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Memorandum
To:
Mayor and City Council
Thru: Steve Barwick, City Manager
John Worcester, City Attorney
Julie Ann Woods, Community Development Director
From: Joyce A CHilson, Deputy Director...JAD
Date:
September 11, 2000
2nd Reading of Ordinance No. 35, Seriesof2000 reo Code o.&J .
Amendment Creating the Ski Area Base (SKI) Zone District, ", ~'OIle-v-
and ',AI crtt
2n'd Reading of Ordinance No. 36, Series of 2000 reo Initial City r'
Zoning of Aspen Highlands Village ',-- n.n 1_" .
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Summary and Background:
.itine"~9p,~l/l;b!jgtrla1TerS'i\li:rr~~~~~~tm'td'"WlWS~'ff~d1'0A~~m~".ApriJ..,~~"
~, Tile 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.)
cOnc!2:i::J:~~7"'57'f9"'em;''P'ftKrrf~ou'nTY''~Er~'1'J~t;~REr9m9J the.McE~l\lM><~.iQbl?ncl~
!jt\7lnage Ptrl5. The approved PUD for the site rncfu~s:' ~~
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Memorandum
To:
Mayor and City Council
Thru: Steve Barwick, City Manager
John Worcester, City Attorney
Julie Ann Woods, Community Development Director
From: Joyce A Ohlson, Deputy Director...JAD
Date: September 11, 2000
Re: 2nd Reading of Ordinance No. 35, Series of 2000 re, Code o.&J .
Amendment Creating the Ski Area Base (SKI) Zone District, ".. ~'Olle-v-
and ,Alcrtt
2n'd Reading of Ordinance No, 36, Series of 2000 reo Initial City r'
Zoning of Aspen Highlands Village ',. n.n 1_',.
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Summary and Background:
'TheA~p~8;b!jghlafJdSXli:rr8"g~'liI~i'fm~_'&iiy0'i3't'.&.~~w.e1'f"'Bn"'April.',.,2~.
€20'5'tf. Tne'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.)
IfiCOrj~~~~!'4'5;"f9"em;''P'itK1tr'COuiifY~l]'efrJ'1g!"~P.~5P~,,Qt the. A;B~t;!.igJ;1.!.flncl~
!1IiVmage PUD. The approved PUD for the site includes:,,,,'lii~ .... '.'
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.-"\, .0) .(, )::A. 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:
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. 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:
Th~" Planning 'p:nd Z.oning 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 underlyin9 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.
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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 Pial .
Blocks:
Block A: Lots 1-12,
Block A-Common Area/Ski Easements 1A, 2A
Biock 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
R-30 Low Density Res
C Conservation
RM F Res. Multi.family
RMF Res. Multi.family
SKI Ski Area Base
RMF Res. Multi-family
RMF Res. Multi-family
R-15 Mod. DenSity Res.
e Conservation
C Conservation
Other Parcels:
Parcel 1 , Parcel 2, Parcel 3, Parcel 4
Parcel A
C
C
Conservation
Conservation
'AII 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.
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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
"1 move to adopt Ordinance No. 36, Series of 2000, upon second reading."
City Manager Comments:
Exhibit A
Exhibit B
Exhibit C
Code Amendments
Standards of Review
Final Aspen Highlands Village Plat, Page 4
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ORDIl'IAl'ICE No. 35
(Series 2000)
A.1\ ORDINANCE OF THE CITY COUNCIL OF THE CITVOF ASPEN,
COLORADO APPROVING A.l\fEND:\lENTS TO THE TEXT OF THE CITY OF
ASPEN LAND USE CODE TO ADD LANGUAGE CREATING A NEW SECTION
26.710.330 SKI AREA BASE (SKI) AND AMEND SECTION 26.515.030 REQUIRED
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 l:and Use Code of the Aspen Municipal Code; and,
\YHEREAS, 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
\YHEREAS, this newly created zoning district shall be called Ski Area Base
(SKl) 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 SKl 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.
'CV'N5W, rlrrR'E~6RE;~E ji;:?6RtiX~~~D 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:
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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:
I.
2.
,
J.
4.
5.
6.
Alpine and nordic ski areas, related uses and support facilities typically
associated with the uses and operations of ski areas;
Lodge units:
Hotel:
Multi-family dwellings:
Detached residential or duplex dwellings:
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; ~. ~1 ~~ ~
Parks, outdoor recreational uses and trails; flY S-p.I'.-CA)."-Z
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Recreational facility: . V _
Retail establishments cts, 'iC~ V e.O'''''-v'L--~-t......0
II.
12.
13.
14.
Public transportation stop;
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Terminal building and transportation related facilities:
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Medical clinic accessory to the ski area; and
17.
Accessory Buildings and Uses.
18. Outdoor vendor carts or areas for food and beverages sales and
preparation.
C. COllditiollal uses. The following uses are permitted as conditional uses in the Ski
Area Base (SKl) zone district, subject to the standards and procedures established in
Chapter 26.425:
1. 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. Dimellsiollal requiremellts. The dimensional requirements which shall apply to
all permined 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. Siglls. Signs within the Ski Area Base (SKl) zone district shall be subject to the
provisions of Section 26.510, Signs. A sign master plan may be approved in
conjunction \Vith 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 SKl Zone
District Use to the existing parking chart) is amended by adding language as follows:
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Uses
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Zone District Lodge Residential All Others
\.'1 . SKI J .. ~, . Special Review * Special Review
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INTRODUCED, READ A.c~D ORDERED PUBLISHED as provided by law by
the City Council of the City of Aspen on the 14th day of August, 2000.
ATTEST:
CITY COUNCIL:
Kathryn S. Koch, City Clerk
Rachel E. Richards, Mayor
FIl\'ALL Y, adopted, passed and approved this _day of
.2000.
APPROVED AS TO FOR'!:
John \Vorcester, City Attorney
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ORDINANCE NO. 36
(Series of 2000)
AN ORDII\'ANCE OF THE CITY COlJNCIL OF THE CITY OF ASPEN
APPROVII\'G THE INITIAL ZONING OFASPEN HIGHLANDS VILLAGE PUD,
BY DESIGNATING CERT AII\' LANDS TO THE CONSERVATION (C),
MODERATE DENSITY RESIDENTIAL (R~15), LOW DENSITY RESIDENTIAL
(R-30), LODGEiTOURIST RESIDENTIAL (LiTR), RESIDENTIAL MULTI-
F AMIL Y (RlMF), SKI AREA BASE (SKI) AND PLAl'i'NED 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 Apri124, 2000, pursuant to Ordinance No. 08, Series of2000; and,
WHEREAS, the property is approximately 80= 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 conse!'\!ation (C), moderate density residential (R-15), low density
residential (R-30), lodge/tourist residential (LrrR), residential multi-family (RIMF), 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
_to_vote ( ), 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:
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SECTION 1:
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. 6th 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
Lands to be included in the :\Ioderate Density Residential (R-15) Zone District:
1. Block G, Lots 1-19
Lands to be included in the Residential Multi-Familv (MIF) Zone District:
1. Block B
2. Block C
, Block E
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4. Block F
Lands to be included in the Conservation (C) Zone District:
1. Common Areas & Ski Easements 1A and 2A (contained within Block A)
2. Common Areas & Ski Easements 1G, 2G, 3G, 4G and 5G (contained within Block G)
3. Block H
4. Parcell
5. Parcel 2
6. Parcel 3
7. Parcel 4
8. Parcel A
Lands to be included in the Ski Area Base (SKI) Zone District:
1. Block D
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Lands to be included in the Planned Unit Development (PUD) 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 t--1aroon Creek Road
right-of-way.
SECTIOI\' 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
th'ereto contained within Board of County COl11l11issioners of Pitkin' COUl1ty Resolution
No. 99- I 27 (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
acknowlegded that Pitkin County's Transfer of Development Rights (TDR) Program was
anticipated to be utilized within the subject PUD lands as a part of the approval of the
Aspen HigWands Village PUD. By virtue of this ordinance, the City of Aspen
acknowledges that the use of the TDR Program may be applied to the subject lands and
administered by the City Attorney in a manne.r 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 I, 1993. The density of development and pennitted 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
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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, ] A, 2A, G, ] G,
2G, 3G, 4G, 5G, H, Parcel I, 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-
]5, R-30, AFR-]O and AR-]) 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, High]ands Water and Sanitation District arid Hines-Highlands Limited
Partnership et. al., dated August 10, ] 998, 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 PliD will be exempt from the
requirements of the City of Aspen Land Use Code relating to 8040 Greenline Review and
Residential Design Standards.
A public hearing on the ordinance shall be held on the I I ,h of September, 2000, ih
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 ]4'h day of August, 2000.
ATTEST:
CITY COlTNCIL:
Kathryn S. Koch, City Clerk
Rachel E. Richards, Mayor
FINALLY, adopted, passed and approved this _day of
,2000.
APPROVED AS TO FORM:
John Worcester, City Attorney
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ASPEN HIGHLANDS VILLAGE
INITIAl CITY ZONING
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EXHIBIT A
Ski Area Base (SKI) Zone District
Related Code Amendments
Amend by adding language creating a new section 26.710.330 as follows:
26.710.330 Ski Area Base (SKI).
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 inc1udinl',
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 applv 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 followin" uses are permitted as of ri"ht in the Ski .-'\rea Base
(SKI) zone district:
I. Alpine and nordic ski areas. related uses and support facilities tvpicaljy
associated with the uses and operations of ski areas:
2. Lodge units:
3. Hotel:
4. Multi-familv dwellinl's:
5. Detached residential or duplex dwellinl's:
6. Dini:"_ rooms. customary accessory commercial uses, laundry and
recreational facilities located on the same site of and for guests of lodfle
units. hotels and dwellin" 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 inc1udinl' such events as ski races,
bicycle races and concerts;
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II, Parks, outdoor recreational uses and trails;
12. Recreational facility;
13. Accessory dwelling units meeting the provisions of Section 26.520.040;
14. Retail establishments
IS. Public transportation stop:
16. Terminal building and transportation related facilities;
17. Medical clinic accessory to the ski area;
18. Accessory Buildings and Uses: and
19. Outdoor vendor carts or areas for food and beverages sales and
preparation.
C. Conditional uses. The follo\\ing uses are permitted as conditional uses in the Ski
Area Base (SKI) zone district. subi ect to the standards and procedures established in
Chapter 26.425:
1.
Dav Care Center:
2.
Timesharing:
,
J.
Offices. business:
4.
Public and private surface and uIldenuound 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 applv 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. SiJ:ns. 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 POO review process allowing for the establishment of
dimensional and quantitv sign standards for the PUD.
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Amend Section 26.515.030, Required number of off-street parking spaces (add to
existing parking chart).
Uses
Zone District Lodge Residential All Others
SKI Special Review * Special Review
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Exhibit B
Standards of Review
Code Amendment &
Aspen Highlands Village PUD Initial Zoning
26.310.040 Standards of Review.
In reviewing an amendment to the text of this Title or an amendment to the
official zone district l}1ap, Jhe,n t,ity Council and the Planning and Zoning
~ __..,.-<< . ,'.....,"....-..1 ~,
Commission sh11U. consrae"r: .
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A. Whether the,pro'po~ed amendment is in conflict with any applicable
portiops ofthistitfe.
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:rStaf! Finding:. ,
, ,The proposed ioning is not in conflict with any portion of this title.
