HomeMy WebLinkAboutresolution.apz.028-04 09/09/2004 10:
SlLVIA DAVIS PITKIN COUNTY CO R 61.00 D 0.00
RESOLUTION NO. 28
(SER~ES OF 2004)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING A SPECIAL REVIEW AND 8040 GREENLINE
REVIEW FOR THE RESIDENCES AT LITTLE NELL AND OF THE CITY OF
ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY
COUNCIL APPROVE A FINAL PLANNED UNIT DEVELOPMENT, GROWTH
MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS, SUBDIVISION,
CONDOMINIUMIZATION, TIMESHARE, AND AMENDMENT TO THE
OFFICIAL ZONING MAP FOR THE RESIDENCES AT LITTLE NELL,
LOCATED AT 535 DEAN AVENUE, AND AN AMENDMENT TO THE LITTLE
NELL SPECIALLY PLANNED AREA, LOCATED AT 675 EAST DURANT
AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID (Tipple Lodge Parcel): 2737-182-36945
Parcel ID (Tipple Inn Parcel): 2737-182-36291
Parcel ID (Tippler Parcel): 2737-182-96033
Parcel ID (Conservation Parcel): 2737-182-36877
Parcel ID (Aspen Skiing Company Parcel): 2737-182-00080
Parcel ID (Little Nell Hotel Parcel): 2737-182-50102
Parcel ID (Henn Residence): 2737-182-96002
Parcel ID (Anderman Residence): 2737-182-96005
Parcel ID (Jacoby Residence): 2737-182-96004
Parcel ID (Westpac Residence): 2737-182-96003
WHEREAS, the Community Development Department received an application
from the Aspen Land Fund, LLC (AppliCant), represented by Sunny Vann of Vann
Associates, requesting approval of a Final Planned Unit Development (PUD), Growth
Management Quota System (GMQS) Exemptions, Subdivision, Condominiumization,
Timeshare approval, Special Review, an Amendment to the Official Zoning Map, Special
Planned Area Amendment, and 8040 Greenline Review for the Residences at Little Nell
Planned Unit Development; and,
WHEREAS, the application submitted for the Residences at Little Nell (plans
dated May 1, 2004) proposes a 108,000 square foot, multi-story structure consisting of 24
timeshare units, 8 hotel rooms, 2 condominium units, 8 affordable housing units,
approximately 8,900 square feet of commercial and ancillary space, and a 70 space sub-
grade parking garage; and,
WHEREAS, the Community Development Department received referral
comments from the Aspen Consolidated Sanitation District, City Engineering, Building
Department, Fire, Streets, Housing, Environmental Health, Parks and Water Departments
as a result of the Development Review Committee meeting; and,
P&Z Resolution No. 28,
Series of 2004. Page 1
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$ILVIA DAVIS PITKIN COUNTY CO R 61.00 D 0.00
WHEREAS, said referral agencies and the Aspen Community Development
Department reviewed the Final Planned Unit Development (PUD), Growth Management
Quota System (GMQS) Exemptions, Shi~di~i~iofi, Condominiumization, Timeshare,
Special Review, Amendment to the Official Zoning Map, Special Planned Area
Amendment, and 8040 Greenline Review and recommended approval with conditions;
and,
WHEREAS, pursuant to Section 26.430 of the Land Use Code, Special Review
approval may be granted by the Planning and Zoning Commission at a duly noticed
public hearing after considering recommendations by the Community Development
Director, and relevant referral agencies; and,
WHEREAS, pursuant to Section 26.435 of the Land Use Code, 8040 Greenline
Review approval may be granted by the Planning and Zoning Commission at a duly
noticed public hearing after considering recommendations by the Community
Development Director, and relevant referral agencies; and,
WHEREAS, pursuant to Section 26.310 of the Land Use Code (Amendment to
the Official Zone District Map, Section 26.440 (Special Planned Area & Amendment),
Section 26.445 (Final Planned Unit Development), Section 26.470 (Growth Management
Quota System Exemptions), Section 26.480 (Subdivision and C°ndominiumization),
Section 26.590 (Timeshare) approval may be granted by the City Council at a duly
noticed public hearing after considering recommendations by the Planning and Zoning
Commission, the Community Development Director, and relevant referral agencies; and,
