HomeMy WebLinkAboutcoa.lu.rz.Aspen Highlands Vil.04
City of Aspen Community Development Dept.
CASE NUMBER
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PARCEL ID NUMBER
PROJECT ADDRESS
CASE DESCRIPTION As Fe n MJ h I Q lieV' VIII q s II7 I k ~ 7? f. i..u/);f
REPRESENTATIVE C i~ of I1s;eYJ
DATE OF FINAL ACTION '? l!JO /0 J -
CLOSED BY Denise Driscoll
MEMORANDUM
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TO:
THRU:
FROM:
RE:
Mayor Klanderud and City Council (1~l!. II
Chris Bendon, Community Development Director~rv j
Chris Lee, Planner \,\4." ,
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)
PARCELIDNuMBER(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 time frame.
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.
Photo 1
Some of the front patio spaces that could
be enclosed per the minor PUD agreement
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 ofthe 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
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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 ::I:: 18,600 square feet and the
allowable FAR (with slope reduction) under R/MF zoning would be::l:: 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 ifthe 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 2
The retaining wall behind the units
looking upward toward Glen Dee Road
Photo 3
The wooded area looking
down toward Maroon Creek Road
4
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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 (R1MF) with a PUD overlay.
CITY MANAGER ~ENTS:
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RECOMMENDED MOTION:
"1 move to approve Ordinance No. II, Series of 2005, assigning the property at 98
Glen Dee Road, Aspen Highlands Villas (Lot 10), to the Residential/Multi-Family
(RlMF) City zone district with a PUD overlay."
A TT ACHMENTS:
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 (RlMF)
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 of2004; 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 (R1MF) 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
Pitkin 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 R1MF 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 (R1MF) 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 Hil!hland Villas (Lot 10) Lel!al Description:
A tract of land known as Lot 10, Aspen Highlands Subdivision, Filing No.2, recorded in Plat
Book II at page 50 also being in the E Y, of the NW Y. and the SW Y. of the NW II. 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 Y. corner of said Section 14 bears
N40030'33"E a distance of 1745.05 feet with all bearings being relative to a bearing of
NOI041'31"E between the SW corner and the W Y. corner of said section 14; thence
S32004'26"E a distance of28.41 feet along the south line of Lot I 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 II 034'29"W a
distance of 86.46 feet; thence SOI029'45"W a distance of 165.95 feet; thence SI4004'21"W a
distance of 109.09 feet; thence S20025'26"W a distance of29336 feet; thence N36052'22"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 N60022'57"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: N29018'59"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 10019' 16" and
subtending a chord bearing N34028'00"E 144.00 feet; thence N39036'53"E a distance of393.26
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.
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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 14th day of February, 2005,
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klanderud, Mayor
FINALLY, adopted, passed and approved this _ day of
,2005.
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klanderud, Mayor
3
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Approved as to form:
City Attorney
H:\ChrisL\Applications\City CounciI\Highlands Villas Zoning\CC
4
EXHIBIT A
REVIEW CRITERIA & STAFF FINDINGS
AMENDMENT TO THE OFFICIAL ZONING MAP OF ASPEN HIGHLANDS VILLAS (LOT 10)
Section 26.310.0.40.. 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
development.
B. Whether the proposed amendment is consistent with all elements ofthe Aspen Area
Comprehensive Plan.
STAFF FINDING: I DOES IT COMPLY? I 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: I DOES IT COMPLY? I 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.
I
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, 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.
2
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PHYSICAL ADDRESS PARCEL ID #
~-'rI'vU--uu ,;23/.20(Ji
1 HighlandsVillas 273514208701
NAME
DATE
Tuvia Stein
Elizabeth and John Gokram
2 Highlands Villas'
David and Lisa Vantine
3 Highlands Villas
,
Aspen School D'istrict
4 Highlands Villas
Katrina Johnson
5 HighlandsVillas
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 HighlandsVillas
fy)..eriah Shipp
11 Highlands Villas
Phil and Jill Hedrick
12 Highlands Villas
-P'
Sean and Erica Groover
13 Highlands Villas,
Patsy Malone , ^
14 Highlands Villas
Marlene Schroeder
15 Highlands Villas
Phyllis Keflny and Charlie Varonen
16 Highlands Villas
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2735'4208709 &111 ~ ~ ~/
273514208703
273514208704
273514208705
, 273514208706
273514208707
273514208708
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SIGNATURE OF OWNEr1:S
273514208710
273514208711
273514208712 d~ ~ ~ "
273514208713 ~ ~
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(~"f'/t1,.t 11._ .
273514208714'-E'/"';,I/ //::1,MT/U:..--'
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2735142087
273514208716
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A.',
RECORDED At 9:01 A.M.. 9 JUNE, 1981 LORE7TA BAN}l'ER. RECORDER
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONS
OF PIiKlN COUiITY. cOLORADO
"'i.40fJ
c. '-~::1-~~f) 1
RECEPTION I GRANTING PMH-PUD REZONING AND fINAL PLAT APPROVAL
FOR THE ASPEN HIGHLANDS SUBDIVISION FILING 2
Resolution No. 81 - ~
W~ER~AS, Aspen H1gh1and$ Skiing Corporation, a Oeleware corporation
andWfpple Vati Ness ~ones (hereinafter' referred to 45 "Applicant") are
the ",",or> of record of 15.33 .cr.s of r.al prop.rty loc.ted in Pitkfn
County, tolorado IMre specifically described in the attached Exhibit "A'\
.nd
WHEREAS, the Applicant h.s appli.d for rezoning of 2.57 acres of s..iel
.. ,. - ,,' _.-...., .........
property~ more sP,cific.lly d.scribed as Exhibit"B" att.ched h....to.nUn-
_,'- _ _ ':,. _ . . . - . _ "-"-':,,:_0: - _.~
. 20 unit...lti-f...Ul employ"" housing proj.ct- ~ild fo~ the c;"ati~ot _ ,-
8n...slngf'f~j1~?tf"' "",rk.t homesitu on th.j,.'.nca of th. p~~;
WHEAEAS..publfc h.aringwu h.ld on Oct,ober 13, 1980 .tllhid; tiaoO.
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ind ",'
.. the Bo.rd heard .vldenc~ and t.stimony presented wl,th re~pect to thfs"applic.->
tion.
NOlI,; THEREFORE,- -BE IT RESOlVED by the Board of County C_issione;.. of :'-
'-Pitki~ County.i:ol~~.dO. that PMH-PUD rezoning for the 2.57 .cre site- describeci
0:""':' <}'_ :....>,.':...::c,~\.":,", .'. . ._,:,; _ . . '_.,,<:'-i'_'
-. ,;',il; EXhibtt,,~B", ,to be us.d for no RIOre then sixt..n (16) ...lti-family,PM!i '
F-~'> . .'".~;':",":.)':-:,-,\,(:'jG0;:~;6i.\.-> i.~-_./:;:. . ;-'" ;.>-.: /)'":::''' - ., . _ '_ __ " ; ,':'-' ':;:.- _ ,- '.;:, -,,\
dwalling ,uftc\ts .nd FInal Plat .pproval is hereby gr.nted for the proposed mult',
,>:~:.;;"',_.-;:':i:,':'c:_~{.;:_: ":\::':',<, > ,;:>;:::': ....,": i ,',- ';_~,';'-'-:".~_ ,. ,'. _: o. ":/:_:":,':~-,':'_::: __.' ,.-
. ,~f..ilY"devlloi>ment .nd the light (B) no.. slngl. family fr.. lDIrket ",",,"sit.s ,
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subject, to the .following conditIons:
,'. ,.-,-~._,---'-,'" .'," '"'. ~ ,',.
