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HomeMy WebLinkAboutcoa.lu.rz.Aspen Highlands Vil.04ASPEN HIGHLANDS VTALLAS INITIA ONING 2735-142-08-702:715 Case 0061.2004.ASLL lid r� 9 40 City of Aspen Community Development Dept. CASE NUMBER L)U U (, a UU y ` As- L4 PARCEL ID NUMBER v7 7 3 Ste'_ / q- 7- / J �09 Zi-/O PROJECT ADDRESS n ' / l a/ 713 LT t Rd # s PLANNER L r CASE DESCRIPTION `�Pt n l �i q l Q�``� vI 1 �� T IV /7 Q,� REPRESENTATIVE DATE OF FINAL ACTION -�)13010r - CLOSED BY Denise Driscoll MEMORANDUM 1J111b TO: Mayor Klanderud and City Council THRU: Chris Bendon, Community Development Director im FROM: Chris Lee, Planner RE: Aspen Highlands Villas (Lot 10) Initial City Zoning — Second Reading and Public Hearing of Ordinance No. 11, Series of 2005. DATE: March 14, 2005 APPLICANT: City of Aspen LOCATION: 98 Glen Dee Road LOT SIZE: + 2.57 acres (111,949 square feet) PARCEL ID NUMBER(S): 2735-142-08-701 (- 716) CURRENT ZONING: Affordable Housing (AH) — County Zoning PROPOSED ZONING: Residential/Multi-Family (R/MF) with a PUD Overlay - City Zoning CURRENT LAND USE: Three (3) buildings composed of sixteen (16) multi -family residences. PROPOSED LAND USE: No changes proposed to current land use. PLANNING & ZONING COMMISSION RECOMMENDATION: R/MF with a PUD Overlay STAFF RECOMMENDATION: Approval SUMMARY: Aspen Highlands Villas (Lot 10) located at 98 Glen Dee Road is a 2.57 acre lot between Glen Dee and Maroon Creek Roads. The Applicants (Exhibit C) have petitioned to annex the Aspen Highlands Villas Condominium Complex (see Exhibit B for map) into the City of Aspen from Pitkin County. Upon annexation, Colorado Statutes require that the property be assigned to an appropriate City zone district. REVIEW PROCEDURE: Rezoning/Initial Zoning. Once the property is officially annexed into the City of Aspen, there is a statutory obligation to zone the property with a city zone district within ninety (90) days of that date. The Planning and Zoning Commission shall consider the application at a public hearing and recommend a city zone district for the property to the City Council. The City Council will then conduct a public hearing and assign the official zoning status within the timeframe. BACKGROUND: Lot 10 was part of the Aspen Highlands Subdivision approved by the Pitkin County Board of Commissioners on May 26, 1981 (Exhibit D). As part of the subdivision process it was zoned as Permanent Moderate Housing - Planned Unit Development (PMH-PUD). The PUD established that only sixteen units, as stipulated in the plans, could be developed on the site. Within eighteen months of that approval, on September 7, 1982, the owners of those sixteen units were granted a Minor PUD Amendment by the Pitkin County Board of Commissioners permitting them "to enclose the front and rear patios and balconies in order to increase the units' storage and living areas" (Exhibit E). Currently, ten (10) of the units have enclosed one of the patios and three (3) of the units have enclosed both patio spaces (Exhibit F). In 1994, Pitkin County changed all of their PMH districts to Affordable Housing (AH). Consequently the zoning of Lot 10 was changed. All development rights and dimensional requirements established by the original PUD agreement and PUD Amendment were retained and ran with the property. All the units are deed restricted for Affordable Housing. Regardless of what zoning is given to the parcel, that deed restriction will be in effect. It runs with the land and cannot be altered through a change in zoning. 2 PREVIOUS ACTION: The Planning and Zoning Commission considered this initial zoning request during a public hearing on January 4 that was continued to January 18, 2005. At the hearing on January 18, 2005 the Planning and Zoning Commission recommended approval of this zoning action. STAFF COMMENTS: Staff has examined several options to make a recommendation about the appropriate zoning of the Highland Villas. Based on examinations of the current zoning, the land use and zoning of surrounding areas, the existing allowable dimensional requirements, and a physical inspection of the site, Staff believes that Land Use Code Section 26.710.090, R/MF (Residential/Multi-Family) Zone District, with a PUD overlay, would be the appropriate designation for this site. Staff further recommends that the PUD overlay be consistent with what currently exists on the property; all development rights and dimensional requirements established by the original Pitkin County PUD agreement and subsequent PUD Amendment should be retained and run with the property. Section 26.710.090 of the City of Aspen Municipal Code lists multi -family dwellings as a specific permitted use and reads that, "Lands in the Residential/Multi-Family (R/MF) zone district are typically those found in the original Aspen Townsite, within walking distance of the center of the city, or include lands on transit routes, and other lands with existing concentrations of attached residential dwellings and mixed attached and detached residential dwellings." (Review criteria and Staff Findings have been included as Exhibit A). Staff also evaluated AH/PUD zoning (Exhibit G) as a possibility for zoning this property and recommends against it for various reasons. The AH/PUD zone district is directed more specifically toward attracting new Affordable Housing development and is an incentive zone district. The code reads that, "The purpose of the Affordable Housing/Planned Unit Development (AH/PUD) zone district is to provide for the use of land for the production of Category 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." (Exhibit H) Residential use is among the permitted uses within the AH/PUD zoning district, but it is specifically established to encourage development of affordable housing. It states that, "A minimum of seventy percent (70%) of the project's total bed rooms shall be deed restricted affordable housing consistent with the Affordable Housing Guidelines." The AH/PUD zone district code language goes on to explain that, "The remaining bedrooms that are not deed restricted to affordable housing may be free market residential units." (Exhibit H) Such language is obviously included to encourage new development of affordable housing. Having been in existence since 1981, Highlands Villas is certainly not a new development, but is rather an "existing concentration of attached residential 3 dwellings" located along a "transit route(s)" as specified in the R/MF zone district. The Applicants are proposing no new development on the property, but simply desire to maintain the option of enclosing patio spaces as granted in the PUD Amendment approved by Pitkin County in 1982. The Planning Commission's main concern regarded assigning an initial city zoning of R/MF to this property, fearing that it would gain significantly more development rights than what currently exists. The existing FAR is + 18,600 square feet and the allowable FAR (with slope reduction) under R/MF zoning would be + 31,000 square feet. With a PUD overlay, any changes to the development rights and dimensional requirements established by the existing PUD would have to be accomplished through a PUD amendment and any other necessary land use approvals Staff has examined the property and found that even if the Applicants wished to apply for other development in the future, topography, parking requirements, easements and park space would make it exceptionally difficult to do so. The topography of the property, aside from the existing building footprint and parking area, is very steep. Photo 2 is a shot looking toward the retaining wall behind the units. Development on that portion of the property, due to the steep topography, existing easements and limited space would likely be impossible. Photo 3 shows the wooded section of the lot next to Maroon Creek Road. This wooded portion of the property slants downward toward the road rather dramatically and would not be appropriate for future development opportunities due to the steep topography and drainage issues (a small pond often forms there). Photo 3 The wooded area looking down toward Maroon Creek Road 4 • STAFF RECOMMENDATION: Staff finds that the proposed rezoning application meets or exceeds the requirements set forth in Land Use Code Section 26.310.040, Amendments to the Land Use Code and Official Zone District Map, to approve an amendment to the official zone district map. Staff recommends that City Council assign the zoning of Aspen Highlands Villas (Lot 10) to Residential/Multi-Family (R/MF) with a PUD overlay. RECOMMENDED MOTION: "I move to approve Ordinance No. 11, Series of 2005, assigning the property at 98 Glen Dee Road, Aspen Highlands Villas (Lot 10), to the Residential/Multi-Family (R/MF) City zone district with a PUD overlay." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Vicinity and Current Zoning Map Exhibit C -- Applicant/Owner List Exhibit D -- Resolution No. 81-39 (Pitkin County Board of Commissioners) Exhibit E -- Resolution No. 82-19 (Pitkin County Board of Commissioners) Exhibit F -- Unit layouts showing areas allowed to be enclosed Exhibit G -- Aspen City Code Section 26.710.090 Residential Multi -Family (R/MF) Exhibit H -- Aspen City Code Section 26.710.110 Affordable Housing/Planned Unit Development (AH/PUD) Exhibit I -- Pitkin County Code Section 3-40-070 Affordable Housing (AH) 5 ORDINANCE NO. 11 (SERIES OF 2005) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO ASSIGNING ASPEN HIGHLANDS VILLAS (LOT 10) TO THE AFFORDABLE HOUSING (AH) ZONE DISTRICT WITH A PUD OVERLAY. PARCEL ID NUMBER(S): 2735-142-08-701 (- 716) WHEREAS, the owners of the sixteen (16) deed -restricted, affordable housing units of the "Aspen Highlands Villas (Lot 10)", a parcel of land located at 98 Glen Dee Road, petitioned for annexation into the City of Aspen, and, WHEREAS, the property is approximately +2.57 acres, legally described herein; and, WHEREAS, the property was annexed into the City of Aspen from Pitkin County on January 24, 2005 pursuant to Ordinance No. 49, Series of 2004; and, WHEREAS, the City Council of the City of Aspen must designate a city zone district for the property within 90 days of the final 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 parcel of land and recommended the property be designated to the Residential/Multi-Family (R/MF) Zone District with a PUD overlay; and, WHEREAS, the property was initially zoned with a PUD overlay by the Board of County Commissioners of Pitkin County through Resolution No. 81-39; and, WHEREAS, the initial PUD was amended by the Planning and Zoning Commission of Pitl:in County through Resolution No. 82-19; and, WHEREAS, the conditions established by the previously approved County PUD will be recognized as the City site specific development approval under the zoning approved hearing; and, WHEREAS, the City of Aspen Planning and Zoning Commission conducted a duly noticed public hearing on January 4, 2005, and continued the hearing to January 18, 2005 and found that the R/MF zone district with a PUD overlay is appropriate for the property and in keeping with the Aspen Area Community Plan; and, WHEREAS, during the Aspen Highlands Villas continued hearing on January 18, 2005, the Planning and Zoning Commission approved Resolution 3, Series of 2005, by a three to one (3-1) vote, recommending that City Council assign Aspen Highlands Villas (Lot 10) to the Residential/Multi-Family (R/MF) zone district with a PUD overlay; and, WHEREAS, during a duly noticed public hearing on March 14, 2005, the Aspen City Council will review the application according to the applicable provisions of the Municipal Code as identified herein, and will review and consider the recommendation of the Community Development Director and Staff, the Planning and Zoning Commission, and will consider public comment; and, WHEREAS, the City Council finds that the application meets or exceeds all applicable standards of the land use code of the City of Aspen Municipal Code and that the approval of the proposal is consistent with the goals and elements of the Aspen Area Community Plan; 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: That the land identified as Aspen Highlands Villas (Lot 10) and commonly referred to as "Highlands Villas (Lot 10)" be assigned Affordable Housing (AH) Zoning with a PUD overlay, as described below, and direct the Community Development Director to amend the Official Zone District Map accordingly. Aspen Highland Villas (Lot 10) Legal Description: A tract of land known as Lot 10, Aspen Highlands Subdivision, Filing No. 2, recorded in Plat Book 11 at page 50 also being in the E '/2 of the NW '/4 and the SW '/4 of the NW '/4 of Section 14, Township 10 South, Range 85 West of the 61h Principal Meridian, Pitkin County, Colorado being more particularly described as follows: Beginning at a point on the easterly right-of-way of the Maroon Creek County Road whence the North '/4 corner of said Section 14 bears N40°30'33"E a distance of 1745.05 feet with all bearings being relative to a bearing of NO 1 °41 ' 31 "E between the SW corner and the W '/4 corner of said section 14; thence S32°04'26"E a distance of 28.41 feet along the south line of Lot 1 Aspen Highlands Subdivision; thence along the westerly line of a parcel of land described in Book 194 at Page 484 of the records of the Pitkin County Clerk and Recorder the following courses: thence S 11 °34'29"W a distance of 86.46 feet; thence SO 1 °29'45"W a distance of 165.95 feet; thence S 14°04'21 "W a distance of 109.09 feet; thence S20°25'26"W a distance of 293.36 feet; thence N36°52'22"W a distance of 52.59 feet to the northeasterly corner of a parcel of land described in Book 188 at Page 17 of the records of the Pitkin County Clerk and Recorder; thence along the northerly line of said Book 188 at Page 17 N60°22'57"W a distance of 237.89 feet to said easterly right-of- way line of the Maroon Creek County Road; thence along said easterly right-of-way line following the following courses: N29°18'59"E a distance of 84.98 feet; thence 144.20 feet along the arc of a 800.49 feet radius curve to the right, having a central angle of 10° 19' 16" and subtending a chord bearing N34°28'00"E 144.00 feet; thence N39°36'53"E a distance of 393.26 feet the POINT OF BEGINNING, containing 2.569 acres, more or less. SECTION 1: This Ordinance shall not affect 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. 2 0 • SECTION 2: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. SECTION 3: The City of Aspen hereby accepts and adopts the Planned Unit Development plan approvals, granted by Pitkin County via Pitkin County Resolution 81-39 and 82-19, allowing for the expansion of individual units on the property. SECTION 4 That the City Clerk is directed, upon adoption of this Ordinance, to record a copy of this Ordinance in the office of the Pitkin County Clerk and Recorder. SECTION 5: A public hearing on the Ordinance shall be held on the 14th day of March, 2005, at a meeting that begins at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which a public hearing notice of the same shall be published in a newspaper of general circulation in the city. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 14°i day of February, 2005. Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this Attest: Kathryn S. Koch, City Clerk Helen K. Klanderud, Mayor day of , 2005. Helen K. Klanderud, Mayor • 0 ApproN ed as to form: City Attorney H:\ChrisL\Applications\City Council\Highlands Villas Zoning\CC EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS AMENDMENT TO THE OFFICIAL ZONING MAP OF ASPEN HIGHLANDS VILLAS (LOT 10) Section 26.310.040, Standards Applicable to Rezoning In reviewing an amendment to the official zone district map, the City Council shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. STAFF FINDING: I DOES IT COMPLY? I YES The proposed zoning is consistent with the Land Use Code and does not represent any potential conflicts. This zoning provides the most congruent land use regulations with those previously provided in Pitkin County and provides the most appropriate zoning given the location, topography and access. In addition, the proposed rezoning application will not create any zoning non -conformities with respect to the existing Highlands Villas B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. STAFF FINDING: DOES IT COMPLY? YES Staff believes that the proposed zoning is consistent with the Aspen Area Community Plan. The future land use map in the AACP envisions this site as a residential property with both multi -family and affordable housing, which is allowed for with the proposed zoning. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. STAFF FINDING: I DOES IT COMPLY? I YES The subject property borders City land to the south that is zoned R/MF with a PUD overlay. Given this contiguous zoning designation, Staff believes that R/MF with PUD overlay would be most appropriate for this property to avoid spot zoning. The characteristics of this property are also most consistent with the R/MF City zoning. It is also contiguous with the City of Aspen boundary along the north/west side of the property being separated only by Maroon Creek Road. The current City Zoning in that area is C PD (Conservation PUD). The rest of the subject property is surrounded by County land that is zoned R30 (Suburb Density Residential). D. The effect of the proposed amendment on traffic generation and road safety. STAFF FINDING: DOES IT COMPLY? YES Staff does not believe that the proposed zoning will have a significant effect on traffic generation or road safety because it would not increase the number of allowed residential units to the property. 1 0 E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. STAFF FINDING: I DOES IT COMPLY? I YES There will not be an increase in the demand for public facilities as a result of the proposed rezoning request because it would not allow an increase in the number of residential units without GMQS approval. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. STAFF FINDING: I DOES IT COMPLY? I YES The proposed zoning application would not result in significant adverse impacts on the environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. STAFF FINDING: I DOES IT COMPLY? I YES Staff believes that the proposed zoning application is consistent with the community and neighborhood character of the area in that the new zoning would not allow for any type of development that is not consistent with the predominant uses in the area. