HomeMy WebLinkAboutcoa.lu.an.Stillwater Ranch Lot5.2007
"lite
lIIJ[e%Il1o::ra.n..d..........
The OilY olAIPen
GiIY AlIDrney's Omee
TO:
Mayor and Members of Council
FROM:
John P. Worcester
RE:
May 14, 2007
Ordinance No. 18 , Series of 2007, to Disconnect Lot S, Stillwater Ranch
Subdivision from the city limits of the City of Aspen
DATE:
Attached for your consideration and review is a proposed ordinance that, if approved, would
disconnect Lot 5, Stillwater Ranch Subdivision from the city limits of the City of Aspen.
The parcel proposed for disconnection is part of the Stillwater Ranch Subdivision located on the
eastern edge of the City limits. Attached please find a Petition for Disconnection by Ordinance
submitted by Sister Andrea Jaeger, the founder of Little Star Foundation. The petition describes
the reasons for the request and history of this parcel.
I have asked city staff members to be present at the public hearing of the ordinance to describe
any issues that the city staff may wish to bring to City Council's attention before approving the
ordinance. Also, attached hereto please find a memorandum from the Commnnity Development
Department that makes a recommendation regarding this matter.
State law authorizes City Council to adopt an ordinance to disconnect lands that are within and
adjacent to the boundary of the City of Aspen upon the filing of an application by the property
owners and a finding of the Citv Council that the best interests of the Citv would not be
preiudiced bv the approval of the disconnection.
The attached proposed ordinance contains the requisite findings and, if adopted, would
disconnect the parcel from the city limits of the City of Aspen.
If you have any questions regarding this matter, please contact me.
REQUESTED ACTION: Approval of Ordinance No.~, Series of2007, on first reading.
CITY MANAGER'S COMMENTS:
cc: City Manager
JPW. saved: 5/7/2007-301-G:~ohn\word\memos\Little Star disconnect.doc
TO:
FROM:
THRU:
-_.~~._-~.,,,~,..-
MEMORANDUM
Mayor and City Council
Jessica Garrow, PlannerJMbJ
\JAw
Joyce Allgaier, Deputy Director
DATE OF MEMO: May 8, 2007
MEETING DATE: May 14,2007
RE: 1490 Ute Ave Petition for Disconnection from the City of Aspen
REQUEST OF COUNCIL: Council has been asked to approve a petition for disconnection by
ordinance ofthe 6.487 acre parcel located at 1409 Ute Avenue. The parcel is also known as Lot
5 in the Stillwater Ranch Subdivision.
BACKGROUND: In 1997 the property owner, Silver Lining Ranch, requested annexation into
the City and requested rezoning and a Growth Management Exemption. Subsequent to the
annexation, the. parcel was rezoned to Academic (A) and Conservation (C), both with a Specially
Planned Area (SPA) overlay. The Applicant was also granted a Growth Management Exemption
for a non-profit entity qualifying as an essential public facility.
Prior to annexation, the Stillwater Ranch Subdivision was approved by the Pitkin County BOCC.
Below is a map indicating the lots in the Stillwater Ranch Subdivision; all are within the Growth
Boundary.
c::J Growm BOlIfIdery N
-""" A
:"',-Sutlj&c:1Property-LoI5
~Sbnw.t...SUlldlvIljOn
Page I of4
."",~_..>.~~~---
The subdivision includes six lots and a large open space parcel. The Land Use approvals from
the County included five growth management allotments for single-family homes on Lots 2 - 6.
These Lots were zoned AR-2 (Residential- 2 Acre) and under the approved subdivision were
permitted to include 6,500 square feet of floor area, plus 4,000 square feet of exempt sub-grade
floor area and 750 square feet of exempt garage area. Of the six lots, only one, Lot 5, was ever
annexed by the City.
DISCUSSION: Based on the Petition for Disconnection, it appears the property owner is
interested in disconnecting from the City in an effort to revert back to the previous zoning and
approvals received in the County prior to Annexation. Regardless of if the property is
disconnected or not, the property would be required to undergo a land use process in order to
either change zoning in the City or establish zoning in the County.
Attached as Exhibit A is a map of the area. The areas in blue are located within the City, and the
areas in green are located in the County. Lot 5, located in the City, is in pink. A large version of
this map will also be available at the public hearing.
Citv Zoning
If the Petition is not granted and the property stays in the City, the property owner would be
permitted to retain the current zoning, but a similar activity or use would be required to occur on
the Lot in order to comply with the permitted uses in the Academic (A) and Conservation (C)
zone districts (See Exhibit B for a list of the permitted uses in these zone districts). If, however,
a change in use is desired, the property would need to be rezoned in order to accommodate that
use. As indicated in the map attached as Exhibit A, the surrounding areas in the City include an
Affordable Housing development zoned AH/PUD (Ute Park Townhomes), the Aspen Club
zoned Rural Residential (RR PUD), and single-family and duplex homes zoned R-15B and R-15
PUD. The adjacent zoning in the County is AR-2, Residential - 2 Acre, which is intended "to
provide for a moderate density, transition zone between moderate and low density residential
land uses." (Pitkin County Land Use Code)
If the parcel was zoned to a residential use for the purposes of constructing a single-family or
duplex dwelling unit, the property would be required to undergo a Growth Management Review
and provide affordable housing mitigation for the new square footage.
The lot is 6.487 acres, or approximately 282,573 square feet. If the property owner pursued (and
the City granted) rezoning of the entire parcel to R-15 (Moderate Density Residential), R-30
(Low-Density Residential), or RR (Rural Residential) to accommodate a single family residence
or duplex on the property, the allowed Floor Area Ratio for a single family home would be
approximately 11,251 square feet and the allowed Floor Area Ratio for a duplex would be
approximately 13,997 square feet.
Staff, however, would recommend that the area currently zoned as Conservation (C) remain in
that zone district in order to continue to preserve the natural resources in the area, and would
recommend that only the Academic (A) zone be considered for re-zoning to residential. If this
occurred, the area able to be built on and the allowable floor area would be reduced, per Section
26.710.022 of the Land Use Code. (See Exhibit C) This portion of lot includes approximately
Page 2 of4
147,000 square feet of lot area. If only this portion of the property was re-zoned to a residential
use (R-15, R-30, or RR), the allowed Floor Area Ratio for a single family home would be
approximately 8,540 square feet and the allowed Floor Area Ratio for a duplex would be
approximately 9,930 square feet.
Currently, the parcel contains a structure of approximately 18,000 square feet. If the parcel was
re-zoned in the City and the structure was not demolished, it would be a non-conforming
structure with respect to Floor Area. This could be remedied by placing a PUD on the Lot which
would establish dimensional requirements for the property. Staff would recommend that a PUD
replace the existing SPAin this circumstance.
The Applicant has not indicated an interest in zoning the property to a multi-family zone district,
but this is another potential avenue the Applicant could pursue should the property remain in the
City.
Countv Zoning
Should the Petition be granted, the owner would be required to receive land use approvals from
the County. This would entail site plan review and zoning. While it is not certain exactly what
zoning would be granted in the County, it is likely the property would be re-zoned to AR-2
(Residential - 2 Acre) in accordance with the original subdivision approval and the zoning in the
rest of the subdivision. Exhibit A indicates the area of the subdivision and the current County
zoning for Lots I - 4 and Lot 6. If the parcel were zoned in accordance with the rest of the
subdivision, it is likely the lot would have the same dimensional requirements as the other single
family lots in the subdivision. Further, it is likely the property would be subject to the covenants
and restrictions in the Subdivision as well as all subdivision approvals. This would include
6,500 square feet of floor area above-grade plus 4,000 square feet of exempt sub-grade floor area
and 750 square feet of exempt garage area.
Lot 5 received a Growth Management Allotment from the County when it was originally
approved by the BOCC in the Stillwater Ranch Subdivision. Growth Management Allotments
do not expire in the County, so if the Lot reverts back to the County no Growth Management
review would be required. Part of the original subdivision approvals required that each lot
provide an on-site ADU as mitigation for the first four bedrooms built; if the home is built with
more than four bedrooms, further mitigation would be required.
FINANCIAL/BUDGET IMP ACTS:
Under its tax-exempt status as a non-profit company, the property has been exempt from paying
property tax since its annexation into the City. The petition for disconnection states that the
applicant believes the sale of its property for single-family residential development will provide
the highest monetary benefit, and it is presumed the parcel will revert to a single-family home
should the de-annexation be approved. If this parcel reverts to a single-family use, or any other
use not associated with a non-profit entity, it will lose its tax exempt status and will begin paying
property taxes. The City will lose this potential revenue if the petition is granted. City services
such as police, fire, utilities, and administrative services have been provided since the time of
annexation. These services will not be impacted negatively if the property remained in the City.
It is even likely that City services may be reduced with the development of a single-family use.
Page3 of 4
-"'-~----
RECOMMENDED ACTION: Staff recommends City Council not approve the Petition for
Disconnection. If the property remains in the City there is an opportunity for it to remain an
Academic use or turn to a single family use. Further, if the property was changed to a single-
family use and lost its tax exempt status property tax revenue would be generated for the City. If
the Petition for Disconnection is granted, the City loses this potential revenue.
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A - Map
Exhibit B - Academic and Conservation Zone District permitted uses
Exhibit C - Section 26.710.022, Zoning of lands containing more than one underlying zone
district
Page 4 of 4
ORDINANCE NO. ~8
(Series of 2(07)
~~
6 ~ \*lo~
,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING THE DISCONNECTION OF CERTAIN TERRITORY FROM THE CITY OF
ASPEN, COLORADO, KNOWN AND DESIGNATED AS THE "UTILE STAR
FOUNDATION RANCH DE-ANNEXATION."
WHEREAS, on March 7, 2007, the owner of the property proposed to be disconnected
from the City of Aspen did file with the City Clerk of the City of Aspen a "Petition for
Disconnection by Ordinance" pursuant to Section 31-12-501, C.R.S; and
WHEREAS, Section 31-12-501, C.R.S. sets forth the procedure required to disconnect a
tract of land within and adjacent to the boundary of a city.
WHEREAS, the City Council does hereby [md and determine that approval of the
Petition for Disconnection 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:
Section I.
That the tract of land described in the Petition for Disconnection,
commonly referred to as the "Little Star Foundation Ranch de-annexation", and as legally
described below, is hereby disconnected from the City of Aspen, Colorado, in accordance with
Section 31-12-501, C. R.S.
Lot 5, Stillwater Ranch Subdivision/PUD, according to the Final Plat thereof recorded
December 30, 1994, in Plat Book 35 at Page 86 of the real property records of Pitkin
County, Colorado.
The City Clerk of the City of Aspen is hereby directed as follows:
Section 2.
(a) To me one (1) certified copy of this ordinance in the Elffice of the City Clerk of
the City of Aspen.
.. ..,.';' lit . ..I. "-
, ?~. ." \ '~-~
... .. - ,''''
-- :'I~-"".~"
o
'"
cr
o
"-
o
z
ii
g
cr It)
~
a:
I
.
,!
,~ .
'.
.~,
,
Q
'::I
s::: It)
0 ~
,
.- II:
-
CO
><
Q) -t ~ ~
.
s:::
s:::
CO
Q)
C
.s::
0
s:::
CO
a:::
...
Q)
-
CO
~
-
-
.-
-
tn
.....
.
It)
~
a:
.,
,-
ld.
l1
~ 1
0
cr
UJ
'"
::5
~
;S
~ T
cr
U
,
"
.~
r .\l,~ a .
. ~~- "-6l' j
'';.f.- '.]."." ri
.' .~-~- -<,' ~ 0::.
:~ ~ ~","-" '" -7
... If
<Il
Q
::I
a..
II:
a: >..
a..
....
.. .
. . ~
~~ff~.l.,. .
11""<.. "'''~'''l'
~-"\IT'\.,," 'IC" ~':.."'-'.
~,~", ;.~' . '.
~'\ l<<i. ~ \ " 'f"l
..\.... " 1
. ...
\i.'~ ......
, ,
. " .
., ><j.
"
A' "C
F r::
..r CIl
#.....,; Cl
,,+-'" CIl
,,' ...J
"
h
"
...
- ".
.
~
~411
~
.
.~..' ...
o
~ .
~. .
.....' .
.< '
..,
...
-,
in".
~
. .
l{)
-
o
...J
c
o
'Cij
'S; >- ~
:c t C'O
.0 Q) 1::l
a. c
05 0 5
CD tt co
~ 0 <( m '0 .r=.
o..I_~~~~~E~
<{ 4: ~ a: a: t.i ci5 t5
IDI)DD~-j~D I
CI
t:
t:
o
N
>-
-
t:
::I
o l-
t> t>
t: n:
oX I-
:!:: en
Q. c
CI '"
t: tl
c: :s
~ is
t: ~ 0
CIl 0 0 ~ 0
:F~I-1t1t1[~[g1[
~ ~ 0 00 00 I ~ ~ ~
- 0 - <{ 0 <{ a: a: a:
~D~IIIIII
'"
1::l
'"
o
~
.
Exhibit B
Stillwater Ranch De-Annexation
26.710.230 Academic (A),
A. Purpose, The purpose of the Academic (Al zone district is to establish lands for education and
cultural activities with attendant research, housing and administrative facilities. All development in
the Academic zone district is to proceed according to a conceptual development plan and final
develop-ment plan approved pursuant to the provisions of Chapter 26.440, Specially Planned Areas.
B. Permitted uses. The following uses are permitted as of right in the Academic (A) zone district:
I. Private school or university, teaching hospital, research facility or testing laboratory, provided
that such facilities are enclosed and there are no adverse noise or environmental effects;
2. Auditorium and other facilities for performances and lectures;
3. Gallery;
4. Museum;
5. Library; and
6. Administrative offices.
C. Conditional uses, The following uses are permitted as conditional uses in the Academic CA) zone
district, subject to the standards and procedures established in Chapter 26.425.
I. Boardinghouse and dormitory for housing students and faculty of schools and other academic
institutions;
2. Student health care facility;
3. Student and faculty dining hall; and
D, Dimensional requirements, The dimensional requirements which shall apply to all permitted and
conditional uses in the Academic (A) zone district shall be set by the adoption of a conceptual
development plan and final development plan, pursuant to Chapter 26.440, specially planned area.
I
Exhibit B
Stillwater Ranch De-Annexation
26.710,220 Conservation (C),
A. Purpose. The purpose of the Conservation (C) zone district is to provide areas of low density de-
velopment to enhance public recreation, conserve natural resources, encourage the production of
crops and animals, and to contain urban development.
B. Permitted uses, The following uses are permitted as of right in the Conservation (C) zone district:
I. Detached residential dwelling;
2. Park, playfield, playground and golf course;
3. Riding stable;
4. Cemetery;
5. Crop production, orchards, nurseries, flower production and forest land;
6. Pasture and grazing land;
7. Dairy;
8. Fishery;
9. Animal production;
10. Husbandry services (not including commercial feed lots) and other farm and agricultural
uses;
II. Railroad right-of-way but not a railroad yard;
12. Home occupations;
13. Accessory buildings and uses; and
14. Accessory dwelling units meeting the provisions of Section 26.520.040; and
15. Temporary special events associated with ski areas including, but not limited to, such events
as ski races, bicycle races and concerts; with special event committee approval.
C. Conditional uses. The following uses are permitted as conditional uses in the Conservation (C)
district, subject to the standards and procedures established in Chapter 26.425.
I. Guest ranches;
2. Recreational uses including a riding academy, stable, club, country club and golf course;
3. Ski lift and other ski facilities;
4. Sewage disposal area;
5. Water treatment plant and storage reservoir; and
6. Electric substations and gas regulator stations (not including business or administration
offices).
D, Dimensional requirements, The following dimensional requirements shall apply to all permitted
and conditional uses in the Conservation (C) zone district.
I. Minimum lot size (acres): 10.
2. Minimum lot area per dwelling unit (acres): 10.
3. Minimum lot width (feet): 400.
4. Minimum front yard setback (feet): 100.
5. Minimum side yard setback (feet): 30.
6. Minimum rear yard setback (feet): 30.
7. Maximum height (feet): 25.
8. Minimum distance between principal and accessory buildings (feet): No requirement.
9. Percent of open space required for building site: No requirement.
10. External floor area ratio: (applies to conforming and nonconforming lots of record): same as
R-15 zone district.
2
t:xhiv,tu
th t each permitted and conditional use is compatible with surrounding land uses, is served
pub facilities, and is consistent with the environmental sensitivity of the Ci
equate
26.710.020 Zone di s established.
The City of As ereby divided in several zones, wn and designated as detailed in this Chapter,
to serve oses stated above and in each Section 0 . hapter describing the individual zone
dis .
x
26.710.022 Zoning oflands containing more than one underlying zone 'trict.
Whenever any parcel ofland shall contain more than one underlying zone district, the following rules
shall apply:
A. Proposed use not allowed in all zone districts. When a parcel ofland contains more than one un-
derlying zone district and the proposed use is not allowed in all of the respective zone districts, then:
I. The use can only be developed on land in which it is a permitted or a conditional use.
2. The external floor area and density which shall apply to the use shall be calculated based only
on the land area of the zone district in which the use is a permitted or conditional use. The off-
street parking requirements and other dimensional requirements which shall apply to the use
shall be those of the zone district in which the use is a permitted or conditional use, but shall
be calculated on the basis of the land area and development of the entire parcel.
B, Proposed use allowed in all zone districts. When a parcel ofland contains more than on:e underly-
ing zone district and the proposed use is allowed in all of the respective zone districts, then:
I. The use shall be developed by comparing each dimensional and parking requirement of the re-
spective zone districts and applying the more restrictive of each requirement. These require-
ments shall, however, be calculated based on the land area and development of the entire par-
cel.
2. The only exception shall be when the area of the parcel which is designated with the zone dis-
trict which permits the higher density constitutes more than seventy-five (75) percent of the
entire land area of the parcel. In this case, the use shall be developed using the dimensional
requirements and off-street parking requirements of the zone district permitting the higher
density, which shall be calculated on the basis of the land area and development of the entire
parcel.
r
Ltttle Star
The City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Re: Petition for Disconnection by Ordinance - Lot 5, Stillwater Ranch Subdivision, 1490
Ute Avenue, Aspen, Colorado
Dear Mayor K1anderud and Members of the City Council:
The Little Star Foundation has submitted a Petition for Disconnection of its above-
referenced real property. The Petition was submitted on or about March 6, 2007 by our attorneys
Neiley & Alder and our planners Davis Horn, Incorporated. Please accept this letter as
confinnation that Little Star Foundation wishes to proceed with the Petition for Disconnection and
that our attorneys and planners are authorized to act on behalf of the Little Star Foundation in
connection with the Petition.
Thank you for your consideration of this matter.
Very truly yours,
LITTLE STAR FOUNDATION
'" 'S;,,(w R~
Sister Andrea Jaeger
Little Star Foundation. 256 Rancho Milagro Way. Hesperus, Colorado 81326
800.543.6565 . www.littlestar.org.info@littlestar.org
PETITION FOR DISCONNECTION BY ORDINANCE
(De-Annexation of a 6.487-Acre Parcel)
Before the Aspen City Council
Applicant:
Representatives:
Little Star Foundation
formerly known as Silver Lining Foundation
and Kids Stuff Foundation, Inc.
256 Milagro Way
Hesperus, CO 81326
Richard Y. Neiley, Jr.
Neiley & Alder, Attorneys
201 North Mill Street, Suite 102
Aspen, CO 8161 I
(970) 925-9393
Property:
Glen Horn
Davis Horn, Incorporated
215 South Monarch Street
Aspen, CO 8161 I
(970) 925-6587
Lot 5,
Stillwater Ranch Subdivision,
1490 Ute Avenue
City of Aspen,
County of Pitkin,
State of Colorado
PETITION FOR DISCONNECTION BY ORDINANCE
(De-Annexation)
1. INTRODUCTION
Tne Applicant Little Star Foundation!, through its founder Sister Andrea Jaeger
and its Board of Directors, seeks an Ordinance of the City of Aspen disconnecting its property
located at 1490 Ute Avenue from the City of Aspen. The procedure for this request is set forth in
the "Disconnection by Ordinance" statute, C.R.S. S 31-12-501, and is sometimes referred to as
"de-annexation. "
In December of 1994, the Applicant received, as a charitable donation from
Fabienne Benedict, the real property that is the subject of this application. Mrs. Benedict
conveyed to the Applicant's predecessor Kids Stuff Foundation, Inc., by Bargain and Sale Deed,
the real property as a "charitable gift and donation" without limitation or condition. A copy of
the Bargain and Sale Deed is appended hereto. The Applicant was free to then sell the property,
develop it for charitable, non-profit purposes, or us it for any other purpose it deemed desirable.
The Applicant determined that the best use of the property gifted to it would be
the development of a facility for the care and treatment of children with cancer and their
families. After a lengthy planning process and extensive fund raising, the Applicant proceeded
through the City's annexation and rezoning process to establish its campus on the Stillwater
Ranch Subdivision property.
In 1997, the Applicant sought annexation into the City of Aspen for purposes of
developing a facility to pursue its charitable mission of providing health and related services to
children with cancer and their families. By Ordinance No. lC, Series of 1997, the Aspen City
Council approved the annexation. A copy of that Ordinance is appended hereto.
As part of the annexation process, the subj ect property was rezoned, in part to the
Academic Zone District and in part to the Conservation Zone District. The property was
designated as a specially planned area ("SPA"). The rezoning and SPA designation were
accomplished through a public hearing process resulting in approval of Ordinance No. 11, Series
of 1997, a copy of which is appended hereto.
Subsequent to rezoning and approval of the SPA plan, the Applicant constructed a
facility on the property which is comprised of approximately 18,000 square feet of improvements
1 The Applicant's Foundation was initially incorporated in Colorado under the name Kids Stuff Foundation, Inc. As
the work of the Foundation evolved, the name was changed to Silver Lining Foundation to better reflect the
Foundation's work. The Foundation is now known as Little Star Foundation. Sister Andrea Jaeger describes the
Little Star Foundation name as follows, "There have been thousands upon thousands of children and families we
have had the honor to know and provide with love and help. Cancer has claimed the lives of so many children.
Families are in a constant state of grief, sorrow and loss. Out ofrespect to those families, we felt that the Little Star
Foundation name would be a wonderful tribute to the daughters and sons, sisters and brothers, friends and family
members that lost their lives to cancer and are missed every day, knowing that we all can look for a little star in the
sky and imagine that it is a child's heart and spirit shining on all of us."
Page I of4
including residential, treatment, food service, recreational and other facilities. The Applicant
operated its non-profit facility for the benefit of children with cancer on the property until 2006.