WHEREAS, at their regularly scheduled meeting on June 2, 2004, the Aspen /
Pitkin County Housing Authority forwarded a unanimous recommendation of approval
with conditions to City Council to approve the proposed affordable housing mitigation
and replacement units for the Residences at Little Nell; and
WHEREAS, Final Planned Unit Development (PUD), Growth Management
Quota System (GMQS) Exemptions, Subdivision, Condominiumization, Timeshare,
Special Review, Amendment to the Official Zoning Map, Special Planned Area
Amendment, and 8040 Greenline Review by the Planning and Zoning Commission
requires a public hearing and this application was reviewed at a public hearing where the
recommendations of the Community Development Director and comments from the
public were heard; and,
WHEREAS, during a regular meeting on August 3, 2004, the Planning and
Zoning Commission opened a duly noticed public hearing to consider the project and
continued the public hearing to August 10, 2004; then continued it to August 17, 2004
where the Planning and Zoning Commission approved the request for Special Review and
the 8040 Greenline Review and recommended City Council approve the Final Planned
Unit Development (PUD), Growth Management Quota System (GMQS) Exemptions,
Subdivision, Condominiumization, Timeshare, Amendment to the Official Zoning Map,
and Special Planned Area Amendment by a four to zero (4-0) vote, with the findings and
conditions listed hereinafter; and,
P&Z Resolution No. 28,
Series of 2004.
Page 2
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~ILVIA DAVIS PITKIN COUNTY CO R ~01.00 O 0.00
WHEREAS, the Planning and Zoning Commission finds that the development
review standards for a Final Planned Unit Development (PUD), Growth Management
Quota System (GMQS) Exemptions, Subdivision, Condominiumization, Timeshare,
Special Review, Amendment to the Official Zoning Map, Special Planned Area
Amendment, and 8040 Greenline Review plan have been met, as long as certain
conditions are implemented; and,
WHEREAS, the Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT RESOLVED that the Planning and Zoning Commission
approves the Special Review and 8040 Greenline Review and that the Planning and
Zoning Commission recommends that the City Council approves the Final Planned Unit
Development (PUD), Growth Management Quota System (GMQS) Exemptions,
Subdivision, Condominiumization, Timeshare, Amendment to the Official Zoning Map,
and Special Planned Area Amendment for the Residences at Little Nell, subject to the
conditions listed below.
Section 1: Rezoning
The Official Zone District Map of the City of Aspen shall be, upon filing of the
Subdivision plat and Final PUD Plans, amended by the Community Development
Director to reflect Lot # 1 of the Residences at Little Nell as included in the Commercial
Lodge (CL), Conservation (C), and Lodge Tourist Residential (LTR) zone districts, as
depicted in Exhibit A to this Resolution and to be more precisely delineated on the
Zoning Map of the Final PUD Plans.
Section 2: Project Dimensions
The following approved dimensions of the project shall be reflected in the Final PUD Plans:
P&Z Resolution No. 28,
Series of 2004. Page 3
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SILVIA DAVIS PITKIN COUNTY CO R 61.00 D 0.00
Minimum Lot Size 66,737 Square Feet
Minimum Lot Area per Dwelling
Unit No requirement
Maximum Allowable Density No requirement
Timeshare units
Lodge Units
Residential Units
Minimum Lot Width
24 units, comprised of 19 three-bedroom units
and 5 four-bedroom units. 16 of the
timeshare units include "lock-off" units for a
total of 40 rentable divisions.
8 units
Minimum Front Yard Setback 0 feet
Minimum West Side Yard Setback . 0 feet
Minimum East Side Yard Setback
Minimum Rear Yard
Maximum Site Coverage
Maximum Height
Min. Distance between Buildings
Min. Percent of Open Space
Allowable External Floor Area
Minimum Off-Street Parking Spaces
2 Free-market units. Also see Section 9
8 Affordable Studio units. Also see Section 8
206 feet measured along the Dean Avenue
right-of-way.