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. STAFF FINDING: DOES IT COMPLY? YES The annexation of Lot 10 itself has produced changed conditions (land transferred from County to City) that warrant the proposed amendment. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. STAFF FINDING: I DOES IT COMPLY? I YES It is in the public interest to assign City of Aspen zoning to this parcel once it becomes a part of the City. This zone district (R/MF) represents the closest approximation to the previous Pitkin County zoning, and does not pose any conflicts to the public interest. Staff believes the proposed zoning promotes the purpose and intent of this Title and is in harmony with the public interest. • EAS� NAME DATE PHYSICAL ADDRESS PARCEL ID # SIGNATURE OF OWNER'S Tuvia Stein 1 Highlands Villas 273514208701 Elizabeth and John Bokram 2 Highlands Villas David and Lisa Vantine 3 Highlands Villas Aspen School D"istrict 4 Highlands Villas Katrina Johnson 5 Highlands Villas Jennifer and Tim Lamb 6 Highlands Villas Lisa and Joe Kistner 7 Highlands Villas Lee Cassin and Dave Tolen 8 Highlands Villas Wendy Larson 9 Highlands Villas Jim and Mary Owens to Highlands Villas M.,ariah Shipp 11 Highlands Villas Phil and Jill Hedrick 12 Highlands Villas Sean and Erica Groover 13 Highlands Villas. Patsy Malone 14 Highlands Villas Marlene Schroeder 15 Highlands Villas Phyllis Kenny and Charlie Varonen 16 Highlands Villas 2735142087C 273514208703 27351 4208704 273514208705 a� 2735142087o6 D-73514208707 273514208708 273514208709 27351420871 27351420871 27351 420871 273514208713 �5- ��� er��✓ 273514208714 273514208760 ✓ Z735142-08716 W s RECORDED AT 4:01 A.K.: 9 JUKE, 1981 LORETTA BANNER, RECORDER RESOLUTION OF THE BOARD OF COUNTY COMIMISSIONS OF PITKIN COUNTY, COLORADO 3351s RECEPTION A GRANTING PMH-PUD REZONING AND FINAL PLAT APPROVAL FOR THE ASPEN HIGHLANDS SUBDIVISION FILING 2 Resolution No. 81 - 39 WHEREAS, Aspen Highlands Skiing Corporation, a Deleware corporation and Wipple Van Ness Jones (hereinafter referred to as "Applicant") are the owners of record of 15.33 acres of real property located in Pitkin County, Colorado more specifically described in the attached Exhibit "A", and it ryft WHEREAS, the Applicant has applied for rezoning of 2.57 acres of said property, more specifically described as Exhibit`"B" attached hereto and in- corporated:by this reference, to PMH-PUD for the -purpose of development of ti a 20 unit multi -family employee housing project-,a`nd for the creation of 8 new single family free market homesites on the balance, of the property, and WHLREAS, a public hearing was held on October 13. 1960 at which time the Board heard evidence and testimony presented with respect to this applica- e tion. " NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado, that PMH-PUD rezoning for the 2.57 acre site described on Exhibit "B" to be used for no more than sixteen (1E) multi -family PMH dwelling units ,nd Final Plat approval is hereby granted for the proposed multi- family development and the eight (8) new single family free market homesites subject to the following conditions: 1. The County Engineer will work with adjacent property owners whose properties lie adjacent to the PMH-PUD project to determine the appro- priate screening technics.Al �. 2. The Applicant shall pay the pro rats share of paving Glen Eagle Drive at such time as an improvement district is formed (Pro rata shall mean, x' in this case. no less than a 4/15 share of the total cost of the road improvement). This responsibility shall rest with the Aspen Highlands Skiing Corporation and "hall not be tranwferred. t: 3. All resales of the Aspen Highlands Villas shall be subject to the Pitkin z County's Resale Agreement. 4. The Applicant shall execute and record Improvements Agreement for the construction of a bus stop and for the paving of Glen Dee Drive from the entrance of the PMH-PUD project to Maroon Creek Road and for the paving of Glen Gary Drive South, i� S. the Applicant shall prei•are a Condominium Plat to be approved by the County Engineer for the. PMH-PUD project prior to recording. - 6. The Applicant shall execute and record Condominium Declarations tc be approved by the County Attorney prior to recording. 7. The Applicant shall execute and record the Declaration of Restrictions Agreement in which the Aspen highlands Skiing Corporation accepts re- t�, sponsibility for snow removal and maintenance of Glen Gary Dri'•e South. Approved by the Board of County Cunmissioners of Pitkin County, Colorado at their regular meeting on May 26, 1981. BOARD OF COUNTY COMMISSIONERS OF PiTKIN COUNTY, COLOPAOO ob Chi I d, Chairman ATTEST F County Clerk APPROVED AS TO FORM: i— f E � Co�unt� ttorfley z� 436 RESOLUTION OF THE PLANNING AND ZONING COMMISSION " OF PITKIN COUNTY, COLORADO, GRANTING SPECIAL APPROVAL TO MINOR AMENDMENTS 2 rJ TO THE HIGHLAND VILLAS CONDOMINIUM PLAT fV .- - -Tj f Tj �'-+ - Resolution No. 82 - 19 —o - _1m c1= Cil cp N rn � WHEREAS the owners of the sixteen units at Highland Villas are owners in common of a 2.57 acre parcel of real property in Pitkin County, Colorado more specifically described in the attached Exhibit "A"; and WHEREAS, the owners of these sixteen units have requested special approval for minor amendments to be made to the Highland Villas Condominium Plat; and WHEREAS, the Planning and Zoning Commission of Pitkin County, Colorado held a meeting on June 22, 1982, at which time evidence and testimony were presented with respect to this application. NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of Pitkin County, Colorado that special approval is hereby granted in order to allow the requested amendments to the Highland Villas Condominium Plat. The approval allows the owners of the sixteen units at Highland Villas to enclose the front and rear patios and balconies in order to increase the units' storage and living areas. APPROVED by the Pitkin County Planning and Zoning Commission at their regular meeting on -, 1982. 7'uNe'2211182. + SeI'Mr"BeR 9, )q S Z- PITKIN COUNTY PLANNING AND ZONING.COMMISSION t By:lf���� 2a+-r Qa-y, hai n MtGU/aEc� C-;ASlz�N ATT t' Deputy County Clerk /Attachment � ��--- � 6 (w��5 �3- �6) 5-7 A D =Dji YS y. 7.3 0' CE 8067 613 c le a o fae. as ADD. 16 26.710.090 Residential Multi -Family (R/MF) A. Purpose. The purpose of the Residential/Multi-Family (R/MF) zone district is to provide for the use of land for intensive 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 Residential/Multi-Family (R/MF) zone district are typically those found in the Aspen Infill Area, within walking distance of the center of the city, or lands on transit routes, and other lands with existing concentrations of attached residential dwellings and mixed attached and detached residential dwellings. B. Permitted uses. The following uses are permitted as of right in the Residential/Multi-Family (R/MF) zone district: 1. Detached residential dwelling. 2. Two detached residential dwellings. 3. Duplex dwelling. 4. Multi -family dwellings. 5. Home occupations. 6. Accessory buildings and uses. 7. Dormitory. 8. Accessory Dwelling Units and Carriage Houses meeting the provisions of Section 26.520. 9. For historic landmark properties: bed and breakfast, and boardinghouse. C. Conditional uses. The following uses are permitted as conditional uses in the Residential/Multi-Family (R/MF) zone district, subject to the standards and procedures established in Chapter 26.425: 1. Arts, Cultural, and Civic Uses. 2. Academic Uses. 3. Recreational Uses. 4. Group home. 5. Child care center. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Residential/Multi-Family (R/MF) zone district: 1. Minimum lot size (square feet): 6,000. For Historic Landmark properties: 3,000. 2. Minimum lot area per dwelling unit (square feet): a. Detached residential dwelling: 4,500. For Historic Landmark properties: 3,000. b. Duplex dwelling unit: 4,500. For Historic Landmark properties: 3,000. c. Multi -family dwellings: No requirement. d. Bed and breakfast, boardinghouse: No requirement. 3. Minimum lot width (feet): 60. For Historic Landmark properties: 30. 4. Minimum front yard setback (feet): a. Detached residential and Duplex dwellings: Same as R6 zone district. b. Multi -Family: 5. • 5. Minimum side yard setback (feet): a. Detached residential and Duplex dwellings: Same as R6 zone district. b. Multi -Family: 5. 6. Minimum rear yard setback (feet): a. Detached residential and Duplex dwellings: Same as R6 zone district. b. Multi -Family: 5. 7. Maximum height (according to density)(feet): a. Detached residential and Duplex dwellings: Same as R6 zone district. b.Multi-Family — parcel density less than one unit per 1,506 square feet of lot area: 25. c. Multi -Family — parcel density equal to or greater than one unit per 1,500 square feet of lot area: 32. 8. Minimum distance between buildings on the lot (feet): a. Detached residential and Duplex dwellings: Same as R6 zone district b.Multi-Family: No requirement. (Building and fire codes may apply.) 9. Pedestrian Amenity Space: Pursuant to Section 26.575.030. 10. Floor Area Ratio (FAR) (applies to each type of use, according to density) (applies to con forming and nonconforming lots of record): a. Detached residential and Duplex dwellings established prior to the adoption of Ordinance 27, Series of 2004: 100% of the allowable floor area of an equivalent -sized lot located in the R6 zone district. (See R6 Zone District.) Receipt of a Development Order shall constitute the date the use was established. Replacement after Demolition shall not effect a new establishment date for the purposes of this section. City of Aspen Historic Transferable Development Rights shall not be extinguished in this zone district and shall not permit additional floor area. b. Detached residential and Duplex dwellings established after the adoption of Ordinance 27, Series of 2004: 80% of the allowable floor area of an equivalent -sized lot located in the R6 zone district. (See R6 Zone District.) City of Aspen Historic Transferable Development Rights shall not be extinguished in this zone district and shall not permit additional floor area. c. Multi -Family — parcel density of less than one unit per 1,500 square feet of lot area: .75:1. d. Multi -Family — parcel density equal to or greater than one unit per 1,500 square feet of lot area: 1.25 :1. e. Multi -Family — parcel density equal to or greater than one unit per 750 square feet of lot area: 1.5:1. (Ord. No. 56-2000, § 7 (part); Ord. No. 25-2001, § 5 (part); Ord. No. 1-2002 § 20 (part), 2002; Ord. No. 29-2002 § 1, 2002; Ord. No. 27-2004, § 1) • • Faclrb� li 26.710.110 Affordable Housing/Planned Unit Development (AH/PUD) A. Purpose. The purpose of the Affordable Housing/Planned Unit Development (AH/PUD) zone district is to provide for the use of land for the production of Category 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 AH/PUD 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. Lands in the AH/PUD zone 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 AH/PUD zone district can protect the City's neighborhoods from rezoning pressures that other non -community oriented zone districts may produce. Further, lands in the AH/PUD zone district should be located within walking distance of the center of the City, or on transit routes. B. Permitted uses. The following uses are permitted as of right in the AH/PUD zone district: 1. Residential uses restricted to Category affordable housing guidelines and residentoccupied units which comply with the following requirements: a. Minimum Bedroom Mix. A minimum of seventy percent (70%) of the project's total bed -rooms shall be deed restricted affordable housing consistent with the Affordable Housing Guidelines. The mix between categories of housing shall be consistent with the Affordable Housing Guidelines. The remaining bedrooms that are not deed restricted to affordable housing may be free market residential units. b. Permissible reduction in bedroom mix for exemplary projects. A project may be eligible for a reduction of the minimum affordable housing bedroom mix requirement to a level of sixty percent (60%) of the project's total bedrooms if the applicant can demonstrate to the satisfaction of the City Council that the project meets the requirements for an exceptional project as set forth in the Affordable Housing Guidelines. 2. Home occupations; 3. Accessory buildings and uses; and 4. Accessory dwelling units meeting the provisions of Section 26.520. C. Conditional uses. The followings uses are permitted as conditional uses in the Affordable Housing (AH) zone district, subject to the standards and procedures established in Chapter 26.425: 1. Park and open use recreation site; • 0 2. Child care center; 3. Satellite dish antennae; 4. Dormitory; and 5. Transit facilities. D. Dimensional requirements. The following dimensional requirements shall be established by adoption of a Final PUD Development Plan and shall apply to all permitted and conditional uses in the Planned Unit Development: 1. Minimum Lot Size. 2. Minimum Lot Area per dwelling unit. 3. Maximum allowable density. 4. Minimum lot width. 5. Minimum front yard. 6. Minimum side yard. 7. Minimum rear yard. 8. Maximum site coverage. 9. Maximum height (including view planes). 10. Minimum distance between buildings on the lot. 11. Minimum percent open space required for the building site. 12. Trash access area. 13. Allowable Floor Area. 14. Minimum off-street parking spaces. 15. Other dimensions determined necessary to establish through the PUD process. Note #1: The maximum allowable density permitted in this zone shall be established by adoption of a Final PUD Development Plan by using the following table applied to the proposed fathering parcel as a guide: Unit Type Minimum Lot Area* per dwelling unit (square feet) Dormitory 300 Studio 400 One Bedroom 500 Two Bedroom 1000 Three Bedroom 1500 Three+ Bedrooms 500Bedroom Note #2: The allowable floor area permitted in this zone shall be established by adoption of a Final PUD Development Plan by using the following table applied to the proposed fathering parcel as a guide: • 0 Fathering parcel Lot Area* Allowable Floor Area Ratio 0--15,000 square feet 1.1:1 15,001--25,000 square feet 1:1 25,001-43,560 square feet .8:1 > 1 acre--3 acres .6:1 >3 acres--6 acres .36:1 >6 acres .3:1 * Lot Area as defined in the Land Use Code. (Ord. No. 55-2000, § 22) • • ExlI 101�z 3-40-070 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 proximity to incorporated or unincorporated towns but should be located in areas with minimal impacts on surrounding areas, free of environmental hazards. 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. Category 1, 2, 3 or 4 deed restricted single-family dwelling units. 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; the total space shall be limited to eighty (80) square feet or gross leasable space per dwelling unit in the district. 16. Manufactured home. 17. Satellite reception devices. 18. Schools/universities. 19. Sewage disposal areas/landfills/water plants. 20. Uses, activities and facilities permitted by special use permit issued by federal agencies. 21. Water crossing and diversion. D. Prohibited Uses: The following uses are prohibited in the Affordable Housing (AH) Zone District: 1. Airport. 2. Alpine ski areas and support. 3. Amusement and entertainment establishments. 4. Animal production and husbandry services, and other farm and agricultural uses. 5. Commercial automobile parking lots. 6. Commercial camping areas. 7. Commercial firewood splitting, storage and sales. 8. Commercial kennels and veterinary clinics. 9. Commercial riding stables. 10. Equipment supplies and contraction or subcontraction. 11. Essential government and public utility uses, facilities and services. 12. Financial institutions. 13. General services. 14. Guest ranches. 15. Hospitals. 16. Junk yards. 17. Logging. 18. Medical/dental clinics. 19. Mineral exploration/mining concrete batch plants. 21. Motels, hotels, lodges. 22. Nordic ski areas and support facilities. 23. Offices. 24. Places for retailing of goods. 25. Professional offices. 26. Radio transmitting station. 27. Research facilities, indoors. 28. Research facilities, other. 29. Resort cabins. 30. Restaurants and bars. 31. Timesharing/fractional fees. 32. Uses not listed. 33. Vehicle and aircraft sales and service. E. Dimensional Requirements: The following dimensional requirements shall apply to all permitted and special review uses in the Affordable Housing (AH) Zone District: 1. Minimum lot area: six thousand (6,000) square feet. 2. Minimum lot area principal use is dependent upon the type of affordable housing: a. Single-family dwelling (SFD): three thousand (3,000) square feet. b. Duplex (DUP): three thousand (3,000) square feet. c. Multi -family studio (MF-ST): one thousand (1,000) square feet. d. Multi -family one bedroom: one thousand two hundred fifty (1,250) square feet. e. Multi -family two -bedroom: two thousand (2,000) square feet. f. Multi -family three -bedroom: three thousand (3,000) square feet. 3. Minimum usable open space per dwelling unit: one thousand two hundred (1,200) square feet. 4. Minimum front yard setback: See Figure 3-1. 5. Minimum side yard setback: See Figure 3-1. 6. Minimum rear yard setback: See Figure 3-1. • • 7. Minimum lot width: thirty feet (30'). 8. Maximum height principal structure: twenty-eight feet (28'). 9. Maximum height accessory structure: twenty feet (20'). 10. Maximum floor area ratio: .50. (Ord. 99-36 Att. B (part)) l ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ����`16 LCk tQ(yb (SIC/\ � �J), Aspen, CO SCHEDULED PUBLIC HEARING DATE: rnpa 1, 200-5 STATE OF COLORADO ) ss. County of Pitkin ) I, (name, please print) being or represen41g an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. +� Posting g1'notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 200, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendme s. i ure The foregoing "Affidavit of Notice" was acknowle-dged efore me this !