<:':1.::- The County'Engineer wilt work with adj.c.nt property -.......ro whos.,
, Properti.s ,lil edj.cent to thl PMH-PUD project to det....tne tl1e iPf'~..:
'... pri.te sc'~nlng technics. .. ,. " , ., ".;; 'd.
'::;<::',::"-:::':.,f',:'-;" "::::::;;""'_",.."_;:i- ?:::,): ',:,::.:;,' :",::">. :"-, ' ..' ;,::,-\: -:::_, : .... ':-' ,-_i_ :""t',,:. "'_ ._r_ ..:'.:".-. _ 'c' ,. '.' ".:'>_,;.:,:':',_~,_:\_:,:{
, 2. :.The Applicant sh.ll pa,y the prO rete shere of paving Glen E.gle Drive:~ ':
, ,'.,_at, sUCh,ti,. IS en illpro_t district _Is fonoed (Pro rete shelt _
An this' ce... no II" th.. .' 4/16 sllere of the tote 1 cos t of the roU' ,',"
~~~:-=:!;.t1~S .~s~11b~~t!. s::~~.t::~.:~th tl1e, Aspen Righl.~.
.-'..-'::.:.::".-.,'.....:.:-.:"".':..:..'..:,.,:......--..'...:,....::.:'..,.'..:....:::.-.. '.:" .-......,';'-.'.,.-.-.".....,.... ....< ,.,....... ....:.:..... :.' .__.:,--,--c_:-'
3. 'All ....s.les of tl1e AsPen. Highlands Villas shali be subject to the Pitkin
County's ,Resale A9......t. ,', '
4. The Appli~~t< sllell 'uecuteand record i""rov_t. Ag.....nt for the
construction of . bus stop .nd for the paving of Gl... Dee Drivl fl'Oll '
the entrance of the PMH-PUD project to Mtroon Creek Road .nd for the
p.ving of Gl.n Gary Drive South.
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'County' [nqirwet" felt' t.he PMfi-PUD projPct pt-ior t" r'!:'col'ding.
6. The AppiicJrlt s.ha11 execute anJ record Condmnirt"full\ Declaration'5 tu be
2ppt'Q'Jed l'y the County Atterne:; prior to n:~c9~rdln').
7. Th~ Apo1icilnt shall exe'.::ute dnd record the Declar"ation of Restrictions.
Agreement in whil':h the Aspen Highlands Siding ::orporation acc~pts re-
spoTl5ibi1ity fOt' snow n::mova] and n1dinte'1<1nce of G1en Gary Ori"e South.
Approvf-.:d by the Board of CO'Jnty C0l1nIi5~,ioners of Pitkin County, Color4do dt
their regular meeting on MdY 26. 19tH.
BOARD OF COi..iNTY COHNISSlONEKS
OF PITKIN COUiHY. COLOMO\)
3vL~~~.~
..... lfcib~Chdlnnan :
ATTE5T~
County Clerk
APPROVEO AS TO FO~":
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RESOLUTION OF THE PLANNING AND ZONING COMMISSION
OF PITKIN COUNTY, COLORADO,
GRANTING SPECIAL APPROVAL TO MINOR AMENDMENTS
TO THE HIGHLANO VILLAS CONDOMINIUM PLAT
Resolution No. 82 _ 19'
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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 describ~d in the attached Exhibit "All; and
'WHEREAS, the owners of these sixteen units have requested special approval
for ,minor amendments tp 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 ~equested 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
o
and living areas.
APPROVED by the Pitkin County Planning and Zoning Commission at their
regular ~et;ng on JbllJ 6; 1982.
-:ro~'22, '''2 +.2mn.eeA ',111&2-
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PITKIN COUNTY PLANNING AND
ZONING,COMMISSION
By:
Dlitg.... ~b1Y.
~I(,UIl&.-
G,AS~N
t~a~~n ~~
ATT~
Deputy County Clerk
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26.710.090 Residential Multi-Family (RfMF)
A. Purpose, The purpose of the Residential/Multi-Family (RlMF) 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 ResidentiallMulti-Familv CRlMF) zone district are
tvpicallv 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
(RlMF) zone disti-ict:
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 (RlMF) zone district, subject to the standards and procedures
established in Chapter 26.425:
I, 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 (RlMF) 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, Minimumfront yard setback (feet):
a. Detached residential and Duplex dwellings: Same as R6 zone district.
b. Multi-Family: 5.
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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 1,50{) square feet of lot area:
25.
c. Multi-Family - parcel density equal to or greater than one unit per 1,500 square
feet oflot 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
conj'orming 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 ofless than one unit per 1,500 square feet oflot 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, 9 7 (part); Ord, No, 25-2001, 9 5 (part); Ord. No, 1-2002 9 20 (part), 2002;
Ord. No, 29-2002 9 1,2002; Ord. No. 27-2004, 91)
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26.710.110 Affordable HousinglPlanned Unit Development (AHIPUD)
A. Purpose, The purpose of the Affordable Housing/Planned Unit Development
(AHIPUD) 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 mav 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
AHIPUD zone district can protect the City's neighborhoods from rezoning pressures that
other non-community oriented zone districts may produce. Further, lands in the AHIPUD
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:
I. 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 seventv percent 00%) 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 mav 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 proj ect 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 (AR) zone district, subject to the standards and procedures
established in Chapter 26.425:
1. Park and open use recreation site;
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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:
I. 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.
g, 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
Studio
One Bedroom
Two Bedroom
Three Bedroom
Three+ Bedrooms
300
400
500
1000
1500
500IBedroom
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:
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Fathering parcel Lot Area'
0--15,000 square feet
15,001--25,000 square feet
25,001--43,560 square feet
> I 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)
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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 (AR)
Zone District:
I, 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 pennitted by special use permit issued by federal
agencies.
21, Water crossing and diversion,
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D. Prohibited Uses: The following uses are prohibited in the Affordable Housing (AH) Zone
District:
I, 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,
II, 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 (AR) Zone District:
I, 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) sqnare 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,
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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 At!, B (part))
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ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: ~b ~\\\~ LJr \OC~f> G\rA Dte.,. ~ ), Aspen, CO
SCHEDULED PUBLIC HEARING DATE: _rl\p.cc k \~. ,2005
STATE OF COLORADO )
) ss.