During the approximate 7 years of operation, Applicant provided services to
thousands of children and their families. During that period of time, the Applicant has
established itself as the pre-eminent foundation for providing these unique services. The
Applicant, through the tireless efforts of its founder Sister Andrea Jaeger, has gained an
unparalleled national and international reputation for quality and cornpassionate care of children
with cancer and their families. However, over the course of its operations, Applicant has
realized that maintaining a facility at an altitude of approximately 8,000 feet above sea level, in a
city where the cost of services and employees is exceptionally high, and where the costs and
logistics of transportation are frequently challenging, was not the best and most efficient use of
the Foundation's resources.
Although the Applicant has concluded that continuing its operations in Aspen is
not the most economically efficient use of its resources and is not the best logistical location for
the children and families it serves, it remains dedicated to providing these services in the State of
Colorado, with all it has to offer.
In the spring of 2006, the Applicant relocated its facilities in southern Colorado,
southwest of Durango. The Applicant determined that the availability of recreational and related
activities at a lower elevation and lower costs of operation in the Durango area would enhance
the long-term sustainability of the Foundation's work. As a result, the Applicant has decided to
sell the property which is the subject of this application and utilize the funds generated from that
sale to support, continue and expand its charitable work.
The practical effect of "de-annexation" is that the subject property will revert to
the zoning applicable to the balance of the Stillwater Ranch Subdivision and will be subject to
the covenants of that Subdivision, the subdivision approvals and the jurisdiction of Pitkin
County. The property will revert to residential use and will be subject to the zoning and floor
area ratio restrictions generally applicable to the Stillwater Ranch Subdivision.
The Applicant has met with Pitkin County Planning staff and has engaged in a
work session with the Pitkin County Commissioners. A copy of Glen Horn's letter of November
14, 2006 to Cindy Houben of the Pitkin County Community Development Department
discussing the subdivision approvals for Stillwater Ranch Subdivision and the consequences of
de-annexation is appended hereto. The Applicant believes that Pitkin County will support this
application subject to a requirement that the Applicant proceed through a County zoning and site
plan review to insure that future development is consistent with the Stillwater Subdivision
development approvals.
The Applicant has contacted the Stillwater Ranch Homeowners Association and
has been advised that the Association supports this application. The subject property will be
reincorporated as a residential component of the Subdivision subject to the control of the
Association with respect to permitted uses and the extent and design of development.
Page 2 of 4
In summary, the Applicant has concluded that the campus it created for the care
and treatment of children with cancer is no longer viable in Aspen. Although the improvements
on the subject property are substantial, they are not suitable for residential use. The Applicant
anticipates that the improvements will be salvaged and recycled to the greatest extent possible
and that a new significantly smaller and less impactive residential use will be implemented on
the property. The Applicant, based upon advice of its advisors, has concluded that the highest
and best use for the property is for a single family residence of a size comparable to the other
residences in the Stillwater Ranch Subdivision. The sale of the property for that purpose will
generate funds to allow the Applicant to carryon its work with sick children and their families.
II. PROCEDURE
The Aspen Municipal Code contains no provisions related to disconnection or de-
annexation of properties. However, the Colorado statutes provide a mechanism whereby a
property owner can seek to have its property disconnected from the City. That statute reads as
follows:
31-12-501. Application - enactment - filing, When the owner
of a tract of land within and adjacent to the boundary of a city or
town desires to have said tract disconnected from such city or
town, such owner may apply to the governing body of such city or
town for the enactment of an ordinance disconnecting such tract of
land from such city or town. On receipt of such application, it is
the duty of such governing body to give due consideration to such
application, and, if such governing body is of the opinion that the
best interests of the city or town will not be prejudiced by the
disconnection of such tract, it shall enact an ordinance effecting
such disconnection. If such an ordinance is enacted, it shall be
immediately effective upon the required filing with the county
clerk and recorder to accomplish the disconnection, and two
certified copies thereof shall be filed by the clerk in the office of
the county clerk and recorder of the county in which said tract lies.
The county clerk and recorder shall file the second certified copy
with the division of local government in the department of local
affairs as provided by section 24-32-109, C.R.S.
The procedure to accomplish disconnection is simple and requires only the
adoption of an ordinance from the City Council following the required public hearing
disconnecting the subject property from the City of Aspen. As stated in the statute, a
disconnection ordinance shall be enacted if the City Council is of the opinion that the best
interests of the City of Aspen will not be prejudiced by the disconnection.
While the standard for disconnection obviously involves an element of discretion,
it is the Applicant's view that the reversion of the subject property to single-family residential
uses will not in any way prejudice the best interests of the City.
Page 3 of 4
III. CONCLUSION
The City initially approved the annexation, rezoning and SPA status in 1997
based upon a specific development proposal to create a facility to provide charitable services to
children with cancer and their families. Applicant's mission continues despite the fact that it has
determined that conducting its operations in a facility in Aspen is impractical. The result of
disconnection will be a reduction of impacts on the City and surrounding properties and,
specifically, a significant reduction in traffic volume on Ute Avenue.
A denial of this application would leave the Applicant in limbo regarding its
property. The Applicant is obligated as a non-profit, charitable foundation to seek the greatest
value it can for its property. This can best be achieved through disconnection and the subsequent
application of Pitkin County zoning and subdivision regulations. Applicant believes the sale of
its property for singe-family residential development offers the greatest opportunity to generate
funds that can be used to continue and expand the Foundation's charitable purposes.
Page 4 of 4
NEILEY & ALDER
ATTORNEYS
Please Reply To:
RICHARDY. NEILEY. JR.
EUGENEM.ALDER
JOHN F. NEILEY
6800 Highway 82. Suite 1, Upper Level
Glenwood Springs, Colorado 81601
(970) 928-9393
Fax (970) 928-9399
201 North Mill Street, Suite 102
Aspen, Colorado 81611
(970) 925-9393
Fax (970) 925-9396
May 8, 2007
HAND DELIVERY
Kathryn Koch, City Clerk
City of Aspen
\30 South Galena Street
Aspen, CO 81611
Re: Petition for Disconnection by Ordinance
Lot 5, Stillwater Ranch Subdivision
Dear Kathryn:
Enclosed herewith you will find two additional copies of the above-referenced
Petition, each of which attaches an original of the letter from Sister Andrea Jaeger requesting that
the Petition be granted. Also enclosed is a copy of our Notice of Public Hearing. Although I am
not certain that this is actually required in connection with the proposed Ordinance, I nonetheless
sent out the notice to all property owners within 300 feet and posted the property.
Thank you for your assistance with this matter.
Y & ALDER
i
i
i t{M-
~ichard Y. Neiley, Jr.
RYN/agk
Enclosures
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that LITTLE STAR FOUNDATION, the owner of real
property described as: Lot 5, Stillwater Ranch Subdivision, 1490 Ute Avenue, City of Aspen,
County of Pitkin, State of Colorado, has submitted to the Aspen City Council a Petition for
Disconnection by Ordinance (De-annexation of a 6.487 acre parcel). The Petition seeks the
adoption of an Ordinance disconnecting (de-annexing) the subject real property from the City of
Aspen. The Petition will be considered at a public hearing scheduled for Monday, May 14,
2007, at 5:00 p.m., before the Aspen City Council in the City Council Chambers at 130 South
Galena Street, Aspen, Colorado. The Petition may be reviewed at the City Clerk's Office, 130
South Galena Street, 2nd Floor, Aspen, Colorado 816 11.
By
Richard Y. Neiley, Jr., No. 9878
201 North Mill Street, Suite 102
Aspen, Colorado 81611
(970) 925-9393
Attorneys for Petitioner
SCHEDULE OF ATTACHMENTS
1. Bargain and Sale Deed from Fabienne Benedict to Kids Stuff Foundation, Inc., dated
December 30, 1994
2. City of Aspen Ordinance No. IC, Series of 1997
3. City of Aspen Ordinance No. I I, Series of 1997
4. Letter with attachments from Davis Horn, Inc. to Cindy Houben, Pitkin County
Community Development Director, dated November 14, 2006
5. Letter from attorneys for Stillwater Ranch Open Space Association dated January 16,
2007
".,~......-,.._,..,..,-
377685 B-770
SILVIA DAVIS
P-BZ6 12/30/94 04:15P PG 1 OF 2
PITKIN COUNTY CLERK & RECORDER
:BlUlG~IK 'IkJID 8~. n1l:ED
REC
10.00
DOC
0.00
:orow ALL IIBH BY TEBBB PRBBIPITB.
TJU.'l' FOR JlBD .lUI A CJlAIll:'l'ABLB al:rr JlBD DOIIA'l'l:OH, the
under.iqned paB%.... ....D%CT ("Donor") hereby donates, se11s and
conveys to KZDS' .Tur~ 70~T%O., X.c., . co1orado Dot-ror-prorLt
oorporation (ltDonee"), who.. address i.s P.o. Box 10970, Aspen,
colorado 816~2, the fo11owinq real property situate in the county
of Pitkin, state of colorado, to wit:
Lot 5, Sti1~water Ranch Subdivision/PUO, according to the
Final. Plat thereof recorded December 30, 1994 in P1at
Book 3.J- at pags ~ of the real. property records at'
Pitkin CDunty, colorado, toqether with a perpetual., non-
exc1.usive easement, right-of-way and joint user right
a1onq, withi.n and beneath the existing road easement
between the ute Avenue CU~-De-Sac and the out parcel, ~s
shown on said Final Pl.at (as said road easement was
created in the Deed reoorded in Book 188 at Page 82 of
the Pitkin County records), for purposes of aCcess.
ingr'8sS a.nd eqress to Lot:. 5 and the insta11ation of
underground utilities serving lot 5.
With 21.11. its appurt~nances. subject to the fo~1owin9:
(a) In the event that Donee uti1izes part of the existing
road easement between the ute Avenue CU1-De-Sac and the out Parce~
for purposes of aocess to Lot 5, Donee sha11 share equa11y with the
owner of the out Parcel. the costs and expenses of maintaining and
snow-p1owinq the portion of said access road actua11.y used. by
Donee.
(b) Lot 5 and the road and uti1ity easement are conveyed
hereby in an lias is" condition. subject to a11 patent or 1atent
conditions or prob1ems of any kind or nature. and further subject
to a~~ title matters of record or otherwise, speci~ica11Y ~nc1ud~nq
without 1imitation:
(i)
recorded
Book 380
Road easement and other ~atters described ~n Deed
in Book 188 at paqa 82 and in instrument recorded in
at Page 425.
(ii) A1.1 matters oontained on the First Amended Plat of
the stillwater Ranch Parce~s recorded in P1at Book 33 at page
34.
(ii1) DoCe Reso1ution No,.. .94-o:l$.:lrecorded in Book 7.':'0 at
page ?f:1..
(iv) A11 matters contained on the
Sti11~~ar Ranch SUbdivision/PUP recorded in
Page 6-.
F inal. P1a~ _ of
P1at Book M at
377685
e-770 P-BZ7
lZ/30/Q4 04:1SP PG ~
OF' ;::
(v) su~~ision Improvements Aqre_ent recorded in Bool<
7$ at paqe /.
(vi) Protective Covenants for stil~water Ranch
sul:>division/PUD recorded in Bool< 7-N at paqe 2M.
(vii) ,Fisherman's Easement Aqreement recorded in Book ~a
at paqe J!:ij.
(V~i~
page. ~ .
(ix)
and Donor
Grant of utility Easement racorded in Book ~ at
Water Service Agreement between the city of Aspen
rscorded in Bool<7~ at paqe7~'
(e) In aocordance with the provisions or Paragraph 3(0) of
the protective Covenants for stil1water Ranch subdivis~on/PUD, on
or before March 1, 1995, Donor is ob1igated to form a Homeowners'
Association to own, govern and .maintain the Open space parcel.
depicted on the Final Plat of stil.1.water :Ranch subdivision/PUP.
The members of the Association will. be the owners o~ the six (6)
Lots in stillwater Ranch subdivision, and the Associati.on wi~1 have
the power to levy and colleot genora1 and spec~a1 assessments on
such members ~or purposes or payinq the costs and expenses of
owning, improving, maintaining, caring for and operating the open
space parce1. BY its acceptance of this Bargain and sa1e Deed,
Donee sha~1 be deemed. to have consented to and a.pproved the
fo~~tion of said HomeownQrs' Association, to have consented to
1::>8i.09'" amEUnber thereof', and to have agreed to execute .any a.nd ~ll.
documents that may be required in connection with the :formation
thereof.
signed and delivered this 30th day of December, 1994.
~~e.-..,. ~~~d-
Fab enne Benedict
DONoa,
COUNTY or PITXXH
)
)
)
...
SorATE or COLOJUU)O
The foregoi.ng instrument was ..acknowl.edged before me. thi.s..~Oth._
day of December, 1994, by Fabienne Benedict.
_XTN1!lSS my hand and off~T-iM )V"al.
MY commissi.on expire&:3/~/~~ -
(SEAL)
.......
....f!
"
2
14474.
111111I1111I111111111111111111I111111111111111111111..1
....IS Dl/ZS/I..r 11.37A ORDINANCE
1 Df 3 R 1'.81 De." N e.eD PtT~lN COUHTT CLERK
ORDINANCE NO. Ie
(Series of 1997)
AN ORDINANCE OF THE CITY COUNCil_ OF TilE CITY OF ^SPEN, COLORADO,
APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN,
COLORADO. TO BE KNOWN AND DESIGNATED AS THE .STILLWATER RANCH
SUBDTVISION, LOT 5 PARCEL" ANNEXATION.
WHEREAS. on November 19, 1996, the owner of rh(; property proposed to be annex.ed
did tile with the City Clerk of the City of Aspen a Petition for AlInexation of territory to the City
of Aspen; and
WHEREAS, the petition, including accompanying copies of un annexation map, has been
reviewed by the City Attorney's Office and the City Engineer ~lIld found by them to contain the
information prescribed and set forth in 931-12-107, C.R.S.; ami
WHEREAS. the owners of one hundred perc~n[ (100%) of the area proposed to be
annexed, exclusive of streets and alleys. have consented in writing to the annexation; and
WHEREAS, the City Council, by resolution (Number 68, Series of 1996) at its regular
meeting on November 25, 1996, did find and delCrrnine said IJetitiun for Armexation to be in
substantial compliance with the provisions of ~31-12-107. C.R.S.; and
WHEREAS. the City Council. by resolution (Number 3, Series of 1997) at its regular
meeting on January 13, 1997, did find and determine. following a public bearing, said Petition
for Annexation to be in substantial compliance with ~~ 31-12-104 and 31-12-105, C.R.S.; and
WHEREAS, the City Council does hereby find and determine that approval of the
annexation of said territory to be in the City's best interest;
NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN. COLORADO:
111111I1111I1111111111111111111I111111111I1111111111..1
485ala .a/23/1887 II,aTA ORDINANCE
2 .f aRia... D ..ee N .,ee PITKIN COUNTY CLERK
Sectinn 1.
Thal lite tract of land dt"':!-.l:rihec.' ill lh~ P~tition for Annexation,
conunonly referred to as the "Stillwater Ranch Subdivision, Lot :; i)acc~I-. and as shown on the
annexation map, is hereby annexed to lhe City of Aspen. Colm'ado,
~tinn2.
The City Clerk of the City of Aspen is hereby directed as follows:
(a) To file one copy of the annexation map with the original of this aIUlex~tion
ordinance in the office of the City Clerk of the City of Aspen.
(b) To certify and file twO copies of this anm.:xatioll ordinance and of the 8nnention
map with the Clerk and Recorder of the County of Pitkin. State of Colonu.lo.
(c) To request the Clerk and Recorder of Pitkin County to file one certified copy of
this annexation ordinance and of the annexation map witb thr.: Divisit,lJl of Local Govermnent of
the Department of Local Affairs, State of Colorado.
s'ect;on 3.
The City Engineer of t!)C 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 4.
That if any section, subsection. sentence, clause, phrase or portion
of this ordinance is for any reason held invalid or um:onstioltlonal 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.
.t;ection 5.
That this ordinance shall not have any effect on existing litigation
and shall not operate as UD abatement of any action or proceeding now pending under or. by
virtue of the ordinances amended as herein provided. and the .same shall "be construed and
concluded under such prior ordinances.
2
I 111m 1111111111111111111111I11111111111I 11111111I1",
45'113 0I/Z3/188' 11;37A ORDINAHCE
3 Dr 3 R 11.80 D '.e. N .,.. PITKIN COUNTY CLERK
A public hearing on the ordinance shall he held on tlle!d:. day of ~ ,1997,
in the City Council Chambers. Aspen City Hl.1U, Aspt:l1, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the E24I- day of ;i?t.d/t.(j:~ , 1997.
~ l?__ -.~
John S. Dennett, Mayor
ATTEST:
~_./~~
Kathryn S. , City Clerk
FINALLY adopted, p~tp.Ia1f ~PI)lQ:'~J 1~'~S. /~ day of
~ "'[11'" . I..
. .//41., " . ~\ 1997. . . ~
.. ,'. I .J r i.' I
,...... \, . ; I l...Ie .
i -,'; '. ;:, , ., ~.2 .A-'
. . i .h', ":) " /7.-&-----""""--'0
..,J ll.~./a '-;-0--
John S. enneU. Mayor
ATTEST;
tf;:;~~
",tiIlW.lllf.ord
1
1 1IIIIIIInl 111111 11111111111I111 11I11111I1111111111111
_14 ./23/111"I 11,41A ORllINANCE
1 .f 11 II !II.. D 1.11II N 1.111 PI1lCIN COUNTY ClSlJ(
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO
APPROVE THE CONCEPTUAL/FINAL SPECIALLY PLMlNED AJU:.4. (SPA.)
DEVELOPMENT pLAN AND TO REZONE LOT 5 OF THE STILLWATERRANCll TO THE
ACADEMIC (.4.) AND CONSERVATION (C) ZONE DISTRICTS, AND TO GRANT A GMQS
EXEMPTION FOR A NON-PROFIT ENTITY QUALIFYING AS
AN ESSENTIAL PUBLIC FACILITY
ORDINANCE No. JL, SERIES OF 1997
WHEREAS, the owner of Lot 5 ofthe Stillwater Runch Subdivision, Kids Stuff Foundation.
(hereafter "'Applicant') submitted an application (hereafter "Plnn") to the Community Development
Department to rezone to the Academic and Conservation zon" districts and to designate tbe property as a
Specially Planned Area (SPA); and
WHEJU:AS. the Applicant has also requ.csted approval of n GMQS Exem,ption to recognize the
Foundation as a nonprofit enttty qu.alifying as an essential public facility pursuant to Section
26.1 00.050(CX2)(aX(3)) of the Aspen Municipal Code; and
WHEREAS, Lot S of the Stillwater Subdivision contains approximately 6.457 acres located in
Pitkin County, immediately adjacent to the City of Aspen, in the AFR.2 zone district; and
WHEREAS. the City Council. by Resolution No. 68. Series of 1996 and Resolution" No. 3, Series
of 1997, at its regular meetings on November 19. 1996 nnd January IJ, 1997, respectively, did find the
subject parcel to be eligiblo for annexation. meeting the provisions of the Municipal Annexation Act of
1965; and
WHEREAS, the Planning and Zoning Commis-sion reviewed the Plan ~n accordance with those
procedures set forth at Sections 26.92.020 and 26.80.030(A) and (B) onhe Aspen Municipal Code and did
cOI,lCJuct p~blic hearings thereon on Man;:h 4,1997 and March ll. 1991; and
. .~REAS. upon review and consideration of the Plan. agency and public comment thereon. and
....(
those applicable stand;ards as contained in Chapter 26 of the Aspen Municipal Code, to wit, Section
26.92.020 (Text and Mop Amendments) and Section 26.80.040(6) (Development in a Specially Planned
----..---..
111111I1111I111111111111111 11I11111I1111111111111111111
4B5I14 "/2~/1887 11.48A ORDINANCE
2 ., U R 58.eB De.. N B,IIll!l PITKIN C1lUNT'l' CLERK
Area), the Planning and Zoning Commission recommended approval of the Final SPA Development Plan
and the proposed map amendment by a vote of 5-0; and
WHEREAS, pursuant to Resolution 97.04, the Planntng. and Zoning Cummission further granted
Spceial Review approval for parking and Conditional Use Review approval for dormitory housing, a health
care facility and a dining hall in the Academic zone district. and a. swimming pool in the Conservation Zone
district; and
WHEREAS, pursuant to Resolution 97-04, tile Planning and 7..oning Commission further granted
8040 Greenline Review and Stream Margin Review approvals; and
WHEREAS, the Aspen City Council has reviewed and considered the.: Plan under the applicable
provisions of the Municipal Code as identified herein, has reviewed and considered those recommendations
and approvals as granted by the Planning and Zoning Commission in RC$()lution 97-04. and has taken and
considered' public comment at a pub! ic hearing; and
WlIEREAS, the City Council finds that the Kids Stuff Foundation is a unique institution which
en.hances our community. and tbat designating the property as a Specially Planned Ares.benefits the city's
residents and visitoTS by allowing flexibility to accommodate the variety of proposed uses~ and
WBEREAS~ the City Council f"mds that the proposed uses at the upper bench (described 85 '~The
West Part of Lot 5" in Exhibit UAH) of Lot 5 of the Stillwater Ranch Subdivision are consistent with the
purpose of the Academic zone district "'tO establish lands for education 8Jld culrural activities with attendant
research. housing and administrative facilities"; and
WHEREAS, the City Council finds that the proposed uses at the lower bench (doscribed as "The
East Part of Lot 5" in Exhibit '"A") of Lot 5 of the Stillwater Ranch Subdivision arc consistent with the
pU1'pOse of the C.onservation zone district "to provide areas aflow density development to enhance public
recreation. conserve natural reSOUrces. encourage the production of crops and animals. and to contain urban
developmentU; and
2
Ul~~41!I,U~QJ!1'111'!IJ"ll!W11111111II1111
3 0' 11 II 1I1,IJII D.... N '.IJII PXTl(XN C~Y CLEJlI(
WHEREAS, the City Council finds that propnsed housing Wlits will be doed-rcs1ricted in
accordance with the housing guidelines. are compatible with surrounding uses and will have a mini~al
impact on the land; and
WllEREAS. the City Council finds that the proposed use qualifies for a OMQS Exemption as a
nonprofit entity pursuant to Section 26.100.0S0(CX2)(aX(J)) of the Municipal Code; and
WHEREAS.. the City Counf;il finds that the Plan is consistent with the goals and elements of the
Aspen Area Community Plan and with the public welfare Bnd the purposes and intent ofChaptcr 26 of the
Municipal Gode.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
ReMinn 1- Purs1JaJ1t to Section 26.92.020 (Standards of Review) afthe Aspen Municipal Code. the City
Council finds as follows in regard to the proposed .:nap amendments:
I. The proposed amendments are not in ~onflict with the: provisions of Chapter 26 of the Municipal
Code or the Aspen Area Community Plan.