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,,::,8,. .W-hether the proposed amendment is consistent with all elements of
"th~ Aspen Area Community Plan.
Staff Finding:
The proposed zoning is consistent with the Aspen Area Community Plan.
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 zoning 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 Five Trees (Moore PUD) to the northeast,
which is zoned R-30, R-15 and Conservation and the Glen Eagle neighborhood
with AFR-10 County zoning. To the northeast is also the Aspen School District
facility (PUB) with the Iselin Park are~ zoned, P (PARK), to the north.
D. The effect of the proposed amendment on traffic generation and road
safety.
Staff Finding: _
The proposed zoning of this property does not impact traffic generation or road
safety beyond the impacts already anticipated and mitigated for under the
adopted PUD.
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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 neither places nor causes additional
demands on public facilities beyond the impacts already anticipated under the
adopted PUD. As part of the PUD, the developer is obligated to install the
necessary infrastructure, provide for open space, pay impact fees, and provide
affordable housing. As a part of the PUD approval, findings were made finding
that the PUD could be served by the services and facilities noted above in this
review standard.
F, Whether and the extent to which the proposed amendment would
result in significantly adverse impacts on the natural environment.
Staff Finding:
The proposed zoning 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. In that this action constitutes the initial zoning of
new lands of the City, the assigned zoning closely matches that of similarly
zoned and developed lands already in the City. These zoning designations are
intended to implement the AACP and, as a part of that, bring about the desired
character for this part of the City.
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 9C'
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.
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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 district
promote the purpose and intent of this Title and is in harmony with the public
interest.
C:home.joyce ,AHVCounc_ExB
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ORDINANCE NO. 36
(Series of 2000)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
APPROVING THE INITIAL ZONING OF ASPEN HIGHLANDS VILLAGKPUD,
BY DESIGNATING CERTAIN LANDS TO THE CONSERVATION (C),
MODERATE DENSITY RESIDENTIAL (R-15), LOW DENSITY RESIDENTIAL
(R-30), LODGE/TOURIST RESIDENTIAL (L1TR), RESIDENTIAL MUL 11-
FAMILY (RIMF), 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 8010 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 aduly
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 (L1TR), residential multi-family (R1MF), 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:
1111111111111111111111111111111111111111111111111111111
449207 11/28/2000 02:24P ORDINRNC DRVIS SILVI
1 of 8 R 40.00 D 0.00 N 0.00 PITKIN COUNTY CO
Il
SECTION 1:
That the City COlillcil 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 Hi2hlands Villa2e Planned Unit Development Description:
Parcels ofland situated in Sections 14 & 15, T. 10 S.R. 85 W. 6th 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
Lands to be included in the Moderate Density Residential (R-15) Zone District:
1. Block 0, Lotsl-19
Lands to be included in the Residential Multi-Familv (RIMF) Zone District:
1. Block B
2. Block C
3. BlockE
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 10,20,30,40 and 50 (contained within Block 0)
3. Block H
4. Parcell
5. Parce12
6. Parcel 3
7. Parcel 4
8. Parcel A
Lands to be included in the Ski Area Base (SKI) Zone District:
1. Block D
1111111111111111I11111111111111111111111111111111111111
449207 11/28/2000 02:24P ORDINANC DAVIS SILVI
2 of 8 R 40.00 D 0.00 N0,00 PITKIN COUNTY CO
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Lands to be included inthe Planned Unit Development (PUD) Overlav:
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 Ri!!:hts-of-Wav:
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 un:til 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. 423269, the "Aspen Highlands Village Planned Unit
Development Guide;', June 1998, recorded at Reception No. 423274, and amencln:J.ents
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
acknowledged that Pitkin County's Transfer of Development Rights (TDR) Program was
anticipated to be utilized within the subject PUD lands 'as a part 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 to 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 I, 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
11111111111111111111111111111111111111111I1111111111111
449207 11/28/2000 02:24P ORDINANC DAVIS SILVI
3 of 8 R 40.00 D 0,00 N 0.00 PITKIN COUNTY CO
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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, lA, 2A, G, I G,
2G, 3G, 4G, 5G, H, Parcell, 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-
IS, R-30, AFR-IO and AR-I) 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 sllch 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. a!., dated August 10, 1998, that certain provisions were agreed upon
having to do with the development and implementation qf 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 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 II Ih 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 14th day of August, 2000.
11111111111111111111111111111111111111111I1111I11111111
449207 11/28/2000 02:24P ORDINANC DAVIS SILVI
4 of 8 R 40.00 ,D 0,00 N 0,00 PITKIN COUNTY CO
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ATTEST:
,'" ":Kathryn'S.-' oi:h, City CI~
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!~iJi~';~A:PPRo,:,En AS TO FORM:
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John orc~er, City Attorney
FINALLY, adopted, passed and approved this 11 tl, day of September, 2000.
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"f\.:,Kathryn SiKo
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449206 11/28/2\ 02:23P ORDINANC DAVIS SILVI
1 0' 5 R 25.00 0 0.00 N 0.00 PITKIN COUNTY CO
ORDINANCE No. 35
(Series 2000)
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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 SKI AREA BASE (SKI) AND AMEND SECTION 26.515.030 REQUIRED
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 26.710.3"30 and
26.515.030 of the Land Use Code ofthe 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 apublic 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) v?te 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:
~
111111I 1111I1111I1 1p.q,1I11111 1111111111111 111111111 1111
449206 11/28/200~ ~2:23P ORDINANC DAVIS SILVI
2 of 5 R 25.00 D 0,00 N 0.00 PITKIN COUNTY CO
Section 1:
Creating Section 26.71 0.330 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,
lodgelhotel, 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:
I. 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
II. Parks, outdoor recreational uses and trails;
12. Recreational facility;
13. Retail establishments
14. Public transportation stop;
f'1
1111111 11111 111111 IIUJI 11111 11111 11111111 11111 11I11111
449206 11/28/200~ _~:23P ORDINANC DAVIS SILVI
3 of 5 R 25,00 D 0,00 N 0.00 PITKIN COUNTY CO
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
preparati,en.
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:
1. 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:
f""".
Ut~~6"~~!!~IIII~111111I111111I11111I111111111I1
4 of 5 R 25,0~0g000~02N3P00RDINRNC DRVIS SILVI
. ,00 PITKIN COUNTY CO
Uses
Zone District Lodge Residential All Others
SKI Special Review * Special Review
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 ina 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 II th 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 14th day of August, 2000.
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L,",J}.. /,t<;at&ItPS!,i .bh, City Clerk
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APPROVED AS TO FORM:
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Jolt orcester, City Attorney
FINALLY, adopted, passed and approved this II th day of September 2000.
t".,
/11111I 1111I 111111 Inl 11111 1111111111 III 11111 111I 1111
449206 11/28/2000 02:23P OROINRNC ORVIS SILVI
5 0' 5 R 25.00 0 0.00 N 0,00 PITKIN COUNTY CO
ATTEST:
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Rachel E. Richards, Ma ,or
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Memorandum
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To: Mayor and City Council
Thru:
Steve Barwick, City Manager
John Worcester, City Attorney 0,WIJ
Julie Ann Woods, Community Devefopment Director
From: Joyce A. Ohlson, Deputy Director '-*0
Cu\.{V\.c..ll 1st-
't"2Ld;?-
Date: August 14, 2000
Re: 1st Reading of Ordinance No. 35, Series of 2000 reo Code Amendment
Creating the Ski Area Base (SKI) Zone District,
and
1st Reading of Ordinance No. 36, Series of 2000 reo Initial City Zoning
of Aspen Highlands Village
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:
A,
. 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
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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 incfuded as Exhibit B, Legal descriptions
defining the zoning boundaries are incfuded 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 4
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 incfuded 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
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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 first reading."
Second Action: Recommended Motion
"I move to adopt Ordinance No. 36, Series of 2000, upon first reading."
City Manager Comments:
Exhibit A
Exhibit B
Exhibit C
Code Amendments
Standards of Review
Final Aspen Highlands Village Plat, Page 4
C:Home/joyce/AHVzoningConcMemo
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EXHIBIT A
Ski Area Base (SKI) Zone District
Related Code Amendments
Amend by addinli: language creating a new section 26.710.330 as follows:
26.710.330 Ski Area Base (SKI).
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;
~
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11. Parks, outdoor recreational uses and trails;
12. Recreational facility;
13. Accessory dwelling units meeting the provisions of Section 26.520.040;
14. Retail establishments
15. Public transportation stop;
16. Terminal building and transportation related facilities;
17. Medical clinic accessory to the ski area;
18. Accessory Buildings and Uses; and
19. Outdoor vendor carls 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:
1. 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.
A
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Amend Section 26.515.030, Required number of off-street parking spaces (add to
existing parking chart).
Uses
Zone District I Lodge Residential All Others
SKI I Special Review * Special Review
C:Joyce:home.SkiAreaZone
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Exhibit B
Standards of Review
Code Amendment &
Aspen Highlands Village PUD Initial Zoning
26.310.040 Standards of Review.
In reviewing an amendl\lent 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 zoning 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 zoning is consistent with the Aspen Area Community Plan.
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 zoning 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 Five Trees (Moore PUD) to the northeast,
which is zoned R-30, R-15 and Conservation and the Glen Eagle neighborhood
with AFR-10 County zoning. To the northeast is also the Aspen School District
facility (PUB) with the Iselin Park area zoned, P (PARK), to the north.
D. The effect of the proposed amendment on traffic generation and road
safety .
Staff Finding:
The proposed zoning of this property does not impact traffic generation or road
safety beyond the impacts already anticipated and mitigated for under the
adopted PUD.
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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 neither places nor causes additional
demands on public facilities beyond the impacts already anticipated under the
adopted PUD. As part of the PUD, the developer is obligated to install the
necessary infrastructure, provide for open space, pay impact fees, and provide
affordable housing. As a part of the PUD approval, findings were made finding
that the PUD could be served by the services and facilities noted above in this
review standard.
F. Whether and the extent to which the proposed amendment would
result in significantly adverse impacts on the natural environment.
Staff Finding:
The proposed zoning 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. In that this action constitutes the initial zoning of
new lands of the City, the assigned zoning closely matches that of similarly
zoned and developed lands already in the City. These zoning designations are
intended to implement the AACP and, as a part of that, bring about the desired
character for this part of the City.
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.
2
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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 district
promote the purpose and intent of this Title and is in harmony with the public
interest.
C: home.joyce.AHVCounc_ExB
3
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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 SKI AREA BASE (SKI) AND AMEND SECTION 26.515.030 nEQUlRED
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 aU se; 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 ofthe City of Aspen Municipal Code is hereby amended, as follows:
f""""\
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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;
II. Parks, outdoor recreational uses and trails;
12. Recreational facility;
13. Retail establishments
14. Public transportation stop;
r'\
15. Terminal building and transportation related facilities;
16. Medical clinic accessory to the ski area; and
17, Accessory Buildings and Uses.
18. 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:
1. 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:
Uses
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Zone District Lodge Residential All Others
SKI Special Review * Special Review
ATTEST:
CITY COUNCIL:
Kathryn S. Koch, City Clerk
RacheIE.Ftichards,~ayor
FINALLY, adopted, passed and approved this _day of
,2000.
