HomeMy WebLinkAboutcoa.lu.rz.mooreproperty.A06999
"
PARCEL iO:J:n,.; '<-00:J1
CASE N:AME:'~.,(~:~~ Roz:)"ill:]
PROJ A,ODR:tr.k,:YC P(:,;.pCI::
,OW~Clt:, ::fAs;:;c.'
REP:r-
FEES DUE:I
REFERRALSI
Olm:RCVO: F 1,,~ :*COP/!,'S:'- ". CIISE.NOI,;:)';.";'
P.LNR:IS:':::P;~l1.'I': r,"!!3:
CASE TYP1R.ZO.,II; STEPSl
ADRl
'ADR:I
CISIZ:\
C/S/Z:
, FEES RC\ID:j
:~::l '
STAT:r
REF:l
BYl
DUE~I
MTG DATe REV BODY PH NOTICED
F=F=t=F=
CLOSED:I
,PLAT SUBNUTD:.I
DATE OF FIN~L A~TION:
Clrv COUNCIL:
PZ:
BOA:
'DRAC:,
ADMIN: 0;,). ~ 7 ,~a
REMARKSI
BY:I < ~~I it"l':.ll'
~1 lVr'!i 1"'
PLAT (BK,pGI:i
To:
Memorandum _. . /
Aspen City Council W .
Julie Ann Woods, Community Development Director \11l~
Stephanie Millar, Senior Long-Range Planner ~.
Thru:
From:
Date: September 13, 1999
Re: Moore Property Rezoning: First Reading
'iI....
Summary
The effective date of the Moore PUD Property annexation into the City of Aspen was
July 27, 1999 (the actual date of the meeting was June 28, 1999). The City of Aspen
Code requires that the parcel be rezoned within 90 days of annexation. This rezoning
action will change the underlying zoning ofthe parcel, but the overlying PUD as
previously approved will continue to apply.
Back!!round
The Moore Property is approximately 215 acres in size. The property is located between
the Aspen Highlands Ski Area (AHSA) and the High School Complex. The primary
access to the property is Maroon Creek Road. The approved PUD for the site includes:
. 40 single family free-market residential lots
. 31 affordable single family residential units
. Ski Club facilities, and
. Ski lift from the high school area to the top of Powder Bowl
. Open Space, trails and other recreational amenities
Based on the proposed PUD uses and lot sizes, staff has determined that the following
zone designations would be most appropriate with thePUD Overlay:
Blocks
Block A: R-15
Block B: PUB
Block C: R-15
Block D: R-15
Block E: R-30
Block F: R-15
Block G: R-30
Open Space Areas
Open Space Area 1: Conservation
Open Space Area 2: Conservation
Open Space Area 3: Conservation
Open Space Area 4:
Open Space Area. 5:
Open Space Area 6:
Open Space Area 7:
Open Space Area 8:
Open Space Area 9:
Open Space Area 10:
Open Space Area 11:
Open Space Area 12:
Conservation
Conservation
Conservation
Conservation
Conservation
Conservation
Conservation
Conservation
Conservation
Other Parcels
Lot 1, Parcel A:
Lot 2, Parcel B:
Park
Conservation
Planning: and Zoning: Commission Comments:
The Planning and Zoning Commission passed a resolution with a vote of 6 to 0 in support
of the proposed zone districts as listedabove.
Referral Comments:
The information on the proposed rezoning of the Moore PUD was discussed at an
interdepartmental stafflevel Development Review Committee Meeting. The Parks
Department expressed an interest in having language added to the ordinance which made
clear that trails, paths and walkways as identified in the final recorded plat are considered
accessory uses to the permitted uses in the zone district; and that the uses in the
Conservation and Parks zone districts are further limited by the James E. Moore Family
LLLP Declaration of Covenants, Conditions and Restrictions dated August 10, 1998.
These two items were added to the ordinance. No other issues were raised.
Discussion
The zoning designations will not impact the approved PUD but comply with the general
categories of usage for each area. The compliance with the Standards of Review (Section
26.130.040) are outlined in the attached document, Exhibit A.
Recommendation
Staff recommends adopting the zoning designations as described above.
Recommended Motion
"I move to recommend to City Council Resolution number~-99 which establishes the
underlying zoning for the Moore PUD finding that this rezoning complies with the
standards of review set forth in Section 26.310.040 of the Land Use Code."
City Manag:er's Comments
Exhibit A
Standards of Review
Moore J;>UD Rezoning
26.310.040 Standards of Review.
In reviewing an amendment to the text of this Title or an amendment to the
official zone district map, the City Council and the Planning and Zoning Commission
shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions
of this Title.
Staff Finding:
The proposed rezoning is not in conflict. with any portion of this title.
B. Whether the proposed amendment is consistent with all elements of the
Aspen Area Community Plan.
Staff Finding:
The proposed rezoning is consistent with the Aspen Area Community Plan. While the
AACP does not specifically address this property, it does indicate that additional Moore
family owned lands in the vicinity are suitable for consideration as future affordable
housing sites.
C. Whether the proposed amendment is compatible with surrounding zone
districts and. land uses, considering existing land use and neighborhood
characteristics.
Staff Finding:
The proposed rezoning is compatible with surrounding zone districts and land uses and is
compatible with the adopted PUD for the property. The surrounding zoning and land uses
in the area include the Meadowood Subdivision to the east, which is zoned R-30 in the
County. To the west is the Aspen School District facility (PUB) and the Iselin Park area'
(PARK). To the southwest is the Highlands PUD in the Connty.
The language of the resolution further supports existing land uses and neighborhood
characteristics by reiterating existing restrictions and agreements between the City and
the Meadowood Homeowners Association.
D. The effect ofthe proposed amendment on traffic generation and road safety.
Staff Finding:
The proposed rezoning of this property does not impact traffic generation or road safety
beyond the impacts already anticipated and mitigated for under the adopted PUD.
E. Whether and the extent to which the proposed amendment would result in
demands on public facilities, and whether and the extent to which the proposed
amendment would exceed the capacity of such public facilities, including but not
. limited to transportation facilities, sewage facilities, water supply, parks, drainage,
schools, and emergency medical facilities.
Staff Finding:
The proposed rezoning of this property does not place demands on public facilities
beyond the impacts already anticipated under the adopted PUD. The developer is
obligated to install the necessary infrastructure, parkland has been dedicated, and
emergency medical facilities are located within one mile of the property.
F. Whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment.
Staff Finding:
The proposed rezoning of this property does not impact the natural environment beyond
the impacts already anticipated under the adopted PUD.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen.
Staff Finding:
The proposed rezoning of this property is consistent and compatible with the proposed
character of Aspen. This is a residential area in proximity to schools and recreational
facilities. It bridges other residential areas and is well served by existing and proposed
infrastructure.
H. Whether there have been changed conditions affecting the subject parcel or
the surrounding neighborhood which support the proposed amendment.
Staff Finding:
The City has a statutory obligation to provide this property with zoning within 90 days of
the final annexation. The proposed rezoning of this property is consistent with the
adopted PUD and is required by law following the annexation of property .
I. Whether the proposed amendment would be in conflict with the public
interest and whether it is in harmony with the purpose and intent of this Title.
Staff Finding;
Assigning zoning to this parcel must be accomplished within 90 days of the final
annexation. The proposed zone districts represent the closest approximation to the uses
approved within the PUD by Pitkin County; and do not pose any conflicts with the public
interest. Staff believes the proposed zoning districts promote the purpose and intent of
this Title and is in harmony with the public interest.
C;/annexationlmoore/rezoneccmemo.doc
Memorandum
To: Aspen City Council
Thru: Amy Margerum, City Manager
Julie Ann Woods, Community Development Director
From: Stephanie Millar, Senior Long-Range Planner
Date: September 27, 1999
Re: Moore Property Rezoning: Second Reading
vn c..
Summary
The City Council approved the Moore PUD rezoning at first reading on September 13,
1999. The effective date of the Moore PUD Property annexation into the City of Aspen
was July 27, 1999 (the actual date of the meeting was June 28, 1999). This rezoning
action will change the underlying zoning of the parcel, but the overlying PUD as
previously approved will continue to apply.
Backl!:round
The Moore Property is approximately 215 acres in size. The property is located between
the Aspen Highlands Ski Area (AHSA) and the High School Complex. The primary
access to the property is Maroon Creek Road. The approved PUD for the site includes:
. 40 single family free-market residential lots
. 31 affordable single family residential units
. Ski Club facilities, and
. Ski lift from the high school area to the top of Powder Bowl
. Open Space, trails and other recreational amenities
Based on the proposed PUD uses and lot sizes, staff has determined that the following
zone designations would be most appropriate with the PUD Overlay:
Blocks
Block A: R-15
Block B: PUB
Block C: R-15
Block D: R-15
Block E: R-30
Block F: R-15
Block G: R-30
Open Space Areas
Open Space Area 1: Conservation
Open Space Area 2: Conservation
Open Space Area 3: Conservation
Open Space Area 4:
Open Space Area 5:
Open Space Area 6:
Open Space Area 7:
Open Space Area 8:
Open Space Area 9:
Open Space Area 10:
Open Space Area 11:
Open Space Area 12:
Conservation
Conservation
Conservation
Conservation
Conservation
Conservation
Conservation
Conservation ,
Conservation
Other Parcels
Lot 1, Parcel A:
Loq, Parcel B:
Park
Conservation
Planninl! and Zoninl! Commission Comments:
The Planning and Zoning Commission passed a resolution with a vote of 6 to 0 in support
of the proposed zone districts as listed above.
