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Home My WebLink Aboutordinance.council.036-00 ORDINANCE NO. 36 (Series of 2000) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING THE INITIAL ZONING OF ASPEN HIGHLANDS VILLAGE PUD, BY DESIGNATING CERTAIN LANDS TO THE CONSERVATION (C), MODERATE DENSITY RESIDENTIAL (R-15), LOW DENSITY RESIDENTIAL (R-30), LODGE/TOURIST RESIDENTIAL (L/TR), RESIDENTIAL MULTI- FAMILY (RfMF), SKI AREA BASE (SKI) AND PLANNED UNIT DEVELOPMENT OVERLAY (PUD) ZONE DISTRICTS. PARCEL NO. 2735-142-13-001 WHEREAS, a parcel of land located on either side of Maroon Creek Road, commonly referred to as "Aspen Highlands Village PUD" was annexed into the City of Aspen on April 24, 2000, pursuant to Ordinance No. 08, Series of 2000; and, WHEREAS, the property is approximately 80± acres, and was granted PUD approval by Pitkin County, and is legally described herein; and, WHEREAS, the City Council of the City of Aspen must designate a zone district for the property of the annexation; and, WHEREAS, the City Council may approve Amendments to the Official Zone District Map (Rezoning) after taking and considering recommendations from the Community Development Director, the Planning and Zoning Commission made at a.duly noticed public hearing, and taking and considering public testimony at a duly noticed public hearing in conformance with the review criteria set forth in Section 26.310; and, WHEREAS, the Community Development Deparm~ent analyzed the sub.~ect parcel of land and recmxm~ended that various blocks, lots, parcels and other specific areas be included in the conservation (C), moderate density residential (R-15), low density residential (R-30), lodge/tourist residential (L/TR), residential multi-family (R/MF), ski area base (SKI) and Planned Unit Development Overlay (PUD) Zone Districts; and, WHEREAS, the boundaries for said zone district designations are described below; and, WHEREAS, during a regular meeting conducted on July 18, 2000, the Planning and Zoning Commission took and considered public testimony and recommended, by a six tozero vote (6-0), City Council include this property in the aforementioned zone districts, as described; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: SECTION 1: That the City Council include the land commonly referred to as Aspen Highlands Village PUD in certain zone districts as described below and direct the Community Development Director to amend the Official Zone District Map accordingly. Aspen Highlands Village Planned Unit Development Description: Parcels of land situated in Sections 14 & 15, T. I0 S.R. 85 W. 6th P.M., County of Pitkin and as specifically and legally described on, "The Aspen Highlands Village P.U.D. Final Plat", pages 1-10, recorded in Book 47, pages 1-10 of the Pitkin County Clerk and Recorders Office. Ail boundaries of Specific blocks, lots, parcels and other described areas below shall be derived from, "The Aspen Highlands Village P.U.D. Final Plat, pages 1-10, as noted above. Lands to be included in the Low Density Residential (R-30) Zone District: 1. Block A, Lots 1-12 Lands to be included in the Moderate Density Residential (R-15) Zone District: 1, BlockG, Lots,l-19 Lands to be included in the Residential Multi-Family (R/MF) Zone District: 1. Block B 2. Block C 3. Block E 4, Block F Lands to be included in the Conservation (C) Zone District: 1. Common Areas & Ski Easements IA and 2A (comained within Block A) 2. Common Areas & Ski Easements 1G, 2G, 3G, 4G and 5G (contained within Block G) 3. Block H 4. Parcel 1 5. Parcel 2 6. Parcel 3 7. Parcel 4 8. Parcel A Landa to be included in the Ski Area Base (SKI) Zone District: 1. Block D Lands to be included in the P..lanned Unit Development (PUD) Overlay: 1. Blocks A, B, C, D, E, F, G & H 2. Parcels i, 2, 3, 4 3. Parcel A 4. All street rights-of way contained within the Aspen Highlands Village PUD, excluding any of the Maroon Creek Road right-of-way. Land Within Road Rights-of-Way: All land within the public or private street rights-of-way shall be zoned consistent with the City Zone District designation of the adjacent parcel. In the event the right-of- way is bordered by two different City zone districts, the centerline shall become the zoning boundary. No zoning shall be applied to any