APPROVED AS TO FORM:
John Worcester, City Attorney
C,home/joyce.AHV councSKIcode _amend
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ORDINANCE NO. 36
(Series of 2000)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
APPROVING THE INITIAL ZONING OF ASPEN HIGHLANnS V'ILLAGEPtJD,
BY DESIGNATING CERTAIN LANDS TO THE CONSERVATION (C),
MODERATE DENSITY RESIDENTIAL (R-I5), LOW DENSITY RESIDENTIAL
(R-30), LODGE/TOURIST RESIDENTIAL (L/TR), RESIDENTIAL MULTI~
F AMIL Y (RIMF), 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 of2000; and,
WHEREAS, the property is approximately 80", 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 (L1TR), residential multi-family (RIMP), 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
_to_vote ( ), 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:
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SECTION 1:
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. 6th 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
Lands to be included in the Moderate Density Residential (R-IS) Zone District:
L Block G, Lots 1-19
Lands to be included in the Residential Multi-Family (R/MF) Zone District:
1. 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 lA and 2A (contained within Block A)
2. Common Areas & Ski Easements IG, 2G, 3G, 4G and 5G (contained within Block G)
3, BlockH
4. Parcell
5. Parce12
6. Parcel 3
7. Parcel4
8. Parcel A
Lands to be included in the Ski Area Base (SKI) Zone District:
1. Block D
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Lands to be included in the Planned Unit Development (PUD) Overlay:
1. Blocks A, B, C, D, E, F, G & H
2. Parcels I, 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
acknowlegded that Pitkin County's Transfer of Development Rights (TDR) Program was
anticipated to be utilized within the subject PUD lands as a part 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 to 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 I, 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
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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, lA, 2A, G, 1G,
2G, 3G, 4G, SG, H, Parcell, 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 POO 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. aI., 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,
A public hearing on the ordinance shall be held on the 11th 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 14th day of August, 2000.
ATTEST:
CITY COUNCIL:
Kathryn S. Koch, City Clerk
RacheIE.Ftichards,~ayor
FINALLY, adopted, passed and approved this _day of
,2000.
APPROVED AS TO FORM:
John Worcester, City Attorney
Chomeooyce.AHVcounc _ord
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MEMORANDUM
TO:
Aspen Planning and Zoning Commission
THRU:
Julie Ann Woods, Community Development Director
FROM:
Joyce A. Ohlson, Deputy Director-JA-o
RE:
Aspen-Highlands Village Initial City Zoning-Public Hearing
DATE:
April 25, 2000
BACKGROUND:
The public hearing for the above-mention land use action needs to be continued to
another date due to lack of posting the property in time for a hearing on April 25'h,
2000.
RECOMMENDATION:
Staff recommends that the public hearing be opened and continued to May 16,
2000.
RECOMMENDED MOTION:
"I move to continue the public hearing regarding the initial zoning of the Aspen-
Highlands Village annexed area to the Planning and Zoning commission meeting
of May 16, 2000."
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Memorandum
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To: Aspen Planning and Zoning Commission r ~::J::;
Thru: Julie Ann Woods, Community Development Director ~'V).-
From: Joyce A. Ohlson, Deputy Director
Date: July 18, 2000
1<-(:.1;0. 2~
Land Use Code Amendment Creating the Ski Area Base (SKI) Zone
District
Initial City Zoning of Aspen Highlands Village ~ "'1..
Public Hearings ~. i.-,
Re:
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, were set aside as open space as part of the PUD.
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:
. 63 free-market housing units
. 112 affordable housing units, including sale and rental units
. 10 caretaker or accessory dwelling units
. 73 tourist accommodation units
A
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 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.
-
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 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.
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Review criteria and staff findings are included as Exhibit B. Legal descriptions
defining the zoning boundaries are included in the proposed resolution.
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.
Page 4 of the Final Plat shows the legal lot layout. The attached site plan
indicates the land uses contained within the various blocks.
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 4
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
*AII 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.
Recommendation
Staff recommends that the Planning and Zoning Commission first take action to
recommend adoption of the Land Use Code amendments as contained within
Resolution No. . Then as a second action, recommend adoption of the zoning
designations to Aspen Highlands Village as contained within Resolution No. 27,
contingent upon the Council's amendment to the LandUse.CQge as put forth in
Resolution No. . ~-----,__
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First Action: Recommended Motion
"I move to approve Resolution No. ,Series of 2000, recommending City
Council amend the Land Use Code to create the Ski Area Base (SKI) zone
district and amending related sections of the Land Use Code as contained within
the Resolution, finding that these amendments comply with the standards of
review set forth in Section 26.310.040."
Second Action: Recommended Motion
"I move to approve Resolution No. 27, Series of 2000, recommending City
Council establish the zoning for the Aspen Highlands Village PUD as contained
within the Resolution, finding that this zoning complies with the standards of
review set forth in Section 26.310.040 of the Land Use Code, contingent upon
the Council's amendment of the Land Use Code as put forth in Resolution No. ~
,
Exhibit A
Exhibit B
Code Amendments
Standards of Review
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RESOLUTION No. :ti
(Series 2000)
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING CITY COUNCIL APPROVE AMENDMENTS TO THE
TEXT OF THE CITY OF ASPEN LAND USE CODE TO ADD LANGUAGE
CREATING A NEW SECTION 26.710.330 SKI AREA BASE (SKI) AND AMEND
SECTION 26.515.030 REQUIRED 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 opened the 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 _ to _ L -,j, City Council adopt the proposed amendments the text of the Land Use
Code, as described herein.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Aspen City Council amend the Land Use Code of the Municipal Code, as
follows:
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Section 1:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council add Section 26.710.330 Ski Area Base
(SKI) by adding 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 ofright in the Ski Area Base
(SKI) zone district:
1.
Al ine and nordic ski areas, related uses and su
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ortfaciliti.es; ~1,' ~
c>tr"-'..."r St. ~s.
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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;
8. Ski area administrative offices;
10.
S ecial events
such events as
a
9. Restaurants and bars;
11. Parks, outdoor recreational uses and trails;
12. Recreational facility;
13. Accessory dwelling units meeting the provisions of Section 26.520.040;
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14. Retail establishments
15. Public transportation stop;
16. Terminal building and transportation related facilities;
17. Medical clinic accessory to the ski area; and
18. Accessory Buildings and Uses.
C. Conditional uses. The following uses are permitted as conditional uses in the Ski
Area Base (SKI) zone district, subject to the' standards arid procedures established hi
Chapter 26.425:
1. Day Care Center;
2. Timesharing;
3. Offices, business;
4,
Public and private surface and underground parking areas;
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5.
Essential governmental and public utility uses, facilities, services and
buildings (excluding maintenance shops);
6.
Post office substation; and
7.
Outdoor vendor carts or areas for food and beverages sales and
preparation.
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 forthePUD.
Section 2:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.515.030, Required
Number of Off-Street Parking Spaces (to add SKI Zone District Use to the existing
parking chart) by adding by adding language as follows:
f""'1
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Uses
Zone District Lodge Residential All Others
SKI Special Review * Special Review
APPROVED by the Commission during a public hearing on July 18, 2000.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
City Attorney
Robert Blaich, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
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RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING CITY COUNCIL ZONE ASPEN HIGHLANDS VILLAGE
PUD TO THE CONSERVATION (C), MODERATE DENSITY RESIDENTIAL
(R-15), LOW DENSITY RESIDENTIAL (R-30), LODGErrOURIST
RESIDENTIAL (LrrR), RESIDENTIAL MUL TI-F AMIL Y (R/MF), SKI AREA
BASE (SKI) AND PLANNED UNIT DEVELOPMENT OVERLAY (PUD) ZONE
DISTRICTS.
PARCEL NO. 2735-142-13-001
Resolution No. 27, Series of 2000
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 80:1: 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 (L1TR), residential multi-family (RlMF), ski
area base (SKI) and Planned Unit Development Overlay (PUD) Zone Districts; and,
WHEREAS, the bounqaries for said zone district designations are described
below; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that this
Resolution furthers and is necessary for the promotion of public health, safety, and
welfare; and
WHEREAS, during a duly noticed public hearing on July 18, 2000, before the
Planning and Zoning Commission took and considered public testimony and
recommended, by a _to_vote ( ), City Council include this property in the
aforementioned zone districts, as described.
NOW, THEREFORE BE IT RESOLVED by the Commission:
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SECTION I:
That the City Council should 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 Hi~hlands ViIla~e Planned Unit Development Description:
Parcels ofland situated in Sections 14 & 15, T. 10 S.R. 85 W. 6th 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.D.D. Final Plat,
pages 1-10, as noted above.
s:-ce..
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Lands to be included in the Low Density Residential (R-30) Zone District:
1. Block A, Lots 1-12
Lands to be included in the Moderate Density Residential (R-tS) Zone District:
1. BlockG,Lots 1-19
Lands to be included in the Residential Multi-Family (RIMF) Zone District:
1. 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 IA and 2A (contained within Block A)
2. Common Areas & Ski Easements I G, 2G, 3G, 4G and 5G (contained within Block G)
3. BlockH
4. Parcel 1
5. Parcel2
6. Parcel 3
7. Parcel4
8. Parcel A
Lands to be included in the Ski Area Base (SKI) Zone District:
1. Block D
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Lands to be included in the Planned Unit Development (PUD) 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. ~ ~~
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SECTION II: , \W' Q)'J' Q;f \ 'IV'
It is acknowledged through this resolution 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 ('\ 0)0'
County and now considered a Conditional Use by the City of Aspen are incorporated as \V" \
approved uses and do not necessitate a Conditional Use review until such time as new, ~..t'\
expanded, or modified Conditional Uses are proposed. The documents "Aspen "..Y t>'tY'
Highlands Village: Detailed Submission Consolidated Plan", September 191 and the \Y ~~
"Aspen Highlands Village Planned Unit Development Guide", June 199 , shal serve as'" ~" 0:-
documentation of the approved uses by right and by special revi ich are t e subject ~ ;~
of this seJion. ~~ 'l)'V'I'll( ~~
SECTION\)II:r .Y .1L k'l.:1.Io1?\ ~ov- ~> ~ ~
'~\~~. ~'~
It is acknowledged through this resolution that the Aspen Highlands Village PUD was ~ ~ Jt
prepared and approved based upon Pitkin County zoning and the Land Use Code in effect ~.gs(
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 Re.b'll\\J.-t).)A
Development Guide" June 1998 and the "Aspen Highlands Village General Submission t\. q ....l1.r
Consolidation of Documents and Materials Plan", December 1995. The entire Aspen N'O"
HigWands Village subject property was factored into calculating the overall density and
floor area for the PUD. This resolution now zones Blocks A, lA, 2A, G, IG, 2G, 3G,
4G, 5G, H, Parcell, 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-lO and AR-l) 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
~at ands now zoned Conservayon (C) 'YJ:re {ormerly zoned for more Jptensive land uses
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and the rights associated with such lands were considered by Pitkin County in
establishing the maximum floor area and density limitations.
APPROVED by the Commission at its regular meeting on July 18, 2000.
APPROVED AS TO FORM:
PLANNING AND
COMMISSION:
ZONING
City Attorney
Robert Blaich, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
C,home/joyce,AHVPZ Jeso
Post-it" Fax Note
7671
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EXHIBIT A
Ski Area Base (SKI) Zone District
Related Code Amendments
Amend by adding language creating a new section 26.710.330 as follows:
26.710.330 Ski Area Base (SKI).
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:
2.
4.
~10.
1.
Alpine and nordic ski areas, related uses and support facilities;
Lodge units;
3.