Referral Comments: .
The information on the proposed rezoning of the Moore PUD was discussed at an
interdepartmental stafflevel Development Review Committee Meeting. The Parks
Department expressed an interest in having language added to the ordinance which made
clear that trails, paths and walkways as identified in the final recorded plat are considered
accessory uses to the permitted uses in the zone district; and that the uses in the
Conservation and Parks zone districts are further limited by the James E. Moore Family
LLLP Declaration of Covenants, Conditions and Restrictions dated August 10, 1998.
These two items were added to the ordinance. No other issues were raised by staff.
Staff received one letter from citizen Nancy Rubin. The letter is attached.
Discussion
The zoning designations will not impact the approved PUD but comply with the general
categories of usage for each area. The compliance with the Standards of Review (Section
26.130.040) are outlined in the attached document, Exhibit A.
Recommendation
Staff recommends adopting the zoning designations as described above.
Recommended Motion
"I move to recommend to City Council Ordinance number 24, series 1999, which
establishes the underlying zoning for the Moore PUD.
City Manal!er's Comments
Exhibit A
Standards of Review
Moore PUD Rezoning
26.310.040 Standards of Review.
In reviewing an amendment to the text of this Title or an amendment to the
official zone district map, the City Council and the Planning and Zoning Commission
shaH consider:
A. Whether the proposed amendment is in conflict with any applicable portions
of this Title.
Staff Finding:
The proposed rezoning is not in conflict with any portion of this title.
B. Whether the proposed amendment is consistent with all elements of the
Aspen Area Community Plan.
Staff Finding:
The proposed rezoning is consistent with the Aspen Area Community Plan. While the
AACP does not specifically address this property, it does indicate that additional Moore
family owned lands in the vicinity are suitable for consideration as future affordable
housing sites.
C. Whether the proposed amendment is compatible with surrounding zone
districts and land uses, considering existing land use and neighborhood
characteristics.
Staff Finding:
The proposed rezoning is compatible with surrounding zone districts aild land uses and is
compatible with the adopted PUD for the property. The surrounding zoning and land uses
in the area include the Meadowood Subdivision to the east, which is zoned R-30 in the
Connty. To the west is the Aspen School District facility (PUB) and the Iselin Park area
(PARK). To the southwest is the Highlands PUD in the County.
The language of the resolution further supports existing land uses and neighborhood
characteristics by reiterating existing restrictions and agreements between the City and
the Meadowood Homeowners Association.
D. The effect of the proposed amendment on traffic generation and road safety.
Staff Finding:
The proposed rezoning of this property does not impact traffic generation or road safety
beyond the impacts already anticipated and mitigated for under the adopted PUD.
E. Whether and the extent to which the proposed amendment would result in
demands on puhlic facilities, and whether and the extent to which the proposed
amendment would exceed the capacity of such public facilities, including but not
limited to transportation facilities, sewage facilities, water supply, parks, drainage,
schools, and emergency medical facilities.
StaffFinding:
The proposed rezoning of this property does not place demands on public facilities
beyond the impacts already anticipated under the adopted PUD. The developer is
obligated to install the necessary infrastructure, parkland has been dedicated, and
emergency medical facilities are located within one mile of the property.
F. Whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment. .
Staff Finding;
The proposed rezoning of this property does not impact the natural environment beyond
the impacts already anticipated under the adopted PUD.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen.
Staff Finding;
The proposed rezoning of this property is consistent and compatible with the proposed
character of Aspen. This is a residential area in proximity to schools and recreational
facilities. It bridges other residential areas and is well served by existing and proposed
infrastructure.
H. Whether there have been changed conditions affecting the subject parcel or
the surrounding neighborhood which support the proposed amendment.
StaffFinding:
The City has a statutory obligation to provide this property with zoning :within 90 days of
the final annexation. The proposed rezoning of this property is consistent with the
adopted PUD and is required by law following the annexation of property.
I. Whether the proposed amendment would be in conflict with the public
interest and whether it is in harmony with the purpose and intent of this Title.
Staff Finding:
Assigning zoning to this parcel must be accomplished within 90 days of the final
annexation. The proposed zone districts represent the closest approximation to the uses
approved within the PUD by Pitkin County, and do not pose any conflicts with the public
interest. Staff believes the proposed zoning districts promote the purpose and intent of
this Title and is in harmony with the public interest.
C:/annexationlmoore/rezoneccmemo.doc
'Nancy qzu6in
205 Larftspur Lane
Jlspen, CO 81611
RECEiVED
Aut; j 0 1999
ASPEN/ Pi fKii\j
rxJf.J.MUN!TY DEVELOPMEI\!:
August 23, 1999
Aspen/Pitkin Community Development Department
130 S. Galena Street
Aspen; CD 81611-l9-75
Gentleman:
I am in receipt of public notice re: additional rezoning for the Moore property, which
appears to look forward to an increase in usage to moderate and low density residential
use.
I don't know whether any of the members of your commission have had an opportunity
to drive up Maroon Creek Road lately, but for those of you that have, it certainly should
be apparent that quite aside from the problems at the roundabout construction, the
Maroon Creek Road in it's lower portion simply can't hold the traffic that you are
planning for it. Particularly considering the fact that you have allowed the Heinz
Development to sell a major portion of it's units on a time sharing basis which will
ensure that there will be traffic on the roads at all times.
I'm truly puzzled at what is driving your decision, which to me seems intent on maximum
development beyond any reasonable restraint.
I would appreciate if you would have a copy of this letter in your deliberations,
Sincerely,
V/{i/jlffiJk
Nancy Rubin
NRllas
Dictated but not read by Nancy Rubin
County of Pitkin }
} SSe
State of Colorado }
AFFIDAVIT OF NOTICE PURSUANT
TO ASPEN LAND USE REGULATION
SECTION 26.304.060 (E)
I .
I, ~tll'l iQ. ;fA,'J/" r , being or representing an
Applicantto the City of Aspen, personally certify that I have complied with the public notice
requirements pursuant to Section 26.304.060 (E) of the Aspen Land Use Regulations in the
following manner:
1. By mailing of notice, a copy of which ~s attached hereto, by first-class, postage prepaid
U.S. Mail to all owners of property with three hundred (300) feet of the subject property,
as indicated on the attached list, on the 7 day of Seotember. 1999 (which -is twenty days
prior to the public hearing date of September 27. 1999).
2. By posting a sign in a conspicuous place on the subject property (as it could be seen
from the nearest p.ublic way) and that the said sign was posted and visible continuously
from the 7 day of Seotember. 1999. (Must be posted for at least ten (10) full days before
the hearing date). A photograph of the posted sign is attached hereto.
~~~~/~
Csrgnat e
I
Z 7 day
, 1991by
"""- ". _..".'''~,
JJr..D.
Memorandum
To: Aspen Planning and Zoning Commission
Thru: Julie Ann Woods, Community Development Director~
From: Stephanie Millar, Senior Long-Range Planner I
Date: August 24,1999
Re: Moore Property Rezoning
Summary
The effective date of the Moore PUD Property annexation into the City of Aspen was
July 27, 1999. The City of Aspen Code requires that the parcel be rezoned within 90
days of annexation. This rezoning action will change the underlying zoning of the parcel,
but the overlying PUD will continue to apply.
Backl!:round
The Moore Property is approximately 215 acres. The property is located between the
Aspen Highlands Ski Area (AHSA) and the High School Complex. The primary access to
the property is Maroon Creek Road. The approved PUD for the site includes:
. 40 single family free-market residential lots
. 31 affordable single family residential units
. Ski Club facilities, and
. Ski lift from the high school area to the top of Powder Bowl
. Open Space, trails and other recreational amenities
Based on the proposed PUD uses and lot sizes, staff has determined that the following
zone designations would be most appropriate with the PUD Overlay:
Blocks
Block A:
Block B:
Block C:
Block D:
Block E:
Block F:
Block G:
. R-15
PUB
R-15
R-15
R-30
R-15
R-30
Open Space Areas
Open Space Area 1: Conservation
Open Space Area 2: Conservation
Open Space Area 3: Conservation
Open Space Area 4: Conservation
!
'> .
'.