2. The proposed amendments are compatible with surrounding zone districts and land uses. and will
have a minimal impact on the natural environment.
3. The proposed amendments will promote the public interest and character of the City of Aspen.
R~tion 2: Pursuant to Section 26.92 of the Aspen Municipal Code, the City of Aspen Zone District Map is
hereby amended to rezone the upper bench of Lot S of the Stillwater Ranch Subdivision. described i.n
Exhibit "A" as "The West Part of Let 5." to the Academic zone district with a Specially Planned Area
(SPA) Overlay. and the lower bench ofLat S of the Stillwater Ranch Subdivision. described in Exhibit uA n
as "The East Part of Lot S," to the Conservation zone district with a Specially Planned Area (SPA) Overlay.
The legal description is attached as E>iliibit "A,"
3
111111I1111I11111111111111111I11111I11111I 1111I11111.11
4_i4 ./23".7 n.4111 OlIDX_CE
4 .f n II 1II.. D I,M N lI,ee PITICIN COUHT1' CUIIIC
Sed.on 3; Pursuant to Section 26. t OO:oSO(C)C2Xa)((3)) of the Aspen Municipal Code. the Kids. Stuff
Foundation.is hereby granted a CMQS Exemption nsa nonproHt en.tity qualifying as an essential public
facility.
~~riDn 4: pursuant to the findings set forth in Section \ above. the City C(luncil's ,approval of the Plan is
subject to City Council approval of the Petition for Annexation by dllly enacted Ordinance annexing the
subject property to the City of Aspen, and is subject to the following cOI,ditiol\S:
1. The applicant and the City Council shall enter into an SPA agreement binding the real property
to any conditions placed on the development order appToving the final development plan.
2. The final development plan. which shall consist of the site plan of the entirc site; site
improvement survey of the area being developed. including building footprints. utilities.
easements. and landscaping; building elevations; and the Specially Planned Area (SPA)
agreement, shall be recorded in the office of the Pitkin County Clerk and Recorder. and shall be
binding upon thc property owners subject to the development order. their successors and assigns,
and shall constitute the development regulations tor the property. Development of the property
shall be limited to the USeS, density. configuration. and all other elements and conditions set forth
on the final dovelopment phlO and SPA agroement. Failure on the puTt of the applicant to rocord
the final development plan and SPA agreement within a period of one hundred and eighty (180)
days following its approval by City Council shall render the plan invalid. Reconsideration of the
final development plan and SPA agreemcnt by the Commission alld City Council will be
required before its acceptance and recording.
3. The final development plan shall be recorded prior to submission of Dn)' building permits for the
proposed housing units.
4. All conditions imposed by the Planning and Zoning Commission's March II. 1997 Conditional
Use. SpeciaL Review, 8040 Grecoline. and Stream Margin Review approvals, as outlined in
Resolution 97~04. shall carry forward as conditions of the City Council approvals granted
pursuant to this Ordinance.
5. No construction or building permits shall be issued until the parcel has becn finally annexed into
the City of Aspen.
6. All material representations made by the applicant in the application 811d during public hearings
shall be adhered to and considered conditions of approval. unless otherwise amended.
Sell"tinn ~: This Ordinan<::e 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.
4
111111I1111I11111111111111111I11111111111I11111111I1111
4esl14 .1/23/1117 11.41A ORDINANCE
5 0' 11 R 51... D 0,80 N ..08 PITKIN COUNTY CLERK
~ction 6: If any sedioll, subsccd'lIl, sCI11enc~, clause, phrntie, 01- portion oj"thLs Ordinance is for any
reason held invalid or Ul1col1slihllional in olI COl1rt of"compL~hmtjurisdictiol\. such portion shall be dccrn~ a
soparate, distinct and independenl pmvisioll 8Ju.l Sllllll not ntlect the validity afthe remaining portions
thereof.
~~tlnn 7: A public hcuring on the Ordim.mct' wn:i held 011 the 141h day of April, 1997, at 5:00 p.m. in the
City Council Chambt.:fs, A~pcn Cily Hull, A:-;pen CtlJorudll, fifteen (] 5) day:-; prior to which hearing a public
notice of the same wus published ill a newspaper of gl;n~rul circ~llltion within the City of Aspen.
Section 8: This OrdiJlunce shall m)t become cnectiyc unle!is and until the City Council approves the
Petition for Annexation by duly cnacled Ordimmce annex.ing the subject property to the City of Aspen.
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
rL,- \. SJ-
City Attorney .
Community Development Director
INTRODUCE I). READ AND ORDERED PUDLlSHED ns provided by law, by the City
'-
CounciloftheCityofAspcnol1lh~2..y. day of /lL.;l\.I!"tf .1997.
iLl...- 1'3..--~~
~t~ayor
.i
FINALLY "dopted. pOlssed nnd approved .his /1.. day o~ 1997.
~ {7......--""'~'
John Bel ell, Mayor
.~i
ltJi,'..ililJ.","
~;!f' ,.,.
.....:../
~.'~' ~-~.
{'
,
"i.
~. .
. '. Kallu;)'n S. K
~..,'t,.
5
3~..t4-1997 4:0IPt.t
FROI.1 PAPER CHASE:/PA(ES 97QO;:l638700
ioRVltolA~CEiw...II. \lI9-ff
't ExltUJITJA;'
111111I1111I111111111111111 mill IImlllll 1111111111111
_14 H/D/He? 11141A OIIDI_
I of II R R." D ..1111 N II," "ITKIN COUIlTY CLIlIK
Alpine Surveys, Inc~
Post Office Box 1730
~pen. Co~~o 81612
970 925 2008
MARCH 14. 1997
JOB NO, 97-1 KIDS STUFF FOUNDATION
LEGAL DESCRXPTZONS FOR RE-ZONING OF
LOT 5. STILLWATER RANCH/p.U.D,
DESCRIPTION OF THE WEST PART OF LOT 5
THE WEST PART OF LOT 5, STILLWATER RANCH SUBDIVISIONI
p.U,D., PITKIN COUNTY. COLORADO MORE PARTICULARLY
DESCRIBED AS FOLLOWS.
BEGINNING:,AT THE .WEST:CORNER.Ol" SAID LOT 5.
THENCE SOUTH 84"01'42" EAST 199.73 FEET;
THENCE NORTH 09024'26" EAST 417.59 FEET;
THENCE SOUTH 89"13'19" EAST 28.00 FEET;
THENCE SOUTH 51015'00" EAST 65.00 FEET,
THllNCE SOUTH 36"30'00" EAST 132.26 !'EET,
THENCE SOUTH 327.32 FEET.
THENCE NORTH 77015'00" WEST 90.00 FEET.
THENCE SOUTH 18047'00" WEST 246.66 FEET'
'I'HENCE: NORTH 30"14'46" WEST 192.41 l"EET,
THENCE 153.02 FEET ALONG 'I'ME ARC OF A NON-TANGENT CURVE
TO. THE LEFT HA~NG A 'RADIUS OF 60.00 FEET AND
WHOSE CHORe BEARS NORTH 48"03'50" WES'I' 114.80
VEST.
THENCE NORTH 55"45'00" WEST 45.46 FEET,
'I'HENCE NORTH 52"22'39" WEST 46.93 FEET TO THE POINT
OF BEGINNING,
CON'l.'AXNING 2.562 ACRES. MORE OR LESS,
DESCRZPTION OF THE EAST PART OF LOT 5
THE EAST PART OF LOT 5, STILLWATER RANCH SUBDIVISION I
P.U.D., PITKXN COUNTY. COLORADO MORE PARTICULARLY
DESCRIaED AS FOLLOWS,
BEGXNNING AT THE NORTHEAST CORNER O!' SAID LOT 5.
THENCE SOUTH 00.09'36" WEST 168.aS FEET,
THENCE SOUTH 32.27'~7" EAST 73.71 FEET,
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
GRANTING APPROVAL FOR CONDITIONAL USES IN THE ACADEMIC (A) AND
CONSERVATION (C) ZONE DISTRICI"S, SPECIAL REVIEWOF PARKING REQtllREMENTS,
8040 GREENLINE REVIEW., AND STREAM MARGIN REVIEW FOR TIlE KIDS STUFF
FOUNDATION DEVELOPMENT LOCATED ON LOT 5 OF THE STILLWATER RANCH
SUBDIVISION, AND RECOMMENDING APPROVAL OF REZONING AND
CONCEI'TtJALlFINAL SPECIALLY PLANNED AREA (SPA) DEVELOPMVIT PLAN FOR THE
KIDS STUFF FOUNDATION DEVELOPMENT LOCATED ON LOT 5 OF THE STILLWATER
RANCH SUBDIVISION,
CITY OF ASPEN
Resolution 97~
WHEREAS, The Community Development Department received an application from The Kids
Stuff foundation. for conditional Use Review for dormitory housing, a health care facility and a. dining
ball in th.e Academic zone district and for a swimming pool in the Conservation zone distriCt~ Special
Review for parkins requirements in the Academic zone district; 8040 Grcenlinc Roview; Stream Margin
Review; Rezoning; and, ConccproaVFinal Specially Planned Area (SPA) Review; and
WHEREAS, Pursuant to Section 26.60.040 of the Aspen Municlpal Code. Conditional Uses: may
be approved by the Planning and Zoning Commission; pursuant to Section 26.64.040 of the Aspen
Municipa.l Code. parki"g requirements in the Academic:. zone district may be approved by the Planning and
Zoning Commission through Special Review; pursuant to Section 26.68.030 of the Aspen Municipal
Code, 8040 Grecoline Reviews may be approved by the Planning and Zooins, Commission. and pursuant
to Section 26.68.040 of the Aspen Municipal Code, Stream Margin Reviews may be approved by the
Plannmg and Zoning CommlS51on; and
WHEREAS. Pursuant to Section 26.92.020 of the Aspen Municipal Code. the Planning and
Zoning Commission shall make a rec:ommendation to the City Council reaardina: requests to amend the
omclal Zone District Map: and pursuant to Section 26.80.030 oflbe Aspen Municipal Code. the Planning
and Zoning Commission shall make a n:commendation to the City Council regarding ConcepmallFinal
Specially Planned Area (SPA) Development Plan proposals; and
WHEREAS. the Housing Office. City Engineering. Parks Department. Aspen Consolidated
Sanitation District. Environmental Health Department and Community Development. Department reviewed
the proposals and recommended approval of each with conditions; and
WHEREAS. the above referenced application "'os legally noticed for a public hearing; and
WHEREAS. during the pubi1c hearing at a continued meetin& on March 11.1997. the Planning
and Zoning Commission approved by a 5..0 vote the Conditional Uses with conditions, the Special Review
with conditions. the 8040 Greeoline Review with conditions, and the Stream Mara;in Review with
conditions; and.
WHEREAs., during a public hearing at a continued meeting on March 11,1997, the Planning and
Zoning Commission recommended approval by a '.0 vote of the request to amend the Official Zone
District Map Bnd the ConccpwBVFinal Specially Planned Area (SPA) Development Plan proposal.
NOW, THEREFORE BE IT RESOLVED by the .commission:
11111111111I111111111111111101111111111111111I11111111
411.14 11/11/1117 U,4IlA _lNAllClE
7 .t II II al.1e D '.Ie " .... ~lTKl" COUNTY CLERK
A. Conditional Use:
That the Conditional Use for dormitory hou&ing~ a health care facility and a dining hall In the Academic
(A) zone district. and a swimming pool tn Ihc Conservation (C) zone district at Kids Stuff Foundation on
Lot S of tho Stillwater Ranch Subdivision is approved with the fonowing conditions:
1. Prior to the issuance cfony building permits the applicant shal1:
a) InstaJlllny new surface utilities requiring a pedcstal or other abovo ground equipment on
an casement provided by the property owner and dot within tho public riahts--of-way;
b) Locate any additional proposed construction in swch a way that it does not encroach into
an existin& utility"eucment or public right-of-way;
c) Agree to join any future improvement district(s) which may be fonned for the purpose of
constructing improvemcllts in adjaccot public rights-of-way: tho agreement shall be executed
lUld recorded concurrenlly upon approval of this application;
d) Submit a "Site Improvement Survey" to the Engineering Department;
e) Indicate all utility meter locations and trash containment areas on final development
plans;
t) Ensure that the project meets all runoff design standards of Section 26.88.040(CX4)(f)
with the bol1ding permit'application. and provide a drainage report and mitigation plan signed
and stamped by an engineer registered in the State of Colorado;
g) Subm.it a permanent c:rosion control plan and a temporary sediment control plan and
containment plan for the construction phase: and
b) Needles and other contaminated items will need to be handled as medical waste and the
operator will need to contract with il medical waste pick up hauler to properly dispose of these
items.
2. Prior to the issuance of a Certificate ofOcc;upancy (CO), the applicant shall:
a) Submit as-built drawings of the project showinS property lines. building -footprint.
casements, any cncroDchments, entry points for utilities entering tho propeny boundaric.s and
any other improvements 10 the AspenIPitkin County Data Processing Department in accordance
with City GIS requirements, If and when. any exterior renovation or remodeling of the property
. occurs that requires a building penn it:
b) Permit Community Development Department and Housing Office staff to inspect the
property to determine compliance with the condit~ons of approval;
c) Be required to sign a sidewalk, curb and gutter aa.reement with the City~
d) Increase the width of the access easement through the property to twenty (20) feet in
order to meet emergency BCCCSS width requirements. and emer&ency access to the new buUding
must be twentY (20) feet wide. That is, the driving surface must be twenty (20) feet wide and
must be cleared of snow for the full width. A ded.icated CU'e engine turn around that will remain
free of parked cars. meeting Fire Marshal requirements, must be provided;
e) Pave the driveway; and.
f) The Environmental Health Department shall approve both plans and. .specifications of all
food service r.cilitles. A minimum of moo (2) weeks shall ,be necessary for the- Department to
review and approve plans. Also. tinal appro'VBl from the Environmental Health Department is
required before opening for business. and prior to issuance of a Colorado Food Service Licensc.
11111111111111111111111111111I11111111111I1111111111111
4...14 ./:tall"" ll, 411ll GlIDllAlCl!
. 0' II R 58.ee D e.11 N e,ee PITKIN COUNTY CLERK
3. A.lso p,.ior to issuance of an>. building permits. the applicant shan consult with City departments
reptding the follo~ng:
a) City EnsineeTing for design of improvements, including landscaping. within public
rights-of-way; .
b) Parks Department fot tree removal, land.sc::aplng, and selection,ofvcgeuative species. as
well as provisions for trail easements and fencing design:
c) City Streets Depamnent (or street improvements. and shaH obtain pcnnits for any work
or devclopmen[. including landscaping, within public. rights-of-way; and.
d) Aspen Consolidated Sanitation District and me Department of Environmental Health for
drainagc provisions fo,. the SWimming pool, grease and oil interceptor provisions for the
kitchen. oil and sand interceptor provisions for the garage, and blood borne .and hazardous
waste dispos.al provisions for thc medical suite.
4. Prior to the issuance o( any building permits, a review of arty proposed minor changes from the
approvals, as set forlb berem. shall be made by the Planning and Engineering Departments, or
referrcd back to the Planning and Zoning Commission. .
S. One (1) year after the rommencem~nt of operlllion. an employment audit shall be conducted by
the Houstns Department. The permanent staff units sha1~ be deed restricted with priority for we
of thesc units to personnel of the Foundation. and categorized as to those employees residing in
the units (Category I, 2, or 3; but Category 4_ for me two-bedroom, lower-level unit).
6. Deliveries to the facility for all services (i.e.. food, medical supplies, etc.) shall be limited to thc
hours between 6:00 a.m. and 7:00 p.m.. and consolidation of deliveries will DO implemented to the
maximum extent practicable.
7. All material representations. made by the applicant in this application and during public meetings
with the Planning and ZoPing Commission shall be adbered to and shall be considerecl conditions
of approval. unless otherwise amended by a Board/Commission having authority to do so.
B. Special Review:
That the Special Review for off-street parking requiremenls in thc Academic (A) zone district at Kids Stuff
Foundation on Lot S of me SIi1lwater Ranch Subdivision requiring three (3) aaraged parking spaces for
vans and te.n outdoor parking spaces meelS the standards of Section 26.64.040(B) oftha Aspen Municipal
Code and is approved with thc fonowing conditions:
l. One (1) year after commcncement ofth~ facility's operation, a parking audit/study be conducted
by the applicant and submitted to the Community Development Department for l'Cview. l("the
findings indicate thai the provided parkinS is not adequate. mitigation will need to be proposed by
the applicant and approved by the Commission pursuant to Special Review in accordance with
Section 26.64.040(8) of the Municipal Code.
2. All material representations made by the applicant in this application and during public meetings
with the Planning and Zoning Commission shall be llclhered to and shall be considered conditions
of approval, unless otherwise amended by a Board/Commission having authority to do so.
c. &040 Greenlin Review:
That the 8040 Greenline Review for the Kids Stuff Foundation development proposal on Lot. S of the
Stillwat~r Ranch Subdivision meets the standards of Section 26.6S.030 of the Aspen Municipal Code and Is
approved with the following conditions:
111111111111111111111111111 11I11111111111I1111111111111
_I. lllI/D/IW7 11._ _sNllNCII
. .f 11 II e." D II." N e.lllI PSTKSN COUlT'f CLJ!ItI(
I. Regarding the horse facUities;
a) Careful housekeeping and cleanup of all areas lihall occur on a rl:lgular. daily bMis;
b) Runoff through this area shall be controlLed by f;reating diversion swales to keep runotrfTom
the stable area trom travelina off the property or lnta nearby rivers;
c) One (1) year after commencement of che f'aci1ity', operation,. a horse popl1lation and water
quality auditlsmdy shan be conducted by the applh:ant and submitted to the Community
Development Department for review. If the finding$ indicate that the waler quality is below
acceptable levels. a fifty (SO) fooc buffer (rom areas that could be easily contaminated. such
iU the' river. IO()..year flood plain and wetlands. will be implemented lIrtd maintained to
protect riparian vegetation, alluvial soils and groundwater and surface water,
d) An evaluation shall be done to determine the "carrying capacity" of the area for horses Q
compared to land area available;
e) If concerns arise, the AspenIPitldn Environmental Health Department reserves the right to
require water quality samplin&,at the owner's expense;
2. Prior to issuance of any building permits or use of the facility, the applicant shall provide prooftQ
the AspcnIPitkin Environmental Health Depanmcnt that proposed mitigation meiUUTCS arc
sufficie"1 to offset increases in PM 10 and traffi.c caused by the project;
3. At least thirty (30) days prior to issuance ora building permit. the plans and specifications
complete with piping layout, equipment and mechanical spec-ifications along with design
calculations, shall be submined for review and appl'"oval by tho AspenIPitkin Environmental
Heaith Department;
4. All material repnsentations made by the applicant in this application and durina public mcet1ni-s
with the Plannins and Zoning Commission shaJl be adhcl'"ed to and shall be cODsidCl'"Cd conditions
of approval. unless otherwise amended by B Board/Commission having audJority to do so.
D. Stream Margin Review:
That I:hc Stream Margin Review for \he Kids Stuff Foundation d.evelopment proposal on Lac 5 afthe
Stil1waler R.anch Subdivision mcetsthe standards ofScction 26.68.040 ofebe Aspen Municipal Code and is
appl'"ovccl with the following conditions:
1. The appHcanl shaU work with che Parks Departmcnt to design a fence around tho stable with rail
logs that arc capable of being dismantled to allow debris associated with flood waters to pass
through the propeny;
2. The proposed location of the swimming pool Wld horse stable be moved to at least fifteen (IS)
from the edge of the top of slope, as determined by the Aspen Engineering Department. All
portions of all structures/constrUction must fall within the approved buUding envelope;
3. If any outdoor lighting is proposed, said Hghdn, shall be low and downcast with no li.ght(s)
dirtCled toward the riveI'" or located down the slope. Any and all outdoor lighting !liIl feature
down~direc:tional and sharp cut-off fixtures~
4. A plat documenting the approved building envelope as relaced to sut\'cycd infonnation shall be
submitted to and approved by the Aspen En&ineerin& DepartmePl. This plat shall include revised
site sections meeting the standard set forth by Section 26.68.040(B)( I 0), and shall be recorded,
within 180 days of stream margin review approval;
111111I1111111111111111111111I1.11I1111111111111111111
4_14 M/23/1887 11._ 01101_
18 ., 11 II 9.88 D.... N 1,88 "ITKIN COUNTY CLEIl
111111I1111111111111111111111I11111I1111111111111111111
_14 ../23/1..7 11,_ CIllOI_
n .f II II 11II,1111 D 11,11II " II." ~ITlCI" COUlITY Cl.EII
S. An materia.l representations made by (he applicant in this application Dnd during public mectinp
with the Planning and Zoning Commission shall be adhered to and shall be consJdered. conditions
of approval. unless otherwise amended by a Board/Commission hBvina authority to do so.
E. Rczonina.:
That a recommendation to approve the rezoning as requested by the applicant., provided lhc annexation
request Is approved. is forwarded to the City Council. That is. thG Commission recommends to Councll
that the subject parcel be :mned Academic (A) on the upper bench. Conservation eC) on the lower bench.
and SpecWly Planned Area (SPA) overlaying. the entire parcel subject to both the climensional
requirements adopted by Council through the approval ofa Specially Planned Area and the parking
requirements adopted by the Commission through the approval, with two (2) conditions, of the Special
Review request.
F. Specially Planned Area:
That the Commission recommends that Council designate Lot 5 of the Stillwater Ranch as a Specially
Planned Area (SPA) and allow for the consol.idadon of conceptual and final SPA review. The Commission
further recommends that Council accept the following dimensional requirements for the Academic (A)
zone district portion of the SPA:
l. Minimum Lot Size: 6 acres
2. MiDimum Lot Area Per Dwelling Unit: 1.5 acre per unit
3. Minimum Lot Width: 200 C"t
4. Minimum Front Yard: 30 fcct
S, Minimum Side Yard: 20 feet
6. Minimum R.car Yard: 20 feet
7. Maximum Height: 28' to the mld.polnt of the roof, as measured em all sides of the building,
except for the east elevation. which spall notcxceed 32,S' to the mid..polnt.
B, Minimum Distance Between Principal and Acc~sory Buildings: No requirement. except that
required by building ",ode.
9. Percent of Open Space Required for Building Site: 30 percent
10. ExtemaJ Floor Arca Ratio: Floor area shall notcxceed 14,000 square feet
II. Internal Floor Area Ratto: No requirement.
In addition. the Commission TCCommends th~at Council finds that the proposed SPA meets all appliuble
standards ("'8) of Section 26.80.040(B) ..'Ind. ould bc approved with tlte conctition that an SPA plat
shall be apP.TOvcd by the Engineer~g ~~e. . orded within 180 days final SPA approval.