County of Pitkin )
I, (name, please print)
being or represent' g 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,
I 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,
/
_L 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) ofthe 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)
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L 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 amhs,
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The foregoing "Affidavit of Notice" was acknowledged ~ore me this ft day
of ~ , 20Q1;, by c.o.-.7' 1 5 ,......Q (7
WITNESS MY HAND AND OFFICIAL SEAL
My commission ex ires: L{ ~
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No u lic
ATTACHMENTS:
COPY OF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
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PITKIN COUNTY STOCKMAN J & D MAROON CREEK CLUB
530 E MAIN ST STE 302 105 CONYERS FARM DR MASTER ASSOCIATION
ASPEN, C08l611 GREENWICH, CT0683I 10 CLUB CIR
ASPEN, C08l61l
MCCREARY WILLIAM F & PAUL JOHN WILLIAM LOVVORN W LAMAR
PHILLIS M 400 RUE ST ANN APT 107 FBO KALETA ANN DOOLIN
9750AMANITAAVE MET AIRIE, LA 70005 PO BOX 45562
TUJUNGA, CA91042 DALLAS, TX75245
EPOCH-DEMPSEY DL VP LLC GOLDBERG ANA
C/O EPOCH PROPERTIES 36 GLEN GARRY DRIVE
359 CAROLINA AVE ASPEN, C08l6ll
WINTER PARK, FL32780
EPOCH-DEMPSEY DL VP II LLC REICHENTHAL PHILIP J PITKIN COUNTY
C/O EPOCH PROPERTIES 9100 S DADELAND BLVD #415 530 E MAIN ST STE 302
359 CAROLINA AVE MIAMI, FL33156 ASPEN, C081611
WINTER PARK, FL32780
EPOCH-DEMPSEY DL VP LLC EPOCH-DEMPSEY DL VP 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,IL606l0
WINTER PARK, FL32780 WINTER PARK, FL32780
BOKRAM ELIZABETH & JOHN STEIN TUVIA VANTINE DAVID K & LISA A
HIGHLANDS VILLAS #1
0098 GLENN DEE RD 98 GLEN DEE RD HIGHLANDS VILLAS #3
ASPEN, C08l6ll ASPEN, C081611 ASPEN, C08161l
ASPEN SCHOOL DISTRICT NO 1 JOHNSON KATRINA LAMB TIM E & JENNIFER C
, RE PO BOX 1993 0098 GLEN DEE RD #6
0235 HIGH SCHOOL RD ASPEN, C0816l2 ASPEN, C0816ll
ASPEN, C081611
KENNY PHYLLIS ZAGORSKl-KlSlNER CASSIN LEE E
V ARONEN CHARLES H ELIZABETH M TOLEN DAVID
HIGHLANDS VILLAS #16 GLEN 98 GLEN DEE RD #7 8 HIGHLANDS VILLAS
DEE RD ASPEN, C08l6ll ASPEN, C081611
ASPEN, C08l6ll
LARSON WENDY L OWENS JAMES L & MARY B SHIPP BEVERLY A
HIGHLANDS VILLAS #9 #10 HIGHLANDS VILLAS 0098 GLEN DEE
98 GLEN DEE RD HIGHLANDS VILLAS #11
ASPEN, C08l6ll ASPEN, C0816l1 ASPEN, C08l611
HEDRICK PHILIP E & JILL A STEARN LEATHEM GROOVER SEAN & ERICA C
12 HIGHLANDS VILLA 37 FERRY LN 98 GLEN DEE RD # 13
ASPEN, C08l611-3307 WESTPORT, CT06880 ASPEN, C081611
MALONE MARTHA N
HIGHLANDS VILLAS #14
ASPEN, C08l611
ASPEN HIGHLANDS
COMMERCIAL METRO DIST
C/O ABACUS BOOKKEEPING
ASPEN, C0816l2
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, C08l611
SAX BRYAN & CHRISTY
PO BOX 4256
ASPEN, C081612
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VI \c.
MEMORANDUM
TO:
THRU:
Mayor Klanderud and City Council
Chris Bendon, co~~ty Development Director
FROM: Chris Lee, Planner
RE: Aspen Highlands Villas (Lot 10) Initial City Zoning - First Reading of Ordinance
No.lL, 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.
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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.
Photo 1
Shot of some ofthe front patio spaces that
can be enclosed per the minor PUD agreement
PREVIOUS ACTION:
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,
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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 (RJMF) 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
(RJMF) 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 RJMF 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 RJMF 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 RJMF zoning
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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 2
Shot of the retaining wall behind the units
looking upward toward Glen Dee Road
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 City Council assign the zoning of Aspen Highlands
Villas (Lot 10) to Residential/Multi-Family (RlMF) with a PUD overlay,
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RECOMMENDED MOTION:
"I move to approve Ordinance No,lL, 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."
A TT ACHMENTS:
Exhibit A -- Review Criteria and StafTFindings
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 1 -- Pitkin County Code Section 3-40-070 Affordable Housing (AH)
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ORDINANCE NO. .ll.
(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-
F AMIL Y (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 ofland located at 98 Glen Dee Road, petitioned for annexation into the City of
Aspen, and,
WHEREAS, the property is approximately 2.57 :l:: 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 of2004; 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 ofland 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
Pitkin 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 of2005, 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
"........
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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 Hil!hland Villas (Lot 10) Lel!al Description:
A tract ofland known as Lot 10, Aspen Highlands Subdivision, Filing No.2, recorded in Plat
Book II at page 50 also being in the E Yz of the NW Y, and the SW Y, of the NW Y, 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 Y, comer of said Section 14 bears
N40030'33"E a distance of 1745.05 feet with all bearings being relative to a bearing of
N01 041 '31"E between the SW comer and the W Y, comer of said section 14; thence
S32004'26"E a distance of28.41 feet along the south line of Lot I 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 11 034 '29"W a
distance of 86.46 feet; thence SOl 029'45"W a distance of 165,95 feet; thence SI4004'2l"W a
distance of 109,09 feet; thence S20025'26"W a distance of293.36 feet; thence N36052'22"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 N60022'5T'W a distance of237.89 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: N290 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 1 00 19' 16" and
subtending a chord bearing N34028'00"E 144.00 feet; thence N39036'53"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.
2
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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 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 14th day of February, 2005.
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klanderud, Mayor
FINALLY, adopted, passed and approved this _ day of
,2005.
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klanderud, Mayor
Approved as to form:
City Attorney
3
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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 COMPLV? 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 COMPL v? I 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: I DOES IT COMPL v? I 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.
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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, 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 (R1MF) 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.
2
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PHYSICA~ADDRESS PARCEL ID # "'~
~---r('vU--vu ;25('2007
Tuvia Stein 1 HighlandsVillas 273514208701
NAME
DATE
bli.'o'tt C,
l,.';.)
SIGNATURE OF OWNERS
Elizabeth and John Bokram
2 Highlands Villas
David and Lisa Vantine
3 HighlandsVillas
Aspen School District
4 Highlands Villas
273514208703
/y. /7",
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273514208704
Katrina Johnson
5 HighlandsVillas
273514208705
Jennifer and Tim Lamb
6 Highlands Villas
273514208706
Lisa and Joe Kistner
7 HighlandsVillas
273514208707
Lee Cassin and Dave Tolen
8 Highlands Villas
Wendy Larson
9 HighlandsVillas
273514208708
273514208709
Jim and Mary Owens
10 HighlandsVillas
273514208710
fY\.priah Shipp
11 Highlands Villas
phil and Jill Hedrick
12 Highlands Villas
Sean and Erica Groover
13 Highlands Villas
Patsy Malone .
14 Highlands Villas
273514208711
Marlene Schroeder
15 Highlands Villas
Phyllis Ker]ny and Charlie Varonen
16 Highlands Villas
273514208712 a~ r!J--e ~ '
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273514208713 ~ ~
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273514208714 \,.i/'~1 /jp~
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2735142087
273514208716
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RECORDED AT '1:01 A.M.