Hotel;
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;
8,
Ski area administrative offices;
9.
Restaurants and bars;
Special events normally associated with ski areas including such events as
ski races, bicycle races, concerts that have been approved through a
temporary use permit;
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11. Parks, outdoor recreational uses and trails;
12. Recreational facility;
13. Accessory dwelling units meeting the provisions of Section 26.520,040;
14. Retail establishments
15. Public transportation stop;
16. Terminal building and transportation related facilities;
17. Medical clinic accessory to the ski area; and
18. Accessory Buildings and Uses.
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);
6. Post office substation; and
7. Outdoor vendor carts or areas for food and beverages sales and
preparation.
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.
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Amend Section 26.515.030, Required number of off-street parking spaces (add to
existing parking chart),
Uses
Zone District Lodge Residential All Others
SKI Special Review * Special Review
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Exhibit B
Standards of Review
Code Amendment &
Aspen Highlands Village PUD Initial Zoning
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 zoning 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 zoning is consistent with the Aspen Area Community Plan.
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 zoning 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 Five Trees (Moore PUD) to the northeast,
which is zoned R-30, R-15 and Conservation and the Glen Eagle neighborhood
with AFR-10 County zoning. To the northeast is also the Aspen School District
facility (PUB) with the Iselin Park area zoned, P (PARK), to the north.
D. The effect of the proposed amendment on traffic generation and road
safety .
Staff Finding:
The proposed zoning of this property does not impact traffic generation or road
safety beyond the impacts already anticipated and mitigated for under the
adopted PUD.
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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 neither places nor causes additional
demands on public facilities beyond the impacts already anticipated under the
adopted PUD. As part of the PUD, the developer is obligated to install the
necessary infrastructure, provide for open space, pay impact fees, and provide
affordable housing. As a part of the PUD approval, findings were made finding
that the PUD could be served by the services and facilities noted above in this
review standard.
F. Whether and the extent to which the proposed amendment would
result in significantly adverse impacts on the natural environment.
Staff Finding:
The proposed zoning 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. In that this action constitutes the initial zoning of
new lands of the City, the assigned zoning closely matches that of similarly
zoned and developed lands already in the City. These zoning designations are
intended to implement the AACP and, as a part of that, bring about the desired
character for this part of the City.
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.
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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 district
promote the purpose and intent of this Title and is in harmony with the public
interest.
7
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PLANNING & REAL ESTATE CONSULTING
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March 17, 2000
Joyce Ohlson
Aspen pitkin Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Aspen Highlands Village: Zoning Analysis for Annexation
Dear Joyce:
Davis Horn Incorporated and Kaufman & Peterson represent Hines, the
developer of Aspen Highlands Village (AHV) Planned Unit Development
(PUD). The City of Aspen is in the process of annexing and zoning
AHV PUD. The purposes of this letter are to:
1. Describe the planned and approved uses in the PUD.
2. Present the existing pitkin County zoning for AHV PUD.
3. Contrast the existing pitkin County zoning with
comparable City zoning.
4. Recommend appropriate zoning for AHV PUD.
Land Use Plan and Approvals
Attachment 1, an 11" x 17" drawing depicts and overall site plan
for the AHV PUD. Lots and buildings are noted numerically or
alphabetically to facilitate review. The Village is divided into
three neighborhoods: the Village Core, Maroon neighborhood and
Thunderbowl neighborhood. Table 1, Aspen Highlands Village: Land
Use Data describes proposed land uses in tabular form.
#
The Apsen Highland Village Planned Unit Development Guide (PUD
Guide), June 1998, the Aspen Highlands Village Detailed Submission
Consolidated Plan Final Draft, Aspen Highlands Village: Final Plat
are the approval documents for the PUD. As part of the approval,
pitkin County approved the further subdivision of the Village Core,
ALICE DAVIS, A1CP I GLENN HORN, A1CP
215 SOUTH MONARCH 51 . SUITE 104 . ASPEN, COLORADO 81611 . 970/925-6587 . FAX. 970/925-5180
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TABLE 1
ASPEN HIGHLANDS VILLAGB POD
LAND USJ!lI)X'tA
GUIDB:
Residential , Tourist Accommodation Land Uses
Type of Units HUmber
-------------------------------------------------------------------
pree Karltet*
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 lone Bdr. Sale units 8
Category 1 two Bdr. Sale units 8
Category 3 one Bdr. rental units 2
Category 3 two Bdr. rental units 5
Subtotal
112
Caretaker Dwelling Units,***
10'
Tourist Accommodation Units****
73
Commercial Land Uses
Use
Non-Exempt Square Feet*****
,,-.... .." .'.. ..... .... ...... _,,,.:r._ ""'.' ",';",,"._..,:"_ '-',':'.:,.~':..i..-_ ,':' :...:.:.:. ....,........ '".:' ",", .,,"'_ ',' .... ..... ",
-------------------------------------------------------------------
Restaurant
Retail
Accessory Skier Services******
Condominium & Meeting Rooms
Ski Area Storage
14,125
21,600
12,000
4,800
2,200
Subtotal
54,725
-------------------------------------------------------------------
* Twenty free-market single family dwelling units in the Maroon
and Thunderbowl Neighborhoods (Blocks A & G) wiil be developed
pursuant to the acquisition of Transferable Development Rights
(TOR'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
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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 POD 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 POD Guide.
*****'All figures represent Net Leasable Area (NLA) as defined in
the definition section of the PUD Guide.
****** The USFS may use a portion of the Accessory Skier services
space as a visitors center.
Source,: Davis Horn Incorporated, April, 1998
AHV.FPT
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Joyce Ohlson
March 17, 2000
Page 4
(Blocks C, D and E).
condominium plats with
further subdivision of
Core are developed.
The developer will file townhouse and
the City of Aspen in the future for the
the Village Core as lands in the Village
Dimensional and Use Requirements
Attachment 2, an 11" x 17" drawing Z-1- from the Aspen Highlands
Village Final Draft Detailed Submission Consolidated Plan, depicts
the zoning plan adopted by pitkin County, Zoning for Aspen
Highlands Village includes the R-30 PUD, R-15 PUD, AH PUD, AR-1
PUD, AHO PUD, and AF-SKI zone districts, The City of Aspen will
not be annexing and zoning any AF-SKI lands, therefore the AF-SKI
zone district is not addressed in this analysis.
Dimensional requirements for AHV and definitions specific to the
PUD are contained in the Apsen Highland Village Planned Unit
Development Guide (PUD Guide), June 1998 and the Aspen Highlands
Village Detailed Submission Consolidated Plan Final Draft. Since
these documents will be adopted as part of the zoning process and
establish applicable dimensional requirements, the primary focus of
the zoning process should be determining appropriate City of Aspen
zoning to guide Permitted Uses, conditional uses and prohibited
uses.
The following sections identify the "Intent, Allowed and Special
Review uses" in the County zone districts followed by the purpose,
permitted and conditional uses in the comparable City of Aspen zone
district, The "Intent" section in the Pitkin County Land Use Code
(Code) is comparable to the "Purpose" section of the City of Aspen
Land Use Regulations (Regulations) "Allowed Uses" in the Code are
comparable to "Permitted Uses in the Regulations and "Special
Review" uses in the Code are comparable to "Conditional Uses" in
the Regulations. In both the Code and Regulations uses which are
not listed are prohibited.
Code and Regulation language appears in bold followed by our
comments which are not in bold.
pitkin County R-30 Suburban Density Residential
vs.
City of Aspen R-30 Low Density Residential
pitkin County R-30 Suburban Density Residential
A. Intent: The R-30, Suburban Density Residential district
is intended to provide areas for suburban density, single
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Joyce Ohlson
March 17, 2000
Page 5
family, residential dwelling units with customary
accessory uses. Duplex dwelling units may be considered
by special review. The district should provide a
comfortable, healthy, safe and pleasant environment,
sheltered from incompatible and disruptive activities.
The district is anticipated to be located in proximity to
the City of Aspen and the historic Redstone Townsite.
Recreational and institutional uses customarily found
nearby residential uses are envisioned to be permitted or
special review uses.
B. Allowed Uses: The following uses are allowed as of right
in the Suburban Density Residential (R-30) Zone District.
1. Accessory Buildings and Uses
2. Bus Stop
3. Crop Production
4. Home Occupations
5. Parks, Playground, Playing Fields
6. Prefabricated Homes not requiring building code
exceptions
7. Single Family Dwelling Units with five (5) or less
bedrooms and/or less than 15,000 square feet of
floor area
8. Solar Energy Collectors (Private Use)
9. Trails
C. Special Review Uses: The following uses are subject to
special review:
1. Agriculture Stands
2. Caretaker Dwelling Units
3. Cemeteries
4. Churches
5. Club Houses or Recreational Buildings Used in
connection with and accessory to a permitted
outdoor recreational use
6. Community Health Facilities
7. Day Care Centers
8. Duplex Dwelling Units
9. Employee Dwelling Units
10. Farm Buildings
11. Golf Courses
12. Nursing, Convalescent, Rest, and Retirement Homes
13. Outdoor Recreational Uses
14. Satellite Reception Devices
15. Schools / Universities
16. Sewage Disposal Areas / Landfills / Water Plants
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Joyce Ohlson
March 17, 2000
Page 6
17. Single Family Dwelling Units with six (6) or more
bedrooms and/or more than 15,000 square feet of
floor area
18. Uses, Activities and Facilities Permitted by
Special Use Permit Issued by Federal Agencies
19. Water Crossing and Diversion
The Thunderbowl neighborhood, which is located on the east side of
the PUD, is currently zoned R-30 PUD (see Attachment 1). This area
will be developed with single-family dwelling units, a ski trail
and a ski lift. The High School ski lift and the existing ski
trail were approved as "special review uses."
Thirteen Caretaker dwelling units, which are comparable to
Accessory Dwelling units, have been approved for this zone district
and the County R-15 PUD zone district subject to the specific
definitions and procedures in Section VIII. of the PUD Guide.
Duplex dwelling units are permitted in the district subject to
special review.
City of Aspen R-30 Low Density Residential
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 ccmditional
uses. Lands in the Low-Density Residential (R-30) zone
district are typically located along river frontages in
outlying areas of the City.
B. Permitted Uses. The following uses are permitted as of
right in the Low-Density Residential zone district.
l.
2.
3 .
Detached residential dwelling;
Duplex;
Farm building and use, provided that all
buildings and storage areas are located at
100 feet from pre-existing dwellings on other
Home occupations; and
Accessory buildings and uses.
such
least
lots;
4.
5.
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 26.60.
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Joyce Ohlson
March 17, 2000
Page 7
1. Open Use recreation site;
2. Public and Private academic school;
3. Church;
4 . Group home;
5. Day care center;
6. Museum; and
7. Accessory dwelling units meeting the provisions of
Section 26.40.090 of this Code.
The use and definition of an accessory dwelling unit contained in
Section 26.40.090 of the Regulations is somewhat inconsistent with
the definition of caretaker dwelling units in the PUP Guide.
Duplex dwelling units are permitted as use by right by the
Regulations, but are prohibited by covenant in the Thunderbowl
neighborhood.
The Regulations do not specifically permit the High School Lift and
the beginner ski trail which provides skier access to the
Thunderbowl neighborhood. However, the City Council could find
that the High School lift and ski trail are "accessory buildings
and uses" approved as "conditional uses.
RecoIllIllendations
We make the following recommendations regarding the R-30 PUD zoned
lands.