./ .~_ ..f......) '. to.....
O 0 I'D..' . r'.' 7/ ....;, ~
. cnera nOV1110nS: _":"''''._ ....... "" 1~..'~)
. '.~ ... "'....... .......>-.,
That this Resolution shall not be~~Jf{' ~~tiv~I~~ until' the City Council approves the
Petition for Annexadon by duly ena4e~(~cwd.ttU\8 tbe subject property to the City of
Aspen. . . ,l r., (... ~:' .J
... ~ .....r-
Ail material representations made by the ap~ln:i:ri\.~is application nnd during public meetings
with thc Planning and Zoning Commission shall ~9'"ed to and. shall be consichlred conditions
ofappeo",al. unless otherwise amended by 8 Board/Commission having authority to do so.
I.
2.
APPROVED by th~ C1ommission nt its condnued meeting on March 11,1997.
Planning and Zoning Commission:
~i~atc~
7Jlatd /7", /fy:;r
I
~
DavisHom~c;.
PLANNING & REAL ESTATE CONSULTING
November 14,2006
Cindy Houben
Pitkin County Community Development Director
130 South Galena Street
Aspen, CO. 8161 I
RE: Silver Lining Ranch, Stillwater Ranch Lot 5
Dear Cindy:
The Kids First Foundation has moved the Silver Lining Ranch to southwest Colorado and is
selling the Aspen property where the Ranch has been operating since it was built in 1999. The
Silver Lining Ranch is a facility which assists children with cancer. The Foundation found that
cancer patients who visited the Aspen facility had difficulty adjusting to the altitude in Aspen. It
is also far more affordable to operate the Ranch in southwest Colorado.
Davis Horn Inc has been hired to research the existing development approvals for the property,
Stillwater Ranch Lot 5, for potential future owners. Of particular interest is the possibility of
"disconnecting" the property from the City of Aspen and again becoming a part of
unincorporated Pitkin County under the existing Stillwater Ranch approvals which applied to the
property prior to annexation into the City of Aspen in 1997. We therefore are providing you this
summary of land use actions and approvals related to the property in hopes of returning to these
original Pitkin County approvals.
Stillwater Ranch Subdivision is a Pitkin County subdivision which contains six lots plus an open
space parcel. The Subdivision was approved by the Board of County Commissioners pursuant to
Resolution 94-223 on December 20, 1994 and is recorded at Book 770, Page 783 of the County
records. The Final Plat for the Subdivision is recorded at Plat Book 35, Page 86. Five Growth
Management Quota System allotments were granted for five of the six lots pursuant to BOCC
Resolution 94-125. The fathering parcel is Lot 6 which had an existing house (Fritz and Fabi
Benedict's house) and did not need a GMQS allocation. (See Attachmentsi 1,2 and 3 for
Resolution 94-233, the recorded plat and Resolution 94-125.)
The six lots in Stillwater Ranch Subdivision include the following:
Lot 1: Approved as a free market lot at general submission; ultimately donated by the Benedicts
as an affordable housing lot since the project was one GMQS allotment short after the -
first competition. This avoided going to a second year of GMQS competition the
following year. At first Lot I was to be sold as a free market lot with funds going to the
affordable housing program, but later approvals were obtained for an affordable housing
project which is now built and occupied.
ALICE DAVIS AICP I GLENN HORN AICP
215 SOUTHMONARCH5t. SUITE 104'ASPEN,COLORADO 81611 '970/925-6587.FAX:970/925-5180
adavis@rof.net ghorn@rof.net
t
,
Lot 2: Free market lot, now developed with a 9,701* square foot house owned by Frederic
Horne* ;
Lot 3: Free market lot, now developed with a 9,809* square foot house owned by Thomas
Reagan*;
Lot 4: Free market lot; under construction; major plat amendment approved to shift and enlarge
the approved existing principal building envelope, to establish an accessory building
envelope and to amend the floor area for the lot to allow for a day-lighted basement. (See
BOCC Resolution #124-2004 in Attachment 4.) This lot is owned by Charles R. Bellock
and is approved for I 1,250 aggregate square feet: 8,600 square feet with 2 I 00 sf on the
lower level, a maximum of 1,900 square feet exempt sub-grade square feet and a 750
square foot exempt garage.
Lot 5: The subject property was originally approved as a free market lot and was granted a
GMQS allotment through BOCC Resolution 94-125. The Kid's First Foundation (Silver
Lining Ranch) was the beneficiary of the gift of Lot 5 by the Benedict family for use as
the Silver Lining Ranch. After the gift, the property was annexed into the City of Aspen
through City of Aspen Ordinance No. II of 1997 and Resolution 97-04, both approved in
March, of 1997. (See Attachment 5 for these documents.) These documents granted
approval ofthe annexation, a rezoning from AFR-2 to Academic (A) / Conservation
(C)SP A; a GMQS exemption for development associated with a non-profit entity,
consolidated Conceptual and Final SPA Review, Conditional Use Review and Special
Review. All approvals were granted in order to develop and operate the Silver Lining
Ranch. The facility has 18,000 square feet including several affordable housing units.
Lot 6: The former home of Fritz and Fabi Benedict and the fathering parcel of the subdivision,
now owned by Peter and Julie Gerson.
* Square footage and owners are per Pitkin County Assessor.
The Pitkin County approvals for Stillwater Ranch Subdivision are for four free market bedrooms
per lot plus additional free market bedrooms with further affordable housing mitigation. The
approvals for the first four bedrooms require an above grade, deed restrict~ one-bedroom
affordable housing unit to be located within the approved building envelope. More bedrooms
would require approval for more affordable bedrooms or cash in lieu. As shown above in the
previous individual lot discussions, much larger homes with more than four bedrooms are typical
for the Subdivision. The subject property is developed with 15 bedrooms in 18,000 square feet.
Prior to the development of the Stillwater Ranch Subdivision, Stillwater Ranch Parcels was
subdivided into three parcels by state legislation which allowed subdivision of land over 36 acres
in size. Stillwater Ranch Parcels include Parcel One, with 52 acres that was subdivided into six
lots plus the open space parcel in the Stillwater Ranch Subdivision, and Parcels Two and Parcel
-2-
I
,
Three, both 36.02 acre parcels now owned by the Roll International Corporation. Parcel 3 is
developed with a 14,688 square foot home and Parcel 2 is vacant.
There is a 2.45 acres outparcel within the six lot Stillwater Ranch Subdivision owned by Susan
and Helen Hunt. This property is surrounded by the subject property, Lot 5 Stillwater Ranch
Subdivision. The improvements. were built in 1949 and included a 2,686 square feet house, a
306 second separate unit and a 676 square foot shed.
Other surrounding uses are the Fleck house, Callahan Subdivision Lot 12 &12A with 1.9 acres,
6,447 square feet plus a 3,275 square foot second unit used as a caretaker unit; Lot I I Callahan
Subdivision with 1.1 acres under construction and the Aspen Club, adjacent to the west.
In summary, since the Silver Lining Ranch has moved to southwest Colorado, the Kids First
Foundation wishes to pursue abandoning the City approvals, disconnecting from the City,
returning to the original single family approvals of the Stillwater Ranch Subdivision and making
the subject property subject to and entitled to benefits from the zoning and subdivision approvals
applicable to the other free market lots in the subdivision. This single family use was intended
for this 6.457 acre lot and is most compatible with the neighborhood and uses in the area,
Please let us know if you have any questions or if we can provide further information. At this
point, we are simply interested in your opinion regarding this proposal. For your information and
convenience, the following attachments have been included. Thank you for your assistance.
Attachment I: BOCC Resolution 94-233 approving Stillwater Ranch Subdivision;
Attachment 2: Recorded Final Plat for Stillwater Ranch Subdivision;
Attachment 3: BOCC Resolution 94-125 granting five GMQS allotments for the Stillwater
Ranch Subdivision Lots I through 5;
Attachment 4: BOCC Resolution 124-2004 granting a major plat amendment approval pertaining
to Stillwater Ranch Lot 4, the Bellock property; and I
Attachment 5: City of Aspen Ordinance No. II of 1997 and Resolution 97-04 regarding City
approvals for the Silver Lining Ranch.
Sincerely,
DAVIS HORN INCORPORATED
hLN\
GLENN HORN AICP
-3-
I
.
ATTACHMENT~
377&78 8-770
SILVIA DAVIS
P-783 12/30/94 04.05P PG 1 OF 8
PITKIN COUNTY CLERK & RECORDER
REC
0,00
DOC
aBBOL1lTXcm' 01' 'fIIJI IIClUD 01' COUJl'lY COllltIBBXOIlDll 01' II'XTUJI COllfty,
COI."'D~"", GIIAII'lX_ DII'l'ULBD aIID I'DIaL II'Ui' U'lI'aovu, TO TBB
BTXLLwai'ZR RaMCB BUBDXVXIXcm'/II'DD
aeeolutioD "4~
.BCITALI
1. Fabienne eenedict, (hereafter "Applicant"), has applied to the
Board of County commissioners of Pitkin county, (hereafter
"Board"), to subdivide the stillwater Ranch into six lots..
2. The subjsct property is zoned AFR-2, POD,
3. The property is located adjacent to and eest of the city of
Aspen, southwest of Highway 82, lIore specifically described in
Exhibit "An, attached hereto.
4. .The Planning and Zoning Commission reviewed thia application
at their regularly scheduled public hearing on January 18, 1994,
and recommended General submisaion approval subject to conditions,
5. The Board granted five GMQS allotmenta to the applicant by
Resolution No, 94-125.
6. The Board heard the General Submission application at a
regularly scheduled and noticed public hearing on August 30, 1994,
at which time evidence and testimony was presented in regard to
this application.
7. The Planning and Zoning Commission reviewed the Detailed and
Final Plat application at their regularly scheduled public meeting
on November 8, 1994, and recommended approval Subject to
conditione.
B. The Planning and Zoning commission reviewed this application
,
377578
6-770 P-784 le/30/94 04,05P P6 e
OF 8
...01utioD .0. '4-~
Pelf. I
for Scenic Overlay requirements at a reqularly schedulsd public
hearing on Nov_r. 29, 1994, and approved the Scenic Overlay
review subject to conditions by their Re.olution No. PZ-94-15.
_, _, DB II' U80LVBD
by the Board of County
commissioners that it hereby grants Detailed and Final Plat
approval to the applicant subj.ct to the tollowing conditions,
1. All utility extenaions shall be located underground. and
appropriate ....msnts shall be dedicated to the various public
and private utilities as may bs required.
All utility
extensions shall be located in the property's existing road
system to minimize site disturbance. If utility extensions
are propossd outs ids ot approved road alignments, these
extensions shall ba _hown tor review and approval at Detailed
Submission.
2. All development on Lots 1 through 5 shall be limited to
accees roads, the individual driveways, utility extensions,
irrigation ditches, fences meeting Division ot Wildlife
requir...ents and the building envelopes.. No disturbance,
including vegetation reaoval, (unless required by the County
tor tire protection) shall occur outside these area..
Landscaping outsids ot building envelopes may be permitted
upon epproval by the Planning Department.
3. The applicent shall dedicate a fishing easemetit along the
southerly bank of ths river to include the river and five teet
i
ot bank above the high water mark. A fiehing easement shall
also be granted between the common boundary of the out parcel
;
377678
8-770 P-78S 1~/3
~ 0/94 04.05P P6 3
OF 8
.....lutio. .... 14-~
paqe J
and Lot 6 and the centerline ot the river.
The applicant
shall work with ~. County to realign ~ho.e portion. of the
"wint.r" trail that are locat.d within hazardous avalanche
zone., to the extant faasible.
4. All re.idences ehall be connected to the Aspen Consolidated
8anitation Dietricts (ACSD) main sewsr line.that runs through
the property. The owner. ot said lots shall pay the normal
connection fees, along with an additional prorated surcharqe
that will be used to recover ths costs of repairing a
dovnstrealD constraint. Ths pro rata share shell be determined
by the ACSD. If a e._g. pumping systBl1l 18 necessary on any
parcsl, a conventional septic tank shall pretreat effluent
prior to discharge into a pumping chamber, ae recommended by
the Environmental Health Department,
5. The applicant .hall make a contribution. ot $12,600 to the
county trails program prior to recordation ot th, final plat.
No building permit shall be is.ued within the stillwater Ranch
subdivision until the .County shall have expended the
contribution on specific trails ilDproveme~te,
6, The applicant shall obtain access permits and submit erosion
and sediment control plana as required to the County Engineer
for revi.w and approval prior to building permit issuance.
7. The Fire District shall be allowed on the property to check
!ire hydrants and water. pressure prior to building permit
issuance.
8. The Applicant or owners shall provide one, above qrade, low
,
OJ
....
oJ)
....
....
'"
a.eolution Ro. ,.-~
paqe .
income, one-bedroom affordable housing unit on each of the
five new lote within their des1qnated building envelopes,
concurrently with the construction of each four-bedroom free
market unit.
An appropriate deed restriction shall be
executed and filed with the Houeing Office, The affordable
units shall meet or exceed Housing Office I S lDinimum, net
livable area requirement tor low income units, and shall be
deed restricted to the Category #1 income, price and occupancy
guidelines in effect at the time of issuance of a building
OJ
U.
o
permit.
Planned unit Development (PUD) approval is hereby
granted to allow smaller lot sizes as necessary for the
...
(!l
a.
a.
01
'"
...
'"
...
'"
....
'"
'"
"
':'lJ
-
provision of detached or attached affordable housing units on.
Lots 2 and 3.
Dogs shall be kenneled or leashed at all times. Fencing shall
comply with Division of Wildlife standards, including a
maximum height of 42", four strands or less.
10. Prior to final plat recordation, the applicant shall supply
9.
oJ)
OJ
....
I
a.
evidence of an adequate water supply.
11. The protective covenants for the Stillwater Ranch subdivision
shall be revised to permanently restriot the use of the Open
'"
....
....
I
'"
space Parcel to agricultu.ral uses an'd improvements, the
pasturing of horses and related uses and improvements, and
such other open space uses and improvements as may be approved
from time to time by the stillwater Ranch Homeowners
Association, and the continuation of existing, uses. The
covenants shall also prohibit further subdivision of the open
space Parcel, althouqh a lot line adjustment shall be
permitted between the Open Space Parcel and the Out Parcel if
County and landowner approval can be obtained.
"
.-
.-
I
'"
'"
.-
'"
.-
.-
'"
a..OluttOD .0. ,.-~
..9. 5
12. On or betore Karch 1, 1995, the applicant shall torm a
HOID.own.r.' A..ociation coapri..d of the own.r. of the six (6)
lots in the Stillwater Ranch Subdivielon, and shall convey the
Open Space Parcel .to the Homeowners' Association. The deed
shall reserve the exclusive use, control and expense of the
op.n Space parcel to pabienne Benedict and Fredric A. Benedict
for the rest of thsir lives.
13. Removal of mature veqetation outside of any buildinq envelope
on Lots 1 throuqh 5 is prohibited except. as provided for in
'"
..
o
Condition 2 above.
Removal of mature trees within the
building envelopes shall require approval of a tree removal
plan by the Planninq Office, Mat.ure tre.... m..ans any d..ciduous
tr..e of elx-inch caliper at diameter-breast-height or any
everqre..n taller than six f....t in h..iqht.
14. The northern boundary of the building envelope on Lot 1 shall
"'
"'
0.
0.
"'
"
.,.
"
.,.
(To
"-
"
,.)
"-
'"
b.. relocated twenty (20) f..et to the south to reduce potential
visual impacts. The applicant may relocate the eastern and/ Dr
western boundaries ot' the building .nvelope~~o.~~.to maintain
the size of the buildinq envelope,
15. The buildinq heiqht on Lot 1 shall be limited to a maximum of
20 feet measured from exist.inq grade Dr finished qrade,
whichever is lower, to tha top of a flat roof or the midpoint
.-
'"
.-
I
0.
or a pitched root. The ridqe ot a pitched roof shall not
exceed 25 teet above exis~inq or finished qrade, whiohever is
I
lower.
16.
The buildinq hsight on Lot 2 shall be limited to (i) a maximum
,
Cll
.u.
o
...01ut!OD >>0. ..-~
1'8g. .
of 20 feet measured from the existing elevation of the
northeast corner of the building envelope to the top of a flat
roof or the midpoint of a pitched roof, or (ii) the maximum
height allowed in the AFR-2 Zone Distriot, whichever is lower.
The ridge of a pitched roof shall not exceed 25 feet above
said existing elsvation. The applioant shall establish said
elevation by fi.ld survey and shall incorporate the eame in
the Protective Covenants for ths Stillwater Ranch subdivision.
17. The height limitations imposed on Lots 1 and 2 may be varied
sUbject to obtaining a new Scenic Overlay approval pursuant
to the .tandards and procedures in effect at the time of a new
application.
18.
The owner ot Lot 1 shall submit a landscape plan tor review
and approval by the Planning Office prior to the issuance of
a building permit for the residence on Lot 1. The purpose of
the landscape plan shall> be to reduce the visual impact of
'"
(!)
0.
0.
"'
'"
.,.
'"
.,. development on Lot 1 from Highway 82,
'"
'-
'" 19. section 2(f) of the covenants (lighting) ehall be revised to
'"
'-
~ preclude outside lights on the north side of the buildings on
Cll
Cll
...
I
0.
Lots 1 and 2 (faoing Highway 82).
The architectural
"guidelines.t shall be renamed to "require:m.ents".
20. with the exception of one entrance light at the intersection
'"
...
r-
I
'"
of Hiqhway 82 and Stillwater Road, and one outdoor liqht for
the garage or home entrance (unless otherwise required by the
Unifora Building Code), access drive and landscape "accent"
Cll
r-
'"
r-
r-
,.,
lighting shall be prohibited on Lots 1 and 2,
Low level
.
R..olu~ioD .0. t4-~
'aq. 7
walkway lighting, however, shall be allowed for safety
purposes.
All exterior lighting shall comply with the
'"
u.
o
applicable requirements of the Pitkin County Land Uss code.
21. Livestock grazing and livestock impounding is prohibited on
Lots 1 through 5, with tha exception of horses, which may be
impounded on Lots 4 and 5. Livestock grazing and livestock
impounding is permitted within the Open Space parcel and 6.
22. All material representations made by the .applicant in the
application and pUblic meetings shall be adhered to and
considered conditions of approval, unless otherwise amended
by other conditione.
r-
C!l
0.
0.
"'
"
..
...
s
...
'"
"-
"
'"
"-
,~
APPROVED AND ADOPTED ON THE 20TH DAY OF DECEMBER, 1994.
BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO
t.\ Ic.U'I;Il.. C. lR.fj~jJt:>
By:
~
Date:
'"
<Xl
r-
I
0.
'"
r-
r-
I
'"
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
=L .~ .~
~.... ~ ~....:. '~
~suzann. Ko an, .
County Pl nning D~rector
<Xl
r-
oO
>-
r-
'"
slw/fk.benedict,detailad.reso .
.
Exhibit "A"
PARCZI. 1, STILLWATER 1lAIfCH PARCEt.S, according to the Firat AlIlenc!ec!
Plat thereot recorc!ed Declmber Z, 1993 in Plat Bock 33 at pa..e 34.
COUNTY 01' PITKIN, STATE OF COLORADO.
'"
u.
0
'"
C!l
0.
0.
"'
.,
..
.,
..
'"
"-
.,
'"
"-
OJ
.,
'"
,..
I
0.
.,
,..
,..
I
'"
'"
,..
'"
,..
,..
'"
,
,
o
::)
Q.;
"-
Z
o
Vi
>
Cl
1:0
::::>
V)
~J:
~U
iZ
!<(
"Ol::
~
w
~
~
...J
l-
V)
~
~~t
.".
!ll'
~~;;
~ J'"
~ :ii,
~ ;~~
-0{ ~rtJ.
"~ 1 ~~
W;I-'.'I
w ~'~~J
~ ~iJ~
C) ..l'r
z "'~
w ,'~t
>- ) ~.,
I- )~\ll
~ "l(
o "~'I
U ,'..\~
Q
ij.i
,~
,~~
'~
<
!
,
~.:
z
o
in
..
i
~
u
"
Z
Z
o .1.
N _:~
o/J d
C)..... ,::;C
~ ~ ~~
~ ~ ~.:_,~
:3~ -
Q.. <( :,
?J
"
~~
r" I: \J~J I
~ ,~(' ~ I!'\,~
~~~~~,~. ill,:'~i;.I~ Il
< I 'l-g, r"'rlIKYn-'
~~ 'i;~ .f.?~'.i~""~""\l~t1 .i~,
?~~h~~~t~il~P~..8~~Z, "
s~~m!'H~!~~~~~~~: 'l1;
~ r.I~~~r'3J~:~~'15.'}Z~~
'( ~11~lr-.Jr ,r-d!;\~OI~~!?'iO I
U "~L"j\ -.~~.)~~I_~l1~~>~~f:~ ~
~ :~ i~ ~~ ~~alY~'~--~
l;; ;' J\~~~i~~3:'~tjH! i'
~ 1(~'~J.~E~n YrE!~~~"
[Ii: t'l\,: ~ ~ y-I' ,,1' '( l.'l;'I{" 'i~ ~.
= ~~~~i.'.~MK~f~9~t~f~~~
o .,'<t.),; '1 Ft {i1t....,.'"
>- ~~J~~'li~~S .~~~,~~~~
~ 1!~~III.IIII!;I..I.I~' 1j
~ . r..: oJ::!;; S~k~l~ "1,_' ~~
VI 11RIl~(~~W ,-_d'u.z, ~,-. '1:\'\
~ ~U~i~~ ~~ ~
~ J (~l;r. >( ,F , j < - z
~~~~~~~i~:.~~:~t!~;:~~-'~ t
I' If l' '> ~ .. :i: .,'0, / I-: j,,). ,
lj.i.~~;i.~ lm~!l!~~1 J . ~
,~t~~ft~; ~~J':~.~:~~ef <I ~
.~W~~Ju~~~~~?1~~I~Pu~! ~
;l'~~lij-t~~~~~~~ E~t" ~ ~
, ~"" bl ~ ".I ~ 11:.1.. (I ~ I' 1 i, . l
0'ijlj~8!~,~~j'! ;; 0 "'i.~.
'!~~ .7..8.1~~F, ')~"d~1ol ! ~<
~ ~;: 8--i~~ t~ 1:"~.~~9~~e '(~
I~~vt~ ~O~~/l~~t~ ~
i1~..i<~'~f'. C~~~ii1~~~t:<~
... {" 'l I- 1\f{l rr - - ~b/ -
~i~.,;"l'Jt!i~~~~~~'-'~<~~~ F
'., ,II ~ 1.l\')~ J 7 ,\, ~- Zt 0
~~~- ~~c)'~loI~.;<lilll-L~~l"
:~~s~ggu~~~~j~~~Jl ~
'~~~...l'lI:l-f!..J1~$I!'-jfl-~~ ~
.. ~i ~l (If!f,f' On' l.l" F \).1 f.~, ~ f' '; III
!