9 JtmE. 1981 LORE';TA BANJofER. RECORDER
'~:'-l~'S1
RECEPTION ,
RESOLUTION OF THE SOARO OF COUNTY COMMISSIONS
OF PITKIN COUIITY, COLORADO
GRANTING PMH-PUD REZONING ANO FINAL PLAT APPROVAL
FOR THE ASPEN HIGHLANDS SUBOIVISION FILING 2
"i' 4OCI." 53~
Resolution No. 81 - ~
WHEREAS. Aspen Hlg~lands Skiing Corporation, a Deleware corporation
.nd Wlpple Van Ness Jones (hereinafter referred to as "Applicant") .re
the owners of record of 15.33 acres of real property located In Pltk,n
County, Colorado more specifically described In the attached Exhibit "A".
and
WHEREAS, the Applicant has applied for rezoning of 2.57 .cr.s Of s.id
property. more specifically described .s Exhibit'S" attached h....to .nd In-
corporated ~J this reference. to PMH-PUO for the purpose of developoaent of
. 20 unit ...lti-fllll1y employee housing project .ild for the c....tlon of
a new single fllll1y free merket homesltes on the bel.nce of the property, .nd
WHLREAS. . public hearing w.s held on October 13. 1980 .t which tl.
the BOlrd heard evidence and testllllOllY presented wfth respect to this .ppl1c.-
tlon.
NOW. THUEFllllE, BE IT RESOlVEO by the 80Ird of County C_issloners of
Pitkin County, Colorado. thlt PMH-PUD rezoning for the 2.57 acre site described
011, Exhlblt~a' to be uS.d for no 11IO'" thin shteen (16) ..ltl-famlly PMH
....lllng IInlts ond Fln.l PlIt .pprov.l is hereby gr.nted for the proposed ..ltf-
f..lly devel_nt and the eight (a) new single f..lly free .rket "-sites
subject to the following conditions:
1. The County Engl...r will work with .dj.cent property _rs who..
properties lie .dj.cent to the PMH-PUD project to dote..,.. the appro-
prl.te sc~nlng technics. '
Z. The Appl1c.nt sh.ll IllY the pro r.te share of paving GI", E.g1e Drive
et SllCh time IS .n IlIpro_t district Is for-.d (Pro r.t. sh.ll _.
In this c.... no less thlll . 4f16 share of the totel cost of the I'lII4
111p1'O_t). This responsibility shall rest with the Aspen HigbUMa
.kl1nl Corporation and .hall DOt be cran.ferred.
3. All res.1es of the Aspen Hlghl.nds Vlllu shill be subject to the Pitkin
County's Reule AIl_t.
4. The Applicant shall execute and record IlIprov_ts AIl.......t for the
construction of . bus stop .nd for the Plvlng of Glen Dee Drive f_
the entrance of the PMH-PUD project to "'roon Creek Road .nd for the
p.vlng of Glen Gary Drive South.
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:r~(; I~i'c) 1 : C.\II t, 1,1 i: f~"';1 .Jr'\; ci Condomi ni IJI1! r),1 ~_ te) tl!.; ,lPiJ! iJ'ied tJ t:ll:
tounl/ [,,'l ~1~';-'!" fur' tnl; PMil~PU!) pnlJPct pi"lv'- t.., f"' J,'Ji~l':i.
6. irw !~ppli<:,jn, c,hul1 ex,~..;tJte anJ fr>Cilrd Condfjjill 1-' LJII: Ci;',~IJr1t.icn~ L' b::
c:.l1i;I"()v\.:d ('j th,' CiJurlty AttGrn':~' prior' t;.l l'i~<:'_;ni:t:'J
I, Pw APlllic,lllt Shd11 I~:~f."~ljtl; Jnd r8(or-d thi' L\Ci-1Jr-Jti,'n ut R"'5tri<,.;tinfl5
A9re~~lia;nt in i~!ljch t.h~~ Aspen hi9h]:Hi;j~, ,}~iin(J :orpor,ltlon acc"';)t.s r>?-
si,'H)nsilJility f')I' Slh'lW t'crliLw.ll Jnd m,jintf:"lJJ1U.: cf Glen Gary Ori 'e South.
ApprOVf:::J by UH~ l~oJrd .')f CO'lnt)' COl\ll1is<;ionel'::' of Yitkir. County. Colorddo tlt..
thei'" retjuldr ijli:dil1<J on MdY 26, l')Hl.
BOARJ i)F CO~;jTi Cl)H:.tl)SliJril>~:i
O~ p; 1 KIN COUiF 'f. CllORi\llU
3;;L~4&.~
UnD Chi d. Chdirnhln
ATTEST~
County Clerk
APPROVED AS TO fORM:
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RESOLUTION OF THE PLANNING AND ZONING COMMISSION
OF PITKIN COUNTY, COLORADO,
GRANTING SPECIAL APPROVAL TO MINOR AMENDMENTS
TO THE HIGHLANO VILLAS CONDOMINIUM PLAT
Resolution No. 82 - 19'
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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 "Allj and
WHEREAS, the owners of these sixteen units have requested special approval
for,minor amendments tp 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 ~et;ng on db.1J 6, 1982.
':1u~'U I ''Nl + JeM\MleeA ", IIf 112..
PITKIN COUNTY PLANNING ANO
ZONING COMMISSION
By:
Dlitli'''" GblY,
~l(jlllla-
GAs';I1O",
t~a~n w(}r---
ATT~
Deputy County Clerk
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-
26.710.090 Residential Multi-Family (RIMF)
A. Purpose. The purpose of the Residential/Multi-Family (RlMF) 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-Familv (RlMF) zone district are
typically those found in the Aspen lnfill 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
(RlMF) zone district:
I. 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 (RlMF) 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 (RlMF) 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. Minimumfront 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 ofless than one unit per 1,500 square feet oflot 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, S 7 (part); Ord. No. 25-2001, S 5 (part); Ord. No. 1-2002 S 20 (part), 2002;
Ord. No. 29-2002 S 1,2002; Ord. No. 27-2004, Sl)
E~;loa- \\
26.710.110 Affordable HousingIPlanned 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 contemolated that land mav 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:
I. 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:
I. 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:
I. 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.
II. 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 # I: 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
Studio
One Bedroom
Two Bedroom
Three Bedroom
Three+ Bedrooms
300
400
500
1000
1500
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:
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: I
.3: 1
* Lot Area as defined in the Land Use Code.
(Ord. No. 55-2000, S 22)
lx~\).~ 1:.
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:
I . 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:
I. 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.
II. 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)
sq uare 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
\
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ADDRESS OF PROPERTY:
SCHEDULED PUBLIC HEARING DATE:
,200_
STATE OF COLORADO )
) ss.
County of Pitkin )
I, ~Ot&.4-t~ L..'v...d.1- (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:
~ublication 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(:ereto.
_ 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 Commpnity
Development Department, which contains the information described in{>ection
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (IS) dajs 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 govermnent,
school, service district or other govermnental or quasi-govermnental 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.
a,,~~ _'-..A~
,lTgnature
The foregoing "Affidavit of Notice" was acknowledged before me thiS~!1: day
of~02- , 20Q3- by :::>c ...." h., ..........C'''-IlL-
WITNESS MY HAND AND OFFICIAL SEAL
!BLlC NOTICE
RE: INITIAL ZO G OF THE ASPEN HIGHLANDS
VILlAS (LOT'), A PARCEL THAT WAS AN-
NEXED INTO 'f E CITY OF ASPEN BY ORD. NO.
49 (SERIES 0' 2(04) OF THE CITY COUNCil ON
1/24/05. '
NOTICE IS HEREBY GIVEN that a public
hearing will be held on Monday, March 14, 2005.
at a meeting to begin at 5:00 p.m. before the As-
pen City Council, Aspen CUy Chambers, City Hall,
130 S. Galena 51., Aspen, to consider an applica-
tion submitted by the CIty of Aspen, requesting
that the Highlands VIllas (Lot 10) that was reeenl.