1. Those lands zoned County R-30 PUD should be zoned City R-
30 PUP.
2. The City Council should find that the High School lift
and beginner ski trail accessing the Thunderbowl
neighborhood are "accessory buildings and uses"approved
as conditional uses in the R-30 PUD zone.
3. The PUD Guide shall be utilized for definitions and
dimensional requirements.
4, Twelve caretaker dwelling units may be developed by right
in the R-30 PUP subject to the procedures in the PUD
Guide. The caretaker dwelling unit definition in the PUD
Guide shall be used to define the caretaker dwelling
units.
Pitkin County R-15 PUD Moderate Density Residential
vs.
City of Aspen R-15 PUD Moderate Density Residential
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Joyce Ohlson
March 17, 2000
Page 8
A. Intent: The R-15, Moderate Density Residential district
is intended to provide areas for moderate density, single
family, residential dwelling units with customary
accessory uses. The district should provide a
comfortable, healthy, safe and pleasant environment,
sheltered from incompatible and disruptive activities.
The district is anticipated to be located adjacent to the
City of Aspen. Recreational and institutional uses
customarily found nearby ~esidential uses are envisioned
to be permitted or special review uses.
B. Allowed Uses: The following uses are allowed as of right
in the Moderate Density Residential (R-15) Zone District.
1. Accessory Buildings and Uses
2. Bus Stop
3. Crop Production
4. Home Occupations
5. Parks, Playground, Playing Fields
6. Prefabricated Homes not requiring building code
exceptions
7. Single Family Dwelling Units with five (5) or less
bedrooms and/or less than 15,000 square feet of
floor area
8. Solar Energy Collectors (Private Use)
9. Trails
C. Special Review Uses: The following uses are subject to
special review:
1. Agriculture Stands
2. Caretaker Dwelling Units
3. Cemeteries
4. Churches
5. Club Houses or Recreational Buildings Used in
connection with and accessory to a permitted
outdoor recreational use
6. Community Health Facilities
7. Day Care Centers
8. Employee Dwelling Units
9. Farm Buildings
10. Golf Courses
11. Nursing, Convalescent, Rest, and Retirement Homes
12. Outdoor Recreational Uses
13. Satellite Reception Devices
14. Schools / Universities
15. Sewage Disposal Areas / Landfills / Water Plants
16. Single Family Dwelling Units with six (6) or more
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Joyce Ohlson
March 17, 2000
Page 9
bedrooms and/or more than 15,000 square feet of
floor area
17. Uses, Activities and Facilities Permitted by
Special Use Permit Issued by Federal Agencies
18. Water Crossing and Diversion
The Maroon neighborhood, which is located on the west side of the
PUD, is currently zoned R-15 PUD (see Attachment 1). This area
will be developed with single-family dwelling units and ski trails
accessing the lots. As noted in the previous section, pitkin
County has approved 13 Caretaker dwelling units which may be
developed in the R-30 PUD and R-15 PUD subject to compliance with
the procedures in the PUD Guide.
City of Aspen R-15 Moderate Density Residential
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-lS)
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 (R-15) zone
district.
B. Permitted Uses. The following uses are permitted as of
right in the Moderate-Density Residential zone district.
1. 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 Low-Density Residential (R-15)
zone district, subject to the standards and procedures
established in Chapter 26.60. '
1. Open Use recreation site;
2. Public and Private academic school;
3. Church;
4. Group home;
A.
Joyce Ohlson
March 17, '2000
Page 10
5. Day care center;
6. Museum; and
7. Lodge, where indicated by designation as a Lodge
Overlay District (L) pursuant to Section 26.28.310;
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 26.40.090 of this Code.
Recommendations
We make the following recommendations regarding the R-30 PUD zoned
lands.
1. Those lands zoned County R-15 PUD should be zoned City R-
15 PUD.
2 .
The City Council should find that ski
"accessory buildings and uses" approved as
uses in the R-15 PUD zone.
trails are
conditional
3. The PUD Guide shall be utilized for definitions and,
dimensional requirements.
4. Thirteen caretaker dwelling units may be developed by
right in the R-30 PUD subject to the procedures in the
PUD Guide. The caretaker dwelling unit definition in the
PUD Guide shall be used to define the caretaker dwelling
units.
Pitkin County AH PUD Affordable Housing
vs.
City of Aspen Affordable Housing PUD (AH1/PUD)
Pitkin County AH Affordable Housing
A. Intent: The AH, Affordable Housing, district is intended
to provide land for the production of income and price
restricted housing of all types. The district provides
affordable housing opportunities for permanent residents
of pitkin County in a comfortable, healthy, and safe
location sheltered from incompatible and disruptive
activities. The district need not be located in
proximi ty to incorporated or unincorporated towns but
should be located in areas with minimal impacts on
surrounding areas, free of environmental hazards.
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Joyce Ohlson
March 17, 2000
Page 11
B. Allowed Uses: The following uses are allowed as of right
in the Affordable Housing (AH) Zone District.
1. Accessory Buildings and Uses
2. Bus Stop
3. Crop Production
4. Day Care Centers
5. Home Occupations
6. Mobile Homes
7. Parks, Playground, Playing Fields
8. Single Family Dwelling Units with five (5) or less
bedrooms and/or less than 15,000 square feet of
floor area
9. Solar Energy Collectors (Private Use)
10. Trails
C. Special Review Uses: The following uses are subject to
special review:
1. Agriculture Stands
2. Caretaker Dwelling Units
3. Cemeteries
4. Churches
5. Club Houses or Recreational Buildings Used in
connection with and accessory to a permitted
outdoor recreational use
6. Community Health Facilities
7. Dormitory Housing
8. Duplex Dwelling Units
9. Employee Dwelling Units
10. Farm Buildings
11. Golf Courses
12. Multi-Family Dwelling Units
13. Nursing, Convalescent, Rest, and Retirement Homes
14. Outdoor Recreational Uses
15. Personal Service Outlets: Food stores, drug
stores, post office substation, self-service
laundries, dry cleaning outlets and liquor stores;
provided that, in the B-2 zone district, no
individual use shall exceed 10,000 square feet in
total floor area; the total space shall be limited
to 80 square feet or gross leasable space per
dwelling unit in the district
16. Prefabricated Homes not requiring building code
exceptions
17. Satellite Reception Devices
18. Schools / Universities
19. Sewage Disposal Areas / Landfills / Water Plants
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Joyce Ohlson
March 17, 2000
Page 12
20.
Uses, Activities
Special Use Permit
Water Crossing and
and Facilities
Issued by Federal
Diversion
Permitted
Agencies
by
21.
Attachment 1 shows a 2,7 acre parcel on the east side of the PUD
and a .7 acre parcel on the west side of the PUD are currently
zoned AH PUD. Single family and duplex affordable housing dwelling
units will be constructed in these areas.
,City of Aspen Affordable Housing/Planned Unit Development (AH1/PUD)
A. Purpose. The purpose of the Affordable Housing (AH) zone
district is to provide for the use of land for the
production of Category 1, 2, 3, and 4 affordable housing
and resident occupied lots and units. The zone district
also, permits a limited component of free market
lots/units to off-set the cost of developing affordable
housing. It is contemplated that land may also be
subdivided in connection with a development plan.
The affordable Housing l/PUD (AH) zone district is
intended for residential use primarily by permanent
residents of the community. Recreational and
institutional uses customarily found in proximity to
residential uses are included as conditional uses. Land
in the Affordable Housing (AH1/PUD) district should be
scattered throughout the city to ensure a mix of housing
types, including those which are affordable by its
working residents; at the same time the Affordable
Housing (AH l/PUD) zone district can protect the city's
neighborhoods from rezoning pressures that other
noncommunity oriented zone districts may produce.
Further, land in the Affordable Housing (AH l/PUD) zone
district should be located within walking distance of the
center of the city, or transit routes. The city AH1/PUD
zone only applies within the Aspen Municipal boundaries.
B. Permitted Uses. The following uses are permitted as of
right in the Affordable Housing (AH1/PUD) zone district.
1. Residential uses restricted to the Category 1,2,3,
and 4 affordable housing guidelines....
2. Home occupations
3. Accessory buildings and uses.
C. Condi tional Uses. The following uses are permitted as
conditional uses in the Affordable ,Housing (AH) zone
district, subject to the standards and procedures
,.......,
.
Joyce Ohlson
March 17, 2000
Page 13
established in Chapter 26.60.
1. Open use recreation site;
2. Day care center;
3. Satellite dish antennae;
4. Dormitory; and
5. Transit facilities.
The permitted and conditional uses listed above are consistent with
the uses listed in the County AH zone.
RecoIllIllendations
We recommend that the AHV PUD lands currently zoned AH PUD by
pitkin County be zoned AH1/PUD by the City of Aspen.
Pitkin County AR-l pun AccoIllIllodation/Recreation
vs
City of Aspen Lodge/Tourist Residential (LTR) PUD
A. Intent: The AR-l (AccoIllIllodations/Recreation) district is
intended to provide for the renovation and construction
of new tourist accoIllIllodation dwelling units at the base
of downhill skiing areas.
B. Allowed Uses: The following uses are allowed as of right
in the AccoIllIllodationS/Recreation (AR-l) Zone District.
1. Accessory Buildings and Uses
2. Bus Stop
3. Crop Production
4. Day Care Centers
5. Duplex Dwelling Units
6. Home Occupations
7. Motels, Hotels, Lodges
8. Parks, Playgrounds, Playing Fields
9. Prefabricated Homes not requiring building code
exceptions
10. Restaurants and Bars
11. Single Family Dwelling Units with five (5) or less
5 bedrooms and/or less than 15,000 square feet of
floor area
12. Solar Energy Collectors (Private Use)
13. Trails
C. Special Review Uses: The following uses are subject to
special review and may be permitted if found to be in
support of allowed principal uses:
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Joyce Ohlson
March 17, 2000
Page 14
1. Agriculture Stands
2. Alpine Ski Areas and Support
3. Amusement and Entertainment Establishments
4. Caretaker Dwelling Units
5. Cemeteries
6. Churches
7. Club Houses or Recreational Buildings Used in
connection with and accessory to a permitted
outdoor recreational use
8. Commercial Automobile Parking Lots
9. Commercial Kennels and Veterinary Clinics
10. Commercial Riding Stables
11. Community Health Facilities
12. Dormitory Housing
13. Farm Buildings
14. Golf Courses
15. Guest Ranches
16. Multi-Family Dwelling Units
17. Nordic Ski Areas and Support Facilities
18. Nursing, Convalescent, Rest, and Retirement Homes
19. Outdoor Recreational Uses
20. Personal Service Outlets: Food stores, drug
stores, post office substation, self-service
laundries, dry cleaning outlets and liquor stores;
provided that, in the B-2 zone district, no
individual use shall exceed 10,000 square feet in
total floor area; the total space shall be limited
to 80 square feet of gross leasable space per
dwelling unit in the ,district
21. Places for Retailing of Goods (structures and
businesses limited to 12,000 square feet of floor
area per building)
22. Professional Offices
23. Radio Transmitting Station
24. Resort Cabins
25. Satellite Reception Devices
26. Schools / Universities
27. Sewage Disposal Areas / Landfills / Water Plants
28. Single Family Dwelling Units with six (6) or more
bedrooms and/or more than 15,000 square feet of
floor area
29. Timesharing / Fractional Fees
30. Uses, Activities and Facilities Permitted by
Special Use Permit Issued by Federal Agencies
31. Water Crossing and Diversion
Attachment 1 shows the center of AHV PUD is zoned AR-l
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Joyce Ohlson
March 17, 2000
Page 15
Accommodations/Recreations PUD. There are a variety of mixed uses
in this portion of the PUD. The mixed uses planned for the center
of the Village are consistent with the Aspen Area Community Plan
(AACP) recommendations to develop "micro communi ties" in
appropriate locations. Some of the uses will serve the entire
Castle Maroon neighborhood as well as the residents and visitors in
AHV PUD.