".'
IF
~.~
~; I,;I~~'
~ l 'l'll'l
I !1~!5
~ ~ ~'l\;
,> ~~'t'
,~ Ii"
~ R ~H~~
ATTACHMENT 2.
~- ~ ~
f.l "~ 10
~ 1i~9~-;"
~ ~~~ ~ l
AU ..RI'O:
( l~ !
~ ~~Ii i ~
z ~Lt ;
13 ~!t '
~""' ~~i
a;! ~.e~
00 '1'
<~ ~Li
~ ~ ~~~
,.
~~
i~
~~
?I~~
~l~l~. l.
~' .J.... "1"
5~i. d
Ie' ~\
~~ !','1
~ '.1 '~"l
~.~h ~
w... ',~'l\: &
.~)-' 't.
~{'jL y,,,
i: ~?;ut:: ,j
~ t>thr:
u ~o:!'.':"
~ ~i~~! ~
e ~~~ 2 !':L~.'\lo'''1
8 {'~~ ~ '.c.,_:.;.'
~ (.~U~~..
.
,
.
,
,
"
.
,
~
0\ .
H
~ ~
, "
k 1;
, ,
~I ~
~ ~
s
"
~.
"!f'
j
.
"
~
..
"
I!
"
~I~ ~lh. l!~! ~ H ii, ;~! ;~~ ,~
,!~. I"d~ ';'" l~d "~I -'~! 9~~ ai~~
I;l~ ~~~~ HH M! ii~ ~ b~ ~I' ~ W~
~l:lt ~.~,;~ ~~;: !i:~ ,g~ ~~,~i ; ~ ;~l;
~~i: :>~ 9 ::11 t! l'>1:'(~ !'98 :l (I l... ff:;"1
~~2~ t~ ~ ~it~ m~ h~, ~W H~e :l l
li~1 ~~~i I!!~ Wi. f~~ U~~ HU i:ii.
.. l~~: In j~~o l~~j IU~ ~U~ m~ ~mg
5 ,,~. '~~ l~i~ ,~~ l~<t l" '~8 ~mi
3 ~!Il~ ~hi ~:m ~! ~;~ ~!11 !II~ UH ~n~
~:;(,r,8.t~tl ,,~H8 t.1HH .,.., .,t~ ,~",! .~~~~~
~
h!
Ji JII
di"
~H~
z ,~~ .~l ~, b.;gn ;1 i.' h ~p ~ "i ~ > ~ f ~.h "t q~ ., ~
3 i.1 ~~~~h~h fil~;~~~ !liii~:~g.. ~m~~~~~~~ ~~~l:iit ~: h~i!jP~W~~li~~mj~
- '"h l~B ~ ~~l~ ~ "~,~,.~,. _'~"!Z ~." h~'Y 9~~'Q ~.<~,' ~ ';ll"~" t~
~ l!H~ilE~~~ ~W~~iL ~hW;m !m~!~~~u ni~m~!H U~g~WHH~HI~mig~
~ H!h~!~::~!~ il~~I'I~~: itHik~~ :i'l\!j~h~l! ~M~wh~ h;~l~~~m~~~!:~~l-~~~~~~
z 2,,< ,lJlI 0\' ,IL ,,-l 1 }o:!l >J<{\:r~>(}:ttP'" l-~ J:"~~r. ~ l:lL '(~~! "~~I < ~ ~ iJ !.. _,.... I
~ i:11~i~~~.W mi,.lm M!!~~~'h'~ ~.~'!m~fhe ~~~;!~~ii~;~ ~~~;hhhHd!i~~li~~i!~
o h~.,I)_"}'kl~M.t .1) Htpl~l!: .O~"it~ tot ~(\Q~h~o~r.~ ~ ,~~~ '~1~1:- ~ .0 -~I)";P:!$)~~'~ --1 ~~~~5
l'-~o,J':jo! ~ ."'11' :j~~~I:\J-(.u ~H~~ ~W).:J ).~). zi ~ ~> ~~). l l: ~~~"f ~! t '~III ~ lJ ~~
; 1;~ii~I~~!lj !iiil;~~! ~llili~!!~ ~ilil:l:ll~il . 1;!~;li~ill! 1111~i'i"I~il~:~!!~I~II~lil
ffi q!il.J~I\b.. ~ ~ ,:>J~I--F ': ji'1oI ~!\~ t: ~ wk' ': t'lolU oIW! ClZ~ .-lol-5 5 ,V-st F ~
u ,1n.l",/'lo {./".!t "I!",f'h ".i,,,~l.f!, 1.~I!j~JH" "'"~I".,,,.,h~~J~2HL.!
!II
~~~
m~
or:,
h
~ih
~ 1 i r
;i,1
'Hif
f:;;!
',"
~m
.
"
~e
h
t"
.
Sl
. .
t
i
i
2'1.'71'
NI2I"O!I'-+"~
"
"
,
,
,
.
1
,
!.
jO
II
,
,
,
,
,
,
,<Sll'~Z'>:
"~
'OJ '1'u
Z I',~
gJ,/
. '
/' '.il
iJ
~~'1
~h
,
,
t~
-' 01"" -tt..... 4! (I \
W'l
~i~~
~.,-
.i
>-c
':J"
0,
.1o!:~/"
~.'!\!".I>l.'QIV
,
.
,
~ ~
~
~~
B I
, ~l
,.!
It ~l ~
" ~~
r,
"""
~.~.il.PON
. I
~ I
~ ~
J.
~ ~
. ,
~ ~.
~ .. t.
~ II
{ 81-
;:! I!
~ll ~I
Ii
.
l
l
~~'lIt>~
~Q.l'<il...
....
W
ls;!
~
W~
~;
e.,;,
.."
H
, -
"...(
~;~
k
'I'
;I ~
\ '
z
w
~
o
.".
,
.'f
.-,'
.:,
,- ~ ("
o
::J
0.:
""'-
Z
o
V')
>
o
l:O
::>
V')
J:
U
Z
<(
0::
0::
W
~
~
.....
l-
V')
I
~l
<0
~
!
~ ~
'>
~ .
d
!
I
"
,0
',1:1-
.;.-~
h
~
. i
i ~.
~ Jli
d!~
~ d~
\
\
I
I
-..j. .
"j?..~
~'-
'.
;
.
'~
ATT ACHMENT
,,,,,",-,.,.f' .'
~..... . ~- "7 '.
',.,.', <l-' 'i
,._" "AVi"~;"" ."
, - , .. - .
..~"'--~ .~. .' ._;.,..~
372192 9-,55 p_770 Q7/18/94 12;19P PG 1 Or 3
SILVIA pAVIS ~ITKIN COUNTY C~~R~ ~ RECORDER
REC
0.00
DOC
A R1!lSOLtJ'flOB 0" 'I'D BOUD OJ' COmrrY COlDlI.88I.OHBIUI
01' PIT!.I. coVRTY, COLO~' GaAD'l'II1G J'%VB
GllOftB JlAPGuBD'! QUQlrA. SYBTBII ALLO'8lBJl'l'S
TO THJI sUBDI.C'r 8'ULLlIATBll JlAlICH sUBnIVXSIOH
ll..",lution 19.....~
1.
,,,.cI.TMlD.
Fabienne Benedict, (hereafter "APplicant'" , uquested that the
Bo.rd of county commissioners, (hereaf,,'r "Board"), grant excess
crowth Managament Quota system Allotr-nts for the Benadict
stillwatar Ranch purauant to section 5_510.3(a) of tha Land Usa
code.
2, Tha property ia locnted southa..t of, and adjaCent I to, tha
city of Aspen (as descriced on Exhicit lA' attached).
). The Board heard this applic.tion at their regular maeting on
June 28, 1994, at which time evidance and testimony waS presentad
regarding this application.
4. The Board finds that this application furthers ccmmunity goals
by providing a site tor employee housing, trails for public use and
significant open space.
NOW. TBBIlBroRB, BB 'IT R:BSQ1.VBO
by the Doard of county
C_iuionars that it haraby grants five (5) crowth >Ianagement
Quota syatem Allotmenta to tha APplicant subject to the requirement
that the APplicant complate all further subdivision review
beginning with and including General submission to the Board.
\
"
\1
.
I
i
\
t
.,~
. "~1'~
,~~
r
i
i
Y:",.
i~;;l':;~: "fi; .
~"- }!:...~
...'"'11 :i
;l
;',;
,.
,
~).-
~
,'.,
;::&
'-';:."
r
...olution .0. '4-~
'&9- 2
BY'~AY tW.c2/- :.
Ilobert C. Chj1;d, y:airman
oat.' 1? "
APPROVED AS; TO coNTENT:
r ~o.-
su nn. Ito cban.
County Planning: Director
; Ii>
\::.'"......
^~~
,.
Al"IlOVBD po ~1"l'BD 011 'fill aeora DAY 07 JDI1B, 1194.a
BoARD of coUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO
.'
~
APPROVED AS TO FORM:
372192
a-7~5 p-771 C7/1S/~4 1211Qp pa 2
OF 3
i
,
\
I
i
I
\
,
\
1
f
~
,..#
.,
..
~
"
-t
4.
5.
b~llbC\C LDt ~
111111111111111111111111111111111111111111111111111111. ~~:~'~~;!;3: 27,
SILVIA D!=IVIS PITKIN COUNTY CO R 0.00 00.00
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, GRANTING T~,!3~LLOC""~MAJOR PLAT AMENDMENT FORLOT 4;,'
STILLWATER RANCH SUBDIVISION .
Resolution No.1 A '1-2004
ATTACHMENT If
Recitals
I. Charles BeHuck "Applicant", has applicd III the Pitkin County Board ofCoullty Commissioner.,
"BOCC', lor a Major Pint Amendment 10 shilt and enlarge the buildiug envelupe, c.-cate a
development envelope and iIIncnd 11 conditiol1 of approval that limits /lour area on the lot to
allow tor a day-lighted basement.
2. The lot is located east of Aspen, and is more specifically described as Lot 4, Stillwater R1IDCh
SubdivisIon.
3. The Plaoning and Zoning Commission heard IIlis application at their regularly scheduled public
meeting On June 1,2004, at which time they recommended approval by a vote of4-0.
4. The Board heard the request on I" reading at their regularly scheduled and duly noticed public
hearing on July 28, 2004, at which time evidence and testimony were presented with respect to
this application. Second reading was held on August 11,2004.
5. The Board tinds that this application is consistent with the applicable Sections of the Pitkin
County Land Use Code.
NOW THEREFORE BE IT RESOLVED hy the Pitkin County Board of County
Commissioners that it hereby grants approval to the Sellock Major Plat Amendment subject to the
tollowing conditions, which shall run with the land and be binding on all successors in interest:
1
The Applicant shall comply with the provisions ofBOCe Resolution Nos. 94-132, 94-156, 94-
233 and 99-IO~nless otherwise replaced or amended by the conditions of this approval.
2.
The Applicant. shall prepare an Amended Plat tor Lot 4, Stillwater Ranch Subdivision in
accordance with Pitkin County Land Use Code Sections 5-40 and 5-60-040 to establish an
accessory development envelope, a,{d shift and enlarge the existing principal building envelope.
3.
No development, including grading, excavation, fill placement, bermingJ landscaping, entry or
ranch gates, and vegetation removal or disturbance shall !'ccur outside of the approved building
envelope except for access, grading, landscaping and wildfire mitigation, which can occur within
the designated development envelope. Construction, staging, parking, utility and driveway
extension and maintenance shall occur within approved building/development envelope, or
access driveway.
Prior to the submission of a building pennit, the Applicant shall be required to make a cash-in-
.'ieu payment to the Aspen/Pitkin Housing Authority of$220,400 for housing mitigation for Lot'
4, Stillwater Ranch Subdivision. This payment shall constitute the full mitigation requirement
from the original Subdivision approvals regarding the housing.
Prior to the issuance of a building permit, the Applicant shall submit a landscaping and grading plan
to Community Development lor review and approvaL
, .
I
ResOlution No.I1'L-2004
Page 2
11111111111111111111111111 ~:~~~~;~ ~3 m
5 SILVIA DAvIS PITKHJ COUNTY CO" ~ 0.00 0 0.00
,
6. Pursuant to Ordinance No. 022-2000, the Applicants are subject to the Fair SJlare Requirements
and shall pay a road impact fee.
7. Prior to the submission of a building permit, the Applicant shall be required to obtain an
Access/Driveway Development permit for the construction of the new access.
8. Lighting shall ~olllply with the Pitkin CUUllty lighting standards at the time of instal lati Oil.
<l. The residence shull have a /luur area limitatiun of 8.600 square feet 08 calculated ulUme of building
permil. with 2, I 00 square feel 0 r tlollr area located on the lower level. Exempt sub-grade space
shall be limited to 1.900 square feet as calculated attime ofbuildil1g permit. und shalllllllint.ain a .
permanent sepuration (wall) from non-exempt tloor area, as depicted in Exhibit A, The lot shall
maintain a 750 square foot exemptioll \i'om the calculation of tloor nrea lor a garage. The aggregate
square footage on the Lot shall not exceed ( 1,250 square feet. .
10. The Applic:J.11t shall adhere to nil material representations made by the application or in public
Ineetings.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 28th day of June,
2004.
INTRODUCED AND FIRST READ at the regular meeting and public hearing on the 28th day
of July, 2004.
2004
APPROVED AND ADOPTED AFTE& SECOND aEADING on the 11 th day of August,
BOARD OF COUNTY COMMISSIONERS
OF PITKJN COUNTY, COLORADO
.dJn_~_/~<:~
Dorothea Farris
Chair
Date: r- '7- 0 f
APPROVED AS TO F
APPROVED AS TO CONTENT:
~
~~A~ C~ U(
Cl11dy ouben, .
Community Development Director
/
/
Case #040-04
PID #273718405004
~
~~-S6:
I
I? L{ . 'J. too(
~
~
0..:
~
cf ~
.Cl .ti
.(;) :
o ~
~''''''1 '0
:;j"1::i "tJ
.Q ~
~:::J.Q
~ rf) 8 ~.
~ 'S b ~ ~i
8 q ;j ~
ilg8 ~
~~ ~ ~
~ ~
t'tJ~
1:
;::::
'..,
~.
...,
JI'l
,,'
OJ
r,..,
~
U)
r::;"'~,'o!.~.:.:::r;. ,--
J r~.t: I "~i-- \
"I -C~.J- '..)..
, . .
" 'j'
, "
, ,
\ ]- --~-- '-..
a
~
-s-"':>
'211,
1
j1
Ii
t
~,
l~
,jo
1
, 'II
I 1111
\ Il'
, lill
~.
It'' -----.--.---
~II
~t
"I
'"
5
502835
- Page: 3o'of-3
10/0612004
o 03:271=
e.00
i
,3
,
MEMORANDUM
TO:
Pitkin COlmly Board of Cotmly Commissioners
Regular Meeting - August II, 2004
Cindy HoubefZ- &o~~ttily Development Director
THRU:
FROM:
Ezra Louthis, Planner
RE:
Bellock Major Plat Amendment for Lot 4 Stillwater Ranch Subdivision--2nd Reading
SUM:MARY: The Applicant is requesting a Subdivision Exemption for a Major Plat Amendment to
relocate and enlarge the existing building envelope, create a development envelope, and amend a condition
of approval that limits the maximum floor area on the lot to 6,500 sq. ft.
The Applicant is requesting to enlarge the envelope by 566 square feet, and to shift the envelope slightly to
the south, away from the adjacent property. In addition to the amendment to the existing building envelope,
the Applicant is requesting the creation of a development envelope for access, grading and landscaping
purposes around the building envelope. The request for the development envelope is partially related to the
need for access and subsequent grading to occur outside of the designated envelope, as well as the need for
the relocation ofthe Nellie Bird Ditch and the pond drainage around the proposed house. Lot 4 has the right
to relocate the Nellie Bird Ditch and the drainage for the pond per the Final Plat and the Covenants for the
Subdivision. The Applicant is also requesting to increase the maximum allowable floor area from 6,500 sq.
ft. to 8,600 sq. ft., while limiting the below grade space to 1,900 sq. ft., and maintaining a garage exemption
of750 sq. ft. (11,250 sq. ft. total). The request by the Applicant for more floor area beyond what is allowed
by the existing approvals is based on the contention that due to site topography, the house design cannot
meet below grade requirements for the 4000 feet of exempt space, and that some of the basement will have
to be daylighted.
The Applicant also wishes to buyout the lot's affordable housing requirement, in which the lot is required
to provide an onsite Category Unit pursuant to the Subdivision approvals.
APPLICANT: Charles Bellock
REPRESENTATIVE: Vann Associates, LLC
LOCATION: Lot 4, Stillwater Ranch SubdivisionlPUD
ZONING/LOT SIZE: The property is zoned AFR-2 and contains approximately 4.433 acres.
BACKGROUND: The BOCC voted 4-0 in favor ofthe Bellock application with a direction that the
Employee Housing Mitigation requirement be reviewed at 2nd Reading. . The Applicant had requested to
mitigate the requirement from the original Subdivision approval by paying a cash-in-lieu amount equal to
the cost of a one-bedroom, Category I Unit at time of subdivision review (1994), plus adjusted CPI (this is
what the P&Z recommended as well). The Applicant has not submitted anything formal to Community
Development regarding the Mitigation requirement, but has indicated that he will have a new proposal for
the Board.
RECOMMENDATION: Staff recommends the Board adopt the following motion, "to approve the 2nd
Reading of the Bellock Major Plat Amendment" subject to the conditions in the attached resolution.
~
MEMORANDUM
TO:
Pitkin Cmmty Board of County Commissioners
Regular Meeting - July 28, 2004
lc~vil<
Cindy Houben, Community Development Director
THRU:
FROM:
Ezra Louthis, Planner
RE:
Bellock Major Plat Amendment for Lot 4 Stillwater Ranch Subdivision--1" Reading
(public hearing)
SUMMARY: The Applicant is requesting a Subdivision Exemption for a Major Plat Amendment to
relocate and enlarge the existing building envelope, create a development envelope, and amend a condition
of approval that limits the maximum floor area on the lot to 6,500 sq. ft.
The Applicant is requesting to enlarge the envelope by 566 square feet, and to shift the envelope slightly to
the south, away from the adjacent property. In addition to the amendment to the existing building envelope,
the Applicant is requesting the creation of a development envelope for access, grading and landscaping
purposes around the building envelope. The request for the development envelope is partially related to the
need for access and subsequent grading to occur outside of the designated envelope, as well as the need for
the relocation of the Nellie Bird Ditch and the pond drainage around the proposed house. Lot 4 has the right.
to relocate the Nellie Bird Ditch and the drainage for the pond per the Final Plat and the Covenants for the
Subdivision. The Applicant is also requesting to increase the maximum allowable floor area from 6,500 sq.
ft. to 8,600 sq. ft., while limiting the below grade space to 1,900 sq. ft., and maintaining a garage exemption
of750 sq_ ft. (11,250 sq. ft. total). The request by the Applicant for more floor area beyond what is allowed
by the existing approvals is based on the contention that due to site topography, the house design cannot
meet below grade requirements for the 4000 feet of exempt space, and that some of the basement will have
to be daylighted.
The Applicant also wishes to buyout the lot's affordable housing requirement, in which the lot is required
to provide an onsite Category Unit pursuant to the Subdivision approvals.
APPLICANT: Charles Bellock
REPRESENTATIVE: Vann Associates, LLC
LOCATION: Lot 4, Stillwater Ranch SubdivisionlPUD
ZONING/LOT SIZE: The property is zoned AFR-2 and contains approximately 4.433 acres.
BACKGROUNDIEXlSTING CONDITIONS: The property was originally part of the 124-acre
Stillwater Ranch (Benedict Ranch), which was divided into 3 separate lots in 1993. Lot I (52 acres) was
then subdivided into the 6-lot Stillwater Ranch SubdivisionlPUD in 1994 pursuant to BOCC Resolution
Nos. 94-156 (Conceptual) and 94-233 (Detailed/Final). Lot 4 is part of the 6-lot Stillwater Ranch
Subdivision/PUD, which received its development rights in a unique way.
The Subdivision originally applied for GMQS allotments for development rights in 1993, in which it
competed with tlle Moore PUD. The Moore PUD scored better than Stillwater, and Stillwater was granted
no development rights per the GMQS competition. With potential changes in the Land Use Code
contemplated at the time which would have limited allotments available to this Subdi.vision in 1994, the
Applicant chose to apply for four GMQS allotments in excess of the available Metro Area Quota for 1993
pursuant to Code Section 5-510.3 (a) which stated: "In awarding allotments in any ~iven year, the Board of
Memorandum: Bellock, Lot 4, "till water Ranch Subdivision Major Plat Amendment
July 28, 2004
Page 2
County Commissioners may authorize construction in excess of the maximum nwnber of dwelling units
specified in Section 5-510.I(a) by as much as twenty percent (20%) of the quota established, provided,
however, that any such excess shall be offset by a corresponding reduction in allotments given in successive
years such that every fifth year the allotment within the previous five years shall not be in excess of the
cumulative total prescribed by Section 5-5IO.l(a)." This Code Section provided no criteria to determine
when it was appropriate to grant such excess allotments, just that the excess could be provided.
As part ofthe Application submitted by the Applicant for the excess allotments in 1994, the Applicant
voluntarily limited the square footage on the lots to 6,500 square feet as well as donated land for open space
and affordable housing (see Attachment C).
PLANNING AND ZONING COMMENTS:
The Planning and Zoning Commission (P&Z) voted 4-0 to pass on a recommendation of approval of the
Applicant's request for the Major Plat Amendment. As part of the motion, they requested that a landscape
and grading plan be submitted to alleviate concerns over screening of the residence, and that the built
residence reflect what has been represented trom a design standpoint.
VIEW OF PROPOSED ENVELOPE FROM EASTERN EDGE ABOVE POND FACING WEST.
REFERRAL COMMENTS: The following agency has been referred on this case.
1. Zoning: Joanna Schaffner, the County Zoning Officer, commented on concerns about setback
requirements (which will be adhered to by the Applicant), and the request for the floor area increase.
Ms. Schaffner commented that the Applicant has not demonstrated that he cannot meet the
requirements of below grade exemption, and that it appears to be a design issue and does not warrant
a floor area amendment. She cautions against creating a precedent based on design issues.
Referral memos received have been attached for your reference.