Iy annexed into the City 01 Aspen, be loned as
Residential Multi-Family (RMf) with a PUD over-
lay, and that appropriate modifications be made
to the official City Zone DIstrict Map. The 101 is
legally described as "Lot 10 Aspen Highlands Sub-
division"
For further infonnation, contact Chris Lee
at the City of Aspen Community Development De- A TT ACHMENTS:
partment, 130/' Galena St., Aspen, CO,
970.429.2759 i or by email at i
chrisl@d,aspen'1~~~~len KalIn Klanderlld, Mayor ~OPY OF THE PUBLICATION'
I AspenCityCollncil
Published in T e Aspen Times on February 27,
2005. (243i)
My commission expires:
~ /;:;13/ c57-
~--t-J
Notary Public
rw OF THE POSTED NOTICE (SIGN)
[) GOVERNMENTAL AGENCIES NOTICED
BY MAIL
.
<>>
JYA.
MEMORANDUM
TO:
THRU:
Aspen Planning and Zoning Commission
Joyce Allga~~uty Community Development Director
FROM: Chris Lee, Planner LA-
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: :t 2.57 acres, III ,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 (RlMF-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.
.
.
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 2
Shot of the retaining wall behind the units
looking upward toward Glen Dee Road
Photo 3
Shot ofthe 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 (RlMF) zone district.
RECOMMENDED MOTION:
4
--<~,
--_.,."~--------_.....--
'""'
"I move to approve Resolution No. .Q3., 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 (RlMF) 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 (RlMF)
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
..-.,~,
--.,
RESOLUTION NO. .Il3
(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 (RIMF) 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 (RlMF) 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
RlMF 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 of2005), by a _ to _ vote, recommending
that City Council assign Highlands Villas (Lot 10) to the Residential/Multi-Family (RlMF) 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 (RlMF)
Zone District, as described below, and direct the Community Development Director to amend the
Official Zone District Map accordingly.
Hil!:hland Villas (Lot 10) Lel!:al Description:
A tract of land known as Lot 10, Aspen Highlands Subdivision, Filing No.2, recorded in Plat
Book II at page 50 also being in the E y, of the NW Yo and the SW Yo of the NW 'I. 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 I;" comer of said Section 14 bears
N40030'33"E a distance of 1745.05 feet with all bearings being relative to a bearing of
NOl 041 '31"E between the SW comer and the W Y. comer of said section 14; thence
S32004'26"E a distance of28.41 feet along the south line of Lot 1 Aspen Highlands Subdivision;
thence along the westerly line of a parcel ofland described in Book 194 at Page 484 of the
records of the Pitkin County Clerk and Recorder the following courses: thence Sll 034'29"W a
distance of 86.46 feet; thence SOl 029'45"W a distance ofl65.95 feet; thence SI4004'21"W a
distance of 109.09 feet; thence S20025'26"W a distance of293.36 feet; thence N36052'22"W a
distance of 52.59 feet to the northeasterly comer 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 N60022'57"W a distance of237.89 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: N29018'59"E a distance of84.98 feet; thence 144.20 feet
along the arc of a 800.49 feet radius curve to the right, having a central angle of 10019' 16" and
subtending a chord bearingN34028'00"E 144.00 feet; thence N39036'53"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
Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
2
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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
~~~~~~~~~~~~~~~~~~
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: 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 housin , which is both allowed for with the ro osed zonin .
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? T YES
The subject property borders City land to the south that is zoned RlMF with a PUD overlay.
Given this contiguous zoning designation, Staff believes that RlMF zoning would be most
appropriate for this property to avoid spot zoning. The characteristics of this property are
also most consistent with the RlMF 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? I 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.
,-..
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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: T 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.
1. 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: T 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 (RlMF) 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. .
2
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PHYSICALCRESS PARCEL ID #
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Tuvia Stein 1 Highlands Villas 273514208701
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SIGNATURE OF OWNE~$
NAME
DATE
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Elizabeth and John Bokram
2 Highlands Villas
David and Lisa Vantine
3 Highlands Villas
273514208702
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.. Aspen School District
4 Highlands Villas
273514208703
273514208704
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Katrina Johnson
5 Highlands Villas
Jennifer and Tim Lamb
6 Highlands Villas
273514208705
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273514208706
Lisa and Joe Kistner
7 Highlands Villas
273514208707
Lee Cassin and Dave Tolen
8 Highlands Villas
. Wendy Larson
9 Highlands Villas
Jim and Mary Owens
10 HighlandsVillas
273514208708
273514208709 .
273514208710
fy).priah Shipp
11 Highl~nds Villas
phil and Jill Hedrick
12 Highlands Villas
273514208711
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273514208712 a~ /J-e ~ "
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273514208713 ~ ~
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273514208iI4;~Y*;~ / //;1,;./..~
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Sean and Erica Groover
13 Highlands Villas
Patsy Malone ,
14 Highlands Villas
Marlene Schroeder
15 Highlands Villas
Phyllis Kellny and Charlie Varonen
16 Highlands Villas
2735142087
273514208716
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RECORDED AT 9:01 A.M.
9 JUNE, 1981 LORE7TA BAWl'ER. RECORDE.R
RESOLUTION OF THE BOARD OF COUNTY COMMISStONS
OF PITKIN COUilTY. COLORADO
40fl .r,3(>
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RECEPTION I GRANTING PMH-PUD REZONING AND FINAL PLAT APPROVAL
FOR THE ASPEN HIGHlANDS SUBDIVISION FILING 2
Resolution No. 81 - ~
WHEREAS. Aspen Hlg~lands 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 Pltkfn
County, Colorado more specifically described in the attached Exhibit "A".
and
WHEREAS. the Applicant has applied for rezoning of 2.57 acre. of .aid
property. more .pecifically de.cribed a. Exhibit "8" attached hereto and in-
corporated ~J this reference. to PMH-PUD for the purpose of de.elopnlOnt of
a 2D unit multi-family employee hou.ing project arid for the cre.tion of
8 new .ingle family free market hOlllOsite. on the b.l.nce of the property, .nd
WHLREAS. . pUblic hearing w.. held on October 13, 198O .t whi,ch tillle
the Board heard evidence and te.timony pre.ented with re.pect to thi.'.pplic.-
tian.
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NOW. THEREFOll!, BE IT RE,SOLVED by the Board of County C_is.ioner.of '
Pitkin' County, Color.do. that PMH-PUD rezoning for the 2.57 .cre .ite
., .. ';..,. Exhibi~,,\B,' to be u.ed for no IIIOre than .ixteen (16) ..lti-family PMH
<lloelHng....;.,,(ts .nd Fin.l Pl.t .pprov.l is hereby gr.nted for the propo.ed multi-
f...fly'dev.lopment .nd the .ight (B)now singl. family free market ..it..
.ubjectto the following condition.:
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The Couftty Enginee/wm work with .dj.cent property ~rs
propertie.ll. .djacent to the PMH-PUD proj.ct to det....ine
"pr!~te 'C~~ing technics. '
The Applic.nt .h.ll pay the pro r.ta .har. of paving Glen
, &touch ti. as .n i""rov...t district h formed (Pro ret.