The fOII?wing uses are planned and approved for this area:
Accessory buildings and uses;
bus stop;
day care centers;
duplex dwelling units;
motels, hotels and lodges;
parks, playgrounds, playing fields;
restaurants and bars;
single family dwelling units with five or less bedrooms and/or
less than 15,000 square feet of floor area;
solar energy collectors;
trails;
alpine ski areas and support;
amusement and entertainment establishments;
caretaker dwelling units;
dormitory housing;
multi-family dwelling units;
nordic ski areas and support facilities;
Personal Service Outlets:
Food stores, drug stores, post office substation, self-service
laundries, dry cleaning outlets and liquor stores;
provided that, in the B-2 zone district, no individual use
shall exceed 10,000 square feet in total floor area;
Places for Retailing of Goods (structures and businesses
limited to 12,000 square feet of floor area per building);
Professional offices;
Radio Transmitting Station;
Schools and universities;
timesharing/fractional fees; and
Uses, Activities and Facilities Permitted by Special Use
Permit Issued by Federal Agencies.
City of Aspen Lodge/Tourist Residential (L/TR)
A, Purpose, The purpose of the Lodge/Tourist Residential
(L/TR) zone is to encourage construction and renovation
of lodges in the area at the base of Aspen Mountain and
to allow construction of tourist-oriented detached,
duplex and multi-family residential dwellings,
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March 17, 2000
Page 16
B.
Permitted
right in
district.
uses. The following uses are permitted as of
the Lodge/Tourist Residential (L/TR) zone
1. Lodge units;
2. Boardinghouse;
3. Hotel;
4. Multi-family dwellings;
5. Detached residential or duplex dwellings, only on
lots of 6,000 square feet or less;
6. Dining rooms, customary accessory commercial uses,
laundry and recreational facilities located on the
same site of and for guests of lodge units,
boarding houses, hotels and dwelling units;
7. Accessory residential dwellings restricted to
affordable housing guidelines; and
8. Accessory buildings and uses.
C.
Conditional Uses. The
conditional uses in
district, subject to
established in Chapter
follow-ing uses are permitted as
the Lodge/Tourist (L/TR) zone
the standards and procedures
26.60.
1. Restaurant;
2. Timesharing;
3. Accessory dwelling units meeting the provisions of
Section 26.40.090; and
4. Commercial parking utilizing excess or vacant space
on a parcel occupied by a lodge, hotel or other
commercial operation. A commercial parking
operation shall include traffic managment methods
to reduce vehicular congestion and improve air
quality in the community.
While the City of Aspen Lodge/Tourist (L/TR) zone permits some of
the uses approved and planned for the PUD, the district does not
contemplate the wide range of mixed uses planned for AHV PUD. For
example, AHV serves as the base area for an alpine ski area and
contains all the uses accessory to the ski area. Additionally, the
zone does not permit commercial uses such as professional offices
and stores which are not accessory to on-site lodges. The PUD will
have a store which is intended to provide neighborhood commercial
services to the entire Castle/Maroon neighborhood. The site
includes a 450 car commercial parking lot which is not permitted in
the L/TR zone.
The bottom section of the Thunderbowl run and alpine skiing race
arena is located in the AR-l zone. Hines and Aspen Skiing Company
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Joyce Ohlson
March 17, 2000
Page 17
plan for this area to be used for town, national and international
ski racing on a regular basis. Skiing and ski racing is the
primary use of land in this area and it would not be permitted in
the L/TR zone.
Recommendation
Due to the diversity of uses planned and approved for the AR-1 zone
district, we recommend the City of Aspen amend the Regulations to
include the County AR-1 zone, We prefer this alternative to
amending the L/TR zone to accommodate uses permitted in the AR-1
zone. Such uses may not be appropriate in City lands currently
zoned L/TR.
Affordable Housing Overlay (AHO) Zone
Attachment 1 shows the Affordable Housing Overlay (AHO) zone
overlays all of the PUD with the exception of 12 lots in the
Thunderbowl neighborhood and lots 9, 13-19 in the Maroon
neighborhood. These lots obtained residential Growth Managment
Quota System (GMQS) exemptions via the acquisition of Transferable
Development Rights (TDR' s) . The remainder of the residential
portion of the AHV PUD is an AH project. The developer obtained
residential GMQS exemptions pursuant to the exemption procedures in
the Affordable Housing Overlay Zone (AHO). The AHO zone permits a '
developer to aggregate all of the affordable housing units located
in a PUD in several zone districts to offset free market
residential units in the PUD. The AHO zone has no effect on
underlying zoning. It was created as a zoning mechanism to obtain
GMQS exemptions.
The City of Aspen does not have a zone district comparable to the
AHO zone. The City of Aspen could adopt the AHO zone. The only
reason to adopt the AHO zone would be to accommodate additional
free market and affordable housing development in the PUD.
Additional development is not contemplated at this time, therefore
we do not see any reason for the City to adopt the AHO zone.
Summary
This letter has described the existing pitkin County zoning for AHV
PUD. There is an analysis of comparable City of Aspen zone
districts. We have included our recommendations for the zoning of
AHV PUD.
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Joyce Ohlson
March 17, 2000
Page 18
Please review this letter and give us ,a call, Gideon Kuafman and I
would like to meet with you to review the zoning issues and explain
the rationale for our recommendations.
Thanks for your help with this project.
Sincerely,
NCORPORATED
Ohlson
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MEMORANDUM
A.pen - 50 Veer. After Goethe
Mind - Body - SpIrit
TO:
Mayor and Members of Council
ItffUV
J 1t-4-IOO
FROM:
John P. Worcester
DATE:
January 24, 2000
~
JU:j.
~ands Village PUD - Resolution to Initiate Annexation
.~.~ .
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. -:------.:...,...
Attached for your consideration is a resolution which, if adopted, would initiate annexation
proceedings for the Aspen Highlands Village PUD property, All of the owners of the property
filed an annexation petition with the City Clerk on January 14, 2000.
The Aspen Highlands Village PUD property is the property which is being developed by Hines at
Highlands. The property proposed to be annexed is being proposed to be annexed in a series of
ten separate parcels, In other words, a single parcel that meets the contiguity requirements will be
annexed immediately followed by the other nine in series, Actually, the law in Colorado was
recently changed to allow series in annexations to proceed simultaneously so there will only be a
single annexation ordinance and a single hearing to detennine compliance with the Annexation
Act.
This office and the Engineering Department have detennined that the petition complies with the
technical requirements for a petition pursuant to state annexation laws, According to state law,
the next step in the annexation process is for Council to set a date for a hearing, no less than 30
days nor more than 60 days after the effective date of the attached resolution setting the date for
the public hearing, to determine if the annexation complies with Sections 31-12-104 and 31-12-
105, C.R.S,
Section 31-12-104 of the Colorado Revised Statutes requires:
------------.,-~_..-
(ay- That not less than one-sixth of the perimeter of the area to be annexed is
contiguous with the annexing municipality. '..,
and
,~
~
(b) That a community of interest exists between the area proposed to be annexed and
the annexing municipality; that said area is urban or will be urbanized in the near
future; and that said area is integrated with or is capable of being integrated with
the annexing municipality. ...
Section 31-12-105, C.R.S. sets forth certain limitations upon annexations. None of the limitations
in the statute appear to prevent this annexation (limitations on dividing land held in identical
ownership, commencement of annexation proceedings for annexation to other municipalities,
detachment of area from a school district, prohibition against extending city limits beyond three
miles in a single year, adoption of a plan for the area to be annexed, and requirement that entire
widths of streets be made a pan of the annexed area). Nevertheless, a hearing must be held so
Council can make those specific findings.
Before these parcels can be annexed into the City the following steps must take place:
(a)
A hearing before Council to detennine compliance with Sections 31-12-104 and
31-12-105, C.R.S. as described above,
------
-~
(b)
Land Use approvals needed to auUfclrize an AH project, including,rezoning needs
to be ~established through P&Z which will then rilake a recommendation to
Council. (The Ordinance establishing the zoning can be acted on at the same time
the annexation ordinance is adopted.)
Adoption of the attached resolutions will cause staff to continue working on the above described
steps. Once the steps are completed, two ordinances will be presented to Council to fonnaIly
annex the area into the City. .
REQUESTED ACTION: A motion to adopt Resolution No.~, Series of 2000.
JPW-Ol/18/00-G:\john\word\memos\highlands_ann_resl,doc
2
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A
RESOLUTION~~..'...' ~
(Series of 2000)
A RESOLUTION OF THEqT'( c;gl,JNCJ:L9f.ASg~,. COLORAJ)g~ .RF:LATIVE TO THE
PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN , COMMONLY
KNOWN AS THE "ASPEN IDGHLANDS YJ:LLAQJ;:9VD"; FINDING Sl)BSTANTIAL
COMPLIANCE WITH SECTION 31-12-107(1), C:RS.'; ESTABUSinNG A DATE, TIME,
AND PLACE FOR A PUBUC HEARING TO DETJ;:~J;: . c;gMPllJ'\NC;E\VITH
SECTIONS 31-12-104 AND 31-12-105, C.R~S.; AUTHORIZING" POOEiCATIONH"OF
NOTICE OF SAID lIE:ARJ!'.lG; AND Ap11!9~(JTHE. I1'TS'I':l'l}.ffi9N . gl':zONJNG
PROCEDURES FORLAND IN THE AREA PRdPOSED tOB'EANNEXED. ' " .
WHEREAS, on January 14, 2000, one hundred percent 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, Section 31-12-104, C.RS., allows contiguity to be established by the
annexation of one or more parcels in a series, which annexations may be completed
simultaneously and considered together for purposes of requisite public hearmgs, and the
annexation impact report required by Section 31-12-108.5, C.RS.; and
WHEREAS, the City Clerk of the City of Aspen haS referred the aforesaid petition as a
communication to the City Council for appropriate action to determine if the petition is
substantially in compliance with Section 31-12-107, C.RS.; and
WHEREAS, the petition, including accompanying copies of ten annexation maps, have
been reviewed by the City Attorney's Office and the City Engineer and found by them to contain
the information prescribed and set forth in paragraphs (c) and (d) of subsection (1) of Section 31-
12-107, C.RS.; and
/"'.
f\
WHEREAS, one hundred percent (100%) of the owners of the affected property have
consented to annexation of their property to the City of Aspen; and
WHEREAS, Section 31-12-107(1)@, c.R.S., mandates that tlJ.e City of Aspen initiate
annexation proceedings in accordance with Sections 31-12-108 to 31-12-110, C.RS., whenever a
petition is filed pursuant to subsection (1) of Section 31~12-107, C.R.S.
NOW, THEREFORE, BE IT REsOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1
That the Petition for Annexation of territory to the City of Aspen is hereby found and
determined to be in substantial compliance with the provisions of subsection (1) of Section 31-12-
107, C.R.S.