Memorandum: Bellock, Lot 4, ~"llwater Ranch Subdivision Major Plat Amendment
July 28, 2004
Page 3
MAJOR PLAT AMENDMENT
Pursuant to Section 3-190-090, a subdivision exemption for a major plat amendment may be permitted
subject to compliance with the following standards:
A. Amendments shall be consistent and compatible with the surrounding neighborhood.
Response: The proposed amendment to slightly enlarge the building envelope and rotate it to the south
is compatible and consistent with the surrounding neighborhood. The relocation oftlle envelope slightly
to the south makes the (proposed) house less visible by the adjacent lot, yet still maintains a clustered.
pattern. '
The request for a development envelope for access, grading and landscaping purposes is similar to the.
amendment granted to Lot 2, Stillwater Ranch Subdivision/PUD, which created a development envelope
for access and landscaping. In general, the request is compatible, and is required to a certain degree for
the placement of access that complies with the Fire District standards for driveway width and
turnarounds, and for the relocation of the proposed pond.drainage easement and the Nellie Bird Ditch.
However, it is unclear to Staff why the proposed development envelope needs to extend past the building
envelope to the west, since the realigned drainage ditch from the pond is to the south of the building
envelope and it appears could stay to the south. Considering there exists a number of mature Aspen trees
and natural screening from the Open Space, the Roaring Fork and Lot 6 of the Subdivision in tllis area,
Staff feels it is appropriate to maintain that area as outside the development envelope. Regarding this
issue during the P&Z meeting on June 1st, the Applicant offered that the relocation of the pond drainage
required the development envelope in this area, and felt that providing a grading and landscaping plan
during the building pennit process to Community Development for review and approval would alleviate
any screening concerns. The P&Z's recommendation is reflected in the conditions of approval.
The request for the amendment to the allowed floor area is not consistent with the surrounding
neighborhood or the original review. As noted in the Application, Lot 4 does contain slopes that Lots 2
and 3 do not. Lots 2 and 3 are developing with a 6,500 sq. ft. maximum, utilizing the 4,000 below grade
exemption. The Applicant indicates that because of site topography and constraints, it cannot design a
house that will be able to utilize the full below grade exemption. As Ms. Schaffqer indicated in her
comments, sites on steeper and more constrained lots, such as Red mountain, have developed their below
grade exemptions that meet the code requirements. She then goes on to state that it is a design issue, and
should not substantiate the request for additional square footage on the Lot. Furthennore, although the
underlying zoning of AFR-2 would allow for a house of 8,931 sq. ft., Staff feels that the maximum
allowable floor area should remain at 6,500 sq. ft. as represented in the application when the Lots
received the excess allotments in 1993-94, and as dictated in BOCC Resolution No. 94-165.
Memorandum: Bellock, Lot 4, "rillwater Ranch Subdivision Major Plat Amendment
July 28, 2004
Page 4
View of building envelope facing northeast,
B. Additional community impacts resulting from the amendment shall be completely mitigated by
the applicant.
Response: Relocating the building envelope to the south will limit some of the visual impacts by
locating the development down the slope. Staff is concerned that allowing the development envelope to
extend beyond the proposed western edge of the bnilding envelope, and into some mature Aspen trees,
will result in the grading out of that area, and the destruction of natural screening from the river, the open
space and Lot 6. At the P&Z meeting the Applicant offered to provide a landscljpe and grading plan at
~lild~e~pennit for review and a roval to allevi~~f these c~~~~~~~
~", "t": .;;?(';~" ,.
The proposed development and building envelope as seen facing east from tbe west property line.
Memorandum: Bellock, Lot 4, ucillwater Ranch Subdivision Major Plat Amendment
July 28, 2004
Page 5
C. The amendment must comply with the standards of this Code whichever are applicable.
Response: The proposed amendments comply with the standards of this Code.
D. In no case shall a major plat amendment be utilized to increase the number of lots on a plat.
Response: No new lots are created.
BUILDING ENVELOPE ENLARGEMENT AND SIllFT:
Staff concludes that the proposed building envelope and shift is appropriate and consistent with the
neighborhood and the original reviews.
DEVELOPMENT ENVELOPE:
Staff concludes that the proposed development envelope for access, grading and landscape purposes is
appropriate and necessary for the location and design of the access, as well as the relocation of the pond
drainage and Nellie Bird Ditch. However, Staff feels that the portion of the development envelope to the
west of the western boundary of the proposed building envelope is not appropriate considering there
exists a number of mature Aspen trees and natural screening from the Open Space, the Roaring Fork and
Lot 6 of the Subdivision in this area, and that by establishing the envelope could result in the destruction
of that area. Based on a site visit and existing conditions, it appears that the pond drainage could be
routed to avoid that area. As noted before, the P&Z voted to approve the request and to add a condition
of approval that would require a landscape and grading plan for review to assure that proper screening
was maintained.
MAXIMUM FLOOR AREA INCREASE:
Staff concludes that the request for additional floor area from 6,500 sq. ft. to 8,600 sq. ft. is neither
consistent with the neighborhood, or the original review which allocated the excess allotments based on a
representation that the Lots would be limited to 6,500 sq. ft. As noted by Ms. Schaffner, it appears that the
below grade Code requirements can be met on a lot such as this, and that a design issue should not
substantiate the request for more floor area. The P&Z, however, felt that the unique nature ofthe
Subdivision would preclude the Applicant's request from creating a precedent, and that by limiting the
overall square footage (including exempt below grade square footage) on the lot to 11,250J' ft. would not
be of significant concern. - I
{J 7- .e(.. AMp:n <( Ii ;-
EMPLOYEE HOUSING MITIGATlONREOUIREMENT: r t . yo -v~(r, '7/'loO
Staff concludes that Condition No.8 of BOCC Resolution 94-233 (Detailed and Final Plat Approval),
which requires that a fully deed-restricted, Category 1 affordable housing unit be constructed on-site can be
mitigated by paying a cash-in-lieu amount equal to the cost of a one-bedroom, Category I Unit at time of
subdivision review (1994), plus adjusted CPr. If at the time of building permit submission the Code has
been amended regarding altemative mitigation for previously approved deed restricted rental units, the
Applicant shall comply with the Code in effect at that time.
1?S
RECOMMENDATION: Planning and Zoning Commission recommend that the Board pass the following
motion, "to approve the Bellock Major Plat Amendment on I" reading" subject to the following conditions,
and setting 2"d Reading for August II, 2004."
,
Memorandum: Bellock, Lot 4, :;"lllwater Ranch Subdivision Major Plat Amendment
July 28, 2004
. Page 6
ATTACHMENTS:
A. Draft Resolution
B. Zoning Comments
C. Application for excess allotments
D. Staff Memo to P&Z June I, 2004
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, GRANTING THE BELLOCK MAJOR PLAT AMENDMENT FOR LOT 4,
STILLWATER RANCH SUBDIVISION
Resolution No, _-2004
Recitals
I. Charles Bellock "Applicant", has applied to the Pitkin County Board of County Commissioners,
"BOCC", for a Major Plat Amendment to shift and enlarge the building envelope, create a
development envelope and amend a condition of approval that limits floor area on the lot to
allow for a day-lighted basement.
2. The lot is located east of Aspen, and is more specifically described as Lot 4, Stillwater Ranch
Subdivision.
3. The Planning and Zoning Commission heard this application at their regularly scheduled public
meeting on June 1,2004, at which time they recommended approval by a vote of 4-0.
4. The Board heard the request on 1'1 reading at their regularly scheduled and duly noticed public
hearing on July 28, 2004, at which time evidence and testimony were presented with respect to
this application. Second reading will be held on August 11, 2004.
5. The Board finds that this application is consistent with the applicable Sections of the Pitkin
County Land Use Code.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County
Commissioners that it hereby grants approval to the Bellock Major Plat Amendment subject to the
following conditions, which shall run with the land and be binding on all successors in interest:
1.
The Applicant shall comply with the provisions of BOCC Resolution Nos. 94-132, 94-156, 94-
233 and 99-108 unless otherwise replaced or amended by the conditions of this approval.
2.
The Applicant shall prepare an Amended Plat in accorct;mce with Pitkin Connty Land Use Code
Sections 5-40 and 5-60-040. -7 o-P [,...f- ?{.
3.
No development, including grading, excavation, fill placement, berming, lan~scaping, entry or
ranch gates, and vegetation removal or disturbance shall occur outside of the approved building
envelope except for access, grading, landscaping and wildfire mitigation, which can occur within
the designated development envelope. Construction, staging, parking, utility and driveway
extension and maintenance shall occur within approved building/development envelope, or
access driveway.
4.
. Prior to the submission of a building permit, the Applicant shall be required to make a cash-in.
lieu payment to the Aspen/Pitkin Housing Authority equal to the amount required for a one-
bedroom, Category I Unit at time of Final Plat Approval (1994), plus adjnsted DenverIBoulder
CPI to the date of building permit submittal.'\g at the time of building permit submission the
Land Use Code has been amended to provide for an alternate means of providing required
housing mitigation in cases where d.eed restricted rental units had been approved, the Applicant
shall comply with the amended terms of the Land Use Cod~
/'
vv~s
,'v., (l1'.
. . ,Jl
.~ f)
"IVr
\)(J"il '\ 0
.
,
Resolution No. -2004
Page 2
5.
Prior to the issuance of a building permit, the Applicant shall submit a landscaping apd gradil\g. Y1 l~an
to Corrununity Development for review and approval.'-7 b L- 1Nj,w.- ~pedk? wi '(vvJ"!;
Pursuant to Ordinance No. 022-2000, the Applicants are subject to the Fair Share Requirements
and shall pay a road impact fee.
6.
7.
Prior to the submission of a building permit, the Applicant shall be required to obtain an
AccesslDriveway Development permit for the construction of the new access.
8.
Lighting shall comply with the Pitkin County lighting standards at the time of installation.
9.
The residence shall have a floor area liqritation of 8,600 square feet as calculated at time of building
permit, with 2, I 00 square feet of floor area located on the lower level. Exempt sub-grade space
shall be limited to 1,900 square feet as calculated at time of-building permit, and shall maintain a
permanent separation (wall) from non-exempt floor area. The lot shall maintain a 750 square foot
exemption from the calculation of floor area for a garage.
10.
The Applicant shall adhere to all material representations made by the application or in public
meetings.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 28th day of June,
2004.
INTRODUCED AND FIRST READ at the regular meeting and public hearing on the 28th day
of July, 2004.
APPROVED AND ADOPTED AFTER SECOND READING on the 11th day of August,
2004
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLOR!ADO
Jeanette Jones
Deputy Clerk
Dorothea Farris
Chair
Date:
.APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
"'.I,.,CQ..~ krf\!-
C nd Houben,
Community Development Director
John Ely,
County Attorney
Case #040-04
PID #273718405004
MEMORANDUM
TO:
Ezra Louthis, Planning
FROM:
Joanna S. Schaffner, Zoning Officer
DATE:
May 10, 2004
RE:
Stillwater Ranch Subdivision
Lot 4, Major Plat Amendment
Parcel ID# 2737-184-05-004
-=-=-=-=-=-=-=~=-=-=-=-=-=-=-=-=-=-=-=-=-=-~-=-=-=-=-=-
I have reviewed the above referenced application and offer
the following comments,
l,Unless PUD setback variances have been or will be
granted, all development greater than 30 inches in height
above or below the natural grade must comply with yard
setback requirements. Development within building /
development envelopes is not exempt from yard setback
requirements.
2. The applicant proposes an amendment to allow an
additional 2,100 sf of floor area on the site, because the
applicant claims it can not meet the requirements of the
below grade exemption, thereby creating an "inequitable
situation" since the applicant is "unable to develop as
much exempt basement floor area .as these neighboring
properties" (Lots 2 and 3),
The Stillwater Ranch Subdivision approval curre~tly limits
development to 6,500 square feet of floor area (plus 4,000
square feet of below grade area and 750 square feet of
garage area exempt from Floor Area.)
The applicant states that the amendment would not change
the overall limitation on the size of the improvements on
the property, remaining at 10,500 square feet (same as Lots
2 and 3). This is unclear: 6,500 sf + 4,000 sf + 750 sq ft
= 11,250 square feet,
The below grade exemption was adopted in 1994 because it
was believed at that time, that the only impacts to large
homes was visual. Since below grade areas couldn't be
seen, they were exempted from floor area up to 4,000 sf.
,
Based on the AFR-2 zone district, the allowed floor area
for a 4.433 acre parcel is calculated using the following
sliding scale:
Lot Size: 4.433 acres x 43,560 sf = 193,101 sf
25,000 sf x .13 = 3250
25,000 sf x ,09 = 2250
50,000 sf x .05 = 2500
100,000+sf x .01 = 931
8,931 sf
The total allowed floor area for a 4.433 acre lot is 8,931
sf. Plus, if in the Urban Growth Boundary, (as is Lot 4)
the parcel is allowed a 4,000 square foot below grade
exemption and a 750 square foot garage exemption. Note:
Ponds are not deducted from lot size to determine lot area,
The applicant has not demonstrated that it cannot meet the
requirements of the below grade exemption. Because "the
lot is not flat" is obviously not an excuse as is evidenced
by all the below grade exempt areas on Red Mountain. The
fact that material from the gravel operation was deposited
on the site can be mitigated, This appears to be a design
issue and does not warrant a floor area amendment.
Zoning staff cautions against creating a precedent by
increasing allowed floor areas based on design issues.
ATTACHMENT
~-
RESOLUTION OF THE ASPEN PUNNING AND ZONING COMMISSION
GRANTING APPROVAL FOR ~9NDI:!10~ 1LSD.I1'LTHE.ACAP-IMtC;::J~.~ND
CONSIi:RY ADON (C}ZONE IH5-TRleTS;'SPECIAL REVUl:WOF PARKING REQt1IREMJl:NTS,
. "8040 GREENLINE REVIEW, AND STREAM MARGIN REV1EW FOR THE KIDS STIJFF
FOUNDATION DEVltLOPMENT LOCATED ON t.OT 5 OF THE STILLWATER RANCH
SUBDIV1SION, AND RECOMMENDING APPROVAL OF REZONING AND
CONCEPTUALlFINAL SPECIALLY PLANNED AREA (SPA) DEV1!:LOPMENT PLAN FOR THE
KIDS STUFF FOUNDATION DEVELOPMENT t.OCATED ON LOT 5 OF THE STILLWATER
RANCH SUBDIV1SION,
CITY OF ASPEN
Resolutioa 97~
WHEREAS, The Community Development Department received an application from The Kids
Stuff Foundation, for Conditional Use Review for donnitory houling, a health care fllOiHty and a dioina
ball in th,e_~~dmiQ_19~~.!..distr!~~d for a swig1m.~~1 i!!.!MJ~.onHrwariaD.zAJuullmict. Special
Review for pUidnS reCluirements in the Academic zone dlaDicl; 1040 Grecmlino Review; Stream Margin
Review; Rc:tOningj an~ ConceproaVFinaL Specially Planned Area (SPA) Review; and
WHEREAS, Pursuant to Section 26.60.040 of the Aspen Municipal Code. Conditional Uses may
be approved by the Planning and Zoning Commission; pursuant to Section 26.64.040 of the A5pcm
Municipal Code. parking requirements in the Academic zone district may be approved by the Planning and
Zonina Commission through Special Review; pursuant to Section 26.61.030 aftha Aspen MWlicipal
Code. 8040 Greenline Reviews may be approved by the Plannins and Zooina CommiS5ion. and pursuant
to Section 26.68.040 of the Aspen Municipal Code. Stream Margin Reviews may ~ approved by the
Planning and Zooml Commil!lsion. and
WHEREAS. Pursuant to Section 26.92.020 of the Aspen Municipal Code. the Planning and
Zoning Commission shall make a recommendation to the City Council reaardina requests to aDllllld the
Official Zone Dis.trict Map; and pursuant to Section 26.80.030 of the Aspen Municipal Code, the Pbuming
and Zoning Commission shall make a recommendation to the City Council TeaardJng Conceptu.allFinal
SpeciaUy Planned Area (SPA) Development Phll1 prop03als; and
WHEREAS. the Housing Office. City Engineering, Parks Department" Aspen Consolidated
Sanitation District, Environmental Health Department and Community Dovelopmenc. DepartmenC reviewed
the proposals and recommended approval of each witb condldons; and
WHEREAS. the above n:ferenced application was legally noticed for a public hearing; and
WHEREAS, during the public hearing at. continued meeting on March 11. 1997. the Planning
and Zoning Commission approved by. 5..() vote the Conditional Uses with conditions. the Special Review
with conditions. the 8040 Greenline Review with conditions, and the Srrcam MUlln Review with
conditionsj and.
WHEREAS. durina a public hearing at a continued meeting on March 11, 1997. the Planning and
Zoning Commission recommended .pproval by a ;$.0 Yote of the request to amend the Official Zone
District Map and the ConceptuallFinal Specially Planned Area (SPA) Development Plan proposal.
NOW. THEREFORE BE IT RESOLVED by the Commi$sioD:
UI~41!l1l~'UI'II~UJnl!l!'!J IIIIII111I111
7 ., II RD.... D.... " .... PITKIN COUNTY CUlRK
A. Conc1irional Use:
That the Conditional Use for JjarmitQ!Y..b~y~llli~ ll_b.!~I!.q~!!:t1,kiJity..~.ml,.Ilgi"YJ&Jlan (1) ~!t.A-"i1omic
(A) ~~~_!ij_stric.. and a swimmin& pool in me Conservation (C) zone district at Kid.a Stu'ff' Foundati~ on
Lot S of me Stillwater Ranch Subdivision i!li approvcdwith the following conditions:
1. Prior to the issuance orany building pennits the appllcun shall:
a) InstaJI any new surface utilities requiria& a pedestal or other above ground cquipmllnt on
an easement provtded by the property owner and not within the public ripts-of-way,
b) Locate any additional proposed construction in 5wch . way that it does not encroach into
an exi5tins utility. casement or public right-of-way;
c) Asreo to Jom any future lmprov.mcnt diSb'.ict(s) which may be formed for the purpose of
construmna improvement' in adjacent public rights-or-way: the agreement shall be executed
and recorded concurrently upon approval of this application;
el) Submit a "Sito Improvement Survey" to the Engineering Department;
e) Indicate all utility meter locations and traSh containment areas on final development
plans;
t)()( J".'l.
~'" ~..!;(tt h .(..'-l-
o Ensure that the project m~c1s all runoff dcsign standards of Section 26.88.04O(CX4)(f)
wllh the building permitapplicarion. and prDvide a dninaa;e n:port and mitigation plan signed.
and stamped by an engineer registered in the StBte of Colorado;
a,) Submit a permanent erosion control plan and a temporary ,ediment control plan anei
containment plan for the construction phase; an~
h) Needles and other contaminated items will need to bo handled as medical waste and the
operator will need to contract with a medica. w8stc pick up hauler to properly dispose of those
items.
2. Prior to the issuance ofa Certificate or Occupancy (CO), thc applicant shall:
a) Submit as-built drawings of the project showlna property lines. building footprint"
easements, any encroachments, entry points for utilities entering lb. prop8r1y boundaries and
any ather improvements to the Aspen/Pitkin County Data Processing DeplUtment in accordanco
with City GlS requirements, if and when. any exterior renovation or remodeling orth. property
. occurs that requires a building pennit:
b) Pennit Community Development Department and Housing OfficlD staff to inspect the
property to detennine compliance wi~ the conditions of approval;
c) Be required to sign a sidewalk. curb and gutter a&reament with the City;
d) Increaso the width of the access easement through the propeny to tWenty (20) feet In
order to meet omeraene)' access width requirements. and omera-eney access 10 the now building;
must be twenty (20) feet wide. That is, the d.rivlnl surf8cc must be twency (20) reot wide and
must be cle.ed of snow ror tho full width. A dedicated fire cneme turn aro\lnd that will n:main
freo ofparkod QIU'I, meeting FiR Marshal requirements, must be provided;
e) Pave the driveway; llnd.n
f) The Environmental Healrh Department shall approve both plans and spccifica1ions of all
food service racilitles. A minimum of twO (2) weoks shall be necessary for the Depanment [0
review and approve plans. Also, final approval from the Environmental HeaItb Department is
required before opening for business. and prior to issuance ofa CoLorado food Service L.icense.
111111I1111I11111111111111111I111 nllll III 11111 11ft 1111
4_i4 II/D""" U,4M allDINIIlCI
. .f ii R II." D.... N .,.. PITKIN COUNTY CLERK
.
3. Also prior to issuance of a~y building permits. the applicant shldl consult with City departments
regarding the following:
II) Ci.ty Engineering for design of Improvements. including landscaping. within public
righl5-of-way; .
b) Parks Department fot' tree removal. landscaping, and lolcction of vogetative species. as
well as provisions for trail easements and fencing design;
c) City Streets Depammmt for street Improvements. and ~b.1I obtain ponnits for any work
or d.evelopment. including landscaping. within publiC: rights-Of-way; and.
d) Aspen Consolidated $aniwion District and the Department of Environmental Health for
drainage provisions for the swimming pool. grease and oil interceptor provisions for the
kitchen. oil' and sand interceptor provisions for the laraBc. and blood borne "and haz.ardous
waste disposal provisions for the medical suite.
4. Prior to the isslIAnce of any building pc:nnits, a revicw of any proposed minor changes from the
approvals. as,sct forth herein. shall be made by the PI~ninl and Enaineerins Departments, or
referred back to the Planning and Zoning Commission.
S. One (I) year after the commencement of operation, Il11 employment audit shall be conducted by
the Houalna Department.. The permanentstatf units shall be deed restricted with. priority for Wile
of these unIts to personnel of the Foundation. and categorized as to those employoos ",siding In
the units (Category 1.2. or 3~ but Category 4 for the two-bedroom. lowet-Ievel unit).
6. Deliveries to tho facIlIty for all services (i.e., food, mcdtcal supplies. etc.) shall be ltmited to the
hours between 6:00 a.m. and 7:00 p.m.. and consolidation of deliveries will bO implemented to the
maximum extent practicable.
7. All material rcprcacntations made by tho applicant in this application and during public m_tings
with the Planning and Zoning Commission shall be adhered to and sball be considered conditions
of approval, unless otherwise amendecl by 8 BoardICommission having authority to do so.
B. Special Review:
That the Special Review for off-street parking requirc:mcnls in the Academic (A) zone district at Kids Stuff
Foundation on Lot S oCtho Stiltwe.ter Ranch Subdivision requiring three (3) .Braced parkina spaces for
V8J1S and IC,n outdoor parklng spaces meets the standards of Section 26.64.040(8) of the Aspen Municipal
Code and is approved with the fol1owiol conditions:
I. One (l))'car .fter commencement orm. facility's operation. I. parking audit/study be conducted
by the appHcanl ed lubmitted to tite Community Development Department for ",view. If the
findings indicate th.t thCl provided parkin. is net adequate., mitigation wtll need to be proposed by
the applicant and approved by the Commission pursuant to Special Review in accordanco with
Section 26.64.040(8) of the Municipal Code.