-� day of 200—r>, by T 1 .5 WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 1C OATES 0 Nam•, P OF C 0 0 ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL La PITKIN COUNTY 530 E MAIN ST STE 302 ASPEN, C081611 MCCREARY WILLIAM F & PHILLIS M 9750 AMANITA AVE TUJUNGA, CA91042 EPOCH-DEMPSEY DLVP LLC C/O EPOCH PROPERTIES 359 CAROLINA AVE WINTER PARK, FL32780 EPOCH-DEMPSEY DLVP II LLC C/O EPOCH PROPERTIES 359 CAROLINA AVE WINTER PARK, FL32780 EPOCH-DEMPSEY DLVP LLC C/O EPOCH PROPERTIES 359 CAROLINA AVE WINTER PARK, FL32780 BOKRAM ELIZABETH & JOHN 0098 GLENN DEE RD ASPEN, C081611 • STOCKMAN J & D 105 CONYERS FARM DR GREENWICH, CT06831 PAUL JOHN WILLIAM 400 RUE ST ANN APT 107 METAIRIE, LA70005 REICHENTHAL PHILIP J 9100 S DADELAND BLVD #415 MIAMI, FL33156 EPOCH-DEMPSEY DLVP LLC C/O EPOCH PROPERTIES 359 CAROLINA AVE WINTER PARK, FL32780 STEIN TUVIA HIGHLANDS VILLAS #1 98 GLEN DEE RD ASPEN, C081611 ASPEN SCHOOL DISTRICT NO 1 JOHNSON KATRINA RE PO BOX 1993 0235 HIGH SCHOOL RD ASPEN, C081612 ASPEN, C081611 KENNY PHYLLIS ZAGORSKI-KISTNER VARONEN CHARLES H ELIZABETH M HIGHLANDS VILLAS #16 GLEN 98 GLEN DEE RD #7 DEE RD ASPEN, C081611 ASPEN, C081611 LARSON WENDY L HIGHLANDS VILLAS #9 98 GLEN DEE RD ASPEN, C081611 OWENS JAMES L & MARY B #10 HIGHLANDS VILLAS ASPEN, C081611 0 MAROON CREEK CLUB MASTER ASSOCIATION 10 CLUB CIR ASPEN, C081611 LOVVORN W LAMAR FBO KALETA ANN DOOLIN PO BOX 45562 DALLAS, TX75245 GOLDBERG ANA 36 GLEN GARRY DRIVE ASPEN, C081611 PITKIN COUNTY 530 E MAIN ST STE 302 ASPEN, C081611 WANGER LEAH ZELL & RALPH 1540 N LAKE SHORE DR CHICAGO, IL60610 VANTINE DAVID K & LISA A HIGHLANDS VILLAS 43 ASPEN, C081611 LAMB TIM E & JENNIFER C 0098 GLEN DEE RD #6 ASPEN, C081611 CAS SIN LEE E TOLEN DAVID 8 HIGHLANDS VILLAS ASPEN, C081611 SHIPP BEVERLY A 0098 GLEN DEE HIGHLANDS VILLAS #11 ASPEN, C081611 HEDRICK PHILIP E & JILL A STEARN LEATHEM GROOVER SEAN & ERICA C 12 HIGHLANDS VILLA 37 FERRY LN 98 GLEN DEE RD # 13 ASPEN, C081611-3307 WESTPORT, CT06880 ASPEN, C081611 0 6 MALONE MARTHA N SCHROEDER MARLENE FOXBEND DEVELOPMENT HIGHLANDS VILLAS 414 PO BOX 809 CORP ASPEN, C081611 ASPEN, C081612 C/O SUSAN L BURNS SCOTTSDALE, AZ85262-1247 ASPEN HIGHLANDS COMMERCIAL METRO DIST C/O ABACUS BOOKKEEPING ASPEN, C081612 STEWART TODD 1/2 46 CLOUD NINE LN ASPEN, C081611 SCIARRONE CAROLYN V & EDWARD F 18 CLOUD NINE LN ASPEN, C081611 BAKER JAMES A SR & SANDY J 37 CLOUD NINE LANE ASPEN, C081611 SAX BRYAN & CHRISTY PO BOX 4256 ASPEN, C081612 ASPEN HIGHLANDS COMMERCIAL METRO DIST C/O ABACUS BOOKKEEPING ASPEN, C081612 ASPEN HIGHLANDS COMMERCIAL METRO DIST 715 W MAIN ST ASPEN, C081611 REGAN DYLAN & BERNADETTE 49 CLOUD NINE LN ASPEN, C081611 ASPEN HIGHLANDS COMMERCIAL METRO DIST C/O ABACUS BOOKKEEPING P0BOX 9164 ASPEN, C081612 WILTROUT BOYCE W 201 CYPRESS LN COLORADO SPRINGS, C080906 POMEROY JIM & JILL 56 CLOUD NINE LN ASPEN, C081611 LUONG MEI YEE 10 CLOUD NINE LN ASPEN, C081611 LANESE DOMINIC C & EMILY E 21 CLOUD NINE LN ASPEN, C081611 ASPEN HIGHLANDS COMMERCIAL METRO DIST C/O ABACUS BOOKKEEPING ASPEN, C081612 0 MEMORANDUM 01 V1 Ic TO: Mayor Klanderudca IndCity Council THRU: Chris Bendon, Cor3im" Iindity Development Director FROM: Chris Lee, Planner RE: Aspen Highlands Villas (Lot 10) Initial City Zoning — First Reading of Ordinance No.II, Series of 2005. DATE: February 14, 2005 APPLICANT: City of Aspen LOCATION: 98 Glen Dee Road LOT SIZE: + 2.57 acres, 111,949 square feet PARCEL ID NUMBER(S): 2735-142-08-701 (- 716) CURRENT ZONING: Affordable Housing (AH) — County Zoning PROPOSED ZONING: Residential/Multi-Family (R/MF) with a PUD Overlay - City Zoning CURRENT LAND USE: Three (3) buildings composed of sixteen (16) multi -family residences. PROPOSED LAND USE: No changes proposed to current land use. PLANNING & ZONING COMMISSION RECOMMENDATION: R/MF with a PUD Overlay STAFF RECOMMENDATION: Approval SUMMARY: Aspen Highlands Villas (Lot 10) located at 98 Glen Dee Road is a 2.57 acre lot between Glen Dee and Maroon Creek Roads. The Applicants (Exhibit C) have petitioned to annex the Aspen Highlands Villas Condominium Complex (see Exhibit B for map) into the City of Aspen from Pitkin County. Upon annexation, Colorado Statutes require that the property be assigned to an appropriate City zone district. REVIEW PROCEDURE: Rezoning/Initial Zoning. Once the property is officially annexed into the City of Aspen, there is a statutory obligation to zone the property with a city zone district within ninety (90) days of that date. The Planning and Zoning Commission shall consider the application at a public hearing and recommend a city zone district for the property to the City Council. The City Council will then conduct a public hearing and assign the official zoning status within the timeframe. BACKGROUND: Lot 10 was part of the Aspen Highlands Subdivision approved by the Pitkin County Board of Commissioners on May 26, 1981 (Exhibit D). As part of the subdivision process it was zoned as Permanent Moderate Housing - Planned Unit Development (PMH-PUD). The PUD established that only sixteen units, as stipulated in the plans, could be developed on the site. Within eighteen months of that approval, on September 7, 1982, the owners of those sixteen units were granted a Minor PUD Amendment by the Pitkin County Board of Commissioners permitting them "to enclose the front and rear patios and balconies in order to increase the units' storage and living areas" (Exhibit E). Currently, ten (10) of the units have enclosed one of the patios and three (3) of the units have enclosed both patio spaces (Exhibit F). In 1994, Pitkin County changed all of their PMH districts to Affordable Housing (AH). Consequently the zoning of Lot 10 was changed. All development rights and dimensional requirements established by the original PUD agreement and PUD Amendment were retained and ran with the property. PREVIOUS EVICTION: The Planning and Zoning Commission considered this initial zoning request during a public hearing on January 4 and January 18, 2005. At the hearing on January 18, 2 2005 the Planning and Zoning Commission recommended approval of this zoning action. STAFF COMMENTS: Staff has examined several options to make a recommendation about the appropriate zoning of the Highland Villas. Based on examinations of the current zoning, the land use and zoning of surrounding areas, the existing allowable dimensional requirements, and a physical inspection of the site, Staff believes that Land Use Code Section 26.710.100, R/MF (Residential/Multi-Family) Zone District, with a PUD overlay, is the appropriate designation to be assigned to this site. (Review criteria and Staff Findings have been included as Exhibit A). Staff evaluated AH/PUD zoning as a possibility this property. Staff has diligently researched this option and recommends against it for various reasons. Section 26.710.090 (R/MF) of the City of Aspen Municipal Code lists multi -family dwellings as a specific permitted use and reads that, "Lands in the Residential/Multi-Family (R/MF) zone district are typically those found....... with existing concentrations of attached residential dwellings and mixed attached and detached residential dwellings." (Exhibit G) By contrast the AH/PUD zone district is directed more specifically toward attracting new Affordable Housing development and is an incentive zone district. The code reads that, "The purpose of the Affordable Housing/Planned Unit Development (AH/PUD) zone district is to provide for the use of land for the production of Category 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." (Exhibit H) Residential use is among the permitted uses within the AH/PUD zoning district, but it is specifically established to encourage development of affordable housing. It states that, "A minimum of seventy percent (70%) of the project's total bed rooms shall be deed restricted affordable housing consistent with the Affordable Housing Guidelines." The AH/PUD zone district code language goes on to explain that, "The remaining bedrooms that are not deed restricted to affordable housing may be free market residential units." (Exhibit H) Such language is obviously included to encourage new development of affordable housing. Having been in existence since 1981, Highlands Villas is certainly not a new development, but is rather an "existing concentration of attached residential dwellings" as specified in the R/MF zone district. The Applicants are proposing no new development on the property, but simply desire to maintain the option of enclosing patio spaces as granted in the PUD Amendment approved by Pitkin County in 1982. The Planning Commission's main concern was concerned with assigning an initial city zoning of R/MF to this property with the fear that it would gain significantly more development rights than what currently exists. In reality, the existing FAR is + 18,600 square feet and the allowable FAR (with slope reduction) under R/MF zoning 3 would be + 31,000 square feet. Moreover, the Applicants would be required to participate in GMQS scoring and Competitive Review to add any free market units to the site. Furthermore, Staff has examined the property and found that even if the Applicants wished to apply for other development in the future, topography, parking requirements, easements and park space would make it exceptionally difficult to do so. The topography of the property, aside from the existing building footprint and parking area, is very steep. Photo 2 is a shot looking toward the retaining wall behind the units. Development on that portion of the property, due to the steep topography, existing easements and limited space would likely be impossible. Photo 3 shows the wooded section of the lot next to Maroon Creek Road. This wooded portion of the property slants downward toward the road rather dramatically and would not be appropriate for future development opportunities due to the steep topography and drainage issues (a small pond often forms there). Photo 3 Shot of the wooded area looking down Toward Maroon Creek Road STAFF RECOMMENDATION: Staff finds that the proposed rezoning application meets or exceeds the requirements set forth in Land Use Code Section 26.310.040, Amendments to the Land U.se Code and Official Zone District Map, to approve an amendment to the official zone district map. Staff recommends that City Council assign the zoning of Aspen Highlands Villas (Lot 10) to Residential/Multi-Family (R/MF) with a PUD overlay. 4 0 ;7 RECOMMENDED MOTION: "I move to approve Ordinance No. , Series of 2005, assigning the property at 98 Glen Dee Road, Aspen Highlands Villas (Lot 10), to the Residential/Multi-Family (R/MF) City zone district with a PUD overlay." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Vicinity and Current Zoning Map Exhibit C -- Applicant/Owner List Exhibit D -- Resolution No. 81-39 (Pitkin County Board of Commissioners) Exhibit E -- Resolution No. 82-19 (Pitkin County Board of Commissioners) Exhibit F -- Unit layouts showing potential areas to be enclosed Exhibit G -- Aspen City Code Section 26.710.090 Residential Multi -Family (R/MF) Exhibit H -- Aspen City Code Section 26.710.110 Affordable Housing/Planned Unit Development (AH/PUD) Exhibit I -- Pitkin County Code Section 3-40-070 Affordable Housing (AH) 5 ORDINANCE NO. (SERIES OF 2005) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO ASSIGNING ASPEN HIGHLANDS VILLAS (LOT 10) TO THE RESIDENTIAL/MULTI- FAMILY (R/MF) ZONE DISTRICT WITH A PUD OVERLAY. PARCEL ID NUMBER(S): 2735-142-08-701 (- 716) WHEREAS, the owners of the sixteen (16) units of the "Aspen Highlands Villas (Lot 10)", a parcel of land located at 98 Glen Dee Road, petitioned for annexation into the City of Aspen, and, WHEREAS, the property is approximately 2.57 ± acres, legally described herein; and, WHEREAS, the property was annexed into the City of Aspen from Pitkin County on January 24, 2005 pursuant to Ordinance No. 49, Series of 2004; and, WHEREAS, the City Council of the City of Aspen must designate a city zone district for the property within 90 days of the final 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 parcel of land and recommended the property be designated to the Residential/Multi-Family (R/MF) Zone District with a PUD overlay; and, WHEREAS, the property was initially zoned with a PUD overlay by the Board of County Commissioners of Pitkin County through Resolution No. 81-39; and, WHEREAS, the initial PUD was amended by the Planning and Zoning Commission of IIItkin County through Resolution No. 82-19; and, WHEREAS, the City of Aspen Planning and Zoning Commission conducted a duly noticed public hearing on January 4, 2005, and continued the hearing to January 18, 2005 and found that the R/MF zone district with a PUD overlay is appropriate for the property and in keeping with the Aspen Area Community Plan; and, WHEREAS, during the Aspen Highlands Villas hearing on January 18, 2005, the Planning and Zoning Commission approved Resolution 3, Series of 2005, recommending that City Council assign Aspen Highlands Villas (Lot 10) to the Residential/Multi-Family (R/MF) zone district with a PUD overlay; and, WHEREAS, during a duly noticed public hearing on March 14, 2005, the Aspen City Council will review the application according to the applicable provisions of the Municipal Code as identified herein, and will review and consider the recommendation of the Community 0 (V Development Director and Staff, the Planning and Zoning Commission, and will consider public comment; and, WHEREAS, the City Council finds that the application meets or exceeds all applicable standards of the land use code of the City of Aspen Municipal Code and that the approval of the proposal is consistent with the goals and elements of the Aspen Area Community Plan; 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 : That the land identified as Aspen Highlands Villas (Lot 10) and commonly referred to as "Highlands Villas (Lot 10)" be assigned Residential/Multi-Family (R/MF) Zoning with a PUD overlay, as described below, and direct the Community Development Director to amend the Official Zone District Map accordingly. Aspen Highland Villas (Lot 10) Legal Description: A tract of land known as Lot 10, Aspen Highlands Subdivision, Filing No. 2, recorded in Plat Book 11 at page 50 also being in the E '/2 of the NW '/4 and the SW '/4 of the NW '/4 of Section 14, Township 10 South, Range 85 West of the 6"' Principal Meridian, Pitkin County, Colorado being more particularly described as follows: Beginning at a point on the easterly right-of-way of the Maroon Creek County Road whence the North '/4 corner of said Section 14 bears N40°30'33"E a distance of 1745.05 feet with all bearings being relative to a bearing of NO 1 °4 F 31 "E between the SW corner and the W '/4 corner of said section 14; thence S32°04'26"E a distance of 28.41 feet along the south line of Lot 1 Aspen Highlands Subdivision; thence along the westerly line of a parcel of land described in Book 194 at Page 484 of the records of the Pitkin County Clerk and Recorder the following courses: thence S 11 °34'29"W a distance of 86.46 feet; thence SO 1 °29'45"W a distance of 165.95 feet; thence S 14°04'21 "W a distance of 109.09 feet; thence S20°25'26"W a distance of 293.36 feet; thence N36°52'22"W a distance of 52.59 feet to the northeasterly corner of a parcel of land described in Book 188 at Page 17 of the records of the Pitkin County Clerk and Recorder; thence along the northerly line of said Book 188 at Page 17 N60°22'57"W a distance of 237.89 feet to said easterly right-of- way line of the Maroon Creek County Road; thence along said easterly right-of-way line following the following courses: N29°18'59"E a distance of 84.98 feet; thence 144.20 feet along the arc of a 800.49 feet radius curve to the right, having a central angle of I O' 19' 16" and subtending a chord bearing N34°28'00"E 144.00 feet; thence N39°36'53"E a distance of 393.26 feet the POINT OF BEGINNING, containing 2.569 acres, more or less. SECTION 1: 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 2: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. SECTION 3: That the City Clerk is directed, upon adoption of this Ordinance, to record a copy of this Ordinance in the office of the Pitkin County Clerk and Recorder. SECTION 4: A public hearing on the Ordinance shall be held on the 14"' day of March, 2005, at a meeting that begins at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which a public hearing notice of the same shall be published in a newspaper of general circulation in the city. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 14"' day of February, 2005. Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this Attest: Kathryn S. Koch, City Clerk Approved as to form: City Attorney Helen K. Klanderud, Mayor day of 2005. Helen K. Klanderud, Mayor 3 EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS AMENDMENT TO THE OFFICIAL ZONING MAP OF ASPEN HIGHLANDS VILLAS (LOT 10) Section 26.92.020, .Standards Applicable to Rezoning In reviewing an amendment to the official zone district map, the City Council shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. STAFF FINDING: I DOES IT COMPLY? I YES The proposed zoning is consistent with the Land Use Code and does not represent any potential conflicts. This zoning provides the most congruent land use regulations with those previously provided in Pitkin County and provides the most appropriate zoning given the location, topography and access. In addition, the proposed rezoning application will not create any zoning non -conformities with respect to the existing Highlands Villas B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. STAFF FINDING: DOES IT COMPLY? YES Staff believes that the proposed zoning is consistent with the Aspen Area Community Plan. The future land use map in the AACP envisions this site as a residential property with both multi -family and affordable housing, which is allowed for with the proposed zoning. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. STAFF FINDING: I DOES IT COMPLY? I YES The subject property borders City land to the south that is zoned R/MF with a PUD overlay. Given this contiguous zoning designation, Staff believes that R/MF with PUD overlay would be most appropriate for this property to avoid spot zoning. The characteristics of this property are also most consistent with the R/MF City zoning. It is also contiguous with the City of Aspen boundary along the north/west side of the property being separated only by Maroon Creek Road. The current City Zoning in that area is C PD (Conservation PUD). The rest of the subject property is surrounded by County land that is zoned R30 (Suburb Density Residential). D. The effect of the proposed amendment on traffic generation and road safety. STAFF FINDING: DOES IT COMPLY? YES Staff does not believe that the proposed zoning will have a significant effect on traffic generation or road safety because it would not increase the number of allowed residential units to the property. • 0 E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. STAFF FINDING: I DOES IT COMPLY? I YES There will not be an increase in the demand for public facilities as a result of the proposed rezoning request because it would not allow an increase in the number of residential units without GMQS approval. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. STAFF FINDING: I DOES IT COMPLY? I YES The proposed zoning application would not result in significant adverse impacts on the environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. STAFF FINDING: I DOES IT COMPLY? I YES Staff believes that the proposed zoning application is consistent with the community and neighborhood character of the area in that the new zoning would not allow for any type of development that is not consistent with the predominant uses in the area. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. STAFF FINDING: I DOES IT COMPLY? I YES The annexation of Lot 10 itself has produced changed conditions (land transferred from County to City) that warrant the proposed amendment. I. Whether the proposed amendment would be in conflict with the public interest, anal is in harmony with the purpose and intent of this title. STAFF FINDING: I DOES IT COMPLY? I YES It is in the public interest to assign City of Aspen zoning to this parcel once it becomes a part of the City. This zone district (R/MF) represents the closest approximation to the previous Pitkin County zoning, and does not pose any conflicts to the public interest. Staff believes the proposed zoning promotes the purpose and intent of this Title and is in harmony with the public interest. P E34 I's NAME PHYSICAqLDPD RESS PARCEL ID #� SIGNATURE OF OWNER'S DATE r� o�—/-- QUy Tuvia Stein 1 Highlands Villas 273514208701 Elizabeth and John Bokram 2 Highlands Villas David and Lisa Vantine 3 Highlands Villas Aspen School District 4 Highlands Villas Katrina Johnson 5 Highlands Villas Jennifer and Tim Lamb 6 Highlands Villas Lisa and Joe Kistner 7 Highlands Villas Lee Cassin and Dave Tolen 8 Highlands Villas Wendy Larson 9 Highlands Villas Jim and Mary Owens 10 Highlands Villas P ariah Shipp 11 Highlands Villas Phil and Jill Hedrick 12 Highlands Villas Sean and Erica Groover 13 Highlands Villas Patsy Malone 14 Highlands Villas Marlene Schroeder 15 Highlands Villas Phyllis Kenny and Charlie Varonen 16 Highlands Villas 2735142087C 273514208703 273514208704JA,1�4,�L �k,) 4 -/ " 4 273514208705 2735142087o6 273514208707 273514208708 273514208709 27351420871 27351420871 27351420871 273514208713 27 1 1 35420 8 74 �= 2735142087 , 273514208716 RECORDED AT 9:01 A.K. 9 JUNE, 1981 LORE -,TA SANYCR, RECORDER r RESOLUTION OF THE BOARD OF COUNTY COMMISSIONS s OF PITM N COUNTY, COLORADO 4011 RECEPTION A GRANTING PMH-PUD REZONING AND FINAL PLAT APPROVAL =r FOR THE ASPEN HIGHLANDS SUBDIVISION FILING 2 Resolution No. 81 - 39 WHEREAS, Aspen Highlands Skiing Corporation, a Deleware corporation and Wipple Van Ness Jones (hereinafter referred to as "Applicant") are the owners of record of 15.33 acres of real property located in Pitkin County, Colorado more specifically described in the attached Exhibit "A", and WHEREAS, the Applicant has applied for rezoning of 2.57 acres of said property, more specifically described as Exhibit "B" attached hereto and in- corporated `,y this reference, to PMH-PUD for the purpose of development of a 20 unit multi -family employee housing project and for the creation of 8 new single family free market homesites on the balance of the property, and WHEREAS, a public hearing was held on October 13, 1980 at which time the Board heard evidence and testimony presented with respect to this applica- tion. NGW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado, that PMH-PUD rezoning for the 2.57 acre site described on Exhibit "B" to be used for no more than sixteen (16) multi -family Pp1H dwelling units znd Final Plat approval is hereby granted for the proposed multi- family development and the eight (8) new single family free market homesites subject to the following conditions: 1. The County Engineer will work with adjacent property owners whose properties lie adjacent to the PMH-PUD project to determine the appro- priate screening technics. 2. The Applicant shall pay the pro rata share of paving Glen Eagle Drive at such time as an improvement district is formed (Pro rota shall mean. in this case, no less than a 4/16 share of the total cost of the road improvement). This responsibility shall rest with the Aspen Highlands Skiing Corporation and "hall not be transferred. 3. All resales of the Aspen Highlands Villas shall be subject to the Pitkin County's Resale Agreement. 4. The Applicant shall execute and record Improvements Agreement for the construction of a bus stop and for the paving of Glen Dee Drive from the entrance of the PMH-PUO project to Maroon Creek Road and for the paving of Glen Gary Drive South. Tr S. the Applicant shall pr•elare a Condominium Plat to be approved by the County Engineer for the PMH-PUU project prior t^ recording. 6. The Applicant shall execute and record Condominium Declarations to be approved by the County Attorney prior to recording. 7. The Applicant shall exe,.ute and record the Declaration of Restrictions Agreement in which the Aspen Highlands Skiing Corporation accepts re- sponsibility for snow removal and maintenance of Glen Gary Dri,e South. Approved by the Board of County Cunmissioners of Pitkin County, Colorado at their regular meeting on May 26, 1981. BOARD OF COUNTY COKMISSIONERS OF PITKIN COUNTY, COLORADO 3v:-/� � 30 iTd, Ln a r rman ATTEST Coun�rk APPROVED AS TO FORM: 4 t `I-r _1\ UWU Em zUOK 436 RESOLUTION OF THE PLANNING AND ZONING COMMISSION " OF PITKIN COUNTY, COLORADO, GRANTING SPECIAL APPROVAL TO MINOR AMENDMENTS TO THE HIGHLAND VILLAS CONDOMINIUM PLAT -- w Resolution No. 82 - 19 fl G G7 N '0 WHEREAS the owners of the sixteen units at Highland Villas are owners in common of a 2.57 acre parcel of real property in Pitkin County, Colorado more specifically described in the attached Exhibit "A"; and WHEREAS, the owners of these sixteen units have requested special approval for minor amendments to be made to the Highland Villas Condominium Plat; and WHEREAS, the Planning and Zoning Commission of Pitkin County, Colorado held a meeting on June 22, 1982, at which time evidence and testimony were presented with respect to this application. NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of Pitkin County, Colorado that special approval is hereby granted in order to allow the requested amendments to the Highland Villas Condominium Plat. The approval allows the owners of the sixteen units at Highland Villas to enclose the front and rear patios and balconies in order to increase the units' storage and living areas. APPROVED by the Pitkin County Planning and Zoning Commission at their regular meeting on .Jo+j--G- 1982. -sure -a "2 + J2"T *AeP_A 91 K Q 2- Deputy County Clerk PITKIN COUNTY PLANNING AND ZONING COMMISSION 1 By: Peter Gw , Chairm1an X. M�GU/�Ec� GAssl-,4N /Attachment • ADD UNITS ,17{Z_ L ADD. ..UNITS 3-12 m� 49Z, ADD. UNIT 14 jr F a � ADD. UNIT :13 1 �SECLkWD a1aaF CIVERHANG &I a 26.710.090 Residential Multi -Family (R/MF) A. Purpose. The purpose of the Residential/Multi-Family (R/MF) zone district is to provide for the use of land for intensive 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 Residential/Multi-Family (R/MF) zone district are typically those found in the Aspen Infill Area, within walking distance of the center of the city, or lands on transit routes, and other lands with existing concentrations of attached residential dwellings and mixed attached and detached residential dwellings. B. Permitted uses. The following uses are permitted as of right in the Residential/Multi-Family (R/MF) zone district: 1. Detached residential dwelling. 2. Two detached residential dwellings. 3. Duplex dwelling. 4. Multi -family dwellings. 5. Home occupations. 6. Accessory buildings and uses. 7. Dormitory. 8. Accessory Dwelling Units and Carriage Houses meeting the provisions of Section 26.520. 9. For historic landmark properties: bed and breakfast, and boardinghouse. C. Conditional uses. The following uses are permitted as conditional uses in the Residential/Multi-Family (R/MF) zone district, subject to the standards and procedures established in Chapter 26.425: 1. Arts, Cultural, and Civic Uses. 2. Academic Uses. 3. Recreational Uses. 4. Group home. 5. Child care center. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Residential/Multi-Family (R/MF) zone district: 1. Minimum lot size (square feet): 6,000. For Historic Landmark properties: 3,000. 2. Minimum lot area per dwelling unit (square feet): a. Detached residential dwelling: 4,500. For Historic Landmark properties: 3,000. b. Duplex dwelling unit: 4,500. For Historic Landmark properties: 3,000. c. Multi -family dwellings: No requirement. d. Bed and breakfast, boardinghouse: No requirement. 3. Minimum lot width (feet): 60. For Historic Landmark properties: 30. 4. Minimum front yard setback (feet): a. Detached residential and Duplex dwellings: Same as R6 zone district. b. Multi -Family: 5. 5. Minimum side yard setback (feet): a. Detached residential and Duplex dwellings: Same as R6 zone district. b. Multi -Family: 5. 6. Minimum rear yard setback (feet): a. Detached residential and Duplex dwellings: Same as R6 zone district. b. Multi -Family: 5. 7. Maximum height (according to density)(feet): a. Detached residential and Duplex dwellings: Same as R6 zone district. b.Multi-Family — parcel density less than one unit per 1,500 square feet of lot area: 25. c. Multi -Family — parcel density equal to or greater than one unit per 1,500 square feet of lot area: 32. 8. Minimum distance between buildings on the lot (feet): a. Detached residential and Duplex dwellings: Same as R6 zone district b.Multi-Family: No requirement. (Building and fire codes may apply.) 9. Pedestrian Amenity Space: Pursuant to Section 26.575.030. 10. Floor Area Ratio (FAR) (applies to each type of use, according to density) (applies to con -forming and nonconforming lots of record): a. Detached residential and Duplex dwellings established prior to the adoption of Ordinance 27, Series of 2004: 100% of the allowable floor area of an equivalent -sized lot located in the R6 zone district. (See R6 Zone District.) Receipt of a Development Order shall constitute the date the use was established. Replacement after Demolition shall not effect a new establishment date for the purposes of this section. City of Aspen Historic Transferable Development Rights shall not be extinguished in this zone district and shall not permit additional floor area. b. Detached residential and Duplex dwellings established after the adoption of Ordinance 27, Series of 2004: 80% of the allowable floor area of an equivalent -sized lot located in the R6 zone district. (See R6 Zone District.) City of Aspen Historic Transferable Development Rights shall not be extinguished in this zone district and shall not permit additional floor area. c. Multi -Family — parcel density of less than one unit per 1,500 square feet of lot area: .75:1. d. Multi -Family — parcel density equal to or greater than one unit per 1,500 square feet of lot area: 1.25:1. e. Multi -Family — parcel density equal to or greater than one unit per 750 square feet of lot area: 1.5:1. (Ord. No. 56-2000, § 7 (part); Ord. No. 25-2001, § 5 (part); Ord. No. 1-2002 § 20 (part), 2002; Ord. No. 29-2002 § 1, 2002; Ord. No. 27-2004, § 1) M ,,look A donna 26.710.110 Affordable Housing/Planned Unit Development (AH/PUD) A. Purpose. The purpose of the Affordable Housing/Planned Unit Development (AH/PUD) zone district is to provide for the use of land for the production of Category 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 AH/PUD 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. Lands in the AH/PUD zone 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 AH/PUD zone district can protect the City's neighborhoods from rezoning pressures that other non -community oriented zone districts may produce. Further, lands in the AH/PUD zone district should be located within walking distance of the center of the City, or on transit routes. B. Permitted uses. The following uses are permitted as of right in the AH/PUD zone district: 1. Residential uses restricted to Category affordable housing guidelines and resident occupied units which comply with the following requirements: a. Minimum Bedroom Mix. A minimum of seventy percent (70%) of the project's total bed -rooms shall be deed restricted affordable housing consistent with the Affordable Housing Guidelines. The mix between categories of housing shall be consistent with the Affordable Housing Guidelines. The remaining bedrooms that are not deed restricted to affordable housing may be free market residential units. b. Permissible reduction in bedroom mix for exemplary projects. A project may be eligible for a reduction of the minimum affordable housing bedroom mix requirement to a level of sixty percent (60%) of the project's total bedrooms if the applicant can demonstrate to the satisfaction of the City Council that the project meets the requirements for an exceptional project as set forth in the Affordable Housing Guidelines. 2. Home occupations; 3. Accessory buildings and uses; and 4. Accessory dwelling units meeting the provisions of Section 26.520. C. Conditional uses. The followings uses are permitted as conditional uses in the Affordable Housing (AH) zone district, subject to the standards and procedures established in Chapter 26.425: 1. Park and open use recreation site; 2. Child care center; 3. Satellite dish antennae; 4. Dormitory; and 5. Transit facilities. D. Dimensional requirements. The following dimensional requirements shall be established by adoption of a Final PUD Development Plan and shall apply to all permitted and conditional uses in the Planned Unit Development: 1. Minimum Lot Size. 2. Minimum Lot Area per dwelling unit. 3. Maximum allowable density. 4. Minimum lot width. 5. Minimum front yard. 6. Minimum side yard. 7. Minimum rear yard. 8. Maximum site coverage. 9. Maximum height (including view planes). 10. Minimum distance between buildings on the lot. 11. Minimum percent open space required for the building site. 12. Trash access area. 13. Allowable Floor Area. 14. Minimum off-street parking spaces. 15. Other dimensions determined necessary to establish through the PUD process. Note #1: The maximum allowable density permitted in this zone shall be established by adoption of a Final PUD Development Plan by using the following table applied to the proposed fathering parcel as a guide: Unit Type Minimum Lot Area* per dwelling unit (square feet) Dormitory 300 Studio 400 One Bedroom 500 Two Bedroom 1000 Three Bedroom 1500 Three+ Bedrooms 500Bedroom Note #2: The allowable floor area permitted in this zone shall be established by adoption of a Final PUD Development Plan by using the following table applied to the proposed fathering parcel as a guide: 1. 0 -0 Fathering parcel Lot Area* 0--15,000 square feet 15,001--25,000 square feet 25,001-43,560 square feet >1 acre--3 acres >3 acres--6 acres >6 acres Allowable Floor Area Ratio 1.1:1 1:1 .8:1 .6:1 .36:1 .3:1 * Lot Area as defined in the Land Use Code. (Ord. No. 55-2000, § 22) M „y Exl4, 0Fz 3-40-070 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 proximity to incorporated or unincorporated towns but should be located in areas with minimal impacts on surrounding areas, free of environmental hazards. 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. Category 1, 2, 3 or 4 deed restricted single-family dwelling units. 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; the total space shall be limited to eighty (80) square feet or gross leasable space per dwelling unit in the district. 16. Manufactured home. 17. Satellite reception devices. 18. Schools/universities. 19. Sewage disposal areas/landfills/water plants. 20. Uses, activities and facilities permitted by special use permit issued by federal agencies. 21. Water crossing and diversion. a D. Prohibited Uses: The following uses are prohibited in the Affordable Housing (AH) Zone District: 1. Airport. 2. Alpine ski areas and support. 3. Amusement and entertainment establishments. 4. Animal production and husbandry services, and other farm and agricultural uses. 5. Commercial automobile parking lots. 6. Commercial camping areas. 7. Commercial firewood splitting, storage and sales. 8. Commercial kennels and veterinary clinics. 9. Commercial riding stables. 10. Equipment supplies and contraction or subcontraction. 11. Essential government and public utility uses, facilities and services. 12. Financial institutions. 13. General services. 14. Guest ranches. 15. Hospitals. 16. Junk yards. 17. Logging. 18. Medical/dental clinics. 19. Mineral exploration/mining concrete batch plants. 21. Motels, hotels, lodges. 22. Nordic ski areas and support facilities. 23. Offices. 24. Places for retailing of goods. 25. Professional offices. 26. Radio transmitting station. 27. Research facilities, indoors. 28. Research facilities, other. 29. Resort cabins. 30. Restaurants and bars. 31. Timesharing/fractional fees. 32. Uses not listed. 33. Vehicle and aircraft sales and service. E. Dimensional Requirements: The following dimensional requirements shall apply to all permitted and special review uses in the Affordable Housing (AH) Zone District: 1. Minimum lot area: six thousand (6,000) square feet. 2. Minimum lot area principal use is dependent upon the type of affordable housing: a. Single-family dwelling (SFD): three thousand (3,000) square feet. b. Duplex (DUP): three thousand (3,000) square feet. c. Multi -family studio (MF-ST): one thousand (1,000) square feet. d. Multi -family one bedroom: one thousand two hundred fifty (1,250) square feet. e. Multi -family two -bedroom: two thousand (2,000) square feet. f. Multi -family three -bedroom: three thousand (3,000) square feet. 3. Minimum usable open space per dwelling unit: one thousand two hundred (1,200) square feet. 4. Minimum front yard setback: See Figure 3-1. 5. Minimum side yard setback: See Figure 3-1. 6. Minimum rear yard setback: See Figure 3-1. M .• 7. Minimum lot width: thirty feet (30'). 