:In thi.c.... no 1... th.n . 4/16 .hare of the total co.t of the
l""rov_t). TM,respon.lbility ,hall re.t with the Aspen
SkUna .Corporation and .hdl. not b. tranllferred. .. -
3. 'All re,.le. of the Aspen Highl.nd. ViII.. .hall be .ubject to the
County', Re..le Ag.....nt.
4. The Appllc.nt $hall\.ecute and record ImProvflllltllto Agre....nt for the
conltruction of e bu. .top and for the paving of Glen Dee Driv. fl'Oll
the entr.nc. of the PMH-PUD project to Maroon Creek Road and for the
p.ving of GI.n Gary Drive South. '
1.
2.
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'). lnc ;\pplicdnt "hdl1 prt:rdl',: 11 CondominiuJ!\ fl1.1t to be ,1pploveJ by the
(ounti [:lJir1t'er for the PMH-?UlJ project pr-ior' t" n.-'cor-ding.
6. The ApplicJl1t sh.:J.ll execute rlnJ r~cord Condominium Declardtions tl' b:
uPP1'Qv~d l1i the County Attorn'!,:; prior to n:conlin'J.
7. Th~ Applicant Sh.111 e;\e'~lJte Mid record the lJeclarJ.tion ot Restrictions
Aljreelnent in Ivhicn the Aspen Highlands S"-iing ~orporation JcC'~pts re-
sponsibility for snow I"CUIOVoll and n1rlintE"lJnCe of Glen Gdry Ori"e South.
Approved by the Soard of CO'Jnty COlliTlis<,iorH!I'S of Pitkin County, Color<ldo .)1;
their reguli1f l1Ieding on M,IY 26. 19[31.
BOARD OF COU1HY COHiHSSION[~$
OF PI1KIN COUilTV. COLORAiJO
3vLZrP..--JT/-zJ.~
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ATTE5T~
County Clerk
APPROVED AS TO FORM:
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RESOLUTION OF THE PLANNING AND ZONING COMMISSION
OF PITKIN COUNTY, COLORADO,
GRANTING SPECIAL APPROVAL TO MINOR AMENDMENTS
TO THE HIGHLAND VILLAS CONDOMINIUM PLAT
Resolution No. B2 _ 19'
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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 tp 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 m~et;ng on ,L1J 6, 1982.
-:I"UIo!e '2Z I ,,.~ + Jefn!nleeA. " 14 fl2.
PITKIN COUNTY 'PLANNING AND
ZONING COMMISSION
By:
Dgtgr (I'dYI
l>-\10UIla-.
6,AS-;r.aN
t~a~~n ~r---
ATT~
Deputy County Clerk
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26.710.090 Residential Multi-Family (RIMF)
A. Purpose. The purpose of the Residential/Multi-Family (RlMF) 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 (RlMF) 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 attathed 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
(RlMF) zone district:
I. 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 (RlMF) 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 (RlMF) zone district:
I. 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. Minimumfront yard setback (feet):
a. Detached residential and Duplex dwellings: Same as R6 zone district.
b. Multi-Family: 5.
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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 oflot 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 ofless than one unit per 1,500 square feet oflot 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, S 7 (part); Ord. No. 25-2001, S 5 (part); Ord. No. 1-2002 S 20 (part), 2002;
Ord. No. 29-2002 S 1,2002; Ord. No. 27-2004, Sl)
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26.710.110 Affordable HousingIPlanned 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. TIle 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:
I. 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 meefs 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;
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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:
I. 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 Pinal 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
Studio
One Bedroom
Two Bedroom
Three Bedroom
Three+ Bedrooms
300
400
500
1000
1500
500/Bedroom
Note #2: The allowable floor area permitted in this zone shall be established by adoption
of a Pinal PUD Development Plan by using the following table applied to the proposed
fathering parcel as a guide:
,....
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, S 22)
.......
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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:
] . 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 I, 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:
I. 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.
,.....
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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.
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7. Minimum lot width: thirty feet (30').
8. Maximum height principal structure: twenty-eight feet (28').
9. Maximum height accessory structure: twenty feet (20').
1 O. Maximum floor area ratio: .50. (Ord. 99-36 Att. B (part))
""_,.,,,,,___""__~~h~__'_'_"_
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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
ofterritory to the City of Aspen; and
WHEREAS, the petition, including accompanying copies of an annexation map, has been
reviewed by the City Attorney's Office and the City Engineer and found by them to contain the
information prescribed and set forth in 931-12-107, C.R.S.; and
WHEREAS, the owners of one hundred percent (l00%) 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 931-12-107, 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 99 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:
1111111111111111111111 :~~~~~~1;9: 42
SILVIA DAVIS PITKIN cou~ny co R 16.00 0 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, Piling 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 ofthe 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 ofthe 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.
111111111111111I1111111 :~~;~~~;1 ~9: 42
SILVIA DAVIS PITKIN COUNTY CO R 16.00 0 0.00
2
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IIIIIIIIIIIIIIIIIII~ II ~~~~~~;1 ~9 42
SILVIA DRVIS PITKIN COUNTY CO R 16.00 D 0.00
That this ordinance shall not have any effect on existing litigation
.1"""''',
Section 6.
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
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the.(3 day of ~. 200 .
jI;lII-'
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FINALLY adopted, passed and approved this 24th day of
January 2005.
~~
JPW- saved: 12/7/2004-650-G:\john\word\ords\Aspen-Highlands-Annexation.doc
J
Jt.~.
MEMORANDUM
TO:
THRU:
FROM:
RE:
DATE:
Aspen Planning and Zoning Commission
Joyce Allga~~etuty Community Development Director
Chris Lee, ~iilner
Aspen Highlands Villas (Lot 10) Rezoning
January 4, 20U3
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 ZONtNG: Affordable Housing (AH) - County Zoning
PROPOSED ZONING: Residential/Multi-Family (RlMF) - 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.
I
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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.
ST AFF 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 R1MF (Residential/Multi-Family) Zone District, as described in the included
Resolution.
RECOMMENDED MOTION:
"I move to approve Resolution No. () 'V , 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 RlMF (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. 02.
(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 (RIMF) 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 ct 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 ofland and
recommended the property be designated Residential/Multi-Family (RlMF) 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 (RlMF) Zone District, as describedbelow, and direct the Community
Development Director to amend the Official Zone District Map accordingly.
Hil!hland Villas (Lot 10) Lel!al Description:
A tract of land known as Lot 10, Aspen Highlands Subdivision, Filing No.2, recorded in Plat
Book II at page 50 also being in the E 12 of the NW Y. and the SW Y. of the NW Y. 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 Y. corner of said Section 14 bears
N40030'33"E a distance of 1745.05 feet with all bearings being relative to a bearing of
NOl 041 '31"E between the SW corner and the W Y. corner of said section 14; thence
S32004'26"E a distance of28.4l feet along the south line of Lot I 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 11 034'29"W a
distance of 86.46 feet; thence SOl 029'45"W a distance of 165.95 feet; thence SI4004'21"W a
distance of 109.09 feet; thence S20025'26"W a distance of293.36 feet; thence N36052'22"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 N60022' 5T'W a distance of 23 7.89 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: N290 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 10019' 16" and
subtending a chord bearing N34028'00"E 144.00 feet; thence N39036'53"E a distance of393.26
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
Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
2
EXHIBIT A
REVIEW CRITERIA & STAFF FINDINGS
AMENDMENT TO THE OFFtCIAL 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 DOESITCOMPLV? I YES
~~~~~~~~~~~~~~~~~~
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? I 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 DOESITCOMPLV? I YES
The majority ofthe 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 RlMF with a PUD overlay. With these surrounding zoning designations, Staff
believes that RlMF zoning would be most appropriate in this situation in that it is most
consistent with the RlMF 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 COMPL v? 1 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.