0 feet
4 feet
As represented on Final PUD Development
Plan. Reference drawing #9 of application.
As represented in Final PUD Plans. Also see
Section 3. Reference drawing #30 of
application.
No Requirement
0 percent, provided areas outside the building
footprint shall only be developed according to
the Final PUD Development Plan. Reference
drawing #9 of application.
108,000 square feet.
2 short-term space within the porte-cochere
70 spaces within the underground parking
garage. Reference drawings # 10 and # 11 of
application.
Section 3: Height Plan
The Final PUD Plans shall include a height plan depicting the height of the building at
various points relative to the lower of existing or proposed grade and relative to a fixed
elevation control point.
Section 4: Multi-Family Housing Replacement Program
The Development Order issued commensurate with final approval by City Council shall
constitute a "Certificate of Compliance" in accordance with Chapter 26.530 - MUlti-
Family Housing Replacement Program.
P&Z Resolution No. 28
Series of 2004.
Page 4
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STLVZA DAVZS PZTKIN COUNTY CO R s:1.ee 0 e.ee
Section 5.' Impact Fees
Park Impact Fees of $58,315.95 shall be assessed. Amendments to the Project shall
include an adjustment to this impact fee according to the following schedule:
Park Fees - Proposed Development:
8 Studio affordable housing units ~ $1,520 per unit = $12,160
8 studio lodge units~ $1,520 per unit = $12,160
19 three-bedroom lodge units ~ $3,634 per unit = $69,046
5 four-bedroom lodge units ~ $3,634 per unit = $18,170
2 four-bedroom residential units ~ $3,634 per unit = $7,268
8,900 square feet of Commercial ~ $1,785 per 1,000 s.f. = $15,886.50
Total = $134,690.50
Park Fees - Credit for Existing Development:
2 Studio residential units~ $1,520 per unit -- $3,034
10 studio lodge units~ $1,520 per unit = $15,200
3 one-bedroom units~ $2,120 per unit = $6,360
9 two-bedroom units~ $2,725 per trait = $24,525
1 four-bedroom unit~ $3,634 per unit = $3,634
13,230 square feet of commercial ~ $1,785 per 1,000 s.f. = $23,615.55
Total Credit = ($76,374.55)
Total Park Impact Fee Due = $58,315.95
School Impact Fees shall be assessed based on one-third the value of the unimproved land
divided by the proposed number of residential units on a per acre basis. The City of
Aspen shall verify the unimproved land value of the lands underlying the Project from
recent transactions and information from the Pitkin County Assessor. The subject
subdivision is not condUcive to locating a school facility and a cash2in-lieu payment shall
be accepted. School Impact Fees shall be specified prior to final approval.
Section 6: Water Department Standards
The applicant shall comply with the City of Aspen Water System Standards, with Title
25, and with applicable standards of Municipal Code Title 8 (Water Conservation and
Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of
Aspen Water Department.
Section 7: Sanitation District Standards
The applicant shall comply with the Aspen COnsolidated sanitation District's rules and
regulations. No clear water connections (roof, foundation, perimeter drains) shall be
allowed to ACSD lines. All improvements below grade shall require the use of a
pumping station.
P&Z Resolution No. 28,
Series of 2004.
Page 5
SILVIA DAVIS PtTKIN COUNTy CO R 61.00 D 0.00
Section 8: Affordable HousinF. --~
The applicant shall provide affordable housing mitigation for 60 Full-Time Equivalents in
the £ollowing manner:
· Eight studio rental units to be constructed on site and restricted to Category 2.
· Fifteen traits to be provided by the "buy down" of the Obermeyer Resident
Occupied (RO) one-bedroom units. Seven of these units shall be Category 2 and
eight shall be Category 3,
· Eight three-bedroom for-sale units to be constructed at the Aspen Airport Business
Center (AABC), known as the Alpine Grove Condominiums. Three of these units
shall be Category 2 and 5 shall be Category 3.