2. All material representations made by the applicant in this pppliclUiol\ and durin. public meetings
with the Plannina anti Zonina Commission shall be adhered to and shall be considered conditions
of approval. unless otherwise l1mended by a BoardlCommisliion having authority to do so.
c. 8040 Greenlin Review:
That the 8040 Orecnline Rnlcw for the Kids Stuff Foundation development propOsal on Lot S of the
Stillwater R.aach Subdivision meet. che standards of Secoon 26.68.030 of lb. Aspen Municipal Code and Is
approved with the following condltlons:
1 111111 11111 11111111111 1111 1I111 111111 III IIUI 1111 1111'
_i4 .,un..., u._ _11lIlNCIl
. ., U It 11I,11 D '.11 N .... I'ITlCIN COUITY CLDK
,
I. Regarding the horse fllCllitiC$:
a) Careful housekeeping. and cleanup of allllreas shall occur on a regular. daily basis;
b) RunofTthrough this arca shall be controlled by ~n::attna dlv.nlon swales to keep runotrfrom
the .nabla ar.. ftom trav.Una otTthe property or Into nearby riven;
c) One (I) year after commencement Oflhc ftt.citity's operation. a hone population and walei'
quality audit/study shan b. conducted by the applicant and submitted to the Community
Development Oepanmcnt for Avicw. I(the fmdinp indlclltC that the water quality is below
acceptable leveJs. a fifty (50) foot buffer &om are.. that could be easily contaminated, such
u the river. loo..ycar flood plain and wetlands. will be implamcnced and maintained to
protect ri~rjan vegetation. alluvial soils and groundwater and sutftce water;
d) An evaluation shall be clone to determine the "carrying capacity.. of the area for horses as
compaRd 10 land area available;
e) If con"ml arise, the AsponIPilkin Environmental Health Department reserves the right to
require wat.r quality samplinl.at the ownor's expense~
2. Prior to issuance of my building pennits or us. orthe facility. the applicant shall provides proof to
the AsponIPitkin Environmental Health Department that proposed midgation measure.! are
sufficient to offset increases in PM\o and traffic caused by the project;
3. At leut thirty (30) days prior to issuance ofa building pcnnit. the plans and specifications
complete with piping layoLl~ equipment and mechanical specilx:ations along with desisn
calculations, shall be submitted for review and .pproval by tho AspenIPitkin Environmental
Health Department;
4. All material repr'eScmUltions made by the applicant in this application and durinJl public mecthla:5
with the Plarmina and ZODm& Commhi5ion shan be adhered to and shall be considered conditions
of approval. unless otbcrwiH amended by a BoardfCommission baving authority to do so.
D. Sueam Margin Review:
That the Stream Margin Review for lbe Kids Stuff Foundation development proposal on Lot 5 oClhe
Stillwater Ranch SUbdivision meab the standards of Section 26.68.040 of the Aspen Municipal Coda.nd is
approved with tbe following conditions:
l. The tlPpllcant shan work with [he Parks Department to design a fence around the stable with rail.
logs that arc capable of being dismantled to allow debris associated with nood waters to pas.
through the property;
2. The proposed toeation of the swimmin& pool and h~rse stable be moved to at least fifteen (U)
from the edge' of th. top of slope. as determined by the Aspen Engineering Department. All
portions of all strucNrcs!constNction must faU within the approved bullding envelope;
. I
3. If an)' outdoor Ughtina is propMed. said lightll\a shall be low and downcast with no Upt(s)
directed toward the river or located down the slope. Any and all outdoor lighting will feature
down.ditectional and sharp cutaoff fixtures: .
4. A plat documcnllng the approved building envelope as related to surveyed infonnatlon shall be
submitted to and approved by the Aspen EncinOGJinl Department. This plat 5h.:11 include revised
site sections meeting the standard sel forth by Section 26.68.040(8)(10). anp shall be rccorde4
within 180 days ofstrcam marain review .pproval; .
11111111111111111111111111111I1111111111111111111111111
4_14 ..,a3ISM7 11,_ OIIDZ-.r
1. .f 11 II ..... D.... N .,.. ..ZTlCIN CClUNTY CLl!R
..
.
111111I1111I11111111111111111I11111I1111111111111111111
"'1' ./23/181'l' 11 ,.. 01101_
11 .f Ii II !IlI,11 D 1.11II " '.11II 'ITlCI" COUNTY CLEIl
s. All material reprcscnlations made by the applicant in this application and during public meetings
with the Plannina and Zonlna Commission shall be adhered to and shall be considered. conditions
of' approvDI. unless otherwise: amended by . BoetdICommission ha.vina authority to do so.
E. Rezoning:
That a recommendation to approve the rezoning as requested by the applicant. provided Ihe annexation
request Is approved. is forwarded to the City Council. That ts. tho Commission recommonds to Council
that the subject parcel be zoned Academic (A) on the upper bench, Conservation ee) on the lower bench.
and Spcc:ially Planned Area (SPA) overlaying the entire parceL subject to both the dimensional
requirements adopted by Council throuah the approyal of'a Specially Planned Area and the parkinS
requirements adopted by the Commission through the approval, with two (2) conditions, oftha Special
Review request.
F. Specially Planned Area:
That tho Commission recommends that Council designate Lot S of the Stillwater Ranch as a Specially
Planned Area (SPA) and allow for the cOl1$ol.idation ofconcep1\UlllUld rma) SPA reviow. The Commission
further recommends that. Councll accept the following dimensIonal requi~entl for the Academil;: (A)
zone di~uic:t portion of the SPA:
1. Minimum Lot Size: 6 acres
2. Minimum Lot Area Pcr Dwelling Unit: 1.5 acre per unit
3. Minlmum Lot Width: 200 feet
4. Minimum Front Yard: 30 feet
5. Minimum Side Yard: 20 feet
6. Minimum R.car Yard: 20 fccc
7. Maximum Heighc: 28' to the mld..polnt of the roof, as measured on all sides of the building.
except for the east elevation, which shaU not exceed 32.5' to the mid..poinL
8. Minimum Distanco Between Principal and Accessory Buildings: No requirement, exc:opt 'Chat
required by building codr_
9. Percent of Open Space Required for Building Site: 30 percent
10. External Floor Area Ratio: Floor area shall not exceed 14.QQO...sq~t
11. liitemiilFloorAfiilRllI10: ('\10 requirement.
In addition. the Commission recommends th~a' c.ounCiI finds that the proposed SPA meets all applicable
standards (1.8) ofSecUon 26.80.04O(Bl..'tnd. auld be approved with the conctition that an SPA plat
shaH be approved by the Engineerjp& ~JW)p1e rded within 180 days final SPA approval.
,t........ -":':,";' ..... ,"'-
G I Pr ., ,'" ~ / 'f. ,
O. enera QVlllons: .":'" .J.. ........ ~,'1 I~.."')
.'" .... ",-.. ......}o...
That this Resolution shall not be'~oJlf\, ~~.;lv~o4fI11';,:~)I until thl: City Council approves tho
Petition for Annexation by duly e~(iP1c~-"clng the subject property to the Cit)' of
A . ( l"....
speno , I. t. '1 r'" r
.--... ... .... J"'-
Ail material representations made by the apPI~5' fh is applIcation and during public meetinas
with the Plannina and Zoning Commission shall . cd to and shaJl be considered conditions
orappro"al, unless otherwise amended by 8 Board/Co mission having authority to do so.
I.
2.
APPROVED by the Commiss[on aT its continued meeting on March II. 1997.
kie Lothian, Deputy City Clerk
Planning and Zonine; Commission:
~;;1:.atc~
7JJatd /1"', / yP:r
Attest:
__._.,.._.. '0_' . ....-..--.------...------'..
~
~!l~}UI/U~I!AI\I,I!WIl!!!U!lIIIIIIIIIIIIII A IT ACHMENT
1 .f 11 R e'.1I D.... N .... PITKIN COUNTY CLERK
.6
coni.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN. COLORADO, TO
APPROVE THE CONCEPTUALlFINAL SPECIALLY pLANNED J\1tEA (SPA)
DEVELOPMJtNT pLAN AND TO REZONE LOT 5 OF THE STILLWAT&R RANCH TO THE
ACADEMIC (A) AND CONSERVATION (C) ZONE DISTRlCl"S. AND TO GRANT A GMQS
EXEMPTION FOR A NON-PROFIT ENTITY QUALIFYING AS
AN ESSENTIAL PUBUC FACILITY
ORDINANCE No. -11-, SERIES OF 1997
wHEREAS, the owner of Lot 5 of the Stillwater Runeh Subdivision, Kids Stuff Foundation,
(hereafter "Applicant'") submitted an application (hereafter "Plan") to the Community Development
Department to TClZOnc to the Academic and Conservation zone districts und to .designate the property as a
Specially Planned Area (SPA); and
WHEREAS, the Applicant has also requested approval of a GMQS Exemption to recognize the
Foundation as a nonprofit entity qualifying as an essential public facility pursuant to Section
26. I 00.OSO(CX2Xa)((3)) of the Aspen Municipal Code; and
WHEREAS, Lot S of the Stillwater Subdivision contains approximatelY 6.457 acres located in
Pitkin ,?ounty, immediately adjacent to the City of Aspen, in thc~!~,~~~~!!~.~istrict and
WHEREAS, the City Council, by Resolution No. 6S, Series ot" 1996 and Resolution'No. 3, Series
of 1997, at its regular mectlngs on November 19, 1996 nnd January 13, 1997, respectively, did find the
subject parcel to be eligiblo for annexation. meeting the provisions ofthe Municipal Annexation Act of
1965; and
WHEREAS. the Planning and Zoning Commission reviewed the Plan in accordance with those
proccdunlS set forth at Sections 26.92.020 and 26.80.030(A) and (B) oftlte Aspen Municipol Code and did
col,1duct p~blic hearings'thereon on Ma"?h 4, 1997 and March 11, 1997; and
o W~REAS, upon rev iew and consideration of the Plan. agency and pubJjc comment thereon. and
those applicable stan":-ds as contained in Chapter 26 of the Aspen Municipal Code, to wit, Section
26.92.020 (Text and Map Amendments) nnd Section 26.80.040(6) (Development in a Specially Planned
-.----...------.....-----..-.--
,
111111I1111111111111111111111I1111111111111111111111111
411M14 M/23/1'" 11,41" OlIDINIlIlCI
:I .f 11 II ea." D '.1Il8 N '.11I PITKIN COUNTY CU!IlK
Area), the PlaIUllng and Zoning Commission recommended approval of the Final SPA Development Plan
and the-proposed map amendment by a vote of5-0. and
WHEREAS, pursuant to Resolution 97-04. the Planning and Zoning Cummission further granted
Special Review approval for parking and Conditional Use Review approval for dormit01}' housing. a health
care facility and a dining hall in the Academic zone district, and a swimming pool in the Conservation zono
district; and
WHEREAS, pursuant to Resolution 97.04, the Planning and Zoning Commission further granted
8040 Greenline Review and Stream Margin Review approvals; and
WHEREAS. the Aspen City Council has reviewed and considered the 'Plan under the applicable
provisions of the Municipal Code as identified herein. has reviewed and considered those rc:commondations
and approvals as granted by the Planning and Zoning Commission in Resolution 97-04. and has taken and
considered public comment at a public hearing. and
WHEREAS, the City Council finds that the Kids Stuff Foundation is ;1. unique instiwtlon yrohich
--------~
e~~~~~_~':I.!:_~o~munity, and that designatinll t~PNpcrt)UlS.1LSpeciatly _PI8_nl1e.!t~rea bcno.!11~_.!P~'s
r!.:-~~nt!...~~~!sitO!.5_by~~~oWi!!8-f!~~JpJlitY-!QJlc;~mmodato tht!__yari~Y-.Of proposcd-usc:&...Mld
WHEREAS, the City Council foods that the proposed uses at t!!,,_UJ!l?~r.J1M-,."-(dcscrlbe<l-es "The
West Part ofLct Sit in Exhibit "A'') of Lot S of tho StUlwater Ranch Subdivision arc consistent with the
purpose <?f~e__Ac~~~!~.~ne di~!ct "10 establish lands for education and cultural activities with attendant
-----".. - - ,
research, housing and administrative facilities"~ and
WHEREAS. the City COW1cil fmds that the propose~ uses at tho lower bench (described as "The
East Part of Lot S" in Exhibit "A"l) of Lot 5 of the Stillwater ~h Subdivision are consistent with the
p~l!..~oftb.e ~nservatiQ.n...ZQllcuU~to provide areas aflow density development to enhance public
recrea~!on. co~~atural resourcesl encouIllge the production of crops and animals. and to contain urban
develo:e~~l]f"; and
2
._._-~-_.- . -.. -.. --.
.
U!VU!~H~I!J!I'll!!lII!!~11111111II1111
3 ., II R ,.... D.,.. N .... ~rTKrH COUNTY CLERK
WHEREAS, the City Counc;;:il finds that proposed housing units wi II be deed-restricted in
accordance with the housing guidelines. an: compatible with surrounding uses and will hllve a mini~aI
impact on the land; and
WHEREAS. the City Council finds that the proposed use qualifies for a OMQS Exemption as a
nonprofit entity pursuant to Section 26.IOO.OSO(CX2XaX(3)) of.he Munieipal Code; and
WHEREAA the City Council finds that the Plan is consistent with the goals and elements of the
Aspen Area Community Plan and with the public welfare and the purposes and intent of Chap lor 26 of the
Municipal ~e.
NOW THEREFORE BE rr ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO.
SeMln. t, Pursuant to Section 26.92.020 (Standards of Review) of tho Aspen Municipal Code, the City
Council finds as follows in regard to the proposed map amendments:
1. The proposed amendments are not in ~onnict with the provisions ofCbapter 26 of the Municipal
Code or the Aspen Area Community Plan.
2. The proposed amendments are compatible with surrounding zone districts and land uses, and wiJ I
have a minimal impact on the natural environment.
J. The propO$Od amendments will promote the public interest and character of the City of Aspen.
Sectinn 2:; Pursuanllo Soolion 26.92 of the Aspen Municipal Code, the City of Aspen Zone District Mop is
hereby amended to rezone the upper bench of Lot S of the Stillwater Ranch Subdivision. described in
Exhibit "A" as "The Wcst Part of Lot 5," to the Academic :z:onQ district with a SpeeiaJly Planned Area
(SPA) OVerlay, and the lower bench of Lot S of the Stillwater Ranch Subdivision, described in Exhibit"A ~
as liThe East Part ofLat s.n to the Conse,rvation zone district with a Specially Planned.Ana (SPA) Overlay.
The legal description is attached as Exhibit ItA,"
3
,
.tt..
111111I1111I11111111111111111I1111111111111111111111111
4""4 "'U"..-r U.4l11l OIIDI_CE
4 .1 " R 58,ee D.... N e.ee ~ITKIN COUNTY CLERK
~l'!tlnn 3: Pursuant to Section 26.1 OO.OSO(C)(2)(a)((3)) of the Aspen Municipal Code. the Kids. Stuff
Foundation is hereby granted a GMQS Exemption os a nonpro1it entity qualitying as an essential public
facility.
~ttnn 4: Pursuant to the findings set forth in Section 1 above, the City Cnuncil's approval of the Plan is
subject to City Council approval orlhe Petition for Annexation by duly enacted Ordinance annexing the
subject property to tho City of Aspen, and is subject to the following conditions:
1. The applicant and tbe City Council shall enter into an SPA agreement binding the real property
to any conditions placed on the development order approving the final development plan.
2. The final development plan. which shall consist of the site plan nfthc entire site; site
improvement survey of the area being developed, including building footprints, utilities,
casements, and landscaping; building elevations; and the Specially Planned Area (SPA)
agreement. shall be recorded in the office_Of the Pitkin COunty. Clerk Rnd R~col'!i.!~. and shall be
b~~~~n~, u1!~..! p~perty. owners subject tot'iledev,?~pm~~Ofilc~,cir successors and assigns.
and stia>> constitute the devewprnent regulations for the property. Development of the property
shan be limited to the usos~ density, configuration. and all other elements and conditions set forth
on the final development plan and SPA agreement. Failure on the part of tho applicant to record
the final development plan and SPA agreement. within a period of on~ hundred and eighty (180)
da.ys following it9 approval by City Council shall render the plan invalid. Reconsideration of the
final development plan and SPA agroement hy the Commission and City Council will be
required before its acceptance and recording.
3. The tinal development plan shall be recorded prior to submisston of any building permits for tbe
proposed housing units.
4. All conditions imposGd by the Planning and Zoning Conunission.s March 11, 1997 Conditional
Use. Special Review. 8040 Greenlino, and Stream Margin .Review approvals. as outlined in
Resolution 97.04, shall carry forward 85 condition-s of tho City Council approvals granted
pursuant to this Ordinance.
5. No construction or building permits shall be issued until the parcel hl\S been tinally annexed into
the City of Aspen.
6. All material representations made by the applicant in tho application aod during public hearings
shall be adhered t.o and considered conditions of approval. unless otherwise amended.
Seetlon ~; 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.
4
, ..
111111I1111111111111111111111I11111I111 III 11111111I1"1
485a14 08/23/1117 11.4.. ORDINANCE
5 01 11 R 5a,ee D '.18 N 8,81 PITKIN COUNTY CLERK
Section 6: If any soctiOll, ~lIhScclj()lI, scn1encl.:, ChUlSl.:. phrase, or portion ofthi. Ordinance is for any
reason hold fnvaUd ('I" Ul1ctmtstltullonal in II COlin af eomp..'liJntjul'isdictlon. slIch portion shall be dllemed a
separate. distinct and indepcndcnl pmvisioll am.l sJml1 not ntlcct the validity aCme remaining portions
thereof.
~ectlnn 7: A public hl.:uring on lhe On.linnJ1ct' was held UIl th~ 14th day of April. 1997.. at 5:00 p.m. in the
City Council Chambl.:r:;. Aspen Cily Hnll. ^spen C(1Jomdll, Hfteen (IS) dllY:-; prior to which hearing a public
notice of the same \,,"'US pub I isht..-d in it ncwspallCr of g'-lpuml circullltion within the City of Aspen.
SeettnJl II: This Qrdinunce shall not become (..flecti....e unles~ and until me City Council approves the
Petition for Annexation by duly cnacled Ordinance anne:ting the subject propertY to the City of Aspen.
APPROVED AS TO FORM.
APPROVED AS TO CONTENT'
o---\+;-
City Attorney .
Community Development Director
INTRODUCED. READ AND OR1>ERED PunLlSHED lIS provided by law, by the City
"-
Council ofthe City of Aspen on lh....z..y. day of ...al.a uf"", . 1997.
~ {:5---~~
~lt~MaYOr
,.' -"( t. ~
//''v~.,.. ....
, " It:,.
..Katit!W' S.
'. '
.; hi, :: FINALLY ndopted. pllssed nnd approved this ;1 day o~ 1997.
,jiJ.". '.'~~..1.I:'<,.'..,.,,' ~:z 1~
.'I" .....' lett. Ma' l7 ___-A> ~. .j
,./' <.: John Be. ett, Mayor
f Attc:;:
i ..:.
..
~-
. -, Kalll'yn S. K
~~
C;ty Clerk
.
i,
'~.i,-t..
s
. . '"
3'''1.4-19974:gIPt.1
FROI,1 PAPER CHASE/PAGES g70963B7QQ
iO!tV't4ANGEf .....1. 19n.{.
'I ExltlS"\" jA;'
11111111111I111111111111\1111\111\1111\ 18 11111118 111\
_14 '''23''.'' 11._ OIIDI_
I of II Rill." D '.11 N I." "ITKIN coutlTf CLERK
Alpino Surveye. Inc~
Post Office 80)( 1730
Aspen. COloradO 81612
970 925 2668-
MARCH 14. 1997
JOB NO. 97-1 KIDS STUPF FOUNDATION
LEGAL DESCRXPTIONS FOR ~-ZONXNG OF
LOT 5. STILLWATER RANCH/P.U.D.
DESCRIPTION OF THE WEST PART OF LOT 5
THE WEST PART OF LOT 5. STILLWATER RANCH SUBDXVISIONI
P.U.D.. PXTKXN COUNTY. COLORADO MORE PARTICU~RLY
DESCRIBED AS FOLLOWS.
BEGINN:tNG',A'l: THE ,WEST. CORNER 'O!" SAID LOT 5,
THENCE SOUTH 84"01'42" EAST 199,73 FEET;
THENCE NORTH 09024'26" EAST 417..59 FEET:
THENCE SOUTH 89"13'19" EAST 28.00 FEET:
THENCE SOUTH 51"15'00. EAST 65.00 FEET,
THENCE SOUTH 36030'00" EAST 132.26 FEET,
THENCE SOUTH 327.32 FBET,
THENCE NORTH 77015'00" WEST 90.00 FEET;
THENCE SOUTH 10"47'00. WEST 246.66 FEET I
THENCE NORTH 30.14' 46" WEST 1.92.41 FEETI
THENCE 153.02 FEET ALONG THE ARC 01" A NON-TANGENT CURVE
TO THE LEFT HA~NG A.RADIUS OF 60.00 PEF.T AND
WHOSE CHORD BEARS NORTH 40003'50. WEST 114.00
FEET I
THENCE NORTH 55"45'00" WEST 45.46 Fl!:!:T,
THENCE NORTH 52022'39" WEST 46.93 FEET TO THE POINT
OF BEGINNING,
CONTAl:NING 2.562 ACRES, MORE OR LESS,
DESCRIPTION OF THE EAST PART OF LOT 5
THE EAST PART OF LOT 5, STILLWATER RANCH SUBDIVISIONI
P.U.D.. PITKIN COUNTY, COLORADO MORE PARTl:CULARLY
DESCRIBED AS FOLLOWS,
BEGINNl:NG AT THE NORTHEAST CORNER 01" SAID LOT 51
THENCE SOUTH 00.09'36. WEST 168.99 FEET,
THENCE SOUTH 32"27'17" EAST 73.71 FEET'
JAN. 16.2007 2:00PM
OATES KNEZEVICH GARDENSWARTZ .
NO. 9248' P. 2
lEONARD M. OATes
RICHARQAKf'l~V1CH
TeD D. GARDeNSWARlZ
DAVIDa. KELLY
MARIA MOI\ROW
LAW OF' ICES OF
OATES, KNEZEVICH, GARDENSWARTZ & KELLY, P,C.
pA.or-eS'!IJONAl CORPORATION
l104I'W: ROOR. ASpeN PlAZA BULD1NG
533 E. HOP~S AV!NUlii
A6Pl!N. COLORADO, 81811
lELl.PHONE (970) 9'20.1700
~^CSIMILe (9701920-1121
OF COUNSEL.