.1"<....
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: I DOES IT COMPLY? I 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: 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: I DOES IT COMPLY? , 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.
2
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PHYSICAL ADDRESS PARCEL ID #
~./Yf'J-LU-u ~3/.20()i
Tuvia Stein 1 Highlands Villas 273514208701
NAME
DATE
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
Mpriah 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 Kellny and Charlie Varonen
16 Highlands Villas
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SIGNATURE OF OWNEltS
273514208703
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f-t;;~~~r~
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273514208704
273514208705
273514208711
273514208706
273514208707
273514208708
273514208709
273514208710
273514208712 a~ ~--{ ~
n'cer- ~
273514208713 ~ ~
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273514208714 ,,,,,,./,,.':7 / _ /I"~/
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2735142087
273514208716
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ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: ~~.::: J~\\Ch'" Ln\- \0 [Cji<, ~\tI\~~e~~)
SCHEDULED PUBLIC HEARING DATE: ~O"l\\vK.l\'1 1-\ , 2005
STATE OF COLORADO )
) SS.
County of Pitkin )
.
I, (1 (name, please print)
being or representin 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.
J 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 ofletters not
less than one inch in height. Said notice was posted at least fifteen (IS) 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 (IS) 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)
J
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 (IS) days
prior to the public hearing on such amendm
The foregoing "Affidavit of Notice" was aCknowledge~ before me thi~ 9' day
of (f); d _ , 200 -=t, by CJ.-.r) <, () Q
WITNESS MY HAND AND OFFICIAL SEAL
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My commission expires:
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Notary Public
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'" " "MAROON CREEK CLUB
PITKIN COUNTY STOCKMAN J & D
530 E MAIN ST STE 302 105 CONYERS FARM DR MASTER ASSOCIATION
ASPEN, C081611 GREENWICH, CT0683I 10 CLUB CIR
ASPEN, C081611
MCCREARY WILLIAM F & PAUL JOHN WILLIAM LOVVORN W LAMAR
PHILLISM FBO KALETA ANN DOOLIN
9750 AMANITA AVE 400 RUE ST ANN APT 107 PO 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 ASPEN, C081611
WINTER PARK, FL32780
EPOCH-DEMPSEY DLVP II LLC REICHENTHAL PHILIP J PITKIN COUNTY
C/O EPOCH PROPERTIES 9100 S DADELAND BLVD #415 530 E MAIN ST STE 302
359 CAROLINA AVE MIAMI, FL33156 ASPEN, C081611
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
HIGHLANDS VILLAS #1
0098 GLENN DEE RD 98 GLEN DEE RD HIGHLANDS VILLAS #3
ASPEN, C08l611 ASPEN, C08l611 ASPEN, C081611
ASPEN SCHOOL DISTRICT NO I JOHNSON KA TRINA LAMB TIM E & JENNIFER C
RE PO BOX 1993 0098 GLEN DEE RD #6
0235 HIGH SCHOOL RD ASPEN, C081612 ASPEN, C081611
ASPEN, C081611
KENNY PHYLLIS ZAGORSKI-KISTNER CASSIN LEE E
V ARONEN CHARLES H ELIZABETH M TOLEN DAVID
HIGHLANDS VILLAS #16 GLEN 98 GLEN DEE RD #7 8 HIGHLANDS VILLAS
DEE RD ASPEN, C081611 ASPEN, C081611
ASPEN, C08l611
LARSON WENDY L OWENS JAMES L & MARY B SHIPP BEVERLY A
HIGHLANDS VILLAS #9 #10 HIGHLANDS VILLAS 0098 GLEN DEE
98 GLEN DEE RD HIGHLANDS VILLAS #11
ASPEN, C081611 ASPEN, C081611 ASPEN, C081611
HEDRICK PHILIP E & JILL A STEARN LEA THEM GROOVER SEAN & ERICA C
12 HIGHLANDS VILLA 37 FERRY LN 98 GLEN DEE RD # 13
ASPEN, C081611-3307 WESTPORT, CT06880 ASPEN, C081611
MALONE MARTHA N
HIGHLANDS VILLAS #14
ASPEN, C0816l1
ASPEN HIGHLANDS
COMMERCIAL METRO DIST
C/O ABACUS BOOKKEEPING
ASPEN, C081612
STEW ART TODD II2
46 CLOUD NINE LN
ASPEN, C081611
SCIARRONE CAROLYN V &
EDWARDF
18 CLOUD NINE LN
ASPEN, C081611
BAKER JAMES A SR & SANDY J
37 CLOUD NINE LANE
ASPEN, C08l611
SAX BRYAN & CHRISTY
PO BOX 4256
ASPEN, C081612
..~_._-_..._~~-~-_._-
,r'
... .... FOXBEND DEVELOPMENT
SCHROEDER MARLENE CORP
PO BOX 809 C/O SUSAN L BURNS
ASPEN, C081612 SCOTTSDALE, AZ85262-1247
ASPEN HIGHLANDS WILTROUT BOYCE W
COMMERCIAL METRO DIST 201 CYPRESS LN
C/O ABACUS BOOKKEEPING
ASPEN, C08l612 COLORADO SPRINGS, C080906
ASPEN HIGHLANDS POMEROY JIM & JILL
COMMERCIAL METRO DIST
715 W MAIN ST 56 CLOUD NINE LN
ASPEN, C081611
ASPEN, C081611
LUONG MEl YEE
10 CLOUD NINE LN
ASPEN, C08l611
REGAN DYLAN & LANESE DOMINIC C & EMILY E
BERNADETTE 21 CLOUD NINE LN
49 CLOUD NINE LN ASPEN, C081611
ASPEN, C081611
ASPEN HIGHLANDS ASPEN HIGHLANDS
COMMERCIAL METRO DIST COMMERCIAL METRO DIST
C/O ABACUS BOOKKEEPING C/O ABACUS BOOKKEEPING
POBOX 9164 ASPEN, C08l612
ASPEN, C081612
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDR'" OFPROmm, Ld- / (J ~ k\d's [~II 09-,,, CO
SCHEDULED PUBLIC HEARING DATE: It/ . . ,200_
STATE OF COLORADO )
) ss.
County of Pitkin )
I, ~ q \Iv( e S- L\ ( lI1. (' j f (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.
postin;~;:~~~~'BY posting of notice, which form was obtained ~om the
Community DeveloPtDent Department, which was made of suitable,
waterprooflnateiials;-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 l\.eight. 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 Conu4unity
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 govermnent,
school, service district or other govermnental or quasi -govermnental 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.
1::~J/A -~'di
19nature
The foregoing "Affidavit of Notice" was acknowledged before me thi"J ')day
of ~. ,200l{,by v~ ~'YJ~
WITNESS MY HAND AND OFFICIAL SEAL
D". PlJB~ NoncE
.u;,; ASSlGNMENT OF ,'. .
LOTIOOFTHEHJGIR..ANo~' . ZONING FQR
NOnCE.rs-'HEf$BY _ _,SUBDIVISION.
h~g will be ~ on - - that. _ a PUblic..'
at ameettng,to ,begin at".>' ,- - . January 4,2005. _-
pen PIann1ng"and - - - - - Co i),JD. b.&fpre the As.
les Room. CIty-H8J~ _ 1l1D1isa1on.~terCft.'