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The applicant shall provide a "receipt" or letter from the Obermeyer developer indicting
good faith pursuit of the Buy Down Agreement prior to the public hearing for the
Residences with City Council. The applicant shall receive final approval from Pitkin
County for the required mitigation housing project located in the AABC in Pitkin County
(known as Alpine Grove Condominiums) prior to final City Council approval for the
Residences at Little Nell.
A Certificate of Occupancy for the Residences at Little Nell shall not be issued until such
time as Certificates of Occupancy for the deed restricted affordable housing units, which are
required for mitigation, have been issued.
The employees to be housed in the deed-restricted units shall meet the qualification criteria
contained within the' APCHA Guidelines and the Obermeyer buy-down units shall be
governed by the City Council approvals for the project.
The applicant shall structure- a deed restriction for the eight on-site studio rental units such
that 1/10th of 1% of those units are deeded in perpetuity to the APCHA; or the applicant
may propose any other means that that APCHA determines acceptable.
Employees to be housed in the deed-restricted units shall meet the minimum occupancy
requirements under the APCHA Guidelines. The deed restriction shall be filed concurrently
with the submission of the condominium map to the City of Aspen and shall abide by all
restrictions as stated in the Guidelines.
Section 9: Conversion of Free-Market Residential Units to Timeshare Units
The two free market condominium units may be condominiumized and sold as wholly-
owned residential units and occupied on a short- or long-term basis. These two units may
be converted and included as part of the timeshare use plan pursuant to an Insubstantial
PUD Amendment.
Section 10: Subdivision Plat & Final PUD Plans
Within 18 0 days after final approval by City Council and prior to applying for a Building
Permit, the applicant shall record a Subdivision Plat and a Final PUD Development Plan.
P&Z Resolutio~ No. 28,
Series of 2004.
Page 6
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The Subdivision Plat shall comply with current requirements of the City Community
Development Engineer and shall include:
1. The final property boundaries and disposition of lands to be dedicated to the Dean
Street right-of-way.
2. The location of Revocable Encroachments for physical improvements within
public rights-of-way with reference to agreements and licenses appended to the
PUD Agreement.
3. The location of utility pedestals with access easements for the utility provider.
Transformers and pedestals shall be located outside of the public right-of-way.
4. The applicant shall provide the final approved Subdivision line data or survey
description data describing the revised street and parcel botmdaries to the
Geographic Information Systems Department prior to applying for a building
permit. The final building location data, including any amendments, shall be
provided to the GIS Department prior to issuance of a Certificate of Occupancy.
The Final PUD Plans shall include:
1. An illustrative site plan with adequate snow storage areas and/or snow melted areas
depicted. Approved project dimensions shall be printed on the final illustrative plan.
2. A landscape plan showing location, amount, and species of landscape improvements
with an irrigation plan with a signature line for the City Parks Department.
3. Design specifications and profiles for the Dean Street improvements.
4. An architectural character plan demonstrating the general architectural character and
depicting materials, fenestration, projections, and locations of projections such as
elevator shaft heads, mechanical equipment, etc. Mechanical equipment shall be
screened from pedestrian view.
5. Floor plans of each level depicting unit divisions and plaza level improvements.
6. A utility plan meeting the standards of the City Engineer and City utility agencies.
7. A grading/drainage plan, including an erosion control
plan, prepared by a
Colorado licensed Civil Engineer, which maintains sediment and debris on-site
during and after construction. If a ground recharge system is required, a soil
percolation report will be required to correctly size the facility. A 2-year storm
frequency should be used in designing any drainage improvements. Off-site
improvement shall be done in coordination with the City Engineer (also see
Sectionl 1, condition 81)
8. An exterior lighting plan meeting the requirements of Section 26.575.150.
Section 11: Subdivision/PUD Agreement
Within 180 days after final approval by City Council and prior to applying for Building
Permit, the applicant shall record a Subdivision/PUD Agreement binding this property to
P&Z Resolution No. 28,
Series of 2004.