ASPEN . PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
,PUBLIC NOTICE \
RE:MOOREPROPERTY REZONING TO R-I5,R-30, PUB, c;ONSERVAPON AND
PARKS ZONE DISTRICTS
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, September 27,
1999 at a meeting to begi,n at 5:00 p.m. before the Aspen City Council, City Coun<;il Chambers,'
City Hall, 130 S: Galena St., Aspen, for second reading to rezone the property toMod~rate Density
Residential (R~15), Low Density Residential (R-30), Public (PUB), Conservation and Parks (P)
Zone Districts. '
The property is located between the Aspen Highlands Ski Area (AHSA) and the High School
" Complex: It is near .the proposed Iselin Park area.. The primary access to the property is Maroon
Creek Road. For' i'urther information, contact Stephanie Millar at the . Aspen/Pitkin Community
Devdoprrient Department, 130 S.Galena St., Aspen, CO (970) 920-5102.
snRachel E. Richards, Mavor
Aspen City Council
Published in the Aspen Times on September 10,1999 .
City of Aspen Account
G:/planning/aspenlnoticeslmoorerezone.doc
,
,
130 SOUTH GALENA STREET. ASPEN, COLORADO 81611-1975 . PHONE 970.920.5090 . FAX 970.920.5439
Printed on Recycled Paper
~
Jlr..D.
Memorandum
Thru:
Aspen Planning and Zoning Commission
Julie Ann Woods, Community Development Director~
Stephanie Millar, Senior Long-Range Planner r
To:
From:
Date: August 24, 1999
Re: Moore Property Rezoning
Summary
The effective date of the Moore PUD Property annexation into the City of Aspen was
July 27, 1999. The City of Aspen Code requires that the parcel be rezoned within 90
days of annexation. This rezoning action will change the underlying zoning of the parcel,
but the overlying PUD will continue to apply.
Backl!:round
The Moore Property is approximately 215 acres. The property is located between the
Aspen Highlands Ski Area (AHSA) and the High School Complex. The primary access to
the property is Maroon Creek Road. The approved PUD for the site includes:
. 40 single family free-market residential lots
. 31 affordable single family residential units
. Ski Club facilities, and
. Ski lift from the high school area to the top of Powder Bowl
. Open Space, trails and other recreational amenities
Based on the proposed PUD uses and lot sizes, staff has determined that the following
zone designations would be most appropriate with the PUD Overlay:
Blocks
Block A:
Block B:
Block C:
Block D:
Block E:
Block F:
Block G:
. R-15
PUB
R-15
R-15
R-30
R-15
R-30
Open Space Areas
Open Space Area 1: Conservation
Open Space Area 2: Conservation
Open Space Area 3: Conservation
Open Space Area 4: Conservation
.)..,
Open Space Area 5: Conservation
Open Space Area 6: Conservation
Open Space Area 7: Conservation
Open Space Area 8: Conservation
Open Space Area 9: Conservation
Open Space Area 10: Conservation
Open Space Area 11: Conservation
Open Space Area 12: Conservation
Other Parcels
Lot 1, Parcel A:
Lot 2, Parcel A:
Park
/>. "
Park~ <-Ov\"i,eNCctic~
Referral Comments:
The information on the proposed rezoning of the Moore PUD was discussed at an August
11 Development Review Committee Meeting. The Parks Department expressed an
interest in having language added to the ordinance which made clear that trails, paths and
walkways as identified in the final recorded plat are considered accessory uses to the
permitted uses in the zone district; and that the uses in the Conservation and Parks zone
districts are further limited by the James E. Moore Family LLLP Declaration of
Covenants, Conditions and Restrictions dated August 10, 1998. These two items were
added to the ordinance. No other comments were made.
Discussion
The zoning designations will not impact the adopted PUD but comply with the general
categories of usage for each area. The compliance with the Standards of Review (Section
26.130.040) are outlined in the attached document, Exhibit A.
Recommendation
Staff recommends adopting the zoning designations as described above.
Recommended Motion
"I move to recommend to City Council Resolution number 23-99 which establishes the
underlying zoning for the Moore PUD finding that this rezoning complies with the
standards of review set forth in Section 26.310.040 of the Land Use Code."
Relevant Zone Districts: Moore PUD Rezoning
City of Aspen Land Use Code
Part 700: Zone Districts
26.710.050 Moderate-Density Residential (R-15).
A. Purpose, The purpose of the Moderate-Density Residential (R-15) zone district is to provide areas for
long term residential purposes with customary accessory uses, Recreational and institutional uses customarily
found in proximity to residential uses are included as conditional uses. Lands in the Moderate-Density
Residential (R-15) zone district typically consist of additions to the Aspen Townsite and subdivisions on the
periphery of the City. Lands within the Townsite which border Aspen Mountain are also included in the
Moderate-Density Residential (R-15) zone district.
B. Permitted uses. The following uses are permitted as of right in the Moderate-Density Residential (R-
15) zone district.
I. Detached residential dwelling;
2, Duplex;
3. Farm buildings and uses, provided that all such buildings and storage areas are located at least
100 feet from pre-existing dwellings on other lots;
4. Home occupations; and
5. Accessory buildings and uses.
C. Conditional uses, The following uses are permitted as conditional uses in the Moderate-Density
Residential (R-15) zone district, subject to the standards and procedures established in Chapter 26.425:
1, Parks and open use recreation site;
2. Public or private academic school;
3. Church;
4. Group home;
5. Child care center;
6. Museum;
7. Lodge, where indicated by designation as a Lodge Overlay District (L) pursuant to Section
26.710.310;
8. For properties which contain a historic landmark: bed and breakfast; boarding house; and two
detached residential dwellings or a duplex on a lot with a minimum area of 15,000 square feet; and
9. Accessory dwelling units meeting the provisions of Section 26.520.040.
City of Aspen Land Use Code
Pan 700
Zone Districts
D. Dimensional requirements. The following dimensional requirements shall apply to all pennitted and
conditional uses in the Moderate-Density Residential (R-15) zone district.
I. Minimum lot size (square feet!: 15,000.
2. Minimum lot area ver dwellinl! unit (square feet):
a. Detached residential dwelling: 15,000. .
b. Duplex: A duplex may be developed on a lot of 15,000 square feet that was
subdivided as of April 28, 1975. Otherwise the duplex must be developed with a minimum lot
area of 10,000 square feet per dwelling unit, unless the property contains a historic landmark,
in which case a duplex or two detached residential dwellings may be developed with a
minimum lot area of7,500 square feet per unit.
c. Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet): 75.
4. Minimum front vard setback (feet):
Residential dwellings: 25.
Accessory buildings and all other buildings: 30.
5, Minimum side vard setback (feet!: 10.
6. Minimum rear vard setback (feet!:
All buildings except residential dwellings and accessory buildings: 20.
Residential dwellings: 10.
Accessory buildings: 5.
7. Maximum heil!ht (feet!: 25.
8. Minimum distance between detached buildinl!s on the lot (feet!: 10.
9. Percent of oven svace required for buildinl! site: No requirement.
10. External floor area ratio (avvUes to conforminl! and nonconforminl! lots of record):
Lot Size Detached Residential Allowable Square Feet*
Dwellings (Square Feet)
0-3,000 80 square feet of floor area for each 100 in lot area, up to a maximum
of 2,400 square feet of floor area.
3,000 - 9,000 2,400 square feet of floor area, plus 28 square feet of floor area for
each additional I 00 square feet in lot area, up to a maximum of
4,080 square feet of floor area.
9,000 -15,000 4,080 square feet of floor area, plus 7 square feet of floor area for
each additional 100 square feet in lot area, up to a maximum of
4,500 square feet of floor area.
City of Aspen Land Use Code
Pan 700
Zone Districts
15,000 - 50,0004,500 square feet of floor area, plus 6 square feet of floor area for
each additional I 00 square feet in lot area, up to a maximum of
6,600 square feet of floor area.
50,000+
6,600 square feet of floor area, plus 2 square feet of floor area for
each additional 100 square feet in lot area.
'.L9t'~ii~.'.~llilj~~"..
.(&ij~!l!'tilf~e.)i ...
'Total external floor area ratio for two detached residential dwellings or a duplex on a lot less than
20,000 square feet containing a historical landmark shall not exceed the floor area allowed for one
detached residential dwelling. (Does not apply to the R-30 zone district.)
'."'., Ali~~'~~liS4~~~~eif",,""".'.
" ''',:'' ".""'. .., 1 " 'i i' '. ," "!,~, ' "'," ," ,
",.'
',""i,',,"
" " ~~,'.'.~",..'.}
,; :i,'::......,: : '.": ,.1:: i ""in
,0 ~ f;o,dO ' , ".',: '90 sC),u/!"e,fee! offloor'area for ,eac.l\ 1,~Osquare fee,~,in ,l,o~:atea, "
, :', ' . up to a plalf:il11um of2~700 ~.~are.f~et of'f1bbrhlre~.. " " '
".".: :".":'i:;:',:
:':.:, >""",:,'i'":,,,:',"","l""':' ,.
'.3;000.r9,QQO.: ,:2,700 squilfll feet'of fl~or;area; pIps 3/)'square feetofUodr area for
"':.," '-eachli:dditional100~quare'fuet'in.lbt(lrea,'lfP'.t!"am\lxi!!'lUm 'o,f . ....