Section 2
That the City Council hereby determines that it shall hold a public hearing to determine if
the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and to
establish whether or not said area is eligible for annexation pursuant to the Municipal Annexation
Act of 1965, as amended; said hearing to be held at a regular meeting of the City Council of the
City of Aspen at 5:00 o'clock p.m. on the 13"' day of March, 2000, in Council Chambers at City
Hall, 130 S. Galena, Aspen, Colorado 81611. (A date which is not less than thirty days nor more
than sixty days after the effective date of this resolution).
Section 3
That the City Clerk shall give public notice as follows: A copy of this resolution shall
constitute notice that, on the given date and at the given time and place set by the City Council,
2
~
n
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on
the day of ,2000.
Rachel E. Richards, Mayor
3
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f\
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is
a true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, ata meeting held on the day hereinabove stated.
Kathryn S. Koch, City Clerk
JPW-Ol/lS/OO-G:\john\word\resoS\highlands-annl.doc
4
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PETITION FOR ANNEXATION
"The Aspen Highlands Village PUD"
WHEREAS, the City of Aspen and the Highlands Water and Sanitation District, the
Hines-Highlands . Limited Partnership, the Aspen Highlands M6untain.Lin~ited Liability
Company, the Aspen Highlands Skiing Corporation, and H.I.L.P Mountain Limited
Partnerships entered into that certain Water Service Agreement, as approved by City of Aspen
Resolution No. 19, Series of 1997, and thereafter amended by that certain First Addendum to
Water Service Agreement executed by the parties on August 10, 1998, and recorded in the
Pitkin County Clerk and Recorder's Office as Reception No. 422783, on October 5, 1998; and
WHEREAS, said Water Service Agreement,' aSaIIlended, contains a provision
regarding the annexation of the service area (the Subject Property as defined in the Water
Service Agreement) into the City of Aspen upon the terms and conditions set forth therein; and
WHEREAS, pursuant to the provision of the Water Service Agreement relating to
Annexation, as amended, the City of Aspen has requested that the owner(s) of the Subject
Property petition the City of Aspen for annexation of the Subject Property; and
WHEREAS, the above mentioned parties desire to annex the parcels within the Subject
Property which they each own.
NOW, THEREFORE, the undersigned, owners of 100% the property described in'
Exhibits "A" appended hereto and by this reference made a part hereof, and in accordance
with Article 12, Chapter 31, C.R.S. as amended, hereby petition the City Council of the City
of Aspen, Colorado, for annexation to the City of Aspen the unincorporated real property more
particularly described below, to be known as "Aspen Highlands Village PUD", and in support
of said Petition, your petitioners allege that:
1. It is desirable and necessary that the territory described in Exhibits "A" attached
hereto be annexed to the City of Aspen, Colorado.
2. Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed
is contiguous with the City of Aspen, Colorado.
3. A community of interest exists between the territory proposed to be annexed and
the City of Aspen, Colorado.
4.
future.
The territory proposed to be annexed is urban or will be urbanized in the near
5. The territory proposed to be annexed is integrated or is capable of being
integrated with the City of Aspen.
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6. The signatures on the Petition comprise one hundred percent (100%) of the
landowners of the territory to be included in the area proposed to be annexed and said
landowners attesting to the facts and agreeing to the conditions herein contained will negate the
necessity of an annexation election.
7. No part of the territory to be annexed is more than three (3) miles from a point
on the municipal boundary, as such was established less than one year from the date of this
Petition.
8. The proposed annexation will not result in the detachment of area from any
school district.
9. The mailing address of each signer, the legal description of the land owned by
the signer as legal representative of the owner, and the date of signing of each signature are all
shown on this Petition.
10. Attached to this Petition as Exhibits "B" and by this reference incorporated
herein is an annexation map containing the information required by Section 31-12-107(1)(d),
C.R.S.,
11. The territory to be annexed is not presently a part of any incorporated city, city
and county, or town.
Dated:
Aspen Highlands Lot 6, LLC
Hwy 1795 E 2'
Box 1244
Utopia, TX. 78884
By:
Dated:
Aspen Highlands Lot 7, LLC
Hwy 1795 East 2
Box 1244
Utopia, TX 78884
By:
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6. The signatures on the Petition comprise one hundred percent (100%) of the
landowners of the territory to be included in the area proposed to be annexed and said
landowners attesting to the facts and agreeing to the conditions herein contained will negate the
necessity of an annexation election.
7. No part of the territory to be annexed is more than three (3) miles from a point
on the municipal boundary, as such was established less than one year from the date of this
Petition.
8. The proposed annexation will not result in the detachment of area from any
school district. .
9. The mailing address of each signer, the legal description of the land owned by
the signer as legal representative of the owner, and the date of signing of each signature are all
shown on this Petition.
10. Attached to this Petition as Exhibits "B" and by this reference incorporated
herein is an annexation map containing the information required by Section 31-12-107(1)(d),
C.R.S.,
11. The territory to be annexed is not presently a part of any incorporated city, city
and county, or town.
Dated: ,,~k?'
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Aspen Highlands Lot ,
Hwy 1795 E 2
Box 1244
Utopia, TX. 78884
BY:~~>
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Aspen Highlands Lot 7, LL ::>
Hwy 1795 East 2
Box 1244
Utopia, TX 78884
BY:.~
Dated: J//r;;/99
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Dated;
Michael & Michele Criden
11035 Marin Street
Coral Gables, FL 33156
By:
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Mark a ': ~I_.d.. Davis""
3900 Woodlake Boulevard
Lake Worth, FL 33463
By:
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Leticia Gordon
4101 Quail Park Drive
West Des Moines, IA 50265
By:
Ronald W. Henriksen
8831 Stable Lane
Houston, IX 77024
By:
Johh McCormick
Country Village Realty
600 E. Cooper
Aspen, CO 81611
By:
Michael KluIIlP
3060 Peachtree Road NW #1
Suite 1560
Atlanta, GA 30305
By:
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Bass Erwin, LLC
PO Box 5078
Aspen, CO 81612
By:
Hines Hig}1l~nrl~ Limited Partnership
426 E. Main St. '
Aspen, CO 81611
By:
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Charles Jo~Hire
~ Boca Grande Club, G1 303
~ 5000 Gasparilla Road
BJ, r ~ ~..0.) Boca Grande,FL 33921
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Jones & Jones Leasing Co.
6301 Haggerty Rd.
Belleville, MI 48111
By:
Lakeshore Publishing Co.
990 Grove St.
Evanston, IL 60201
By:
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Michael & Michele Criden
11035 Marin Street
Coral Gables, FL 33156
By:
Mark & Yolanda Davis
3900 Woodlake Boulevard
Lake Worth, FL 33463
By:
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Leticia Gordon
~~Pa:fkDri'l'e 3',~ ~~ o...~,
WeM,De~_~oipes,IA.~ ,5C:~I'z... ~90q..
By. " , , ' -,", '
Ronald W. Henriksen
8831 Stable Lane
Houston, TX 77024
By:
Jolm McCormick
Country Village Realty
600 E. Cooper
Aspen, CO 81611
By:
Michael Klump
3060 Peachtree Road NW #1
Suite 1560
Atlanta, GA 30305
By:
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Lisa & Gary Brown
718 Siesta Key Circle
Sarasota, Florida 34242
By:
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Henry L. Druker
785 Park Ave., Ste. 6E
New York, NY 10021
By:
Lee H. & Sandra S. Godfrey
1000 Louisiana St., Ste. 5100
Houston, TX 77002-5096
By:
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POC BohnLLC
3737 LaPalco Blvd.
Harvey, LA 70058
By:
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September 27, 1999
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Bass Erwin, LLC
PO Box 5078
Aspen, CO 81612
By:
Hines Highlands Limited Partnership
426 E. Main St.
Aspen, CO 81611
By:
Charles John Hire
345 S. Mill St.
Lexington, OH 44904
By:
Jka-&~~o
6301 Haggerty Rd.
Belleville, MI 48111
By:
Lakeshore Publishing Co.
990 Grove St.
Evanston, IL 60201
By:
3
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718 Siesta Key Circle
Sarasota, Florida 34242
By:
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785 Park Ave., te. 6E
New York, NY 10021 ,Ii}, /
By I<<i ~ V4y~
Lee H. & Sandra S. Godfrey
1000 Louisiana St., Ste. 5100
Houston, TX 77002-5096
By:
By:
POC Bohn LLC
3737 LaPalco Blvd.
Harvey, LA 70058
By:
Pitkin County
530 E. Main St.
Aspen, Colorado 81611
By:
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718 Siesta Key Circle
Sarasota, Florida 34242
By:
By:
Henry t. Druk:er
785 Park Ave., Ste. 6E
New York, NY 10021
By:
Lee H. & Sandra S. Godfrey
1000 Louisiana St., Ste. 5100
Houston, TX 77002-5096
By:
By:
POC Bohn LLC
3737 LaPalco Blvd.
Harvey, LA 70058
By:
Pitkin County
530 E. Main St.
Aspen, Colorado 81611
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718 Siesta Key Circle
Sarasota, Florida 34242
By:
By:
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Henry L. Druker
785 Park Ave., Ste. 6E
New York, NY 10021
By:
Lee H. & Sandra S. Godfrey
1000 Louisiana St., Ste. 5100
Houston, TX 77002-5096
By:
By:
POC Bohn LLC
3737 LaPalco Blvd.
Harvey, LA 70058
By:
Pitkin County
530 E. Main St.
Aspen, Colorado 81611
By:
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Bass Erwin, LLC
PO Box 5078
Aspen, CO 81612
By:
Hines Highlands Limited Partnership
426 E. Main St.
Aspen, CO 81611
By:
Charles Jobn Hire
345 S. Mill St.
Lexington, OH 44904
By:
Jones & Jones Leasing Co.
6301 Haggerty Rd.
Belleville, MI 48111
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Bass Erwin, LLC
PO Box 5078
Aspen, CO 81612
By:
Hines Highl~nrl. Limited Partnership
426 E. Main St.
Aspen, CO 81611
By:
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Charles Johit'Hire
~ Boca Grande Club, Q1 303
~ 5000 Gasparilla Road
r ~ 6-2....0-) Boca Grande, FL 33921
B) .
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Jones & Jones Leasing Co.
6301 Haggerty Rd.
Belleville, MI 48111
By:
LakeshorePublishing Co.
990 Grove St.
Evanston, IL 60201
By:
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"ROM: Richard_McC.Jones,Jr. ,P.C. PHONE NO. 9709253973
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4:6 E. Ham St.
Aapec. C(') 81l51l
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Michael & Michele Criden
11 035 Marin Street
Coral Gables, FL 33156
By:
Mark & Yolanda Davis
3900 Woodlake Boulevard
Lake Worth, FL 33463
By:
Leticia Gordon
4101 Quail Park Drive
West Des Moines, IA 50265
By:
Ronald W. Henriksen
8831 Stable Lane
Houston, TX 77024
By:
John McCormick
Country Village Realty
600 E. Cooper
Aspen, CO 81611
By:
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1 West 3rd Street
Suite 1300
Tulsa, OK 74103
By:
George Chopivsky, Jr.