Page 7
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SILVIA DAVIS PITKIN COUNTY ¢0 R 61.00 D 0.00
this development approval. The Agreement shall include the necessary items detailed in
Section 26.445.070, in addition to the following:
1. Operating specifications for the Commercial and Accessory Uses consistent with the
proposed requirements as outlined in Exhibit B to this Resolution.
2. Revocable Encroachment agreements and licenses for physical improvements
within public rights-of-way with reference to their locations depicted on the
Subdivision Plat.
The agreement shall state the ownership and maintenance responsibilities of the
common areas of the project.
The agreement shall include a maintenance and operating agreement for Dean
Street.
5. A Construction Management Plan (CMP) acceptable to the Community
Development Engineer. (A draft plan is part of the application.)
6. An estimated construction schedule with estimated schedules for construction
phases affecting city streets and infrastructure and provisions for noticing the City
Streets Department, the City Engineering Department, utility providers (including
City agencies), and emergency service providers.
7. An agreement to return Galena Street to an acceptable condition after construction,
as determined by the City Engineer. Subsurface work may be necessary. Curb and
gutter work may be necessary. A final two-inch overlay may be necessary. In the
alternative, the applicant may pay a one-time payment concurrent with receipt of a
building permit of $7,950 into the City street maintenance fund (an amount equal to
the cost of a 2" asphalt overlay over half the width of Galena Street along the
frontage of the Little Nell property to Durant Street).
8. Costs of project-related off-site drainage improvements done in coordination with
the City Engineering Department shall be determined by the City Engineer and
prorated with other properties receiving such benefit and shall be payable
concurrent with receipt of a building permit.
9. In order to secure the performance of the construction and installation of
improvements in the public rights-of-way, the landscape and public facilities
perfor'mance security shall include and secure the estimated costs of proposed
right-of-way improvements.
Section 12: Building Permit Requirements
The building permit application shall include/depict:
1. A signed copy of the ftnal Ordinance granting land use approval.
2. A letter from the primary contractor stating that the approving Ordinance has been
read and understood.
3. The conditions of approval shall be printed on the cover page of the building
permit set.
P&Z Resolution No. 28,
Series of 2 004.
Page 8
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SILVIA DAVIS PITKIN COUNTY CO R 61.00 D 0.00
A completed tap permit for service with the Aspen Consolidated Sanitation
District.
5. A tree removal mitigation payment of $27,645.31. This figure represents the
difference between the assessed value of trees to be removed and the cost estimate
to supply and install the proposed trees and native vegetation. Amendments to the
plan shall require a recalculation.
6. A fugitive dust control plan approved by the Environmental Health Department
which addresses watering of disturbed areas including haul roads, perimeter silt
fencing, as-needed cleaning of adjacent rights-of-way, speed limits within and
accessing the site, and the ability to request additional measures to prevent a
nuisance during construction. The applicant shall wash tracked mud and debris
from the street as necessary,, and as requested by the City, during construction.
Submission of a fugitive dust control plan to the Colorado Department of Public
Health and Environment Air Quality Control Division may also be necessary.
7. A study performed by a Colorado licensed Civil Engineer demonstrating how the
required excavation of the site may be performed without damaging adjacent
structures and/or streets. If the applicant utilizes soil pins to stabilize excavation
cuts, the applicant shall be required to provide a financial assurance in an amount
to be determined by the Community Development Engineer. The City
Engineering Department would strongly prefer that the applicants use soil
hardening techniques rather than soil pins to stabilize the excavation cuts. (A
study has been 'submitted and is under review by the City. This condition will be
removed or amended accordingly prior to final review by City Council.)
8. A study that demonstrates, to the City Engineer's satisfaction, the impact that
potential mud flows will have on the proposed buildings and that the structures
are designed to minimize the damage caused by mud flows. Grading must
provide a pathway for mudflows around the uphill side of the building. (A study
has been submitted and is under review by the City. This condition will be
removed or amended accordingly prior to final review by City Council.)
9. A construction site management and parking plan meeting the specifications of
the City Building Department. (A study has been submitted and is under review
by the Citv. This condition will be removed or amended accordingly prior to final
review by City Council.)