4,500 squarefe'et offloor,arel\. ..../........,," . .. ";,'.", i"",:,.,,,..
,'",'!' '," "'}'." 't',,','. "',, .,
",.,t;' . ",::,:',.,:" ''''1',: .,:.',i" :,"'.::,':,::f-:' ',' ,".: ";',,:
9~00o.;, 15,000, 4,500 square feet'offloor area, plus 7,square feet offlool:.aiea for '." ........
1 . I ' .' I ,..' . 'I .. 'i',' ' . "I' t:,
, '.' , "'eacli addItional roo squareJeel'iti lot ,area, "', '
, , ' . ......,:',"tdp,t6.~.inax.imllmQfi4.,92q~qtia.i'~f~ei'6(tlb6fliteit:,.. ........ ./'
:':'/:,::;: ;::/,i':';: .i,;',( :',::'.,:,i ',';,/i://:/ ,I:',/::'.',':~" :,; ':"'1: :i:,:, :,:',':, :',::;' ;';:,i>:'.<:', ',/:' ;": :,;:':" ':, :~i ;', ;;:'::,"'.' ';:,;' ,':",'::,: ',/':': ,:/'i)/', ::::::;"; ,',:::',!,}':i :' :>,:;)':::, ::..' "/~"I:<::~\;;' '.: ,::, ::, :~,ii '::' l, :,;,' :",: :,':/:: ::::: ::'~I i i't:i,:,. ,i' ,:", :'/;': ,':":):'!~ ~::?
,.,'.I!SiQO,O.:p(};QQ.l).4i9~O~q\i~r.e.'fe~i.6f,f1oQr'~!'la; ..pli.)s. ,~Sql!aie:feet'clfflo'6~,;'ar~.foi..!',,'
.' :,,', 'i' "'" ' '''', . ': ',: ,....;. ,', r.:; , ':' : ' ,: :',::,:' : ~ ;;,,:.' , :".; "", "'"; -::';: : ,r,.' ",," ',' , 'i , ,i, ; ,! ::,' :)"! " ".':':., , ,;. ",,: : ; :: ,',! ,\ '", ': .'.,":~f:, i ,i': ,:1' ,: :', i':' .. ',I : ", ,
, ..... ........... .;~!lCli-\~41~lpll!liI0?s.q~~,cfeet.l.~'~?ti1re!l;:t1Pl?!l)ll~lHtrr~.?f'
..,....M20'~qna~fe~t.off1.<)or.area'..:.. ....'..'.., .'....i:',....,. .
" ' .,!~;oi~~~~~~fe~to~.~~~r.!lr~~;:ij~V~J~#p;ir~t~~,~f;#~gf,~~r.t?t.; . ....... '.' '.' ..... . ........ .
'..each',iidCllttoljal.lQOsquarde!'lt.lI)J.<)I<U'ea'" ,'..,'.."..',.........,...' " ,,'..
", ,,'I ., ,'. '::'I"/i"""';
'..';:, ":' i.'::',:,..::',<".,,:'::,,':,',:',l:',':,.... ",:."", ',:,'" ,,'''''',:, :':'','': " ",:', ',",:" ''''''.. ",:,:,'i,',''",:''';':" Ii ': ,,'ii,i, ":,,:,:,:':':' ,"'.">:'i\"',:,..': :,' ',":;:::,: ,.'::"",<,', "',"'::',;:",:":,',':,:,:,','
.... ..~1'9tal...!'l~9:\1/!lrif19ot'.~rea...r~ip.fok.~?..~~iaCli-~~,'f~~idlll)~4l;f1~~1\jNW9~'!li4~p~i!~'a'.lot.,1~S$.'.~~"':'..
.....iQ)190,s~u~fee,t.#~rt!l\~1i)~!lli-istiiii~al'.lan.d.OlW;LC.sli3,.ll '!lotexceei:\!the'f1()or.:a~a)~llo":ed for... pne......',. .
4eti!,C\ie'4;r~~i!l~~ti~\,dWel'il)g:" '
.'.1,>:;','".:"" . , ,"'" .
, ;:( ;' ~ ,,",, ,), ,',
'1 .'
:'.I',',i:':
';,i.'
;,',:
26.710.080 Low-Density Residential (R-30).
A. Purpose. The purpose of the Low-Density Residential (R-30) zone district is to provide areas for long
term residential purposes with customary accessory uses. Recreational and institutional uses customarily found
in proximity to residential uses are included as conditional uses. Lands in the Low-Density Residential (R-30)
zone district are typically located along river frontages in outlying areas of the City.
R Permitted uses. The following uses are permitted as of right in the Low-Density Residential (R-30)
zone district:
1. Detached residential dwelling;
2, Duplex;
City of Aspen Land Vse.Code
Parr 7{X)
Zone Districts
3. Farm building and use, provided that all such buildings and storage areas are located at least
100 feet from pre-existing dwellings on other lots;
4. Home occupations; and
5. Accessory buildings and uses.
C. Conditional uses. The following uses are permitted as conditional uses in the Low-Density Residential
(R-30) zone district, subject to the standards and procedures established in Chapter 26.425:
I. Park and open use recreation site;
2. Public and private academic school;
3. Church;
4. Group home;
5. Child care center;
6. Museum; and
7. Accessory dwelling units meeting the provisions of Section 26.520.040 ofthis Code.
D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and
conditional uses in the Low-Density Residential (R-30) zone district:
1. Minimum lot size (sQuare feet!: 30,000
2. Minimum lot area per dwelling unit (square feet):
Detached: .30,000.
Duplex: 15,000 per unit.
3. Minimum lot width (feet): 100.
4. Minimum front yard setback (feet):
Residential dwellings: 25.
Accessory buildings and all other buildings: 30.
5. Minimum side yard setback (feet):
All buildings except residential dwellings and accessory buildings: 20.
Residential dwellings: 10.
Accessory buildings: 10.
6. Minimum rear yard setback (feet):
All buildings except residential dwellings and accessory buildings: 30.
Residential dwellings: 15.
Accessory buildings: 5.
7. Maximum height (feet): 25.
City of Aspen Land Use Cod~
Part 700
Zone Disf.ricts
8. Minimum distance between principal and accessory buildings (feet): 10.
9. Percent of open space required for building site: No requirement.
10. External floor area ratio (applies to conforming and nonconforming lots of record): Same as
R 15 zone district.
26.710.220 Conservation (C),
A. Purpose. The purpose of the Conservation (C) zone district is to provide areas of low density
development to enhance public recreation, conserve natural resources, encourage the production of crops and
animals, and to contain urban development.
B. Permitted uses. The following uses are permitted as of right in the Conservation (C) zone district:
I. Detached residential dwelling;
2. Park, playfield, playground and golf course;
3. Riding stable;
4. Cemetery;
5. Crop production, orchards, nurseries, flower production and forest land;
6. Pasture and grazing land;
7. Dairy;
8. Fishery;
9. Animal production;
10. Husbandry services (not including commercial feed lots) and other farm and agricultural uses;
11. Railroad right-of-way but not a railroad yard;
12. Home occupations; and
13, Accessory buildings and uses.
C, Conditional uses. The following uses are permitted as conditional uses in the Conservation (C)
district, subject to the standards and procedures established in Chapter 26.425.
1. Guest ranches;
2. Recreational uses including a riding academy, stable, club, country club and golf course;
City of Aspen Land Use Code
Part 700
Zone Districts
3. Ski lift and other ski facilities;
4. Sewage disposal area;
5, Water treatment plant and storage reservoir;
6. Electric substations and gas regulator stations (not including business or administration
offices); and
7. Accessory dwelling units meeting the provisions of Section 26.520.040.
D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and
conditional uses in the Conservation (C) zone district
I. Minimum lot size (acres): 10.
2. Minimum lot area ver dwellinl!: unit (acres): 10.
3. Minimum lot width (feet!: 400.
4. Minimum front vard setback (feet): 100.
5, Minimum side vard setback (feet!: 30.
6, Minimum rear vard setback (feet): 30.
7. Maximum heil!:ht (feet!: 28.
8. Minimum distance between vrincival and accessory buildinl!:s (feet!: No requirement
9. Percent of oven svace reauired for buildinl!: site: No requirement.
26.710.240 Park (P).
A. Purpose. The purpose of the Park (P) zone district is to ensure that land intended for recreation use is
developed so as to serve its intended use, while not exerting a disruptive influence on surrounding land uses.
I. When a Park (P) zone district is designated with a Transportation Overlay (T) zone district
designation, its purpose is to provide for the use of for both parks and public transportation facilities in
the most compatible manner practicable, but with the park character remaining dominant.
2. When a Park (P) zone district is designated with a Drainage Overlay (D) zone district
designation, its purpose is to provide for the use of both park and drainage system facilities in the most
compatible manner practicable, with the park character remaining dominant.
3. When the Park (P) zone district is designated both with the Transportation Overlay (T) zone
district and the Drainage Overlay (D) zone district, its purpose is to provide for the use of parks, public
transportation facilities, and drainage system facilities in the most compatible manner practicable, with
the park character remaining dominant.