3215 Cathe Avenue NW
Washin DC 20
By:
Joseph Tallman&Elizabeth Snowden
221 Pawnee Drive
Boulder, CO 80303
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1 West 3rd Street
Suite 1300
Tulsa, OK 74103
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3215 Cathedral Avenue NW
Washington, DC 20008
By:
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221 Pawnee Drive
Boulder, CO 80303
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1 West]N Street
Suite 1300
Tulla, ~
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3215 Cathedra1Avenue NW
Wubington, DC 20008
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221 Pawnee Drive
Bouldc:r, CO 80303
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EXHIBIT "A"_
Aspen Highlands Village PUD
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EXHIBIT "B"
Aspen Highlands Village PUD
Annexation Maps
(Reduced for Council Pac)(et - Originals
Can be Viewed in City Engineer's Office)
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AF-SKI AgnculturallForestry/Ski
A. Intent: The AF-SKI, Agricultural/Forestry Ski district is intended to provide
locations for ski areas and the orderly and efficient planning and review of ski
areas. The AF-SKI designation should be applied to lands which are used for
downhill and cross-country skiing and a variety of other uses permitted or
approved by a Federal or similar public agency, such as grazing, hunting, and
passive recreational uses. Development activity on such lands shall be contingent
upon the adoption of a master plan. The AF-SKI designation should be applied
only to ski areas which are consistent with the Land Use Code policy for
Development or Expansion of Ski Areas (Refer to Section 2-5).
B. Allowed Uses: The following uses are allowed as of right in the
Agricultural/Forestry/Ski (AF-SKI) Zone District.
1. Animal Production & Husbandry Services, Other Farm and Agricultural
. Uses (not including Commercial Feed Lots)
2. Bus Stop
3. Crop Production
4. Farm Buildings
5. Home Occupations
6. Parks, Playgrounds, Playing fields
7. Solar Energy Collectors (Private Use)
8. Trails
C. Special Review Uses: The following uses are subject to special review:
1. Accessory Buildings and Uses
2. Agriculture S lands
3. Alpine Ski Areas and Support
4. Amusement and Entertainment Establishments
5. Caretaker Dwelling Units
6. Cemeteries
7. Churches
8. Club Houses or Recreational Buildings Used in connection with and
accessory to a permitted outdoor recreational use
9. Commercial Automobile Parking Lots
10. Commercial Camping Areas
11. Commercial Firewood Splitting, Storage and Sales
12. Commercial Kennels and Veterinary Clinics
13. Commercial Riding Stables
14. Community Health Facilities
15. Day Care Centers
16. Financial Institutions
17 . Golf Courses
18. Guest Ranches
19. Logging
20. Mineral Exploration/Mining Concrete Batch Plants
21. Nordic Ski Areas and Support Facilities
22. Offices
23. Outdoor Recreational Uses
24. Personal Service Outlets: F(J()dstores, drug stores, post office substation,
self-service laundries, dry cleaning outlets and liquor stores; provided
that, in the B-2 zone district, no individual use shall exceed 10,000 square
feet in total floor area; the total space shall be limited to 80 square feet
of gross leasable space per dwelling unit in the district
25, Professional Offices
26. Radio Transmitting Station
27. Restaurants and Bars
28. Satellite Reception Devices
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29. Schools / Universities
30. Sewage Disposal Areas / Landfills / Water Plants
31. Uses, Activities and Facilities Permitted by Special Use Permit Issued by
Federai Agencies ,
32. Water Crossing and Diversion
D. Prohibited Uses: The following uses are prohibited in the
Agricultura1JForestry/Ski,(AF-SKI) Zone District.
1. Airport
2. Dormitory Housing
3. Duplex Dwelling Units
4. Employee Dwe11ing Units
5. Equipment Supplies and Contraction or Subcontraction
6. Essential Government and Public Utility Uses, Facilities and Services
7. General Services
8. Hospitals
9. Junk Yards
10. Medical / Dental Clinics
11. Mobile Homes
12, Motels, Hotels, Lodges
13. Multi-Family Dwelling Units
14. Nursing, Convalescent, Rest, Retirement Homes
15. Places for Retailing of Goods (structures and businesses limited to 12,000
square feet of floor area per building)
16. Prefabricated Homes not requiring building code exceptions
17. Research Facilities, Indoors
18. Research Facilities, Other
19. Resort Cabins
20. Single Family Dwelling Units
21. Timesharing / Fractional Fees
22. Uses Not Listed
23 . Vehicle and Aircraft Sales and Service
E. Master Plan Uses: The following uses are permitted as uses allowed pursuant
to the Master Plan in the Agricultural/Forestry/Ski (AF-SKI) Zone District.
1. Alpine Ski Areas & Support Facilities
2. Nordic Ski Areas & Support Facilities
F. Dimensional Requirements: The dimensional requirements permitted in the
Agricultural/Forestry/Ski (AF-SKI) Zone District are established by the Master
Plan.
G. General Guide to Listing of Uses in AF-SKI Master Plan: The outcome of the
master plan review process will be a detailed listing of uses and activities which
are allowed all year or during the traditional ski season, uses and activities
requiring further review prior to their implementation, and others which are
prohibited. As a guide to the intent of'the AF-SKI zone this section contains a
listing of uses for the AF-SKI zone.
1. Uses Allowed All Year: The uses which are anticipated to be allowed
all year may include:
a. Outdoor recreational uses and facilities set in natural environmental
conditions, including but not limited to, ski racing and organized
group events, playgrounds and outdoor environmental education
areas, clubhouses or recreation buildings (when used in conjunction
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3-410
with outdoor recreational uses);
b. Communication transmission sites;
c. Ski lifts - construction of new lifts;
d. Water lines, compressed air lines, and other such utilities required
for the operation of man-made snow-making machinery;
e. Vehicle and equipment maintenance and storage shops;
f. Hunting, fishing and grazing; and
g. Housing for the employees of the ski area and its support services.
2. Uses Allowed during the Traditional Ski Season: The uses anticipated to
be allowed during the traditional winter ski season may include the
following uses provided such uses are in direct support of and of a scope
necessary for the ski area operation:
a. Day care schools and children's nurseries;
b. Ski schools;
c. Restaurants including indoor and outdoor eating and drinking
establishments;
d. Offices,
e. Places for the retailing of goods;
f. Automobile parking lots and garages;
g. Personal service outlets including ski repair shops;
h. Public restrooms;
i. Ski lifts-operation of existing lifts;
j. Ski trails;
k. Accessory buildings including, but not limited to, ski patrol
stations, warming huts, indoor recreational facilities (including
video games, table games and movie houses containing less than
twenty-five [25] seats);
1. Ticket sales areas; and
m. Accessory uses to ski area operations not otherwise specifically
identified.
3. Uses Requiring Further Review: ,The uses anticipated to require further
review may include:
a. Site-specific snow-making proposals;
b. High-explosive storage caches;
c. Overnight cross-country accommodations including huts and
dormitories;
d. Uses not otherwise listed as allowed or prohibited; and
e. Uses proposing development or the conduct of Activities of Local
and State Interest.
4. Prohibited Uses:
a. Retail, office, restaurant or other commercial activities which are
not operating directly in support of the operation of the ski area;
b. All dwelling or lodging uses (other than cross country huts and
employee housing); and
c. All other activities not directly in support of and compatible with
the operation of the ski area. Seasonal approvals or prohibitions
and specific time constraints of certain uses may be appropriate.
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. D Highlands Annexation
R-30
Conservation
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The Pitkin County Commissioners submit this letter as our formal comment on the
proposed annexation of the Highlands Development and Subdivision. While Pitkin
County acknowledges the desires and actions of the City Council to pursue annexation of
these properties, this annexation seems to be one in a sequence of recent extensions of the
Aspen City limits into the Maroon Creek Valley. While the County chose not to submit
formal comments upon the annexation of the Moore Subdivision and the Iselin Park, the
comments that are submitted under this letter address the sequential expansion of the City
into this valley.
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December I, 1999
Mayor Richards and City Council Members
City of Aspen
130 S. Galena
Aspen, CO 81611
Re; Comments on Highlands Annexation Proposal
Dear Mayor Richards and Council Members:
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Pitkin County
DIS'if!7L---:-
Response By:
By Dale:
For:
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Our primary concern is the apparent exclusion of Maroon Creek Road from the proposed
boundaries of this annexation, as well as the recent annexations of the Moore and Iselin
Park properties. It is clear that the majority of future development and construction in
this valley will be under the control of the City of Aspen.
Pitkin County has reviewed the draft report prepared by Jim Charlier. That report,
entitled the "Iselin Park Traffic, Parking and Mobility Management Plan" addresses a
host of traffic, transit and trails issues, as well as parking supply, management and
design. From this report, as well as our own knowledge of the traffic impacts associated
with these sequentially annexed properties, City residents and City property will now
contribute the significant majority of traffic impacts onto Maroon Creek Road.
Pitkin County will not be able to mitigate construction traffic impacts, coordination of
work schedules, nor the overall mitigation of additional traffic trips onto this road that
may become a function of future City actions. We believe the City should acknowledge
these facts and accept responsibility to maintain this public infrastructure. Thus, Pitkin
Administration
530 E, Main, Suite 301
Aspen, CO 81611
(970) 920-5200
t1\. PRINTED ON FAX 920-5198
\:tI ReCYCLED PAPER
County Commissioners
Suite 301
530 E, Main Street
Aspen, CO 81611
(970) 920-5150
County Attorney
Suite 302
530 E, Main Street
Aspen, CO 81611
(970) 920-5190
Finance and Use Tax
530 E, Main, Suite 201
Aspen, CO 81611
(970) 920-5220
FAX 920-5230
.
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County formally requests that the City reconsider its annexation boundaries, and include
the majority, if not entirety of Maroon Creek Road, from the Highlands development to
Highway 82.
Should the City fail to revise its annexation scheme and continue to exclude Maroon
Creek Road from its boundaries of responsibility, this letter serves as notice that Pitkin
County requires review and permit approval for projects within the County road right-of-
way. It is our understanding that the Iselin Park project, for example, includes a
pedestrian walk and overpass across the road right-of-way. These types of projects may
require not only administrative permits, but may also trigger reviews under the Pitkin
County Land Use Code. Additionally, improvement within the road right-of-way such as
utility encroaclunents also require Pitkin County approval.
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Finally, it may be important for the City to know that the budget capacity for the County
to provide repair and maintenance to this portion of Maroon Creek Road is severely
limited. Pitkin County is now projecting a plan for major reconstructions on County
paved roads over an approximate 25-year period, The portion of Maroon Creek Road
from the Highlands development to Highway 82 has not been scheduled for significant
capital replacement in this 25-year plan. Presently, the County cannot obligate resources
to any substantial maintenance or general capital replacement needs of this road,
Additionally, for your information with respect to the annexation of the Highlands
properties, and as a general note with respect to the recently annexed Moore Subdivision,
the City should be aware that a number of covenants and subdivision improvement
agreements associated with those approvals, run to the benefit of Pitkin County.
Amendments to these documents, and the release or payment of financial securities
associated with these approvals, likewise run to the benefit of Pitkin County, Should the
City and the present or future property owners contemplate amendments to these
documents, we recommend that you involve Pitkin County at the earliest possible date,
since it may be likely that Pitkin County will have an interest in those decisions.
The Board of County Commissioners is extremely hopeful that the City Council will
reconsider its annexation plans for the Maroon Creek Valley, and specifically urge you to
consider Maroon Creek Road at this time. If you believe it would be helpful to discuss
this item with Board and Council, we would be happy to schedule an opportunity for such
discussions.
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Leslie 1. Lamont, Chair
Pitkin County Board of County Commissioners
393