8. Maximum height principal structure: twenty-eight feet (28'). 9. Maximum height accessory structure: twenty feet (20'). 10. Maximum floor area ratio:.50. (Ord. 99-36 Att. B (part)) ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: /41aktOLV& V wa Co SCHEDULED PUBLIC HEARING DATE: �s 200 STATE OF COLORADO ) ) SS. County of Pitkin. ) I, V QL IM.W S (-4 %A-(L r (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attachei*,hereto. Posting of notice: By posting of notice, which form was obtained from(*he Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Comrr�lnity Development Department, which contains the information described in ection 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the, date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. i /Mature The foregoing "Affidavit of Notice" was acknowledged before me this 5 day of ,rr-�_ , 200-& by WITNESS MY HAND AND OFFICIAL SEAL PJJB LIC NOTICE RE: INITIAL ZO G OF THE ASPEN HIGHLANDS VILLAS (LOT ), A PARCEL THAT WAS AN- My commission expires. NEXED INTO E CITY OF ASPEN BY ORD. NO. s- 49 (SERIFS 0 2004) OF THE CITY COUNCIL ON 1/24/O5. 1/ NOTICE IS HEREBY GIVEN that a public e haring will be held on Monday. March 14, 2005. at a meeting to begin at 5:00 p.m. before the As- Notary Public ublic pen City Council, Aspen City Chambers, City Hall, 130 S. Galena St., Aspen, to consider an applica- tion submitted by the City of Aspen, requesting that the Highlands Villas (Lot 10) that was recent- ly annexed into the City of Aspen, be zoned as Residential Multi -Family (RMF) with a PUD over- lay, and that appropriate modifications be made to the official City Zone District Map. The lot is legally described as "Lot 10 Aspen Highlands Sub- division". For further Information, contact Chris Lee at the City of Aspen Community Development De- ATTACHMENTS' partment, 130 J. Galena St., Aspen, CO, 970.429.2759 - by email at chrisl@ci.aspen.c uHelen Ks). s/alin Klanderud, Mayor 'OPY OF THE PUBLICATION Aspen City Council Published in TJ Aspen Times on February 27, 2005.f24371 RH OF THE POSTED NOTICE (SIGN D GOVERNMENTAL AGENCIES NOTICED BYMAIL MEMORANDUM TO: Aspen Planiiing%�a�nd Zoning Commission THRU: Joyce Allgaier,, Deputy Community Development Director FROM: Chris Lee, Planner bL RE: Aspen Highlands Villas (Lot 10) Initial City Zoning - Continued Public Hearing from January 4, 2005 DATE: January 18, 2005 APPLICANT: Owners of the sixteen (16) units of the Aspen Highlands Villas LOCATION: 98 Glen Dee Road LOT SIZE: + 2.57 acres, 111,949 square feet PARCEL ID NUMBER(S): 2735-142-08-701 (- 716) CURRENT ZONING: Affordable Housing (AH) — County Zoning PROPOSED. ZONING: Residential/Multi-Family-PUD (R/MF-PUD) - City Zoning CURRENT LAND USE: Three (3) buildings composed of sixteen (16) multi -family residences. PROPOSED LAND USE: No changes proposed to current land use. STAFF RECOMMENDATION: Approval SUMMARY: Highlands Villas (Lot 10) located at 98 Glen Dee Road is a 2.57 acre lot between Glen Dee and Maroon Creek Roads. The Applicants (Exhibit C) have petitioned to annex the Aspen Highlands Villas Condominium Complex (see Exhibit B for map) into the City of Aspen from Pitkin County. Upon annexation the City Land Use Code requires that the property be assigned to an appropriate City zone district. REVIEW PROCEDURE: Rezoning. The Planning and Zoning Commission shall consider the application at a public hearing and recommend a city zone district for the property to the City Council. Once the property is officially annexed into the City of Aspen, there is a statutory obligation to zone the property with a city zone district within ninety (90) days of that date. BACKGROUND: Lot 10 was part of the Aspen Highlands Subdivision approved by the Pitkin County Board of Commissioners on May 26, 1981 (Exhibit D). As part of the subdivision process it was zoned as Permanent Moderate Housing - Planned Unit Development (PMH-PUD). The PUD established that only sixteen units, as stipulated in the plans, could be developed on the site. Within eighteen months of that approval, on September 7, 1982, the owners of those sixteen units were granted a Minor PUD Amendment by the Pitkin County Board of Commissioners permitting them "to enclose the front and rear patios and balconies in order to increase the units' storage and living areas" (Exhibit E). Currently, ten (10) of the units have enclosed one of the patios and three (3) of the units have enclosed both patio spaces (Exhibit F). In 1994, Pitkin County changed all of their PMH districts to Affordable Housing (AH). Consequently the zoning of Lot 10 was changed. All development rights and dimensional requirements established by the original PUD agreement and PUD Amendment were retained and ran with the property. PREVIOUS ACTION: The Planning and Zoning Commission first considered this initial zoning request during a public hearing on January 4, 2005. It was continued at that time to allow Staff the opportunity to gather more information about the zoning options. STAFF COMMENTS: Staff has examined all options to make a recommendation about the appropriate zoning of the Highland Villas to the Planning and Zoning Commission. Based on examinations of the current zoning, the land use and zoning of surrounding areas, the existing allowable dimensional requirements, and a physical inspection of the site, Staff believes that Land Use Code Section 26.710.100, R/MF (Residential/Multi- Family) Zone District is the appropriate designation to be assigned to this site. (Review criteria and Staff Findings have been included as Exhibit A). It has been suggested that perhaps City of Aspen AH/PUD zoning would be more appropriate for this property. Staff has diligently researched this option and recommends against it for various reasons. Section 26.710.090 (R/MF) of the City of Aspen Municipal Code lists multi -family dwellings as a specific permitted use and reads that, "Lands in the Residential/Multi-Family (R/MF) zone district are typically those found....... with existing concentrations of attached residential dwellings and mixed attached and detached residential dwellings." (Exhibit G) By contrast the AH/PUD zone district is directed more specifically toward attracting new Affordable Housing development and is an incentive zone district. The code reads that, "The purpose of the Affordable Housing/Planned Unit Development (AH/PUD) zone district is to provide for the use of land for the production of Category 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." (Exhibit H) Residential use is among the permitted uses within the AH/PUD zoning district, but it is specifically established to encourage development of affordable housing. It states that, "A minimum of seventy percent (70%) of the project's total bed rooms shall be deed restricted affordable housing consistent with the Affordable Housing Guidelines." The AH/PUD zone district code language goes on to explain that, "The remaining bedrooms that are not deed restricted to affordable housing may be free market residential units." (Exhibit H) Such language is obviously included to encourage new development of affordable housing. Having been in existence since 1981, Highlands Villas is certainly not a new development, but is rather an "existing concentration of attached residential dwellings" as specified in the R/MF zone district. The Applicants are proposing no new development on the property, but simply desire to maintain the option of enclosing patio spaces as granted in the PUD Amendment approved by Pitkin County in 1982. It appears that the Commission's main concern with assigning an initial city zoning of R/MF to this property was the fear that it would gain significantly more development rights than what currently exists. In reality, the existing FAR is + 18,600 square feet and the allowable FAR (with slope reduction) under R/MF zoning would be + 31,000 square feet. Moreover, the Applicants would be required to participate in GMQS scoring and Competitive Review to add any free market units to the site. Furthermore, Staff has examined the property and found that even if the Applicants wished to apply for other development in the future, topography, parking requirements, easements and park space would make it exceptionally difficult to do so. The topography of the property, aside from the existing building footprint and parking area, is very steep. Photo 2 is a shot looking toward the retaining wall behind the units. Development on that portion of the property, due to the steep topography, existing easements and limited space would likely be impossible. Photo 3 shows the wooded section of the lot next to Maroon Creek Road. This wooded portion of the property slants downward toward the road rather dramatically and would not be appropriate for future development opportunities due to the steep topography and drainage issues (a small pond often forms there). Photo 3 Shot of the wooded area looking down Toward Maroon Creek Road STAFF RECOMMENDATION: Staff finds that the proposed rezoning application meets or exceeds the requirements set forth in Land Use Code Section 26.310.040, Amendments to the Land Use Code and Official Zone District Map, to approve an amendment to the official zone district map. Staff recommends that the Planning and Zoning Commission forward a recommendation of approval to the City Council to assign Aspen Highlands Villas (Lot 10) to the Residential/Multi-Family (R/MF) zone district. RECOMMENDED MOTION: El "I move to approve Resolution No. 05, Series of 2005, recommending that the Aspen City Council assign the property at 98 Glen Dee Road, Highlands Villas (Lot 10), to the Residential/Multi-Family (R/MF) City zone district." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Vicinity and Current Zoning Map Exhibit C -- Applicant/Owner List Exhibit D -- Resolution No. 81-39 (Pitkin County Board of Commissioners) Exhibit E -- Resolution No. 82-19 (Pitkin County Board of Commissioners) Exhibit F -- Unit layouts showing potential areas to be enclosed Exhibit G -- Aspen City Code Section 26.710.090 Residential Multi -Family (R/MF) Exhibit H -- Aspen City Code Section 26.710.110 Affordable Housing/Planned Unit Development (AH/PUD) Exhibit I -- Pitkin County Code Section 3-40-070 Affordable Housing (AH) RESOLUTION NO. (SERIES OF 2005) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL ASSIGN ASPEN HIGHLANDS VILLAS (LOT 10) TO THE RESIDENTIAL/MULTI-FAMILY (R/MF) ZONE DISTRICT. PARCEL ID NUMBER(S): 2735-142-08-701 (- 716) WHEREAS, the owners of the sixteen (16) units of the "Highlands Villas (Lot 10)", a parcel of land located at 98 Glen Dee Road, petitioned for annexation into the City of Aspen, and, WHEREAS, the property is approximately 2.57 ± acres, legally described herein; and, WHEREAS, the City Council of the City of Aspen must designate a city zone district for the property within 90 days of the final 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 parcel of land and recommended the property be designated to the Residential/Multi-Family (R/MF) Zone District; and, WHEREAS, the Planning and Zoning Commission conducted a duly noticed public hearing on January 4, 2005, and continued the hearing to January 18, 2005 and found that the R/MF zone district is appropriate for the property and in keeping with the Aspen Area Community Plan; and, WHEREAS, during the continued hearing on January 18, 2005, the Planning and Zoning Commission approved Resolution , (series of 2005), by a _ to _ vote, recommending that City Council assign Highlands Villas (Lot 10) to the Residential/Multi-Family (R/MF) zone district. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Planning and Zoning Commission recommends that City Council assign the land commonly referred to as "Highlands Villas (Lot 10)" to the Residential/Multi-Family (R/MF) Zone District, as described below, and direct the Community Development Director to amend the Official Zone District Map accordingly. Highland Villas (Lot 10) Legal Description: A tract of land known as Lot 10, Aspen Highlands Subdivision, Filing No. 2, recorded in Plat Book 11 at page 50 also being in the E '/z of the NW '/4 and the SW '/4 of the NW '/4 of Section 14, Township 10 South, Range 85 West of the 61h Principal Meridian, Pitkin County, Colorado being more particularly described as follows: Beginning at a point on the easterly right-of-way of the Maroon Creek County Road whence the North '/4 corner of said Section 14 bears N40°30'33"E a distance of 1745.05 feet with all bearings being relative to a bearing of NO °4l'31"E between the SW corner and the W '/4 corner of said section 14; thence S32°04'26"E a distance of 28.41 feet along the south line of Lot 1 Aspen Highlands Subdivision; thence along the westerly line of a parcel of land described in Book 194 at Page 484 of the records of the Pitkin County Clerk and Recorder the following courses: thence S 11 °34'29"W a distance of 86.46 feet; thence SO 1 °29'45"W a distance of 165.95 feet; thence S 14'04'21 "W a distance of 109.09 feet; thence S20°25'26"W a distance of 293.36 feet; thence N36°52'22"W a distance of 52.59 feet to the northeasterly corner of a parcel of land described in Book 188 at Page 17 of the records of the Pitkin County Clerk and Recorder; thence along the northerly line of said Book 188 at Page 17 N60°22'57"W a distance of 237.89 feet to said easterly right-of- way line of the Maroon Creek County Road; thence along said easterly right-of-way line following the following courses: N29°18'59"E a distance of 84.98 feet; thence 144.20 feet along the arc of a 800.49 feet radius curve to the right, having a central angle of 10° 19' 16" and subtending a chord bearing•N34'28'00"E 144.00 feet; thence N39°36'53"E a distance of 393.26 feet the POINT OF BEGINNING, containing 2.569 acres, more or less. SECTION 2: 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 3: 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. APPROVED by the City of Aspen Planning and Zoning Commission at its regular meeting on January 18, 2005. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Jasmine Tygre, Chair 2 0 • EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS AMENDMENT TO THE OFFICIAL ZONING MAP OF HIGHLANDS VILLAS (LOT 10) Section 26.92.020, Standards Applicable to Rezoning In reviewing an amendment to the official zone district map, the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. STAFF FINDING: I DOES IT COMPLY? I YES The proposed zoning is consistent with the Land Use Code and does not represent any potential conflicts. This zoning provides the most congruent land use regulations with those previously provided in Pitkin County and provides the most appropriate zoning given the location, topography and access. In addition, the proposed rezoning application will not create any zoning non -conformities with respect to the existing Highlands Villas development. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. STAFF FINDING: I DOES IT COMPLY? 11 YES Staff believes that the proposed zoning is consistent with the Aspen Area Community Plan. The future land use map in the AACP envisions this site as a residential property with both multi -family and affordable housing, which is both allowed for with the proposed zoning. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. STAFF FINDING: I DOES IT COMPLY? I YES The subject property borders City land to the south that is zoned R/MF with a PUD overlay. Given this contiguous zoning designation, Staff believes that R/MF zoning would be most appropriate for this property to avoid spot zoning. The characteristics of this property are also most consistent with the R/MF City zoning. It is also contiguous with the City of Aspen boundary along the north/west side of the property being separated only by the Maroon Creek Road. The current City Zoning in that area is C PD (Conservation PUD). The rest of the subject property is surrounded by County land that is zoned R30 (Suburb Density Residential). D. The effect of the proposed amendment on traffic generation and road safety. STAFF FINDING: I DOES IT COMPLY? YES Staff does not believe that the proposed zoning will have a significant effect on traffic generation or road safety because it would not increase the number of allowed residential units to the property. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. STAFF FINDING: DOES IT COMPLY? YES There will not be an increase in the demand for public facilities as a result of the proposed rezoning request because it would not allow an increase in the number of residential units without GMQS approval. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. STAFF FINDING: I DOES IT COMPLY? YES The proposed zoning application would not result in significant adverse impacts on the environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. STAFF FINDING: I DOES IT COMPLY? I YES Staff believes that the proposed zoning application is consistent with the community and neighborhood character of the area in that the new zoning would not allow for any type of, development that is not consistent with the predominant uses in the area. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. STAFF FINDING: I DOES IT COMPLY? I YES The annexation of Lot 10 itself has produced changed conditions (land transferred from County to City) that warrant the proposed amendment. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. STAFF FINDING: DOES IT COMPLY? I YES It is in the public interest to assign City of Aspen zoning to this parcel once it becomes a part of the City. This zone district (R/MF) represents the closest approximation to the previous Pitkin County zoning, and does not pose any conflicts to the public interest. Staff believes the proposed zoning promotes the purpose and intent of this Title and is in harmony with the public interest. 