City of Aspen Land Use Code
Part 700
Zone Districts
4. When the Park (P) zone district is designated Golf Course Support (GCS) Overlay zone
district, its purpose is to provide for the use of public golf courses and adjacent support facilities in the
most compatible manner practicable, with the park character remaining dominant.
B. Permitted uses. The following uses are pennitted as of right in the Park (P) zone district:
I. Open-use recreational facility, park, playfield, playground, swimming pool, golf course, riding
stable, nursery, botanical garden; and
2. Accessory buildings and uses.
C. Conditional uses. The following uses are pennitted as conditional uses in the Park (P) zone district,
subject to the standards and procedures established in Chapter 26.425:
I. Recreation building;
2. Sport shop;
3. Restaurant facility; and
4. Park maintenance building.
D. Dimensional requirements. The dimensional requirements which shall apply to all pennitted and
conditional uses in the Park (P) zone district shall be set by the adoption of a conceptual development plan and
fmal development plan, pursuant to Chapter 26.445, Planned Unit Development.
26.710.250 Public (PUB).
A. Purpose. The purpose of the Public (PUB) zone district is to provide for the development of
governmental and quasi-governmental facilities for cultural, educational, civic and other governmental
purposes.
B. Permitted uses. The following uses are permitted as of right in the Public (PUB) zone district:
I. Library;
2. Museum;
3. Post office;
4. Hospital;
5. Essential governmental and public utility uses, facilities, services and buildings (excluding
maintenance shops);
6, Public transportation stop;
7. Tenninal building, and transportation related facilities;
.
City of Aspen Land Use Code
Pan 700
Zone Districts
8. Public surface and underground parking areas;
9. Fire station;
10. Public school;
I L Public park;
12, Arts, cultural and recreational activities, buildings and uses; and
13. Accessory buildings and uses.
C. Conditional uses. The following uses are permitted as conditional uses in the Public (PUB) zone
district, subject to the standards and procedures established in Chapter 26.425.
L Maintenance shop; and
2. Affordable housing.
D. Dimensional requirements. The dimensional requirements which shall apply to all permitted and
conditional uses in the Public (PUB) zone district shall be set by the adoption of a conceptual development
plan and final development plan, pursuant to Chapter 26.445, Planned Unit Development.
26.710.260 Open Space (OS).
A. Purpose. The purpose of the Open Space (OS) zone district is to preserve, protect and
enhance lesser developed or undeveloped areas within the City containing unique naturally
occurring or manmade landscape features which provide visual relief and enjoyment while
reflecting or presenting community artistic or architectural statements. Development in the Open
Space (OS) zone district should emphasize and be consistent with the natural dynamic state ofthe
land and minimize disruption of existing natural conditions.
B. Permitted uses. The following uses are permitted as of right in the Open Space (OS) zone
district:
L Paved and unpaved walkways;
2. Benches;
3. Sculpture;
4 , Water features such as ponds, streams or fountains;
, ,
5. Architectural lighting and downcast low-illumination lighting for walkways and
trails;
6. ' Sculptured or manicured landscape features; and
7. Fencing.
C. Conditional uses. None.
~';2
~tt
~1
~ f-
'Pc,.
~f-
if
l-f
-4...
3'f
~f
rt
{1
rr
.
4 ~A(~ ~4j "\
w~ ~ct~1j\
, ,
I
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81621
Phone: (970) 920-5090 Fax: (970) 920-5439
MEMORANDUM
TO:
Sanitation District
Building Department
Environmental Health
Electric Department
lty Attorney
Streets Department
RFTA, Mike Davis
ommunity Development Director
City Engineer
Zoning Officer
H using Director
arks Department
Aspen Fire Marshal
City Water
Historic Preservation Officer
Transportation Manager
City Manager
FROM:
Stephanie Millar, Community Development
RE:
Moore Rezoning
DATE:
August 6, 1999
REFERRAL SCHEDULE
({
August "~ 999
DRC MEETING DATE:
Attached for your review and comment is a copy of rezonings proposed for the Moore
Property that was recently annexed into the City of Aspen. The adopted PUD will still
apply, but the underlying will change to be more consistent with the lands anticipated
uses. In addition, rezoning is required within 90 days of annexation.
Please let me know no later than August 13, 1999 if you have any issues of concerns
regarding these proposed zone changes. This issue is scheduled on the August 24th
Planning and Zoning Commission Agenda.
~. \- - \ ~ rNv tcVMh~ tv- ~ ~-~ ~f if~~
~M I -\0 ~, -1M
~S~~ ~~ ~ ~--~-
r-.
("'j
d
...
,
Existing and Proposed Zoning Districts within the Moore
Property
The existing zoning established by Pitkin County is a combination of AFR1, AFR2, and
AFRIO (see Pitkin County Resolution 97-13) with a PUD overlay. Within 90 days of
Annexation, the City must establish the zone districts for the land. The City anticipates
adopting the PUD overlay established by the County with the following underlying zone
districts. Variations to the zoning may occur through the process of formally assigning
zoning to the subject annexation lands.
Blocks
Block A: R-15
Block B: PUB
Block C: R-15
Block D: R-15
Block E: R-30
Block F: R-15
Block G: R-30
Open Space Areas
Open Space Area 1: Conservation
Open Space Area 2: Conservation
Open Space Area 3: Conservation
Open Space Area 4: Conservation
Open Space Area 5: Conservation
Open Space Area 6: Conservation
Open Space Area 7: Conservation
Open Space Area 8: Conservation
Open Space Area 9: Conservation
Open Space Area 10: Conservation
Open Space Area 11: Conservation
Open Space Area 12: Conservation
Other Parcels
Lot I, Parcel A: Park
Lot 2, Parcel A: Park
Maps of the existing (county) and anticipated (city) zoning of the subject lands is
attached.
.
j d ~ ~\~ ~(;ji
~l" DEClARATION OF COVF.NANJ'S. JOONDm~""~CTIONd
p ar ~nershi?, -
The James E. Moore Family LLLP, a Colorado limited liability limited partnership
("Declarant"), makes this DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS effective A-UCouST 10 , 1998.
Declarant is the owner of certain real property in Pitkin County, Colorado, more
particularly described in Exhibit A attached hereto and incorporated herein by this reference (the
"Property" or "Ball Fields" or "fields"). Certain individuals ("Plaintiffs") owning property
adjacent or near the Property filed a lawsuit against Declarant and the Pitkin County Board of
County Commissioners, asserting violations ofPIaintiffs' rights associated with the land use
approvals granted by the Pitkin County Board of County Commissioners for the proposed
development of the Property and other property owned by Declarant as a residential subdivision.
Such litigation was known as Pitkin County District Court Case No. 97 CV 134-1. The PlaintiftS
dismissed that lawsuit with prejudice in consideration of the recording of these covenants,
conditions and restrictions against the Property .
Declarant contemplates the sale of the Property to the City of Aspen, Colorado ("City").
for the construction of fields on the Property to be used by the City of Aspen in conjunction with
the Aspen School District. The City has reviewed and approved this Declaration and, if the City
takes title to the Property, it shall be subject to the covenants, conditions and restrictions contained
herein.
NOW, THEREFORE, Declarant does hereby declare that the following terms, covenants,
conditions, restrictions, uses, limitations and obligations shall be deemed to run with and be a
burden on the Propeny and any person or entity acquiring or owning an interest in the Property
and any improvements thereon, and their grantees, successors, heirs, personal representatives,
devisees and assigns. .
1. Athletic Fields Development Zone. Use of the Property shall be limited to two
permanent baseball andlor softball fields located within the area marked as "Athletic Fields
Development Zone" (herein "Development Zone") on the map, a photo-reduced copy of which
is attached as ExhibitB heretoimd incorpOlated herein by this reference (the "Map").. Further,
the home plate for each ball field shall be located within the area designated as "Possible
Locations for Home Plate" on the Map. The softball andlor baseball fields on the Property may
be configured so that the outfields of the two ball fields are combined into one large grass field.
The comb ined outfields may be used as a third field with painted or chalked lines limited to a
single youth-only soccer field no larger than regulation size for youth soccer, which third field
may not be used for any organized purpose other than youth soccer. However, there may be
multiple organized soccer events at one time, provided all such events occur within the chalked
or painted boundaries of such single soccer field, and provided further, that baseball or softball
events may not be scheduled at the same time as a soccer event. Signage shall be installed
prohibiting the use of such soccer field by adults.
1
1111111 ml 111111 1II111 11111111111111111I1111111111111
42111483 11111/1... 11: 1411 COYINAHT DAYISSILVI
1 ., 1e R 51.. II 1Il.1Il1l N 1Il.11 !"ITKIN COUNTY CO
r'\
('1"\
,
,
2. Use of Drues and AlcohoL The use of drogs and alcohol shall be prohibited. and
signs regarding such prohibition shall be posted at each field. Adult league teams shall be
advised at the time of league sign-up that teams or players abusing this condition may be banned
from further play for the season or teams may forfeit games and entry fees.