10. The applicant shall submit a Soil Suitability and Slope Stability Analysis by a
licensed engineer with a specialty in geo-technical sciences. At a minimum, such
report shall determine the feasibility of excavating the hillside and identification
of any necessary mitigation during construction of the lodge to protect adjoining
properties from damage. In addition, the report shall include a baseline for slope
stability prior to any excavation, establish a monitoring program to be
implemented throughout the construction and for two years after completion of
construction using accepted engineering standards approved by the City of Aspen,
including, without limitation, review of all soils, engineering designs, de-watering
plans, and other applicable standards. (A study has been submitted and is under
P&Z Resolution No. 28.
Series of 2004.
Page 9
11.
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SILVIA DAVIS PITKIN COUNTY CO R 61.00 O 0.00
review by the City. This condition will be removed or amended accordingly prior
to final review by City Council.)
The roof plan shall demonstrate substantial compliance with the representations
made by the applicant with regard to limiting the rooftop mechanical equipment
o~nd the use of non-reflective roofing material.
Prior to issuance of a building permit:
1. All tap fees, impacts fees, and building permit fees shall be paid.
2. The location and design of standpipes, fire sprinklers, and alarms
acceptable to the Fire Marshall.
shall be
Section 13:PM10 Mitigation Plan
In order to reduce the impacts of PM10 generated by the project, the project shall prov~ide a
shuttle service for use by the owners/guests of the Residences at Little Nell and shall
advertise to their guests that need for a personal/rental car is not mandatory due to the
shuttle amenitv. In addition, the Environmental Health Department recommends (but is not
requiring) that the lodge and its businesses join the Transportation Options Program and
provide secure covered bike storage. This PM10 mitigation plan has been accepted by the
City's Environmental Health Department and no further plan shall be required.
Section 14: Delivery Dock
No trucking, shipping and/or receiving, service, inspection, or commercial vehicles serving
the Residences at Little Nell and/or associated commercial facilities shall utilize Ute
Avenue for such purposes. All shipping and receiving, service vendors, inspection, and
other commercial vehicles to and from the Residences at Little Nell and its associated
commercial facilities shall be only via its parking garage and/or loading dock off of Galena
Street.
Section 15: Condominiumization
Condominiumization of the Project to define separate ownership interests of the Project is
hereby approved by the City of Aspen, subject to recordation of a condomininmization plat
in compliance with the current (at the time of condo plat submission) plat requirements of
the City Community Development Engineer.
Section 16:
The applicant shall explore material and color pallet changes to the southern or northern
portion of the building to help break-up the massing and differentiate the tWo free-market
residential units located on parcel "D" from the remainder of the project.
sectiOn 17:
Prior to recordation of the Final PUD plans, the Plans to be recOrded Shall demonstrate
substantial compliance with the representations and drawings made and presented during
the project review.
P&Z Resolution No. 28,
Series of 2004.
Page 10
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09/09/2004
Section ]8: S~Lvz~ DI~VTS pTTK~N COUNTY CO [~ 61.00 D 0.00
The Project's restaurant, bar and outdoor dining terrace shall offer "apres-ski" services to
the general public all days during the year that the Aspen Mountain Ski Area is open for
public skiing and for a minimum of two (2) hours after the gondola closes. During all
'hours of operation, the restaurant shall be open to the general public. No memberships
shall be required, although0ccasiOnal private events may be held.
Section 19:
This Resolution shall not effect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
repealed or amended as herein prOvided, and the same shall be conducted and concluded
under such prior ordinances.
Section 20:
If any section, subsection, sentence, clause, phrase, or portion oftliis Resolution 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.
APPROVED by the Commission at its regular meeting on.
,2004.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
Jasmine Tygre, Chair
ATTEST:
fickie'Lothi~[~ Deputy City Clerk
Exhibit A: Proposed Zoning Boundary Map
P&Z Resolution No. 28,
Series of 2004.
Page 11
-.SILVIA DAVIS PITKIN COUNTY CO R 61.00 D 0.00
PLA~.4
HUNTER STREET
The Residences at Little Nell
ASPen, Cotorado
FINAL PUD SUBM~TTA_ ~--~