there are not missing items listed above, then your application has been deemed complete
to begin the land use review process. An Interpretation will be rendered by April 2, 2008.
Other submission items may be requested throughout the review process as deemed necessary by
the Community Development Department. Please contact me at 429-2759 if you have any
questions.
Th You,
Jennifer Phel&,eputy Director
City of Aspen, Community Development Department
C:\Documents and Settings\jennifep\Desktop\organized\G Drive\Templates\Completeness Letter Land Use.doc
r ATTACHMENT---4
1
TABLE 1
ASPEN HIGHLANDS VILLAGE PUD GUIDE:
LAND USE DATA
r
Residential & Tourist Accommodation Land Uses
Type of Units Number
-------------------------------------------------------------------
Free Market*
Thunderbowl (Block A) 5 Bdr. SF 12
Maroon Neighborhood (Block G) 4 Bdr. SF 19
Townhouse (Blocks C & E) 4 Bdr. 32
Subtotal
63
Affordable Housing
Dorms**
38
Category
4
four Bdr.
Sale units
22
' Category
4
three Bdr.
Sale units
1
Category
3
three Bdr.
attached Sale units
28
Category
1
one Bdr.
Sale knits
8
i Category
1
two Bdr.
Sale units
8
Category
3
one Bdr.
rental units
2
Category
3
two Bdr.
rental units
5
Subtotal
Caretaker Dwelling Units***
112
10
Tourist Accommodation Units**** 73
Commercial Land Uses
Use Non -Exempt Square Feet*****
Restaurant 14,125
Retail 21,600
Accessory Skier Services****** 12,000
Condominium & Meeting Rooms 4,800
Ski Area Storage 2,200
Subtotal 54,725
* Twenty free-market single family dwelling units in the Maroon
and Thunderbowl Neighborhoods (Blocks A & G) will be developed
pursuant to the acquisition of Transferable Development Rights
(TDR's).
** The dorm units will be occupied by Music Associates of Aspen
(MAA) students and employees in the summer with priority given
to Hines, Aspen Highlands Village or Aspen Skiing Company
IR
0
employees at other times or in the summer if the dorms are not
filled by MAA students or employees.
*** Caretaker Dwelling Units are defined in the definition section
of the PUD Guide. The procedure for obtaining a caretaker
dwelling unit is explained in Section VIII of the Guide.
**** Tourist Accommodation Units are defined in the definition
section of the PUD Guide.
***** All figures represent Net Leasable Area (NLA) as defined in
the definition section of the PUD Guide.
****** The USFS may use a portion o P f the Accessory Skier services
space as a visitors center.
Source: Davis Horn Incorporated, April, 1998
AHV.FPT
Is, 0 0
ATTACHMENT �
children, who qualify as (and have been found by the Housing
Authority to be) employees of the community under such
guidelines as established from time to time by said Authority;
be rented for terms not less than six (6) months if rented.
The Caretaker Dwelling Unit may be occupied by members of the
immediate family even though they may not qualify as employees
of the community. "Immediate Family" shall mean a person
related by blood or marriage who is a first cousin (or closer
relative) and his or her children.
e. The Caretaker Dwelling Unit restriction may be removed by the
property owner, subject to the requirement that the dwelling is
removed or modified, and verified by the Planning Director. If
modified, the remaining improvements must no longer be capable
of occupancy as a dwelling unit and must meet otherwise
applicable code requirements.
Commercial Space — Commercial Space may include, but is not limited
to, the following uses for which the applicant has obtained either
a commercial Growth Management Quota System (GMQS) allotment or
exemption.
a. Personal Service Outlets such as food stores, drug stores, post
office sub -stations, self-service laundries, dry cleaning
outlets, barber and beauty shops, and liquor stores.
b. Places for retailing of goods.
c. Professional offices.
d. Restaurants and bars.
e. Sporting goods rental and sales stores.
f. Meeting rooms.
The following uses are permitted in the AR-1 zone district, but are
not deemed commercial land uses and do not require GMQS allotments
or exemptions.
a. Facilities accessory to residential and short-term
accommodations including, but not limited to, lobbies and guest
service areas except for uses a-f listed in the previous
listing of uses.
b. Recreational or athletic facilities including, but not limited
to:
1. Health spas, exercise rooms, steam rooms, saunas, massage
rooms, showers;
11
• 0
planting plans depicted by Drawings L-401 (Village Planting Part
I), L-402 (Village Planting Part II), L-403 Village Planting Part
III), L-404 (Maroon Creek Neighborhood Planting) and L-405
(Thunderbowl Neighborhood Planting). All planting shall comply
with the planting plans and the Master Plant List/Planting Details
listed in Drawing L-400 (Master Plant List/Planting Details).
Maroon Creek Neighborhood - The area designated as Block G on the
AHD PUD Final Plat.
Net Leasable Area — Those areas within buildings designed to be
used and occupied for commercial or office purposes, exclusive of
any area dedicated to bathrooms, stairways, circulation corridors,
mechanical areas and storage and areas used solely by tenants on
the site. Net Leasable Area (NLA) is 80 % (percent) of Gross
Retail/Commercial Area and 65 % (percent) of Gross Restaurant Area.
New Code - The Pitkin County Land Use Code adopted on April 26,
1994 as amended.
Old Code - The Pitkin County Land Use Code in effect on June 1,
1993.
Reconstructed Grade - Reconstructed Grade is depicted by Drawing L-
206, Reconstructed Grade Plan. Reconstructed Grade is utilized to
measure the height of all buildings in Block B (Thunderbowl
affordable housing units), Block C (East Townhouses), Block D
(Village Core), Block E (West Townhouses) and Block F (Maroon Creek
affordable housing units with the exception of G & F).
Thunderbowl Neighborhood - The area defined as Block A on the AHD
PUD Final Plat.
Tourist Accommodation units and Facilities - The tourist
accommodation units are to be used or are intended to be used as
lodging facilities for visitors to the community for compensation,
with or without meals and with common facilities and services.
Common facilities shall include front desk, lobby, lounge, game
rooms and storage. Common facilities and areas shall be
consistently well maintained. Common services shall include
customary on -site management including unit rentals, cleaning,
concierge and local transportation.
An owner shall not occupy his/her unit for their own personal use
for greater than 21 consecutive days during the high season. For
purposes of this definition "high season" shall be defined as from
December 20 through March 18 and June 26 through August 20.
Townhouse Neighborhoods (East and West) - The areas defined as
Blocks C and E on the AHV PUD Final Plat. Prior to the submission
of the Final Plat, Blocks C and E were included in the Village
Core.
Village Core - The area defined as Block D on the AHV PUD Final
Plat. Prior to Final Plat submission, the Village Core encompassed
Blocks C and E (the East and West Townhouse neighborhoods).
12
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ATTACHMENT 2
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LEGEND
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♦SPIV k-CHLA\OS VLLA.'E J 19;
F1%AL FLAT
CONSOUOATED CETNLED 9/24/97
SUBN55GV
7 FOR PiM:N GOJYIY !/i!/9]
CLAR1 `CATiOV
t ii7KiN COUNTY DE'ALED 0/73/96
SL,-,-- SET
,N iSSuE WE
ASPEN HIGHLANDS
AUM4,COWRAM
ROBERT A.M. STERN
ARCHITECTS
"O WNST T66T XTRFiT. NTDD YOM HT 16661
TOLL CQin %7-5166 • VAX (212) 667•35q
SCHUMER GORDON YEYCR
111 �. IIh T.
WLFA`009 fMw/i C9 9T191
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VILLAGE CORE
SITE PLAN
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ATTACHMENT.L_