3. Adult Activities. No adult activities shall be permitted for the fields on Friday,
Saturday or Sunday (with the exception of limited special events on Sunday and in the season
during which Iselin Park is being repaired, as described in paragraphs 15 and 17), and adult use
of the fields shall be restricted to the hours of 5:00 PM to 8:30 PM or dusk, whichever is
earlier.
4. Youth Activities. Youth activities, including practices, scheduled for Saturday
shall be limited to the hours of 10:00 AM to 5:00 PM. Youth activities, including practices.
scheduled for Monday through Friday sha1I be limited to the hOll1'3 of 9:00 AM to 5:00 PM.
No organized youth activities shall be permitted on Sunday.
5. Field Sorinkline. To the extent reasonably possible, the sprinkling of the fields
shall be timed so as to IP;n;m;7p. the unauthorized use of the fields.
6. Bleachers. No bleachers shall be permitted on the fields.
7. Snow Removal. Snow removal (except for Nordic track maintenance) shaU,be
prohibited on all fields, except in the spring.
8. Sound Systems. The use or operation of a loudspeaker or amplified sound
systems on the fields shall be prohibited,
9. Citv Maintenance. The City shall maintain the fields consistent with the
maintenance of other playing fields owned by the City. To the greatest extent possible,
environmentally sensitive methods of fertilization and pesticides shall be used on the "fie1ds.
Except for watering the fields, maintenance shall be performed between the hours of 9:00 AM
and 5:00 PM on Monday through Friday.
10. ~. Prior to the use of any field, the City shall install a berm which averages
six feet in height beginning at the north end of Gerald Allen's property (Lot 13, Meadowood
Subdivision, Filing 2) and ending at the south end of the property where Thierry Burkhart lives
(Lot /8 , Meadowood Subdivision, Filing 2). To the extent there are existing land forms into
which such berm may be merged, such existing land forms may be used. The berm will be
located on the Property next to the property line for the Meadowood Subdivision. In addition,
a second berm with an average height of six feet from fmished grade will be installed around
the north and easterly edge of the ball fields as installed. The berms will be seeded and
landscaped pursuant to the requirements of paragraph 11 below. The City shall meet and consult
with the owners of property along the Meadowood Subdivision property line prior to instaIlation
of the berms and required landscaping so that such owners may provide input in the actual
location and design of the landscaping and benning. Moreover, the owners of property along
2
l!~!/U~!mIIL~t~IUllmJ!~! I!'L~J\
:2 ., 1e R 51.88 De." N '.18 Pl11<lN COUNTY co
,1"""\
,tj'1
,
the Meadowocd Subdivision property line may, at their own expense, supplement the berm along
the property line and the landscaping immediately adjacent their property.
11. Landscapine: Plan. Pursuant to the landscaping plan described above and as
approved and recorded with the Final Plat, berms and vegetative screening shall be required and
installed prior to the use of the fields, inclUding the planting by the City of at least 200 trees
(consisting of a reasonable mix of evergreen, aspen and maple trees) at a minimum diameter of
1'h inciles on the Property in the open space area between the AlhIetic Fields Development Zone
and the Meadowood Subdivision boundary ("Open Space") marked as "Open Space" on the
Map. Subject to the site specific approval of the Aspen Parks Department, Meadowood
homeowners shall be permitted to pay for and install additional vegetation in the Open Space.
All vegetation planted in the Open Space shall be irrigated and/or maintained by the City.
12. Lie:htine:. No lighting of any kind will be permitted for any of the fields. Parking
lot lighting shall be reslricted to the minimum level which is necessary for safety or legal
standards.
13. Use of Fields. Organized or scheduled use of the fields shall be limited to the
intended purposes. Specifically, the adult use of the ball fields shall be limited to softball or
baseball for scheduled games, and youth use of the ball fields and soccer field shaH be limited
to softball or baseball and soccer respectively. There shall be no adult usage of the youth soccer
field which may be placed in the combined outfields. SIgns reflecting this restriction on the uses
of the fields shall be posted. Youth soccer games may be held on the youth-oniy soccer field,
provided any goals or nets which are added to the field for this purpose shall be removed at the
end of each usage of the field.
14. Restroom Facilities. Restroom facilities shall be limited to portable and
removable facilities which shall be located on the far western edge of the Property. These
facilities shall be removed during the winter season. Concession or food service facilities shall
be temporary in nature, and must be removed from the fields at the end of each day or special
event. Also, the City or its designee shall be responsible for cleaning up any trash or food
scraps after any event for which concessions or food service facilities are provided. Commercial
concessions, if any, shall be removed at the end of each day.
15. Soecial Events. Beginning four years after the fields have been purchased, the
City may schedule two one-day special events each summer on Sundays, provided such special
events shall be limited to the uses for which the fields are intended. The special events shall be
limited to the hours of 9:00 AM through 5:00 PM. Beginning six yel1I1l after the fields have
been purchased, the City may schedule four one-day special events each summer on Sundays,
which shall be Iimited to the hours of 9:00 &\1 through 5:00 PM, provided such special events
shall be limited to the uses for which such fields are intended. While Iselin Park is under
constrUction, no special events shall be scheduled on the Moore fields.
3
111111I 1111111111111111111111111111111111I1111111I11111
428483 11/11/1911 l':14A COVENANT DAVIS SILVI
3 of 1e R !l1.'" 1) e.. N '.1Il P!TK!N COUNTY co
.~
I""j'\
. !
16. Ooen Soace. The use of the Open Space. specifically that portion of the Property
between the Athletic Field Development Zone and the Meadowood Subdivision. shall be
restricted to open space (no swing sets, barbecue pits, or picnic tables shall be permitted) and
Nordic skiing uses. The intcn! is that the Open Space remain in as natural of a state as possible
(with the addition of the above-described berms and landscaping) and remain a buffer between
the residences in Meadowood and the athletic fields.
17. Intprovements. The City anticipates spending part of one playing season making
iniprovements to the Iselin Park playing fields. After construction begins on the Iselin Park
playing fields and for only pan of that one summer season, paragraph 3 shall not apply, except
for the limitations on the hours of usage. The City shall make all reasonable efforts to minimize
the effects of unrestricted use of the fields (provided, however, the scheduled use of the fields
on Sundays will be limited to the hours of 10:00 AM through 5:00 PM) during the construction
season. including (a) not beginning construction of improvements to the Iselin Park playing fields
until after August 1st of the summer that construction takes place; (b) using its best reasonable
efforts to schedule organized activities at other available playing fields owned or operated by the
City prior to scheduling on the Moore ball fields; and (c) prohibiting special events on the fields
during that construction season.
18. Duration. Amendment. Revocation. This Declaration shall be effective for an
initial period of 25 years. The intcn! of this Declaration is to lessen or minimize impacts on the
owners of homes in the Meadowood Subdivision of the ball fields to be 10Clited on the Property
adjacent to homes along Heather Lane in the Meadowood Subdivision, while allowing the City
reasonable use of the fields for public recreational purposes, Within six months before the 25th
anniversary of the recording of this Declaration, the City (or the then-owner of the Property)
shall contact the Board of Directors of the Meadowood Home Owners Association concerning
the continued benefit of and any proposed modification of this Declaration. The parties shall then
discuss any proposed modification of this Declaration. Beginning on the 25th anniversary of the
recording of this Declaration, the Board of Directors of the Meadowood Home Owners
Association shall have the authority to approve or disapprove any proposed modifications on
behalf of the owners of property in Meadowood. If no modifications are proposed or necessary,
this Declaration shall remain in full force and effect. If the parties are able to agree on any
necessary modifications, such amended restrictions shall be recorded as a supplement to this
Declaration. If the parties believe at that time that these restrictions are of no benefit, the parties
shall record an instrument terminating and vacating these restrictions. If the parties are unable
to reach an agreement concerning the continuation, discontinuation or modification of any of the
restrictions. the parties shall submit any unresolved issues to an arbitrator for binding arbitration
without the necessity of providing the City Attorney the notice provided in paragraph 23. The
purposes of reconsideration of this Declaration shall be to (1) retain the current restrictions or
add any new restrictions necessary to protect the home owners in the Meadowood Subdivision
and particularly those home owners along Heather Lane adjacent the fields from the impacts of
operating public ball fields adjacent this residential neighborhood; and (2) clarify or remove any
restrictions which become overly burdensome to the City in operation. In the event of
4
111111I1111I111111 111I1111111 1111 111111 III 11111 1111 IIJI
421483 ./11/1na 11.14A CCYEIlANT DAVIS SILV
4 of 111I R 51.eIl D '.IN N III.M PITKIN COUNT't' CO
,I"""',
I"!"\
arbitration where the arbitrator believes that the above-stated purposes are in conflict, the
, presumption shall be that the existing restrictions shall remain in full foree and effect.