~ider an . -' ,5. Galena St, Aspen, to
Alpen, - - appJ!cation. submttted by the City 01 .
VWu Su~ ~hat Lot 10 of the H1ghiandA;--
Ing of ResJd......1i M' assigned an-Initial city zon..
" ~........ ultl-Famlly (R/MF)1b
eeJ bI a 2.57 acre lot 10000ated at 98 Glen" Dee e~
~ GIeQ Dee and Maroon Creek Roada).
city ,Of As~lcontact Chris. Lee at the
ment 1308. <WeQ.a - ,ty Development -Oepart-
Co< -~~ 'atChrislilc~li'...' ,co, 91tt429.2 7.59
- .,...... Ch:.US).. _
-"'-no
Published In The A.pen d ZOJ:dng COrmnJssIQD
2004. (2221) - - - on December 18,
Notary Public
ATTACHMENTS:
:OPY OF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
r'.'
, /
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 HalI, 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 (RlMF).
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 TVl!re. 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 - ](J of 16) = 1050.28
Square ft. per unit (with both patios enclosed - 3 of 16) = 1160.08
Unit height = 20 ft. (approximately)
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PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN. COLORADO
The undersigned petitioners, being the land owners within the area proposed to be
annexed as hereinafter described, respectfully request the City Council of the City of Aspen to
approve the annexation of the proposed area to be annexed, and in support thereof allege as
follows:
1. It is desirable that the territory described in the petition below be annexed to the City
of Aspen.
2. The petitioners are the owner of more than 50% of the territory sought to be annexed.
3. The requirements of sections 31-12-104 and 31-12-105 c.R.S. exist or have been met.
LAND DESCRIPTION
The land for which annexation is sought by petitioners consists of the parcel
identification numbers listed on t]Je attached petition.
ATTACHMENTS
Accompanying this petition are four (4) prints of annexation maps containing the
information required by CRS 197331-8-107.
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NAME PHYSICAL ADDRESS PARCEL ID # SIGNATURE OF OWNERS
DATE ~~ c!23/.::2.-(]O'i /7'
To'" '<0'" ,H'ghl,,'> VHI" 273514208701 4- i .~
Elizabeth and John Bokram 273S1420870~2~_'':'~<~, ~
2 Highlands Villas ~_~_
David and Lisa Vantine
3 Highlands Villas 273514208703
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
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
273514208704
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273514208705
273514208706
273514208707
273514208708
273514208709
273514208710
273514208711
273514208712 d~~ ~
273514208713 ~.~~
273514208714,,-.~"J))t;i7u-
2735142087
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273514208716
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Lot I 0, Aspen Highlands
Subqivision Filing 2
(Plot Book II Page 50)
2.569 acres
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~loK436 i',dlo
RESOLUTION OF THE PLANNING AND ZONING COMMISSION
OF PITKIN COUNTY, COLORADO,
GRANTING SPECIAL APPROVAL TO MINOR AMENDMENTS
TO THE HIGHLAND VILLAS CONDOMINIUM PLAT
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Resolution No. 82 - 19
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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 CountYI 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 CountY9 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 J~lJ 6, 1982.
:rv~'U I '''2 + Jel'ftllleeA '1, 14" 2..
PITKIN COUNTY PLANNtNG AND
ZONING COMMISSION
By:
pgt'ilr' GblY,
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6,45.",.,a",
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thai~n
ATT~
Deputy County Clerk
/Attachment
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:l\IOK436 i",d17
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Exhibit
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K_ III _It by 1"("t' I'r('s~-:,t. lh",t ..be;, r.. Htr."'-"SD"l !l" IMG
(O1l""',.,,,,,O'1 , A DJ'1.A"t"1tE COP,MAATfC\ttl. heincr t.he miner of c:.rtaia
lands ,ft .it~in rnunty. CoJor.~O ~c.eribed.. follow.'
; tract 0' 1<<nd .itu~t~ in the P. 1/2 of t~. NW 1,t .~ the
.. ]/4 of' lh. NIt 1'. ('0' "'<"Clio" 14. T10!';. III!." 0' the '..ll P.M..
Ptt'in Count.y, rol~r~~o ~r.c:rlhe. .s 'ollnws; ~eOlnntno at .
point on the ~~s~~rlY ..O.~. of the ~.roon Creek County ~~d
whoc:'\e"e ..he '(c.rt.h III cC!r!'l~r of fIld" :e"c:'ltiOfl 14 hea... N40')} "i)-E.
1.T...~) ''tof ~~('''C'e ~12'C4'P:. 21.40 f't. along the lI011therly Un..
o. Lot I, A.~~n ~~~hl.~d. :eu~lyt.ton. ~"nc. 810no the westerly
ro...,,~.rr 0' ~h,'t I,oUC'cot of ~,)nd r\cscl'lbod in I'lQOk 1" at: "aa. .1'.
<rttk1n [TrOl~t.., ~""or~. alii 'o11cwa= T1'rflIee ~11.]")O""'. ..... f\:.'
thcm~e C.OI.29...~-W. 16'5..''; 't..1 t.!lcnco. sll.S2')S'"V. 101.06 ft"'
tb.."c:e cl(l'"1l1i')Il-", 1"".43 '"tl lh..nc:. "')'.S2.... !l2.Sf ft. t.o tn.
lIorthl',utt!'rlv corner of that parc.l o. )arod described In Iloclll I"
at ".ae 11. "it.kin Count.y l'ecorc!s, thence aloner the noro:.hel"l,
bou~tary o. ~ai" ~ooa 18P at "aae 11 N'O.41'~. 2)7." ft. ~re ~
1~.. to the c.$terl~ R.O.~. of t~ ~rOOft Cf~ek County Road.
~e1\C.a aloner tho 1l'.'lOtt"rly 1l.C).... o. the M6roo!\ C....1It Coulloty ~
a. .ollowsl ~hencp S2'.)"~. 'i.Zl ft.l tbenc:~ aJOIIoG a c:u"~. to
tlW ..icrht wbo.. radiu" la 802.1] ,\:.. a di.tanee of 14.4.20 ft..
tc:hor~ ~ar. ~l..l"~. 1...00 ft.ll thene. "),-J7'1. ).).26 ft.
to the point Of beainninq eont.inibe 112,1)' aqua... '..t aD". oc
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'I'be ".Pl!'ft Iflg~h""a ~ktl.,. C"orPDrat1on by t...... pr....te do.-
,.........,.. lev C'ut the .ba... parcel into CCNI4~iftl.. unite and e~
.,1<__l'l"!.. a. lIhow11o .". uti. Np I,Ind.1' tN naMe and aty1. of
~lnhland. Yill.. r~nd~ini~ pu~.q.ft~ to th. purpo... .t.tad 1.
ttle C'nrdOOl'.ini.\IfIl lWe1arati~ rol' The RiClhlanll. Yilta. Condo,dn(.lna
re<"(OordM _ , r.~rc" 2S , "II. In 1'0011; '0_' . at. paoe
)68 to-p.M.--ln Inclu.ive. r;c:;:ptToft Mo'lJJJJJ.,
or tY"ir~or.. Df ttii Clerk and MCOrd_r for 'itUn Count-y,
~01Q~ado. .nd that. 1t. i. the only partv who.e eon.ent. 1. naee..ary
to ~.. clear title to ...~d propert.y an'lt doe. eon..nt to tM
secor'ati. or thle ..p..
hacvt.ed tJll.
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