7 NAME PHYSICAL WRESS PARCEL ID # SIGNATURE OF OWNER'S .DATE ';��ZJ o22�Q (� y Tuvia Stein 1 Highlands Villas 273514208701 Elizabeth and John Bokram 2 Highlands Villas David and Lisa Vantine 3 Highlands Villas Aspen School District 4 Highlands Villas Katrina Johnson 5 Highlands Villas Jennifer and Tim Lamb 6 Highlands Villas Lisa and Joe Kistner 7 Highlands Villas Lee Cassin and Dave Tolen 8 Highlands Villas Wendy Larson 9 Highlands Villas Jim and Mary Owens 10 Highlands Villas Mariah Shipp 11 Highlands Villas Phil and Jill Hedrick 12 Highlands Villas Sean and Erica Groover 13 Highlands Villas Patsy Malone 14. Highlands Villas Marlene Schroeder 15 Highlands Villas Phyllis Kenny and Charlie Varonen 16 Highlands Villas 2735142087C 273514208703 273514208704 4-10Z 273514208705 4 y� 2735142087o6 273514208707 273514208708 273514208709 27351420871 27351420871 27351420871 273514208713 � _ co- �c,/ 273514208714 /f 273514-2087 273514208716 RECORDED AT 9:01 A.M. -F. 9 JUNE, 1981 LORE: TA BARKER, RECORDER - RESOLUTION OF THE BOARD OF COUNTY COKIISSIONS OF PITKIN COUNTY. COLORADO -VT RECEPTION n GRANTING PMH-PUD REZONING AND FINAL PLAT APPROVAL FOR THE ASPEN HIGHLANDS SUBDIVISION FILING 2 Resolution No. 81 39 WHEREAS, Aspen Highlands Skiing Corporation, a Deleware corporation and Wipple Van Ness Jones (hereinafter referred to as "Applicant") are the owners of record of 15.33 acres of real property located in Pitkin County, Colorado more specifically described in the attached Exhibit "A". and WHEREAS, the Applicant has applied for rezoning of 2.57 acres of said property, more specifically described as Exhibit "B" attached hereto and in- corporated "y this reference, to PMH-PUD for the purpose of development of a 20 unit multi -family employee housing project and for the creation of 8 new single family free market homesites on the balance of the property, and WHLREAS, a public hearing was held on October 13, 1980 at which ttm the Board heard evidence and testimony presented with respect to this applica- tion. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofrY Pitkin County, Colorado, that PMH-PUD rezoning for the 2.57 acre site described on Exhibit "B" to be used for no more than sixteen (16) multi -family PMH dwelling units znd Final Plat approval is hereby granted for the proposed multi- family development the (3) family free homesites and eight new single market to following subject the conditions: 4 1. The County Engineer will work with adjacent property owners whose properties lie adjacent to the PM.H-PUD project to determine the appro- priate screening technics. *n 2. The Applicant shall pay the pro rata share of paving Glen Eagle Drive at such time as an improvement district is formed (Pro rata shall mean. in this case, no less than a 4/16 share of the total cost of the road improvement). This responsibility shall rest with the Aspen Highlands t R Skiing Corporation and shall not be tran%ferred. 3. All resales of the Aspen Highlands Villas shall be subject to the Pitkin County's Resale Agreement. 4. The Applicant shall execute and record Improvements Agreement for the construction of a bus stop and for the paving of Glen Dee Drive from the entrance of the PHH-PUD project to Maroon Creek Road and for the paying of Glen Gary Drive South. J h. The Applicant shall pr•ell,are a Condominium Plat to be approved by the County Engineer for the PMH-PUD project prior, t�, recording. 6. The Applicant shall execute and record Condominium Declarations to be approved by the County Attorney prior to recording. 7. The Applicant shall execute and record the Declaration or Restrictions Agreement in which the Aspen Highlands Skiing Corporation accopts re- sponsibility for snow removal and maintenance of Glen Gary Dri',e South. Approved by the Board of County Cunmis%ioners of Pitkin County, Colorado at their regular meeting on May 26, 1981. BOARD OF COUNTY COKII SSIONEAS OF PITKIN COUNTY, COLORADO Bob Chi I d, Lhainuan ATTEST County Clerk APPROVED AS TO FORM: ounty ttoMey UK 436 : RESOLUTION OF THE PLANNING AND ZONING COMMISSION " OF PITKIN COUNTY, COLORADO, GRANTING SPECIAL APPROVAL TO MINOR AMENDMENTS r� TO THE HIGHLAND VILLAS CONDOMINIUM PLAT Resolution No. 82 - 19 'J L7 CID rl WHEREAS the owners of the sixteen units at Highland Villas are owners in common of a 2.57 acre parcel of real property in Pitkin County, Colorado more specifically described in the attached Exhibit "A"; and WHEREAS, the owners of these sixteen units have requested special approval for minor amendments to be made to the Highland Villas Condominium Plat; and WHEREAS, the Planning and Zoning Commission of Pitkin County, Colorado held a meeting on June 22, 1982, at which time evidence and testimony were presented with respect to this application. NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of Pitkin County, Colorado that special approval is hereby granted in order to allow the requested amendments to the Highland Villas Condominium Plat. The approval allows the owners of the sixteen units at Highland Villas to enclose the front and rear patios and balconies in order to increase the units' storage and living areas. APPROVED by the Pitkin County Planning and Zoning Commission at their regular meeting on-44r-6- 1982. swie 2l N$2 + �GP7CMB 7I )Q $ Z PITKIN COUNTY PLANNING AND ZONING COMMISSION By: Rotpr Guy, hai r n mtovmc— C-VISSr dN M puty County Cler /Attachment c S ( ADD. U INT 16 + ADD. UNIT 15 ADD. UNIT 14 #- ADD.• UNIT 13 •- �;c� T., ul%itT ib CE 8063 28 7.3 0' GE 8067 63 Tf a r5 UOIT 145 E 3 oi3e. as ICE 0 r, E 3 .ADD. 16 Jeljy� V--\00(--,YJ61U-rn(j 0 0 ON t.*1161k 6 26.710.090 Residential Multi -Family (R/MF) A. Purpose. The purpose of the Residential/Multi-Family (R/MF) zone district is to provide for the use of land for intensive 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 Residential/Multi-Family (R/MF) zone district are typically those found in the Aspen Infill Area, within walking distance of the center of the city, or lands on transit routes, and other lands with existing concentrations of attached residential dwellings and mixed attached and detached residential dwellings. B. Permitted uses. The following uses are permitted as of right in the Residential/Multi-Family (R/MF) zone district: 1. Detached residential dwelling. 2. Two detached residential dwellings. 3. Duplex dwelling. 4. Multi -family dwellings. 5. Home occupations. 6. Accessory buildings and uses. 7. Dormitory. 8. Accessory Dwelling Units and Carriage Houses meeting the provisions of Section 26.520. 9. For historic landmark properties: bed and breakfast, and boardinghouse. C. Conditional uses. The following uses are permitted as conditional uses in the Residential/Multi-Family (R/MF) zone district, subject to the standards and procedures established in Chapter 26.425: 1. Arts, Cultural, and Civic Uses. 2. Academic Uses. 3. Recreational Uses. 4. Group home. 5. Child care center. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Residential/Multi-Family (R/MF) zone district: 1. Minimum lot size (square feet): 6,000. For Historic Landmark properties: 3,000. 2. Minimum lot area per dwelling unit (square feet): a. Detached residential dwelling: 4,500. For Historic Landmark properties: 3,000. b. Duplex dwelling unit: 4,500. For Historic Landmark properties: 3,000. c. Multi -family dwellings: No requirement. d. Bed and breakfast, boardinghouse: No requirement. 3. Minimum lot width (feet): 60. For Historic Landmark properties: 30. 4. Minimum front yard setback (feet): a. Detached residential and Duplex dwellings: Same as R6 zone district. b. Multi -Family: 5. 5. Minimum side yard setback (feet): a. Detached residential and Duplex dwellings: Same as R6 zone district. b. Multi -Family: 5. 6. Minimum rear yard setback (feet): a. Detached residential and Duplex dwellings: Same as R6 zone district. b. Multi -Family: 5. 7. Maximum height (according to density)(feet): a. Detached residential and Duplex dwellings: Same as R6 zone district. b.Multi-Family — parcel density less than one unit per 1,500 square feet of lot area: 25. c. Multi -Family — parcel density equal to or greater than one unit per 1,500 square feet of lot area: 32. 8. Minimum distance between buildings on the lot (feet): a. Detached residential and Duplex dwellings: Same as R6 zone district b.Multi-Family: No requirement. (Building and fire codes may apply.) 9. Pedestrian Amenity Space: Pursuant to Section 26.575.030. 10. Floor Area Ratio (FAR) (applies to each type of use, according to density) (applies to con forming and nonconforming lots of record): a. Detached residential and Duplex dwellings established prior to the adoption of Ordinance 27, Series of 2004: 100% of the allowable floor area of an equivalent -sized lot located in the R6 zone district. (See R6 Zone District.) Receipt of a Development Order shall constitute the date the use was established. Replacement after Demolition shall not effect a new establishment date for the purposes of this section. City of Aspen Historic Transferable Development Rights shall not be extinguished in this zone district and shall not permit additional floor area. b. Detached residential and Duplex dwellings established after the adoption of Ordinance 27, Series of 2004: 80% of the allowable floor area of an equivalent -sized lot located in the R6 zone district. (See R6 Zone District.) City of Aspen Historic Transferable Development Rights shall not be extinguished in this zone district and shall not permit additional floor area. c. Multi -Family — parcel density of less than one unit per 1,500 square feet of lot area: .75:1. d. Multi -Family — parcel density equal to or greater than one unit per 1,500 square feet of lot area: 1.25:1. e. Multi -Family — parcel density equal to or greater than one unit per 750 square feet of lot area: 1.5:1. (Ord. No. 56-2000, § 7 (part); Ord. No. 25-2001, § 5 (part); Ord. No. 1-2002 § 20 (part), 2002; Ord. No. 29-2002 § 1, 2002; Ord. No. 27-2004, § 1) 26.710.1 10 Affordable Housing/Planned Unit Development (AH/PUD) A. Purpose. The purpose of the Affordable Housing/Planned Unit Development (AH/PUD) zone district is to provide for the use of land for the production of Category 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 AH/PUD 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. Lands in the AH/PUD zone 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 AH/PUD zone district can protect the City's neighborhoods from rezoning pressures that other non -community oriented zone districts may produce. Further, lands in the AH/PUD zone district should be located within walking distance of the center of the City, or on transit routes. B. Permitted uses. The following uses are permitted as of right in the AH/PUD zone district: 1. Residential uses restricted to Category affordable housing guidelines and resident occupied units which comply with the following requirements: a. Minimum Bedroom Mix. A minimum of seventy percent (70%) of the proiect's total bed -rooms shall be deed restricted affordable housing consistent with the Affordable Housing Guidelines. The mix between categories of housing shall be consistent with the Affordable Housing Guidelines. The remaining bedrooms that are not deed restricted to affordable housing may be free market residential units. b. Permissible reduction in bedroom mix for exemplary projects. A project may be eligible for a reduction. of the minimum affordable housing bedroom mix requirement to a level of sixty percent (60%) of the project's total bedrooms if the applicant can demonstrate to the satisfaction of the City Council that the project meets the requirements for an exceptional project as set forth in the Affordable Housing Guidelines. 2. Home occupations; 3. Accessory buildings and uses; and 4. Accessory dwelling units meeting the provisions of Section 26.520. C. Conditional uses. The followings uses are permitted as conditional uses in the Affordable Housing (AH) zone district, subject to the standards and procedures established in Chapter 26.425: 1. Park and open use recreation site; 2. Child care center; 3. Satellite dish antennae; 4. Dormitory; and 5. Transit facilities. D. Dimensional requirements. The following dimensional requirements shall be established by adoption of a Final PUD Development Plan and shall apply to all permitted and conditional uses in the Planned Unit Development: 1. Minimum Lot Size. 2. Minimum Lot Area per dwelling unit. 3. Maximum allowable density. 4. Minimum lot width. 5. Minimum front yard. 6. Minimum side yard. 7. Minimum rear yard. 8. Maximum site coverage. 9. Maximum height (including view planes). 10. Minimum distance between buildings on the lot. 11. Minimum percent open space required for the building site. 12. Trash access area. 13. Allowable Floor Area. 14. Minimum off-street parking spaces. 15. Other dimensions determined necessary to establish through the PUD process. Note # 1: The maximum allowable density permitted in this zone shall be established by adoption of a Final PUD Development Plan by using the following table applied to the proposed fathering parcel as a guide: Unit Type Minimum Lot Area* per dwelling unit (square feet) Dormitory 300 Studio 400 One Bedroom 500 Two Bedroom 1000 Three Bedroom 1500 Three+ Bedrooms 500/Bedroom Note #2: The allowable floor area permitted in this zone shall be established by adoption of a Final PUD Development Plan by using the following table applied to the proposed fathering parcel as a guide: 0 E Fathering parcel Lot Area* Allowable Floor Area Ratio 0--15,000 square feet 1.1:1 15,001--25,000 square feet 1:1 25,001-43,560 square feet .8:1 >1 acre--3 acres .6:1 >3 acres--6 acres .3 6:1 >6 acres .3:1 * Lot Area as defined in the Land Use Code. (Ord. No. 55-2000, § 22) � • �IMId,}T 3-40-070 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 proximity to incorporated or unincorporated towns but should be located in areas with minimal impacts on surrounding areas, free of environmental hazards. 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. Category 1, 2, 3 or 4 deed restricted single-family dwelling units. 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; the total space shall be limited to eighty (80) square feet or gross leasable space per dwelling unit in the district. 16. Manufactured home. 17. Satellite reception devices. 18. Schools/universities. 19. Sewage disposal areas/landfills/water plants. 20. Uses, activities and facilities permitted by special use permit issued by federal agencies. 21. Water crossing and diversion. 0 • D. Prohibited Uses: The following uses are prohibited in the Affordable Housing (AH) Zone District: 1. Airport. 2. Alpine ski areas and support. 3. Amusement and entertainment establishments. 4. Animal production and husbandry services, and other farm and agricultural uses. 5. Commercial automobile parking lots. 6. Commercial camping areas. 7. Commercial firewood splitting, storage and sales. 8. Commercial kennels and veterinary clinics. 9. Commercial riding stables. 10. Equipment supplies and contraction or subcontraction. 11. Essential government and public utility uses, facilities and services. 12. Financial institutions. 13. General services. 14. Guest ranches. 15. Hospitals. 16. Junk yards. 17. Logging. 18. Medical/dental clinics. 19. Mineral exploration/mining concrete batch plants. 21. Motels, hotels, lodges. 22. Nordic ski areas and support facilities. 23. Offices. 24. Places for retailing of goods. 25. Professional offices. 26. Radio transmitting station. 27. Research facilities, indoors. 28. Research facilities, other. 29. Resort cabins. 30. Restaurants and bars. 31. Timesharing/fractional fees. 32. Uses not listed. 33. Vehicle and aircraft sales and service. E. Dimensional Requirements: The following dimensional requirements shall apply to all permitted and special review uses in the Affordable Housing (AH) Zone District: 1. Minimum lot area: six thousand (6,000) square feet. 2. Minimum lot area principal use is dependent upon the type of affordable housing: a. Single-family dwelling (SFD): three thousand (3,000) square feet. b. Duplex (DUP): three thousand (3,000) square feet. c. Multi -family studio (MF-ST): one thousand (1,000) square feet. d. Multi -family one bedroom: one thousand two hundred fifty (1,250) square feet. e. Multi -family two -bedroom: two thousand (2,000) square feet. f. Multi -family three -bedroom: three thousand (3,000) square feet. 3. Minimum usable open space per dwelling unit: one thousand two hundred (1,200) square feet. 4. Minimum front yard setback: See Figure 3-1. 5. Minimum side yard setback: See Figure 3-1. 6. Minimum rear yard setback: See Figure 3-1. • • 7. Minimum lot width: thirty feet (30'). 8. Maximum height principal structure: twenty-eight feet (28'). 9. Maximum height accessory structure: twenty feet (20'). 10. Maximum floor area ratio:.50. (Ord. 99-36 Att. B (part)) • ORDINANCE NO. 49 (Series of 2004) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN, COLORADO, TO BE KNOWN AND DESIGNATED AS THE "LOT 10, ASPEN HIGHLANDS SUBDIVISION, FILING NO.2 PARCEL" ANNEXATION. WHEREAS, on September 24, 2004, one hundred percent of the owners of the property proposed to be annexed did file with the City Clerk of the City of Aspen a Petition for Annexation of territory to the City of Aspen; and WHEREAS, the petition, including accompanying copies of an annexation map, has been reviewed by the City Attorneys Office and the City Engineer and found by them to contain the information prescribed and set forth in §31-12-107, C.R.S.; and WHEREAS, the owners of one hundred percent (100%) of the area proposed to be annexed, exclusive of streets and alleys, have consented in writing to the annexation; and WHEREAS, the City Council, by resolution (Number 96, Series of 2004) at its regular meeting on October 12, 2004, did find and determine said Petition for Annexation to be in substantial compliance with the provisions of §31-12-107, C.R.S.; and WHEREAS, the City Council, by resolution (Number 114, Series of 2004) at its regular meeting on November 22, 2004, did find and determine, following a public hearing, said Petition for Annexation to be in substantial compliance with §§ 31-12-104 and 31-12-105, C.R.S.; and WHEREAS, the City Council does hereby find and determine that approval of the annexation of said territory to be in the City's best interest; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Page: 1 of 3 II 01//27/2005 09:42 SILVIA DAMS PITKIN COUNTY CO R 16.00 D 0.00 Section 1. That the tract of land described in the Petition for Annexation, commonly referred to as the "Lot 10, Aspen Highlands Subdivision, Filing No. 2 Parcel", and as shown on the annexation map, is hereby annexed to the City of Aspen, Colorado. Section 2. That Resolution No. 82-19 of the Pitkin County Board of County Commissioners, approving a request to an amendment to the Highland Villas Condominium Plat authorizing the owners of the sixteen units to enclose the front and rear patios and balconies to increase the units' storage and living areas, is specifically acknowledged by the City Council and hereby deemed to survive the annexation of the property. Section 3. The City Clerk of the City of -Aspen is hereby directed as follows: (a) To file one copy of the annexation map with the original of this annexation ordinance in the office of the City Clerk of the City of Aspen. (b) To certify and file two copies of this annexation ordinance and of the annexation map with the Clerk and Recorder of the County of Pitkin, State of Colorado. (c) To request the Clerk and Recorder of Pitkin County to file one certified copy of this annexation ordinance and of the annexation map with the Division of Local Government of the Department of Local Affairs, State of Colorado. Section 4. The City Engineer of the City of Aspen is hereby directed to amend the Official Map of the City of Aspen to reflect the boundary changes adopted pursuant to this annexation ordinance. Section 5. That if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof 111111 jjj�j jjj�j jjj� 11, jj��j ��Jj �111 505404 Page: 2 of 3 1. , 01/27/2005 09,47 SILVIA DAVIS PITKIN COUNTY CO R 16.00 D 0.00 2 • 506404 111111111111111111111111111111111 Page: 3 of 3 01/27/2005 09:42 SILVIA DAVIS PITKIN COUNTY CO R 16.00 D 0.00 Section 6. That this ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. A public hearing on the ordinance shall be held on the/ 8 day of 2005111 the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 6 day of , 2 C.