19. ~e in Intended Use bv Adults. Not more frequently than once per year, if
the City desires to change the intended adult use of one or both baseball fields (but not the youth
soccer field in the combined outfields), it may do so by recording in the Pitkin Counly records
(and mailing a copy thereof to the Meadowood Home Owners Association) an amendment to this
Declaration, which shall set forth the new allowed use and specify the field to which the new
usage sba1I apply. There shall not be more than one allowed use per field at any time, except
for the use of the combined outfields as youth soccer field. As an example, if the demand for
fields on which to play field hockey is greater than the demand for baseball, one or both of the
baseball fields could be designated for field hockey. No substitute adult use for the fields shall
have a significantly greater impact on the property owners in the Meadowood Subdivision;
substitute uses shall not include rugby, soccer, or football. In the event of any dispute between
the City and the owners of property in the Meadowood Subdivision concerning the impact of the
proposed new use of the field, the dispute shall be submitted to binding arbitration.
20. Severabilitv. Invalidity or unenforceability of any provision of this Declaration
in whole or in part shall not affect the validity or enforceability of any other provision or any
valid and enforceable part of a provision of this Declaration.
21. Notice. Any notice permined or required under this Declaration shall be in
writing and delivered either personally or by mail. IT delivery is made by mail, it shall be
deemed to have been delivered forty-eight hours after a copy has been deposited in the United
States mail, postage prepaid, certified mail and addressed to the party at their last known
address.
22. Enforcement. Each provision of this Declaration shall be specifically enforceable
by the Declarant, the City, the Meadowood Home Owners Association Ot any individual or
entity owning property along Heather Lane in the Meadowood Subdivision by a proceeding for
any legal or equitable relief, including a prohibitive or mandatory injunction or action to recover
damages. Provided, however, reasonable enforcement of this Declaration shall be an Obligation
of the City. Enforcement of this Declaration by anyone other than the City (except as expressly
otherwise provided in this Declaration) shall be subject to the following prerequisite: within 30
days of an alleged violation of this Declaration, the complaining party may provide the City
Attorney with written notice detailing the time, place, and nature of the alleged violation. The
City Attorney shall have seven days from receipt of the notice to review the allegations and
determine that the City will DOt commence an enforcement action, at which time the complaining
party may commence an enforeement action. Arbitration shall be required in regard to disputes
associated with paragraphs 18 and 19 above. Otherwise, either arbitration or litigation in an
appropriate coun shall be allowed to resolve disputes hereunder. The prevailing party in any
arbitration or legal proceeding shall be entitled to reimbursement for the costs and legal fees
associated therewith.
5
111111I1111I 111111111111.1111111111111111111111111I11111
428483 W11/1... 1 III , 1411 COVENllNT DAVIS SILVI
5 0' 1e R S1.ee 0 e.ee N e.1I 'ITKIN COUNTY CO
'-
.r--..
I""!"'I
. I'
,
Any Arbitration shall be administered by the American Arbitration Association
in accordance with the Commercial Arbitration Rules unless the parties agree otherwise. The
award rendered by the arbitrator shall be fmal, and judgment may be entered upon it in
accordance with applicable law in any court having jurisdiction thereof. An arbitrator shall be
designated within 30 days of receipt of a list of potential arbitrators. In the event the parties
cannot agree on the designation of an arbitrator within said 30~y period, they shall promptly
request the then-President of the Pitkin County Bar Association to designate a qualified arbitrator
for them. In any event, an arbitrator will be selected within 14 days of the request to the
President of the Pitkin County Bar Association to select an arbitrator.
The City agrees to iDstruct the City Police Department to enforce this Declaration
in a prompt manner and as reasonably necessary, subject to the priorities of the Police
Department, with respect to any violation of this Declaration that is of a temporary naIUre and
for which enforcement is more appropriate for the City Police Department than for the City
Attorney. For example, if there is an adult soccer game in progress on the youth-onIy soccer
field in the combined outfields, the Police Department will respond to telephone calls from
neighbOring home owners to remove such adults from that field and terminate the soccer game.
23. Release of Declarant. Upon the conveyance to the City of Lot 1, The Moore
Family Parcel A Subdivision for Essential Community Facilities Exemption Plat, the Declarant
shall automatically be released of any express or implied obligations it may have with regard to
Lot I for the construction of any improvements or enforcement obligations required of the City
and the City shall assume all such obligations.
Par1;nership,
IN WITNESS WHEREOF, the Declarant, the James E. Moore Fami\y/LllP, a Colorado
limited liability limited partnership, has executed this Declaration /+ftc. /,/ ~-r ( ~ , 1998.
DECLARANT:
Partnership, .
JA1\1ES E. MOORE FAMILYfrLLp, a Colorado
limited liability limited partnership
~
By: ~c...o p.. .~_
Thomas Moore, General Partner
6
IIIIIIIIIIIIIIIIE mill 11m 1111 111111 III 1111 11111111
42e413 M/it/SIII SI.l4A COYEHANT DAV!S SILV!
I 0' 18 R !!IS." D 1.1t! N 1ll.1t! P!TKIN COUNTY CO
~.
I'j\
I
. STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrUment was acknowledged before me this \1 i'>.day of ~ ~ '
1998. by Thomas Moore, General Partner of the James E. Moore Family,j,LLLP. a C lorado
limited liability limited partnership. l'artuership.
My commission expires:
Wimess my band and official seal.
My Commission
'~
N olary Public
A.
..,,,.....I.!1;1I,/
..< (. ,\. 1'111
. t.,'::........"'/..
"', -.
0" ~. '
.. \"'-" .
A . f ,;,,- L\f.~j..'"
til ~;
O&:N:~I (".j
.::'.~/~::~.~~~~.::';. :'
"",jlrulI'\"\'
ACCEPTED AND APPROVED:
THE CITY OF ASPEN
~B~-
John nnett. Mayor
Attest:, ~
~ / 6!;t
Kathryn Koc City Clerk .
meadow\2covenan.07
11111111111111~llIlmlllllll~IIIIIIIIIIIIIII.11111I
428413 11/11/1... le.14A coveNANT DAVIS SlLVl
7 0' le " 51." D e.1e N e." PSTKIN COUIITY co
7
r--
f~
,
EXHlBIT A
TO
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
Lot 1, Parcel A, The Moore Family Parcel "An Subdivision for Essential Community
Facilities Exemption Plat recorded PI \J6. '0 , 1998 in Plat Book 'f" at Page /~, as
Reception No. 1/7.0 tfl.l..f of the Pitkin County records; and
A parcel of land situated in the SW'A SE\4, Section 11, Township 10 South, Range 85
West, 6th Principal Meridian, Pitkin County, Colorado, said parcel being more particularly
described as follows; ,
Beginning at a point on the easterly line of the SW \4 SE'A of said Section 11
from which the east 1\16th of said Section 11 and 14 bears S 00004'01" W
253.93 feet with all bearings being relative to a bearing of S 89055'48" E
between the S \4 corner and the SE corner of said Section 11; thence N
89055'59" W 79.37 feet; thence N 00004'01" E 1075.80 feet; thence S
89055'59" E 79.37 feet to.a point on the east line of the SWtA SE'A of said
Section 11; thence S 00004'01" E along the east line of the SWIA SEtA of said
Section 11, 1075.80 feet to the point of beginning.
me:uJow\2exhibil.a
111111111111 nllll 1111I11111I111111111111I1111111111111
428413 11/11/1118 11l.14A COVENANT DlW!S SILV!
. .t ill It !l1.._ De." N .... PITKIN COUNTY CO
"',>~,:"
r".
. ,
EXHIBIT
"sn
m
ATHLETIC FIELDS DEVELO~ME~T ZONE
1111111 1111I1111111111I11111I1111111111111111111111 ~II
42e413 11/11/1881 1IIJ: 14A COVENANT IMY%S S%LV%
· 0' 1e It 5t.1Ilt II e.1e H e.1Ilt PlnaH COUNTY CO
,__..ltI,If,"'II _M"lt..._ .r..dUI
JJij
1(9
~.~; ~
J.ei'li
. . ~
!irr:7~
'i-'.~
I y~ 1]:
'U
_' _ C'l
. . 0
C:-;:~k' :u
'~Jo'll::: 0
.ox..", ~
~!~~
l:.o..~~
-, - r>T
~I~ "'
...~- :u
;;,t.~
-.'/
.'
.'
n , ,
I- . ~
., =
a ~
. ~ \
e
/
.'
0 ~
<:l
~ "'.,
~ (lJ., 'C;
::: ~
- nf
.~
Q llo)
0 (j./
(lJ
-~.
(1)
~
-
"
'. ..~... /
.-
.- /
./ "
--'
.-
"
.,
--~:.~"'.'.-:'
;'.=..-:::.~ /... . / -, .
-- -:: ;,.. "~'\ :~.~. /"'" ....~:., -'-"'~
7 L \.:L-. '__'>,.., ",
(}' h'.........,
'b "// . '.......,.....,"-
'\'i~~1~~V\\
,:I~~ "-/'
- ~. ~
"
"-
",
. '-
".
<9000
'.
~
~
<b
~
(l ,
,..;
".