portion of the Maroon Creek Road right-of-way. SECTION 2: It is acknowledged through this ordinance which assigns inirial City of Aspen zoning to the Aspen Highlands Village PUD that those uses specifically approved through the Planned Unit Development and Special Review Process under the jurisdiction of Pitkin County and now considered a Conditional Use by the City of Aspen are incorporated as approved uses and do not necessitate a Conditional Use review until such time as new, expanded, or modified Conditional Uses are proposed. The documents "Aspen Highlands Village: Detailed Submission Consolidated Plan", September 1997, recorded at Reception No. 423274, the "Aspen Highlands Village Planned Unit Development Guide", June 1998, recorded at Reception No. 422629, and amendments thereto contained within Board of County Commissioners of Pitkin County Resolution No. 99-127 (Fractional Ownership Project) shall serve as documentation of the approved uses by right and by special review which are the subject of this section. It is further acknowlegded that Pitkin County's Transfer of Development Rights (TDR) Program was anticipated to be utilized within the subject PUD lands as a part of the approval of the Aspen Highlands Village PUD~ By virtue of this ordinance, the City of Aspen acknowledges that the use of the TDR Program may be applied to the subject lands and administered by the City Attorney in a manner consistent with Pitkin County's program. SECTION 3: It is acknowledged through this ordinance that the Aspen Highlands Village PUD was prepared and approved based upon Pitkin County zoning and the Land Use Code in effect on June 1, 1993. The density of development and permitted floor area was established in accordance with the methodology documented in the "Aspen Highlands Village: Detailed Submission Consolidated Plan", September 1997; Aspen Highlands Village PUD Development Guide" June 1998 and the "Aspen Highlands Village General Submission Consolidation of Documents mad Materials Plan", December 1995. The entire Aspen Highlands Village subject property was factored into calculating the overall density and floor area for the PUD. This resolntion now zones Blocks A, lA, 2A, G, 1 G, 2G, 3G, 4G, 5G, H, Parcel 1, Parcel 2, Parcel 3, Parcel 4 and Parcel A as Conservation (C). These lands were formerly zoned for more intensive land uses by PiPkin County (R- 15, R-30, AFR-10 and AR-l) and were utilized in lot area calculations to determine maximum density and floor area as part of the Pitkin County pUD process. In the future, if an Aspen Highlands Village PUD amendment is proposed, the City of Aspen will recognize that lands now zoned Conservation (C) were formerly zoned for more intensive land uses and the rights associated with such lands were considered by Pitkin County in establishing the maximum floor area and density limitations. SECTION 4: It is acknowledged through this ordinance that in accordance with the General Provisions Section of the City of Aspen Water Service Agreement between the City of Aspen, Highlands Water and Sanitation District and Hines-Highlands Limited Partnership et. al., dated August 10, 1998, that certain provisions were agreed upon having to do with the development and implementation of the Aspen Highlands Village PUD. Specifically, the Aspen Highlands Village PUD will be exempt from the requirements of the City of Aspen Land Use Code relating to 8040 Greenline Review and Residential Design Standards. SECTION 5: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. SECTION 6: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. A public hearing on the ordinance shall be held on the 11~ of September, 2000, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen days prior to which a public notice of the same will be published in a newspaper of general circulation in the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 14~ day of August, 2000. ATTEST: ~athryn S~o~h, City Clerk a APPROVED AS TO FORM: Jo h'~o r'~'~t ~r~(~it~At t o r ney FINALLY, adopted, passed and approved this 11 ~' day of September, 2000. 7 ATTEST: · ASPEN HIGHLANDS VILLAGE INITIAL CITY ZONING Conservation: r-"l Highlands Annexation Boundary R-30 ~ ~-~s PUB I--I cat~ or ~s~n W E ~ Rivers&Ponds ~ Structures Or~ Hundred 8ml~ Road ~ S