\`A 4 f 4 Jp. Q Kathryn S. K41 City Clerk FINALLY adopted, passed and approved this 24th day of January 2005. WN9 (1, City Clerk JPW- saved: 12/7/2004-650-G:\john\word\ords\Aspen-Highlands-Annexation.doc 3 MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Joyce Allga'ie , Deputy Community Development Director FROM: Chris Lee, Flannnner RE: Aspen Highlands Villas (Lot 10) Rezoning DATE: January 4, 2005 APPLICANT /OWNERS: Owners of the sixteen (16) units of the Aspen Highlands Villas (see attached Exhibit C) LOCATION: 98 Glen Dee Road LOT SIZE: 2.57 acres PARCEL ID NUMBER(S): 2735-142-08-701 (- 716) CURRENT ZONING: Affordable Housing (AH) — County Zoning PROPOSED ZONING: Residential/Multi-Family (R/MF) - City Zoning CURRENT LAND USE: The lot has three (3) buildings composed of sixteen (16) multi -family residences and is zoned as County AH. PROPOSED LAND USE: No changes proposed to current land use. STAFF RECOMMENDATION: Approval SUMMARY: Highlands Villas (Lot 10) located at 98 Glen Dee Road is a 2.57 acre lot between Glen Dee and Maroon Creek Roads that is in process of being annexed into the City of Aspen. The Applicants (residents of the Highlands Villas development) petitioned to annex lot 10 at 98 Glen Dee Road (see Exhibit "B" for map) from Pitkin County to the City of Aspen. The lot is situated adjacent to the Aspen city limit boundary and the homeowners report having always felt that they were part of the city, but didn't have a voice. The primary reason the Highlands Villas homeowners want to annex their property into the City is to be able to participate in city elections.. Given the fact that most of the residents are full-time employees within the City of Aspen and participate in various city organizations and non -profits, they petitioned for annexation to become "official" residents of the City of Aspen. REVIEW PROCEDURE: Rezoning. The Planning and Zoning Commission shall consider the application at a public hearing and recommend approval, approval with conditions, or denial to City Council. BACKGROUND: Once the property is officially annexed into the City of Aspen, there is a statutory obligation to zone it within ninety (90) days of that date. PREVIOUS ACTION: The Commission has not previously considered this rezoning request. STAFF COMMENTS: Staff has examined all options to make a recommendation about appropriate zoning of the Highland Villas to the Planning and Zoning Commission. Based on examinations of the current zoning, land use and zoning of surrounding areas, existing on -site structures and density and a physical inspection of the site, Staff believes that Land Use Code Section 26.710.100, R/MF (Residential/Multi-Family) Zone District is the appropriate designation for this lot. Review criteria and Staff Findings have been included as Exhibit A. An existing zoning map is provided as Exhibit B. STAFF RECOMMENDATION: Staff finds that the proposed rezoning application meets or exceeds the requirements set forth in Land Use Code Section 26.310.040, Amendments to the Land Use Code and Official Zone District Map, to approve an amendment to the official zone district map. Staff recommends that the Planning and Zoning forward a recommendation of approval to City Council on the proposed rezoning request. Staff recommends that the Planning and Zoning Commission forward a recommendation of approval to City Council for this property to be included in the R/MF (Residential/Multi-Family) Zone District, as described in the included Resolution. RECOMMENDED MOTION: "I move to approve Resolution No. a Z , Series of 2005, recommending that City Council approve the proposed rezoning application to allow for the property at 98 Glen Dee Road, Highlands Villas (Lot 10), to be rezoned from the AH (Affordable Housing) County zoning designation to the R/MF (Residential/Multi-Family) City zone district." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Vicinity and Current Zoning Map Exhibit C -- Applicant/Owner List 2 RESOLUTION NO. cjZ, (SERIES OF 2005) RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL REZONE ASPEN HIGHLANDS VILLAS (LOT 10) TO THE RESIDENTIAL/MULTI-FAMILY (R/MF) ZONE DISTRICT. PARCEL ID NUMBER(S): 2735-142-08-701 (- 716) WHEREAS, the owners of the sixteen (16) units of the "Highlands Villas (Lot 10)", a parcel of land located at 98 Glen Dee Road, petitioned for annexation into the City of Aspen, and, WHEREAS, the property is approximately 2.57 ± acres, legally described herein; and, WHEREAS, the City Council of the City of Aspen, pursuant to Resolution 114, series of 2004, approved annexation in the City Council meeting on November 22, 2004, and, WHEREAS, the City Council of the City of Aspen must designate a zone district for the property within 90 days of the final 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 26.92; and, WHEREAS, the Community Development Department analyzed the parcel of land and recommended the property be designated Residential/Multi-Family (R/MF) Zone District; and, WHEREAS, the Planning and Zoning Commission conducted a duly noticed public hearing on January 4, 2005, and found that the development review standards for an Amendment to the Official Zoning Map have been met. NOW, THEREFORE BE IT RESOLVED by the Commission: That the City Council should zone the land commonly referred to as "Highlands Villas (Lot 10)" Residential/Multi-Family (R/MF) Zone District, as described below, and direct the Community Development Director to amend the Official Zone District Map accordingly. Highland Villas (Lot 10) Legal Description: A tract of land known as Lot 10, Aspen Highlands Subdivision, Filing No. 2, recorded in Plat Book 11 at page 50 also being in the E '/2 of the NW '/4 and the SW '/4 of the NW '/4 of Section 14, Township 10 South, Range 85 West of the 6t" Principal Meridian, Pitkin County, Colorado being more particularly described as follows: Beginning at a point on the easterly right-of-way of the Maroon Creek County Road whence the North '/4 corner of said Section 14 bears N40°30'33"E a distance of 1745.05 feet with all bearings being relative to a bearing of N01°41'31"E between the SW corner and the W'/4 corner of said section 14; thence S32°04'26"E a distance of 28.41 feet along the south line of Lot 1 Aspen Highlands Subdivision; thence along the westerly line of a parcel of land described in Book 194 at Page 484 of the records of the Pitkin County Clerk and Recorder the following courses: thence S 11 °34'29"W a distance of 86.46 feet; thence SO1°29'45"W a distance of 165.95 feet; thence S14°04'21"W a distance of 109.09 feet; thence S20°25'26"W a distance of 293.36 feet; thence N36°52'22"W a distance of 52.59 feet to the northeasterly corner of a parcel of land described in Book 188 at Page 17 of the records of the Pitkin County Clerk and Recorder; thence along the northerly line of said Book 188 at Page 17 N60°22'57"W a distance of 237.89 feet to said easterly right-of- way line of the Maroon Creek County Road; thence along said easterly right-of-way line following the following courses: N29°18'59"E a distance of 84.98 feet; thence 144.20 feet along the arc of a 800.49 feet radius curve to the right, having a central angle of 10' 19' 16" and subtending a chord bearing N34°28'00"E 144.00 feet; thence N39°36'53"E a distance of 393.26 feet the POINT OF BEGINNING, containing 2.569 acres, more or less. APPROVED by the City of Aspen Planning and Zoning Commission at its regular meeting on January 4, 2005. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Jasmine Tygre, Chair EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS AMENDMENT TO THE OFFICIAL ZONING MAP OF HIGHLANDS VILLAS (LOT 10) Section 26.92.020, Standards Applicable to Rezoning In reviewing an amendment to the official zone district map, the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. STAFF FINDING: I DOES IT COMPLY? I YES The proposed zoning is consistent with the Land Use Code and does not represent any potential conflicts. This zoning provides the most congruent land use regulations with those previously provided in Pitkin County and provides the most appropriate zoning given the location, topography and access.- In addition, the proposed rezoning application will not create any zoning non -conformities with respect to the existing Highlands Villas B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. STAFF FINDING: DOES IT COMPLY? YES Staff believes that the proposed zoning is consistent with the Aspen Area Community Plan. The future land use map in the AACP envisions this site as a residential property with both multi -family and affordable housing, by which the proposed rezoning is consistent. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. STAFF FINDING: I DOES IT COMPLY? I YES The majority of the subject property is surrounded by County land that is zoned R30 (Suburb Density Residential). It is contiguous with the City of Aspen boundary along the north/west side of the property being separated only by the Maroon Creek Road. The current City Zoning in that area is C PD (Conservation PUD). It also borders City land to the south that is zoned R/MF with a PUD overlay. With these surrounding zoning designations, Staff believes that R/MF zoning would be most appropriate in this situation in that it is most consistent with the R/MF City zoning and the County zoned R30 area (see Exhibit B). D. The effect of the proposed amendment on traffic generation and road safety. STAFF FINDING: I DOES IT COMPLY? I YES Staff does not believe that the proposed rezoning will have a significant effect on traffic generation or road safety because it would not increase the number of allowed residential units to the property. 11 0 E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. STAFF FINDING: I DOES IT COMPLY? I YES There will not be an increase in the demand for public facilities as a result of the proposed rezoning request because it would not allow an increase in the number of residential units. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. STAFF FINDING: I DOES IT COMPLY? I YES The proposed rezoning application would not result in significant adverse impacts on the environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. STAFF FINDING: DOES IT COMPLY? YES Staff believes that the proposed rezoning application is consistent with the community and neighborhood character of the area in that the new zoning would not allow for any type of development that is not consistent with the predominant uses in the area. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. STAFF FINDING: DOES IT COMPLY? YES The annexation of Lot 10 itself has produced changed conditions (land transferred from County to City) that warrant the proposed amendment. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. STAFF FINDING: I DOES IT COMPLY? I YES It is in the public interest to assign City of Aspen zoning to this parcel once it becomes a part of the City. This zone district (H/MF) represents the closest approximation to the previous Pitkin County zoning, and does not pose any conflicts to 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. 4 q$ 00 D AF I s AFR-10 w _r r s _ r AFR-2 gyp/ �:/ _ - � `• v R�.�✓" r I 9 EAS 0 1 0'. NAME _ PHYSICAL ADDRESS_ PARCEL ID # SIGNATURE OF OWNERS DATE 0 ,L/ Tuvia Stein 1 Highlands Villas 273514208701 Elizabeth and John [3okram 2735142087C 2 Highlands Villas David and Lisa Vantine 3 Highlands Villas 273514208703 Aspen School District 273514208704Lj"m-4,�LA-7x) �� 4 Highlands Villas t - Katrina Johnson 273514208705 5 Highlands Villas Jennifer and Tim Lamb 6 Highlands Villas 273514208706 +--- —/ U Lisa and Joe Kistner 7 Highlands Villas 273514208707 G 4-01-1, r Lee Cassin and Dave Tolen 8 Highlands Villas 273514208708 � C� Wendy Larson q Highlands Villas 273514208709 Jim and Mary Owens 10 Highlands Villas 27351420 Mariah Shipp 11 Highlands Villas 27351420 Phil and Jill Hedrick 12 Highlands Villas 27351420 Sean and Erica Groover 13 Highlands Villas 273514208713 „ Patsy Malone! Highlands Villas 4 9 2735�42087�4 Marlene Schroeder 15 Highlands Villas 2735142087 Phyllis Kenny and Charlie Varonen 16 Highlands Villas 273514208716 ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE W �001A) ADDRESS OF PROPERTY: ti i , Aspen, CO SCHEDULED PUBLIC HEARING DATE: JG��Io/�C��I 1 , 2005 STATE OF COLORADO ) ) SS. County of Pitkin ) (name, please print) being or representinj an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. V Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. J.Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) • Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all busine hours for fifteen (15) days prior to the public hearing on such amendm�,r�t The foregoing "Affidavit of Notice" was acknowledgeq before me thisd� day of T)L . , 200_�t, by Cjr) ,eA WITNESS MY HAND AND OFFICIAL My commission expires: Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • MAROON CREEK CLUB PITKIN COUNTY STOCKMAN J & D MASTER ASSOCIATION 530 E MAIN ST STE 302 105 CONYERS FARM DR 10 CLUB CIR ASPEN, CO81611 GREENWICH, CT06831 ASPEN, CO81611 MCCREARY WILLIAM F & LOVVORN W LAMAR PHILLIS M PAUL JOHN WILLIAM FBO KALETA ANN DOOLIN 9750 AMANITA AVE 400 RUE ST ANN APT 107 p0 BOX 45562 TUJUNGA, CA91042 METAIRIE, LA70005 DALLAS, TX75245 EPOCH-DEMPSEY DLVP LLC GOLDBERG ANA C/O EPOCH PROPERTIES 36 GLEN GARRY DRIVE 359 CAROLINA AVE WINTER PARK, FL32780 ASPEN, CO81611 EPOCH-DEMPSEY DLVP II LLC REICHENTHAL PHILIP J PITKIN COUNTY C/O EPOCH PROPERTIES 9100 S DADELAND BLVD 4415 530 E MAIN ST STE 302 359 CAROLINA AVE MIAMI, FL33156 ASPEN, CO81611 WINTER PARK, FL32780 EPOCH-DEMPSEY DLVP LLC EPOCH-DEMPSEY DLVP LLC WANGER LEAH ZELL & RALPH C/O EPOCH PROPERTIES C/O EPOCH PROPERTIES 1540 N LAKE SHORE DR 359 CAROLINA AVE 359 CAROLINA AVE CHICAGO, IL60610 WINTER PARK, FL32780 WINTER PARK, FL32780 BOKRAM ELIZABETH & JOHN STEIN TUVIA VANTINE DAVID K & LISA A 0098 GLENN DEE RD HIGHLANDS VILLAS #1 HIGHLANDS VILLAS #3 ASPEN, CO81611 98 GLEN DEE RD ASPEN, CO81611 ASPEN, CO81611 ASPEN SCHOOL DISTRICT NO 1 JOHNSON KATRINA RE PO BOX 1993 0235 HIGH SCHOOL RD ASPEN, CO81612 ASPEN, CO81611 KENNY PHYLLIS ZAGORSKI-KISTNER VARONEN CHARLES H ELIZABETH M HIGHLANDS VILLAS #16 GLEN 98 GLEN DEE RD #7 DEE RD ASPEN, CO81611 ASPEN, CO81611 LARSON WENDY L HIGHLANDS VILLAS #9 98 GLEN DEE RD ASPEN, CO81611 OWENS JAMES L & MARY B #10 HIGHLANDS VILLAS ASPEN, CO81611 LAMB TIM E & JENNIFER C 0098 GLEN DEE RD #6 ASPEN, CO81611 CASSIN LEE E TOLEN DAVID 8 HIGHLANDS VILLAS ASPEN, CO81611 SHIPP BEVERLY A 0098 GLEN DEE HIGHLANDS VILLAS # 11 ASPEN, CO81611 HEDRICK PHILIP E & JILL A STEARN LEATHEM GROOVER SEAN & ERICA C 12 HIGHLANDS VILLA 37 FERRY LN 98 GLEN DEE RD # 13 ASPEN, CO81611-3307 WESTPORT, CT06880 ASPEN, CO81611 MALONE MARTHA N HIGHLANDS VILLAS 414 ASPEN, CO81611 ASPEN HIGHLANDS COMMERCIAL METRO DIST C/O ABACUS BOOKKEEPING ASPEN, CO81612 STEWART TODD 1/2 46 CLOUD NINE LN ASPEN, CO81611 SCIARRONE CAROLYN V & EDWARD F 18 CLOUD NINE LN ASPEN, CO81611 BAKER JAMES A SR & SANDY J 37 CLOUD NINE LANE ASPEN, CO81611 SAX BRYAN & CHRISTY PO BOX 4256 ASPEN, CO81612 SCHROEDER MARLENE �FOXBEND DEVELOPMENT PO BOX 809 CORP C/O SUSAN L BURNS ASPEN, CO81612 SCOTTSDALE, AZ85262-1247 ASPEN HIGHLANDS WILTROUT BOYCE W COMMERCIAL METRO DIST 201 CYPRESS LN C/O ABACUS BOOKKEEPING ASPEN, CO81612 COLORADO SPRINGS, CO80906 ASPEN HIGHLANDS pOMEROY JIM & JILL COMMERCIAL METRO DIST 56 CLOUD NINE LN 715 W MAIN ST ASPEN, CO81611 ASPEN, CO81611 LUONG MEI YEE 10 CLOUD NINE LN ASPEN, CO81611 REGANRNA D & BERNADETTE TTE LANESE DOMINIC C & EMILY E 49 CLOUD NINE LN 21 CLOUD NINE LNASPEN, CO81611 ASPEN, CO81611 ASPEN HIGHLANDS ASPEN HIGHLANDS COMMERCIAL METRO DIST COMMERCIAL METRO DIST C/O ABACUS BOOKKEEPING C/O ABACUS BOOKKEEPING P O BOX 9164 ASPEN, CO81612 ASPEN, CO81612 • ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE r t ADDRESS OF PROPERTY:�Q,Skspen,CO/0 SCHEDULED PUBLIC HEARING DATE: ' IZ17 , 200_ STATE OF COLORADO ) ) SS. County of Pitkin ) I, �l C( �l [ (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable,' waterproof3naterials,-which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Aignature The foregoing "Affidavit of Notice" was acknowledged befo e me thi day PUBLIC NOTICE RE: ASSIGNMENT OF INI77AL'CITY ZONING FOR LOT 10 OF THE HIGHLAND VILLAS SUBDIVLSION. NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, January 4, 2005, at a meeting to begin at 4:3,J p.m. before the As- pen Planning and Zoning Commission, Sister Cit- les Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the City of Aspen, requesting that Lot 10 of the Highlands " Villas Subdivision be assigned an initial city zon- ing of Residential/ Multi -Family (R/MF). The par- cel Is a 2.57 acre lot located at 98 Glen Dee Road (between Glen Dee and Maroon Creek Roads). For further Information, contact Chris Lee at the City of Aspen Community Development Depart- ment, 130 S. Galena St., Aspen, CO, 970.429.2759 (or by email at chrisl®ci.aspen.co.us). s/Jasmine Tygre, Chair Aspen Planning and Zoning Commission Published in The Aspen ', Imes on December 18. 2004.