Cl:
~
~
e
'l:l
Cl:
g
I
i
\
I
I
i
.
.
,
.. ;::,
...U ~
.,,.. ,
-oJi ]'/
-.. .. (
-...
-
:!1 J.
_>z /),
-g""
j!: /"
-t-... y/'
iijiiiize. "':':":1. -
e!!!1" : :. '
to! "
- .. :\
Uz \. iI
.$. J
-.. .. ~
-..,
_!is ~ .' i;i
co ~ .
... /\ ." .
:z -.
. .
.
-.. . ,.
-......
_..oa
-~ee ---' . .
...
..0lI
- ..
lil...
.... .-.-.....
l\11Sl , /" .,....0."
-..."
'.
....
ll)
;
t.,
l!}
:t:
:1,
;1'
'lJ
~.
r--.
PUBLIC NOTICE
RE: MOORE PROPERTY REZONING TO R-15, R-30, PUB, CONSERVATION AND
PARKS ZONE DISTRICTS
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, August 24, 1999 at
a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities
Room, City Hall, 130 S. Galena St., Aspen, to rezone the property to Moderate Density Residential
(R-15), Low Density Residential (R-30), Public (PUB), Conservation and Parks (P) Zone
Districts.
The property is located between the Aspen Highlands Ski Area (AHSA) and the High School
Complex. It is near the proposed Islin Park area. The primary access to the property is Maroon
Creek Road. For further information, contact Stephanie Millar at the Aspen/Pitkin Community
Development Department, 130 S. Galena St., Aspen, CO (970)920-5102.
s/Bob Blaich. Chair
Aspen Planning and Zoning Commission
Published in the Aspen Times on August 6, 1999
-------- -------------------------
----------------------------------
City of Aspen Account'
PUBUC NOTICE ." ,:'
RE: MOORE PROPERTY REZONING TO'R-IS, R-30, PUB, .~.'
CONSERVATION AND PARKS ZONE DISTRICTS,
NOTICE IS HEREBY.GIVEN that. a public hearing will be held on Tuesday,
August 24, 1999 at a me(!ti~g .to b~gin at. ~::{O p.m. b~~!.ore the Aspen.
Planning and Zoning COmIIIISSJOn. SIster CitIes. Romp., Ut;v:,f1all;. 130. S.;
Galena St., Aspen. to rezone the property to Moderate DensIty ~esldentlal
(R-15). L.ow Density Residential (R-:m), Public (PUB). CO!lSe~y"atlon.(C) and
Parks (I') Zone Districts. ' , .'
The property is located between the A.'lpen Highlands. Ski Area (AH~A) an~l
the High School Complex. It is near the pr?posed Iselm Park area. .The p~l-
mary access to the property is Maroon Creek Road. ,F~r '~urth~r mfor11.la- I
tion. contact Stephanie Millar at the Aspen,r Itkm Commumty I'
Development Department, 130:S. Galena St., Aspen, CO (970) 920-5102.
. ' , ' ' "s/~'B~aichi'Chair .
, . Aspen Planning and zo.ni;:CoJl'mi...non"
PubliShed In The Aspen TImes'~n Augll8t6, 19119;"
".,;:...' .
....-..,.....
.....,.
..',.
,-"
/"""1'.
FAX
To:
Tom Farrell, Aspen School District
Fax: 925-5721
From: Stephanie Millar, Aspen Community Development
Fax: 920-5439
RE: Moore PUD Rezoning
Tom,
Following is a copy of the public notice for the rezoning of the recently annexed Moore
PUD. Rezoning of a parcel following annexation is standard City procedure and this will
not impact the adopted PUD on the parcel.
Please call me if you have any questions. I can be reached at 920c5102
~i\
/)fJ
.-------
----
----
//
,
. ,
1
"
i;
,I
I.,; J,
.,.~.."",.~
,,,,,~,"i,,,',,,,,,,,,C~ '
..;,'.......,...._~,.~'.:~11~,--. 1 -';'-,...
\',
I)
I.
/'
II
1\
!)
./'/
, /f{
{( r~"
\:' l'-l If \-.
" \ ....
~w.;
. "',' .... 1 ,.
C. ., ". ,.~. ~."",., ,~
Ity of Aspen :~.i L.~~,~!t~.:: ,!~
.. ..,.:.-.,... ,.' ;:~ .&,.j,
",,"" "-:- " '" '~.!i.;"~~i" ,'. ."." .~ ~:":'4
~,,~ '.. .,.,..., ' . II' , ", .. 'I "'.
.... .,..",1.......".,.1 '.". ": loo
" ....,lI!I,,'#.a.:,.. "<> '
._~,' "..~~,"'",.",.
:"'oO.....~.:.'....,.:" ,.'..........'
. llreJ.:~) ..,.
-. .1 . ."'-..,. ~ d~J~
..' ,..:ft:~
........~~J!.
.~
'.
-
'''" .""" "'"",'.'
'~I ,".' ,. .../,".
· ;'... 'Ii ., "
..,'.. /' .,./' '"1"
"'.. -. .;.. /~-:':,' \ I \..<!..
· / \j,~,;';\, , "i .. .' ""'.
.. '1 . ~i...i,' : ....: I
. . , ; .... .. '.:'........,...,-.
Q .. ' . , '\ .
:J '---'A. FR 2 'i ." .
a.. . . ~ - rr.~:~:~." &('~;: ,........' ':;, :
~ . '.r"."-;;-<.::k')ii;t,."J . ;~~I\':
"" .......: .,.,;....",," """'iI.~.l" ., r
LL. . ",./ '1:"'~'~' .,:.....:':~,.,..~. ~'"l" ,.:.~
u. . "r .,'.. .,. ,: . '" .. ...
, <( ..':. ~ '..~ . ",,, ......,:;,....:..... . . ..... Public Zone
."., ''''\.'' ,,,,,.~", ",,(/.. ":,>'..:'.".:'i' (City of Aspen)
: \.... ,-. .:-: ~ ~:~; ~~:-~.~:; : )",:;:;.. r :;'" ... .'" ..'"
.J .;. ',"., "...,'-. '~'" .
f i ",., "'. ,~, ":,,,,: .::'~>~. ~..':';.'..' ',;,':'.' "'~/;>.',~,'.." ...~l:~~:~?,~;~~: ,i\ :.
:I . ~:...::,.., .'. ,. ' \\.:
· i .' ..,1"'" "A'FR "1 '. .,..(....:.; .. . ..\:
;' . -'" 11'
./' .~:.
t "
I
;(, ..~..'i'~;'::;'~;"'_"_'''_'''' ii,.
. ." AFR-10 I (.' :
. .:
,
/~:'
",'-:
."',
".;.
all'
:-'AFR-'fO ~
',-1
\'
\
\
\
\
'.
"
"
~:
.,
.
. ".'-'
.'
.' I
,
~ ,',"
"
" ,
.
.. I
. "
Pitkin County
"'wi'
" /'; ,/1. / '! ._
,/ ,'4' ,
;,' ", " ~ ....
",,' I. 1/ ;'.,}
/I/,-',;'''.! .' &
..,.' .' "R' -~o
,..:,,~~.;;;':~ /. .. . 'fi
, ,/ I
~ , ~ r
~",,,,,, "...,
fw,' " ",'
AR-'1
'"
..
,.'
.
4.
.
~
,'C~}ii .
':~~',;'l.
t'....
! :,:.,:;.::
~.' ,;.'.. ."
:/, ~~. ';",0
:. ~.... ~:"}
. ;l({;:
,,' "."
AFR-10
.
..
. ":i
.... 'i
. ,',
/'
'(
I,
.." .!
'. ~.l
", '~'~i:':':.;l1:::"-:.!.:';;
::'~:;"
4
." ....
"."
~:.~!':,:: :~;'
.,'<>:> ~ Area of Proposed Annexatic'n
,#'~~:~~':':~.:i~:;:,.;;:;/'"'' ':'... ....;".,.;.. .....:: "~'~~~'!!::':'.~ .
/.( I '.. ~..,." I '" '.' '"
~.f1 .... !ti;~;::Vi.j
~j.!f." " (~,.., f- ..../'.~"....." r;"; ~X!~.
. .. ---,," . i' '::,rl...""'.... 'l:o..
"It I o. 't..., .,. :~.".'~'
I'" . f' '- : ,te,,1l'
,;, .J "i.. \ '. ~~~:.~~'
.,,//' t';~:. .. . \ llW,~~
"..,. :'/ ~! ' .) , "...... :. . .~.~!:.. .\
if.' f~' "
1;1 t... ,:;' "
:.j - i:' / '. '.,
.". ,~.
. \. I
';j. ~.~. if.. t
'':,\ ' .IA ..~. ~. '-,1'
/
,,:,~;-:;'-:'~ '':'"
".
"': :.....,. ,.~".
\
.\
~. ......
"'.".:-.
I'
900
,
900
1800
3600 Feet
2700
o
N
E
Present Zone Districts
w
Prepared by the City of Aspen
Community Development Department
May 4, 1999
s
MAPC
t!