(2221) WITNESS MY HAND AND OFFICIAL SEAL My commission expires: l ' N0� Notary Public '77 : 0 0 O N Q 0gq�o.... ATTACHMENTS: PHOTOGRAPH OF THE POSTED NOTICE (SIGA9 LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL PUBLIC NOTICE RE: ASSIGNMENT OF INITIAL CITY ZONING FOR LOT 10 OF THE HIGHLAND VILLAS SUBDIVISION. NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, January 4, 2005, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the City of Aspen, requesting that Lot 10 of the Highlands Villas Subdivision be assigned an initial city zoning of Residential/Multi-Family (R/MF). The parcel is a 2.57 acre lot located at 98 Glen Dee Road (between Glen Dee and Maroon Creek Roads). For further information, contact Chris Lee at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, 970.429.2759 (or by email at chrisl@ci.aspen.co.us). s/Jasmine Tygre, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on December 18, 2004 City of Aspen Account Highlands Villas Lot 10: Developed as affordable housing Currently zoned as .... Lot size = 96,335 sq. ft. = 2.21 acres Number of Units = 16 Parking spaces per unit = 2 (32 total) Guest parking spaces = 6 Square ft. per unit (when constructed) = 910.7 sq. ft. (approximately) Square ft. per unit (with patio adjacent to bathroom enclosed — 10 of 16) = 1050.28 Square ft. per unit (with both patios enclosed — 3 of 16) = 1160.08 Unit height = 20 ft. (approximately) �D. NAME PHYSICAL ADDRESS PARCEL ID # • SIGNATURE OF OWNERS DATEa.��-ZO(�y /1.00, Tuvia Stein 1 Highlands Villas 273514208701 Elizabeth and John Bokram 2 Highlands Villas David and Lisa Vantine 3 Highlands Villas Aspen School District 4 Highlands Villas Katrina Johnson 5 Highlands Villas Jennifer and Tim Lamb 6 Highlands Villas Lisa and Joe Kistner 7 Highlands Villas Lee Cassin and Dave Tolen 8 Highlands Villas Wendy Larson 9 Highlands Villas Jim and Mary Owens to Highlands Villas Mariah Shipp 11 Highlands Villas Phil and Jill Hedrick 12 Highlands Villas Sean and Erica Groover 13 Highlands Villas Patsy Malone 14 Highlands Villas Marlene Schroeder 15 Highlands Villas Phyllis Kenny and Charlie Varonen 16 Highlands Villas 2735142087c 273514208703 273514208704J� 273514208705 ne�2 273514208706 273514208707 2735l4208708 273514208709 27351420871c 273514208711 2735142-08712 273514208713�, 273514208714 273514208716 II II ►I I► � IIII►II►III► ly II II II II I�IIIIIII� 1 ii II IIII I% / �°� I I► I I I I ly �Q III IIII% �, / / Ja. h� III I ► I I I I I � I ���� h�� I � o��o�o IIIII� ��►I��� 0 ��P� G° _ I I I I ► G� I li ao �� °` � IIII ► � I I I °J`' � ���I►111�1�111y°°� �� �I III�II��y 001\ II►I►III � ��c I ► I �� I I ► I gbh 0 Lot 10, Aspen Highlonds J Subdivision Filing 2 Plot Book 11 Page 50) 2.569 acres Bq, l0 O ' 0 Ai� - S"b. El ,LIOK 436 116 RESOLUTION OF THE PLANNING AND ZONING COMMISSION " OF PITKIN COUNTY, COLORADO, GRANTING SPECIAL APPROVAL TO MINOR AMENDMENTS 2 n r TO THE HIGHLAND VILLAS CONDOMINIUM PLAT Resolution No. 82 - 19 = �� L 1 Cil r � WHEREAS the owners of the sixteen units at Highland Villas are owners in common of a 2.57 acre parcel of real property in Pitkin County, Colorado more specifically described in the attached Exhibit "A"; and WHEREAS, the owners of these sixteen units have requested special approval for minor amendments to be made to the Highland Villas Condominium Plat; and WHEREAS, the Planning and Zoning Commission of Pitkin County, Colorado held a meeting on June 22, 1982, at which time evidence and testimony were presented with respect to this application. NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of Pitkin County, Colorado that special approval is hereby granted in order to allow the requested amendments to the Highland Villas Condominium Plat. The approval allows the owners of the sixteen units at Highland Villas to enclose the front and rear patios and balconies in order to increase the units' storage and living areas. APPROVED by the Pitkin County Planning and Zoning Commission at their regular meeting on.4"4y-6r, 1982. -SUP*—AZ 11 S2+seP"eeA 9, )a:z PITKIN COUNTY PLANNING AND ZONING COMMISSION By: Peter, C h a i rmle n MtGU/;Ec_ C-4S5WJN ATT ! ' Deputy County Cler /Attachment 0-1 �,jox436 ­,t_117 Exhibit "A e•rrlc'U'A'ifiy ..r Dr ... -rnY A\D_ n'••..•uculo Rtf:"f.A4oc CY11f1G R/p•+ .11 r•en by the r Prr­-`ts that the the owner of certain COµeGP+10'1 ( A Dr1AYAiU: COR reseribed as follows: lands .n ^thin County. Colorado P t,set of leM situated in the C 1/2 of the W 1/4 and the e\ l N of the NN 1'4 o' <rction le, T105, QRSN of the sth P.M., ►itRin County, roljrreo !"Crihea as follows: kCounty et • point on the eas'.•'r1v e.n.w. of the Karoon Creek County Pad whence the 'tortfi l; s corner of r.a i(1 9er.tion U Fears uth.r ,S 1Inv 1.744.23 ft.: 'hrnre F72'04'P, 2B.f0 ft. alona the southerly of Lot 1, A,Lvn Pe .I ands PuM lviston. -hence along the westerly Tounaary of hit (.a rrel of 'and dcaThenee in 511'3/k30"M,194 a slot* ft ace •,• H tRtn rt••:•+ty ^rrnrss an follows: e l•29'IS1r ;6 n 't.l thence 513'53y1557.590 ft06 to the Thence a ft: th.r nee 436.52 _ thrnce -20.7e'10"�, 2 i.43 of I.rd rnorthe•sterly corner of that Par celthenc� Ionoc the nornherly It at pane 17, vitkin County Fecords; ManhacY of sa i(i Ronk 1Br at vane 17 R60•41'M. 237.69 ft. sa re or the Maroon less to the cssterlr R.O.wR• of MoftCreek he M&roonere ekt county• bed Thenca a:ona the vesterly ts.23 ft,: thencR •Iona a curve to as follows: 'Whence 429•19'r. f ■ distance of 144.20 ft.. the right whose radiuR is R02.13 t•• (chard hear* 'r••2Bin�ino,containinet ►2,1)9nce3aauarT,fast noretor to the point ofbeg less. The Aspen HiohlaM■ tkilns Corporatton by these presents does lwrebv lav out ehe atOve ParceuMarintothe n•eenand style oium units f � w rl<r.-n!s as �!avn on this Fl•P ses st&t•d is W inhlarr!s Villas Cv,"lo"iniums, purs•rant to the purpo the Conl(w.:nkurc Mcl.ratioa for The Richlands Villas CoMoat Pace 19t1, in Rook 406, __. at Pace retarded os _ Y�r ch 2S inclusive, recepton No•j.)1?jq• 160 to Paa• 1 -�lecOTO er for ►itkin Canty, p01 Ctr ie'cor d■ of the CT•r •is Co)orado, and the t It is the onlvr`artv •ndWhose consent to tMeas•ry to pas• Clear title to said property reaordatiow of this nap- A•p, 19t1: rxacuted this jr? day of . AS►L11 IIIGNIAND! RRIINO COR}OVATION wt�Tea fni A'REqWc s.<T 13tanC • WI+s R•f o1'eL1C Ct'*T1r1CATC R ate of Colorado I sa. County of citk:n 1 ant vss U•V edced Mfo►o v this The lc rep ne lU rJ,v,�•_.+"'•'�.. day o ]9a1 of vie _SS ny ha-1 •end oj�(i : c�o aLl al �y -Omlisvion f><ptre lV^ liwY r- !`\% •e , A NNEXA TION PLA T ""T 10, ASPEN HIGHLANDS SUJ,,,Jo�` Not to Scale CITY ENGINEER'S APPPROVAL: Approved on the ----- day of 2004. Nick Adeh, City Engineer SURVEYOR'S CERTIFICATE: T11111, 111 0 DESCRIPTION —LOT 10, ASPEN HIGHLANDS SUBDIVISION, FILING NO. 2 ANNEXATION A tract of land known as Lot 10, Aspen Highlands Subdivision, Filing No. 2, recorded in Plat Book 11 at Page 50 also being in the E 9 of the NW f4 and the SW X of the NW of Section 14, Township 10 South, Range 85 West of the 6th Principal Meridian, Pitkin County, Colorado being more particularly described as follows: Beginning at a point on the easterly right—of—way of the Maroon Creek County Road whence the North 1/4 corner of said Section 14 bears N40 30'33"E a distance of 1745.05 feet with all bearings being relative to a bearing of N01'41'31 "E between the SW corner and the IN f4 corner of said I . Section 14, thence S32 04 26 E a distance of 28.41 feet along the south Ine of Lot 1 / Aspen Highlands Subdivision; thence along the westerly line of a parcel of land described in Book 194 at Page 484 of the records of the Pitkin County Clerk and Recorder the / following courses: thence S113429"W a distance of 86.46 feet; thence S0129'45"W a distance of 165.95 feet; thence S14'0421 "W a distance of 109.09 feet; thence / S2025'26"W o distance of 293.36 feet; thence N36 5222"W a distance of 52.59 feet to the northeasterly corner of a parcel of land described in Book 188 at Page 17 of the y records of the Pitkin County Clerk and Recorder, thence along the northerly line of said / Book 188 at Page 17 N60 22'57"W a distance of 237.89 feet to said easterly right—of—way line of the Maroon Creek County Road, thence along said easterly / J Q 0 right—of—way line the following courses: N29'18'59"E a distance of 84.98 feet; thence 144.20 feet along the arc of a 800.49 feet radius curve to the right, having o central angle of 10'19'16" and subtending a chord bearing N3428'00"E 144.00 feet; thence / N3936'53"E a distance of 393.26 feet the POINT OF BEGINNING, containing 2.569 acres, \�0�� more or less. / �J I, Stephen L. Ehlers, being a Registered Land Surveyor in the State of Colorado, do hereby certify that this ANNEXATION PLST for LOT 10, ASPEN HIGHLANDS SUBDIVISION, FILING NO.2, was made under my supervision and is true and correct to the best of my belief and knowledge. I further certify that the contiguous boundary of the Parcel shown I� .j$ greater than 1/6 (one sixth). ��b,_C.. 1, . Stephen L. Ehlers L.S. Wf-33 Ddte ,b . ' �mAl�lAt9i� CITY OF ASPEN APPROVAL Approved by the City Council, City of Aspen, Pitkin County, Colorado by Ordinance Number --------------, passed this ----- day of ------ _-------- 2004. Mayor City Clerk CLERK AND RECORDERS CERTIFICATE This Annexation Plat was filed for record in the office of the Clerk and Recorder, Pitkin County, Colorado at_ ------- o'clock on this -----day of ---------- A.D. 2004, filed in Plat Book No.----- at Page No. ------ County Clerk and Recorder GRAPHIC SCALE 0 20 40 80 160 ( IN FEET ) 1 inch = 40 ft. Nof e. According to Colorado Low, you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any legal action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. I I1111\ � IIII II ly IIII II I� III I � � IIIIIII��;' II I � I'II11 II I III � III I Ley II 5 STATEMENT OF CONTIGUITY � ,III I 05 Contiguous Distance = 653.15 feet I •�`o �� Total Distance = 1596.19 feet Contiguity = 2.443 (Which is greater than 1/6(.1666)) LINE TABLE LINE BEARING DISTANCE LI N.32'0426"W 28.41 III � Ij lily V / dill CURVE TABLE CURVE RADIUS LENGTH ITANGENTI CHORD BEARING DELTA C1 800,49 144.20 1 72.29 1 144,00 1 334 28'00"W 10'19'16 " V North 1/4 SEC. 14, T. 10 S. , R. 85 W. III I I III ! / _ ON, I II IIIII 11 ly / \ NW 1116 I III 1111 111 / �oy� \ SEC. 14, T. 10S. , R.85W. III IIIII 11 y \ / III Ili! 11'Iy / 6 \ / C.;, II��Iy � rW III II� 0 , 00 I \ c i U CFRTIFICATION OF DEDICATION AND OT•TNERSNIP Know all men by these presents that the ASPEN HIGHLANDS SKIING CORPORATION ( A DELAWARE CORPORATION), being the owner of certain lands in Pitkin County, Colorado, described as follows: A tract of land situated in the E 1/2 of the NW 1/4 and the SW 1/4 of the NW 1/4 of Section 14, T10S, R85W of the 6th P.M., Pitkin County, Colorado describes as follows: Seainnina at a point on the easterlv R.O.W. of the Maroon Creek County Road whence the North 1/4 corner of said Section 14 bears N40°31'53"E, 1,744.23 ft.; thence S320041F., 28.40 ft. alona the southerly line of Lot 1, Aspen Hiahlands Subdivision. Thence along the westerly boundary of that parcel of land described in Book 194 at Page 484, Pitkin County Records as follows: Thence S11°34'30"W, 86.46 ft.; thence SO1°29'45"W, 165.95 ft.; thence S13'52'15"W, 108.06 ft.; thence 920°28'30"W, 294.43 ft; thence N36°52'4, 52.59 ft. to the northeasterly corner of that parcel of land described in Book 188 at pace 17, Pitkin County Records; thence along the northerly boundary of said Book 188 at Paae 17 N60°41'W, 237.89 ft. more or less to the easterly R.O.W. of the Maroon Creek County Road. Thence along the easterly R.O.W. of the Maroon Creek County Road as follows: Thence N29°19'E, 86.23 ft.; thence along a curve to the riaht whose radius is 802.13 ft., a distance of 144.20 ft., (chord bears N34028'E, 144.00 ft.); thence N39°37'E, 393.26 ft. to the point of beainning containing 112,139 square feet more or less. The Aspen Highlands Skiing Corporation by these presents does hereby lay out the above parcel into condominium units and common elements as shown on this Map under the name and style of Hiahlands Villas Condominiums pursuant to the purposes stated in the Condominium Declaration for The Highlands Villas Condominiums recorded on March 25 1981, in Book 406 , at Page 160 to Page 177 inclusive, reception iontiont No.231756, of the records of the Clerk and Recorder for Pitkin County, Colorado, and that it is the only party whose consent is necessary to pass clear title to said property and does consent to the recordation of this map. Executed this ATTEST: Assistant Secretary NOTARY PUBLIC CERTIFICATE State of Colorado ) ) ss. County of Pitkin ) day of . A.D. 1981. ASPEN HIGHLANDS SKIING CORPORATION BY: President The foreaoina instrument was acknowledaed before me this day of 1981, by of -- Witness my hand and official seal My commission expires __ _ Notary Public CONDOMINIUN MAP H ANDS VILLAS LOCATED IN LOT 10 ASPEN HIGHLANDS SUBDIVISION FILING N2 IN THE EAST I/2 OF THE NW a SW I/4 OF THE NW 1/4, SECTION 14, T 10S, R 85 W OF THE 6TH PM. C-) �� \ A4fi / L:71 � 5°24 R=752.13 MAROON CREEK ROAD BUS STOP HIGHLANDS VILLAS PARK (DEDICATED TO THE COUNTY) N 39° 37' E 234 61' HIGHLANDS VILLAS LOT 10 4 N 391 3rE 279 32 S 50° 23 E 13 86, / 20 UTILITY EASEMENT 100� D 0"' 9� e 5� 6A 6 A Y3\ 4i � •iq '!O A / 9 A S0. FT / P E10 PIPELINEPARKING \ EA9ENENT oa \ ^e' 2.� UTILITY EASEMENT i F•AR KING A7/ LYETH-JON ES PIPELINE ��Y TRANlfORNER PAD / 16tiT \\\ \ (L IS UTILITY EASEMENT 4� 43 4't Z 10 Ob9i --; - 1 s591 E A� " 2 BUILDING A OVERNM 9f tE 14.1 TRA9H / O /� (A 1 r- f E VENT 1 2T , s )4.1 iro1 " 1 11 2�, ', 10 9�R2 1'E 1 14. 1�/q/E 14.1 47 yA O �.Sb ;''A ,101j-i..27 1 L-- - 1 1 ,A Ory5 z '' W 27 Ik e ^ 1 14.05 1 I`- 1 14 1 1 N. 2? ,1 " � RI j4od '1 14 / -1 BUILDING .W i ALL 44 31 like jPZE \3 hV? 'h 5 /X1 j H* q4 ,P E 10 EASEMENT FOR 4 Aqj LYETN-UO NES PIPELINE `� 'SC VI m 2D° IO 5 10 30 s0 FEET SCALE 1"- 40' NOTE: ELEVATIONS ARE IN RELATION TO MEAN SEA LEVEL BASED ON U.S.G.S, BENCH SOUTHWEST CORNER PITKIN COUNTY COURT HOUSE (ELEVATION 7906.8d) BEARINGS BASED ON CORNERS FOUND IN ASPEN HIGHLANDS SUBDIVISION. BEARINGS FROM PLAT RECORDED IN THE OFFICE OF THE PITKIN COUNTY CLERK ANu RECORDER, WRITTEN DIMENSION HAVE PRECEDENCE OVER SCALED DIMENSIONS. G.C.E - GENERAL COMMON ELEMENT LC.E.- LIMITED COMMON ELEMENT Of. - CEILING ELEVATION FE - FLOOR ELEVATION -------OVERHANG EASEMENT REFER TO THE CONDOMINIUM DECLARATION FOR HIGHLANDS VILLA' RECORDED IN PITKIN COUNTY RECORDS BOOK 406, PAGE 106 THRU 177 FOR _�MPLETE DEFIN..IONS N 40° 31' 53'E 1744. SURVEYOR'S CERTIFICATE I, Harold 14. Johnson, (JOHNSON-LONGFELLOW & ASSOCIATES, INC.), a reaistered land surveyor, do hereby certify that I have prepared this Condominium Map of the Highlands Villas; that the location of the outside boundary, the horizontal and vertical measurement of the buildinas, the units, the unit designation, the buildina symbols, the dimensions of the units, the elevations of the un- finished floors and ceilings as constructed are accurately and correctly shown hereon; that the same are based on field surveys, and that such map was Drepared subsequent to the substantial com- pletion of the improvements. In witness thereof, I have set my hand and seal this day of 1981 JOHNSON-LONGFELLOW & ASSOCIATES BY:- W. Johnson L.S. 918 ACCEPTANCE FOR RECORDING This plat of HIGHLANDS VILLAS is accepted for filing in the office of the Clerk and Recorder of Pitkin County, Colorado, this _ day of 1981, in Plat Book on Page _ Clerk and Recorder SHEET I nF � ,.:.......:.., _ ...3 _ ,._ .. f.E 8066.18 UNIT I UNIT 2 UN?? 3 UNIT 4 FE 805611 SECTION 1 1 A ADD. 3 < cE5 e0 965 U 5, 9' a 9' r�oc CE 8C 6513 -- ADD I I 5 9' 9 CE 9066, 18 ' CE SCA5.13 6.9 C80661E i jI _--CE 9066.1E t UNIT UNIT 2 r CE CE 80861E ^ 7.3 CE 8056.14 ' FE 8049.'24 3 9 ADD. 4 ^y CE 806513 6 9 CE 80681E 1iNiT 4 0 7. 3' -CE806513 N ADD. 4 55 CE. 8066.1E CE806513H ADD. 3 5.5' CE806513 ADD 2 73' 55, CE806513 55ADD, I SECOND FLOOR ADD. 5 cE5eos5�3 � 69 ------CIE —8Q66.16 ------ UNIT 5 a CE 8066. 18 reacs" 13 � ADD' 5 �, ADD. 6 +- 5.9 o CE 8065.13 F 9' CE 806!{ 18 p 7. 3 CE8065.13 a I ADD. 6 r------------I--__________ { I jj': r___--------- 1 - ADD. UNIT 6 a I r— — — — — — 1 — _� ADD. UNIT 5 I I - ADD. UNIT 4 I ADD UNIT 3 IF ADD. UNIT 2 ADD, UNIT I �— 12.6' UNIT I UNIT 2 < W UN'1 ADD. U 6 ADD. UNIT 5 ADD. UNIT 4 i I ADD. UNIT 3 1-- — — -- ---------J `SECOND FLOOR ADD. UNIT 2 L_—____—_—_—__j OVERHANG I I ADD. UNIT I 1 i---"``"" I 1 FIRST FLOOR A BUILDING A CE 8066. �7 UNIT 7 UNIT 8 _;NIT 9 UNIT 10 UNIT UNIT 12 F CE 8056.76 { FE SE-1 I' N [ L I I I r------------ - ADD. UNIT 12 S I I I— ADD. UNIT I 1 i ADD. UNIT 10 ADD. UNIT 9 i ADD. UNIT 8 ADD. UNIT , 7 I 12 9' JN1T 12 G { � � y � - ADD. UNIT 12 ADD. UNIT II ADD. UNIT 10 -- 1 1 i ADD. UNIT 9------ --J SECOND FLOOR I ADD. UNIT 8 1 1 OVERHANG I 1 ADD. UNIT17 1 i I 1 FIRST FLOOR BUILDING B JOB N0. 20-49 ADDITIONS TO UNITS 5/26/82 CONDOMINIUM MAP HIGHLANDS VILLAS JOHNSON , LONGFELLOW & ASSOCIATES, INC BOX 5547 SNOWMASS VILLAGE, COLORADO 81615 JOB N0. IC- 124 SCALE 1/8" = 11 AUGUST 21, 198i SHEET 2 OF 3 CE 8068.28 UNIT 13 UNIT 14 UNIT 15 UNIT 16 fE 0 CE 8056.80 E OON. 0 SECTION 3.3 3 (------------I 1nff— ADD. UINT 16 15 --[ ADD. AIM UNIT 11 12 80 U N,T :3 JN 1T 3 "a ADD. UNIT 16 �. ADD. UNIT 15 1 ADD. UNIT 14 1 \\vl 1 1 ADD. UNIT ,13 �— '� i !------- 1 1 1 SECOND FLOOR 1 --_—J OVERHANG 1 f ' - --� FIRST FLOOR BUILDING C SECTION. AA BUILDING A CE 8085 12 A1 ADD. DO UNITS 7-12 UNITS 7 12 SECTION B B BUILDING B CE 806713 ADD f � � ADD. UNITS I5-16 � UNIT 13-16 SECTION C.G BUiL'_TiNF c. JOB NO.20-49 ADDITfONS TO UNITS 5/26/82 0 0 File Edit Record Navigate Form Reports Taub Help A© y EA AM T" & H / I8 � V 1l�- it C .Qonditions Sub Permits Valuation Public Comment Main I Rogling Status j Arch/Eng j Parcels I Custom Fields Fees Fee Summary I Actions Routing Jjistory Permit Type _ Permit # 0061.2004.ASLU Address J Apt/Suite City State, Zip Permit Information Master Permit Routing Queue aslu Applied 09/29/2004 J Project Status 1pending Approved F— J Description',ASPEN HIGHLANDS VILLAS INITIAL ZONING _ Issued I-- J Final F J Submitted rClTY 0FASP—EN ClockFunning Days r 0 Expires 09/24/2005 J Visible on the web? Permit ID: r 31725 Owner Last Name CITY OF ASPEN J First Name r1 S GALENA ST (ASS PENNameFd—TYASPEN CO 81611 Phone (970) 92D-MM F/ 0 wner I s Applicant? Applicant Last Name ICITY OF ASPEN J Fist Name Pk,.... IMM9711rww 130 S GALENA ST ASPEN CO 81611 J ! vJ Record: 2 of 2