JOJ.lN T ",ell. Y
clbk@QlfQlaw.n:I1'TI
ANNE MNUE McPl'IBli
J anua:ry 16, 2007
VIA F ACSlMILE
(970) 588-3786
Little Star Foundation
c/o Andrea Jaeger, Director
405 Rancho Milagro Way
Hesperus, CO 81326-8752
ReI Lot 5 Stillwater Rllllch
Dear Ms. Jaeger:
I am the attorney for the Stillwater Ranch Open Space Association. At our last annual meeting
held on August 2, 2006, the Silver Lining Rmch indicated its desire to sell Lot 5 at Stillwater Ranch for
single family use. This would require a re-zoning from'its current academic zoning, The .Association
instructed me to prepare a letter indicating that the Association would support a change in zoning on Lot
5 from academic to single family use, but would not support any other rezoning. The pmpose of this
letter is thus to indicate the support of the Su11water Ranch Open Space Association for a change in
zoning on Lot 5 from academic to single family use. This letter will also confirm that upon the sale of
Lot 5 to a third party and upon its retum to single family zoning, the new owner of Lot 5 would be
entitled to vote as a mCDlber of the Association pursuant to the t=s of the Protective Covenants.
Please feel free to contact me with any questions.
Sincerely,
OATES, KNEzEVICH, GARDENSWARTZ & KELLY, P.C.
~ -'C/
John T. Kelly for David B. Kelly
DBK/maf
zoo/zoo ~
~1V3H Nosao~vr NNV10HV~ XV~ Zt:SI aaL LOOZ/91/10
r
Ltttle Star
The City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Re: Petition for Disconnection by Ordinance - Lot 5, Stillwater Ranch Subdivision, 1490
Ute Avenue, Aspen, Colorado
Dear Mayor Klanderud and Members of the City Council:
The Little Star Foundation has submitted a Petition for Disconnection of its above-
referenced real property. The Petition was submitted on or about March 6, 2007 by our attorneys
Neiley & Alder and our planners Davis Hom, Incorporated. Please accept this letter as
confirmation that Little Star Foundation wishes to proceed with the Petition for Disconnection and
that our attomeys and planners are authorized to act on behalf of the Little Star Foundation in
connection with the Petition.
Thank you for your consideration of this matter.
Very truly yours,
LITTLE STAR FOUNDATION
By S;'
Sister Andrea Jaeger
Little Star Foundation. 256 Rancho Milagro Way. Hesperus, Colorado 81326
800.543.6565 . www.1ittlestar.org.info@littlestar.org
Vila..
lIIJ[ellJl1o::ra.n..d..........
The OilY 01 AlpeR
OilY AlIDrney's Omee
TO:
Mayor and Members of Council
FROM:
John P. Worcester
DATE:
April 23, 2007
Ordinance No. /,g' ,Series of 2007, to Disconnect Lot S, Stillwater Ranch
Subdivision from the city limits ofthe City of Aspen
RE:
Attached for your consideration and review is a proposed ordinance that, if approved, would
disconnect Lot 5, Stillwater Ranch Subdivision from the city limits of the City of Aspen.
The parcel proposed for disconnection is part of the Stillwater Ranch Subdivision located on the
eastern edge of the City limits. Attached please find a Petition for Disconnection by Ordinance
submitted by Sister Andrea Jaeger, the founder of Little Star Foundation. The petition describes
the reasons for the request and history of this parcel.
I have asked city staff members to be present at the second reading and public hearing of the
ordinance to describe any issues that the city staff may wish to bring to City Council's attention
before approving the ordinance.
State law authorizes City Council to adopt an ordinance to disconnect lands that are within and
adjacent to the boundary of the City of Aspen upon the filing of an application by the property
owners and a finding of the Citv Council that the best interests of the Citv would not be
preiudiced bv the approval ofthe disconnection.
The attached proposed ordinance contains the requisite findings and, if adopted, would
disconnect the parcel from the city limits of the City of Aspen.
If you have any questions regarding this matter, please contact me.
REQUESTED ACTION: Approval of Ordinance NO.~, Series of2007, on first reading.
CITY MANAGER'S COMMENTS:
cc: City Manager
JPW. saved: 4/1612007-285-G:~ohn\word\mernos\Litt]e Star disconnect.doc
ORDINANCE NO.
(Series of 2007)
18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING THE DISCONNECTION OF CERTAIN TERRITORY FROM THE CITY OF
ASPEN, COLORADO, KNOWN AND DESIGNATED AS THE "LITTLE STAR
FOUNDATION RANCH DE-ANNEXATION."
WHEREAS, on March 7, 2007, the owner of the property proposed to be disconnected from
the City of Aspen did file with the City Clerk of the City of Aspen a "Petition for Disconnection by
Ordinance" pursuant to Section 31-12-501, C.R.S; and
WHEREAS, Section 31-12-501, C.R.S. sets forth the procedure required to disconnect a
tract ofland within and adjacent to the boundary of a city.
WHEREAS, the City Council does hereby find and determine that approval of the Petition
for Disconnection 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:
Section I.
That the tract of land described in the Petition for Disconnection,
commonly referred to as the "Little Star Foundation Ranch de-annexation", and as legally described
below, is hereby disconnected from the City of Aspen, Colorado, in accordance with Section 31-12-
501, C. R.S.
Lot 5, Stillwater Ranch SubdivisionIPUD, according to the Final Plat thereof recorded
December 30, 1994, in Plat Book 35 at Page 86 of the real property records of Pitkin
County, Colorado.
Section 2.
The City Clerk of the City of Aspen is hereby directed as follows:
(a) To file one (I) certified copy of this ordinance in the office of the City Clerk of the
City of Aspen.
(b) To certify and file two (2) copies of this ordinance 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 ofthis
ordinance with the Division of Local Government of the Department of Local Affairs, State of
Colorado.
Section 3. 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
ordinance.
Section 4. The land so disconnected shall not thereby be exempt from the
payment of any taxes lawfully assessed against it for the purpose of paying any indebtedness
contracted by the City of Aspen while such land was within the limits thereof and which remain
unpaid and for the payment of which said land could lawfully be taxed.
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 ofthe remaining portions thereof.
Section 6. That this ordinance shall not have any effect on existing litigation
and shall not operate as an abatement of any action or proceeding now pending under or by virtue
of the ordinances amended as herein provided, and the same shall be construed and concluded
under such prior ordinances.
A public hearing on the ordinance shall be held on the _ day of
City Council Chambers, Aspen City Hall, Aspen, Colorado.
,2007, in the
2
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the _ day of
ATTEST:
Kathryn S. Koch, City Clerk
PINALL Y adopted, passed and approved this
,2007.
ATTEST:
Kathryn S. Koch, City Clerk
,2007.
Helen Kalin Klanderud, Mayor
day of
Helen Kalin Klanderud, Mayor
JPW- saved: 3/8/2007-592~G:\john\word\ords\little star disconnect.doc
3
MEMORANDUM
TO:
Mayor and Council
FROM:
Lisa Dawson, Controller/Assistant Finance Director
THRU:
John Worcester, City of Aspen Attorney
DATE OF MEMO:
April 16, 2007
MEETING DATE:
April 16, 2007
RE:
Financial Impact of Proposed De-annexation of Silver Lining Ranch
SUMMARY: Silver Lining Ranch is requesting de-annexation from the City of Aspen. The City
of Aspen Finance Department researched the financial impact of the proposed de-annexation.
There does not appear to be any significant revenue losses to the City currently from de-
annexation because of the non-profit status of Silver Lining Ranch. However, future Real
Estate Transfer Taxes (RETT's) and the City of Aspen's portion of property taxes could be
significant if the property is sold to a non-tax-exempt entity.
BACKGROUND: As of April 2006, the Silver Lining Foundation merged with and took on the
name of the Little Star Foundation. The Little Star Foundation is an IRS Code Section 501 (c)3
non-profit-organization; as such, they are currently tax exempt from property taxes and Real
Estate Transfer Taxes.
DISCUSSION: It appears that the amount of revenues attributable to the City of Aspen from the
Silver Lining Foundation's/Little Star Foundation's current 6.47 acres within the city limits are
relatively negligible due to the non-profit status of Little Star Foundation. Future Real Estate
Transfer Taxes and the City of Aspen's portion of property taxes might accrue to the City of
Aspen should the property be sold to a non-tax-exempt entity.
According to the Pitkin County Assessor's records, the current "actual value" of the subject
property is approximately $12,600,000. If this property were to be sold currently to a non-tax-
exempt entity, the estimated RETT's to be derived from such a sale would be approximately
$200,000+ each time the property were to be sold.
According to the Pitkin County Assessor's records, the current "assessed value" of the subject
property is approximately $3,655,000; if this property were to be sold currently to a non-tax
exempt entity, the estimated property tax loss to the City of Aspen would be approximately
$20,000 + each year.
FINANCIAL IMPLICATIONS: Currently, there would not be a significant revenue loss to the
City from de-annexation because of the non-profit status of Silver Lining Ranch. However, if
the property remained within city limits and if the property was sold to a non-tax exempt entity,
future Real Estate Transfer Taxes and the City of Aspen's portion of property taxes could be
received by the City of Aspen.
CITY MANAGER COMMENTS:
1
Apr 10 07 04:48p
Yanaris Nieves
760-436-6196
p.2
r
Ltttle Star
The City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Re: Petition for Disconnection by Ordinance - Lot 5. Stillwater Ranch Subdivision, 1490
UteAvenue,Aspen,Cokxado
Dear Mayor Klanderud and Members of the City Council:
The Lmle Star Founclalion has submitted a Petition for Disconnection of its above-
referenced real property. The Petition was submitted on or about March e, 2007 by our allorneys
NeUey & Alder and our planners Davis Horn, Incorporated. Please accept this letter as
conflnnalion that Uttle Star Foundation wishes to proceed with the Petition for Disconnection and
that our attorneys and planners are authorized to act on behalf of the Little Star Foundation in
connectioo with the Petition.
Thank you for your consideration of this matter.
Very truly yours,
LITTLE STAR FOUNDATION
'" S;,;\w ILL.b
Sister Andrea Jaeger
Little Star Foundation. 256 Rancho Milagro Way' Hesperus, Colorado 81326
800.543.6565 . wv.ow.littlestar.org . info@littlestar.OTg
PETITION FOR DISCONNECTION BY ORDINANCE
(De-Annexation of a 6.487-Acre Parcel)
Before the Aspen City Council
Applicant:
Representatives:
Little Star Foundation
formerly known as Silver Lining Foundation
and Kids Stuff Foundation, Inc.
256 Milagro Way
Hesperus, CO 81326
Richard Y. Neiley, Jr.
Neiley & Alder, Attorneys
201 North Mill Street, Suite 102
Aspen, CO 8161 I
(970) 925-9393
Property:
Glen Horn
Davis Horn, Incorporated
215 South Monarch Street
Aspen, CO 81611
(970) 925-6587
Lot 5,
Stillwater Ranch Subdivision,
1490 Ute Avenue
City of Aspen,
County of Pitkin,
State of Colorado
PETITION FOR DISCONNECTION BY ORDINANCE
(De-Annexation)
1. INTRODUCTION
The Applicant Little Star Foundation!, through its founder Sister Andrea Jaeger
and its Board of Directors, seeks an Ordinance of the City of Aspen disconnecting its property
located at 1490 Ute Avenue from the City of Aspen. The procedure for this request is set forth in
the "Disconnection by Ordinance" statute, C.R.S. S 31-12-501, and is sometimes referred to as
"de-annexation. "
,
In December of 1994, the Applicant received, as a charitable donation from
Fabienne Benedict, the real property that is the subject of this application. Mrs. Benedict
conveyed to the Applicant's predecessor Kids Stuff Foundation, Inc., by Bargain and Sale Deed,
the real property as a "charitable gift and donation" without limitation or condition. A copy of
the Bargain and Sale Deed is appended hereto. The Applicant was free to then sell the property,
develop it for charitable, non-profit purposes, or us it for any other purpose it deemed desirable.
The Applicant determined that the best use of the property gifted to it would be
the development of a facility for the care and treatment of children with cancer and their
families. After a lengthy planning process and extensive fund raising, the Applicant proceeded
through the City's annexation and rezoning process to establish its campus on the Stillwater
Ranch Subdivision property.
In 1997, the Applicant sought annexation into the City of Aspen for purposes of
developing a facility to pursue its charitable mission of providing health and related services to
children with cancer and their families. By Ordinance No. IC, Series of 1997, the Aspen City
Council approved the annexation. A copy of that Ordinance is appended hereto.
As part of the annexation process, the subject property was rezoned, in part to the
Academic Zone District and in part to the Conservation Zone District. The property was
designated as a specially planned area ("SPA"). The rezoning and SPA designation were
accomplished through a public hearing process resulting in approval of Ordinance No. II, Series
of 1997, a copy of which is appended hereto.
Subsequent to rezoning and approval of the SPA plan, the Applicant constructed a
facility on the property which is comprised of approximately 18,000 square feet of improvements
I The Applicant's Foundation was initially incorporated in Colorado under the name Kids Stuff Foundation, Inc. As
the work of the Foundation evolved, the name was changed to Silver Lining Foundation to better reflect the
Foundation's work. The Foundation is now known as Little Star Foundation. Sister Andrea Jaeger describes the
Little Star Foundation name as follows, "There have been thousands upon thousands of children and families we
have had the honor to know and provide with love and help. Cancer has claimed the lives of so many children.
Families are in a constant state of grief, sorrow and loss. Out of respect to those families, we felt that the Little Star
Foundation name would be a wonderful tribute to the daughters and sons, sisters and brothers, friends and family
members that lost their lives to cancer and are missed every day, knowing that we all can look for a little star in the
sky and imagine that it is a child's heart and spirit shining on all of us."
Page I of 4
including residential, treatment, food service, recreational and other facilities. The Applicant
operated its non-profit facility for the benefit of children with cancer on the property until 2006.
During the approximate 7 years of operation, Applicant provided services to
thousands of children and their families. During that period of time, the Applicant has
established itself as the pre-eminent foundation for providing these unique services. The
Applicant, through the tireless efforts of its founder Sister Andrea Jaeger, has gained an
unparalleled national and international reputation for quality and compassionate care of children
with cancer and their families. However, over the course of its operations, Applicant has
realized that maintaining a facility at an altitude of approximately 8,000 feet above sea level, in a
city where the cost of services and employees is exceptionally high, and where the costs and
logistics of transportation are frequently challenging, was not the best and most efficient use of
the Foundation's resources.
Although the Applicant has concluded that continuing its operations in Aspen is
not the most economically efficient use of its resources and is not the best logistical location for
the children and families it serves, it remains dedicated to providing these services in the State of
Colorado, with all it has to offer.
In the spring of 2006, the Applicant relocated its facilities in southern Colorado,
southwest of Durango. The Applicant determined that the availability ofrecreational and related
activities at a lower elevation and lower costs of operation in the Durango area would enhance
the long-term sustainability of the Foundation's work. As a result, the Applicant has decided to
sell the property which is the subject of this application and utilize the funds generated from that
sale to support, continue and expand its charitable work.
The practical effect of "de-annexation" is that the subject property will revert to
the zoning applicable to the balance of the Stillwater Ranch Subdivision and will be subject to
the covenants of that Subdivision, the subdivision approvals and the jurisdiction of Pitkin
County. The property will revert to residential use and will be subject to the zoning and floor
area ratio restrictions generally applicable to the Stillwater Ranch Subdivision.
The Applicant has met with Pitkin County Planning staff and has engaged in a
work session with the Pitkin County Commissioners. A copy of Glen Horn's letter of November
14, 2006 to Cindy Houben of the Pitkin County Community Development Department
discussing the subdivision approvals for Stillwater Ranch Subdivision and the consequences of
de-annexation is appended hereto. The Applicant believes that Pitkin County will support this
application subject to a requirement that the Applicant proceed through a County zoning and site
plan review to insure that future development is consistent with the Stillwater Subdivision
development approvals.
The Applicant has contacted the Stillwater Ranch Homeowners Association and
has been advised that the Association supports this application. The subject property will be
reincorporated as a residential component of the Subdivision subject to the control of the
Association with respect to permitted uses and the extent and design of development.
Page 2 of 4
In summary, the Applicant has concluded that the campus it created for the care
and treatment of children with cancer is no longer viable in Aspen. Although the improvements
on the subject property are substantial, they are not suitable for residential use. The Applicant
anticipates that the improvements will be salvaged and recycled to the greatest extent possible
and that a new significantly smaller and less impactive residential use will be implemented on
the property. The Applicant, based upon advice of its advisors, has concluded that the highest
and best use for the property is for a single family residence of a size comparable to the other
residences in the Stillwater Ranch Subdivision. The sale of the property for that purpose will
generate funds to allow the Applicant to carryon its work with sick children and their families.
II. PROCEDURE
The Aspen Municipal Code contains no provisions related to disconnection or de-
annexation of properties. However, the Colorado statutes provide a mechanism whereby a
property owner can seek to have its property disconnected from the City. That statute reads as
follows:
31-12-501. Application - enactment - filing. When the owner
of a tract of land within and adjacent to the boundary of a city or
town desires to have said tract disconnected from such city or
town, such owner may apply to the governing body of such city or
town for the enactment of an ordinance disconnecting such tract of
land from such city or town. On receipt of such application, it is
the duty of such governing body to give due consideration to such
application, and, if such governing body is of the opinion that the
best interests of the city or town will not be prejudiced by the
disconnection of such tract, it shall enact an ordinance effecting
such disconnection. If such an ordinance is enacted, it shall be
immediately effective upon the required filing with the county
clerk and recorder to accomplish the disconnection, and two
certified copies thereof shall be filed by the clerk in the office of
the county clerk and recorder of the county in which said tract lies.
The county clerk and recorder shall file the second certified copy
with the division of local government in the departrnent of local
affairs as provided by section 24-32-109, C.R.S.
The procedure to accomplish disconnection is simple and requires only the
adoption of an ordinance from the City Council following the required public hearing
disconnecting the subject property from the City of Aspen. As stated in the statute, a
disconnection ordinance shall be enacted if the City Council is of the opinion that the best
interests of the City of Aspen will not be prejudiced by the disconnection.
While the standard for disconnection obviously involves an element of discretion,
it is the Applicant's view that the reversion of the subject property to single-family residential
uses will not in any way prejudice the best interests of the City.
Page 3 of 4
III. CONCLUSION
The City initially approved the annexation, rezoning and SPA status in 1997
based upon a specific development proposal to create a facility to provide charitable services to
children with cancer and their families. Applicant's mission continues despite the fact that it has
determined that conducting its operations in a facility in Aspen is impractical. The result of
disconnection will be a reduction of impacts on the City and surrounding properties and,
specifically, a significant reduction in traffic volume on Ute Avenue.
A denial of this application would leave the Applicant in limbo regarding its
property. The Applicant is obligated as a non-profit, charitable foundation to seek the greatest
value it can for its property. This can best be achieved through disconnection and the subsequent
application of Pitkin County zoning and subdivision regulations. Applicant believes the sale of
its property for singe-family residential development offers the greatest opportunity to generate
funds that can be used to continue and expand the Foundation's charitable purposes.
Page 4 of 4
SCHEDULE OF ATTACHMENTS
I. Bargain and Sale Deed from Fabienne Benedict to Kids Stuff Foundation, Inc., dated
December 30, 1994
2. City of Aspen Ordinance No. I C, Series of 1997
3. City of Aspen Ordinance No. II, Series of 1997
4. Letter with attachments from Davis Horn, Inc. to Cindy Houben, Pitkin County
Community Development Director, dated November 14, 2006
5. Letter from attorneys for Stillwater Ranch Open Space Association dated January 16,
2007
377685 B-770
SILVIA DAVIS
P-8Z6 le/30/94 04=15P PG 1 OF 2
PITKIN COUNTY CLERK & RECORDER
BJ\R.O~:nr JUID BaL. DZKD
REC
10.00
DOC
0.00
JafOW ALL II1DI BY '.I.'JIBSB FR.SurrS.
TlUI'1' POR :um AS A CJlAIUTABLZ GJ:J"1' :um DOIlATXOJl, the
~derBigned FaBX.... ."'D%CT ("Donor") hereby donates, se~~s and
convays to It%DB' BTur:r :rOtJJllDA"J.':IO., J:JlC., a Co1orado D.ot-ror-prori.t
oorporati.on ("Donee"), whose address is P..O. Box 10970, Aspen,
Co~orado 816~2, the fo11cwing real property situate in the county
of Pitkin, state of Colorado, to wit:
Lot 5, Sti1~water Ranch Subdivision/POO, aocording to the
Final Plat thereof recorded December 30, 1994 in P1at
Book 3.>- at page a. of tne real. property records of
Pitkin County, Colorado, toqether with a perpetual, non-
exclusive easement, right-of-way and joi.nt user ri.ght
alonq, within and beneath the existing road easement
between the ute Avenue CU1-Da-Sac and the Out parce1, as
shown on said Final Plat (as said road ea.sement was
created in the Deed recorded in Book 188 at paqe 82 of
the Pitkin county record&), for purposes of access,
ingress and eqress to Lot 5 and the installation of
underground uti~ities servinq lot 5.
With al~ its appurtenances, SUbject to the following:
Ca.) In the event that Donee utilizes part of the existing
road easement between the Ute Avenue CUl-De-Sac and the out Parcel.
for purposes or access to Lot 5, Donee shall share equally with the
owner or the out Parcel the costs and expenses of maintaininq and
snow-plowinq the portion of said access road actuall.y useCl by
Donee.
(b) Lot 5 and the road and util.ity easement are conveyed
hereby in an nas is" condition, subject to all patent or 1atent
conditions or problems or any kind or nature, and further subject
to all title matters of record or otherwise, specirical1y inc1udi.nq
without 1iaitation:
(i.)
recorded
Book 380
Road easement ana
in Book 188 at paqe
at Page 425.
other matters described in Deed
82 and in instrument recorded in
(ii) A11 matters contained on the First Amended P1at of
the stillwater Ranch Parce~s recorded in Plat Book 33 at page
34.
(~} BOCC Reso1ution No. 94-,;/3.1 reco.rded in Book 7 :'0 at
Page .
(iv) A~~ matters contained on the
Stil1~~Ar Ranch SUbdivision/POD recorded in
Page "6.
Final Pla~ of
P1at Book 3..J- at
..
377685
B-770 P-B27 12/30/94 0q;15P PG a
OF ;2
(v) SU~~iBion Improvements Aqreement recorded in Book
7.:tl!- a t page /.
(vi) Protective covenants for stillwater Ranch
Subdivision/POD recorded in Book 'J.22 at page;z.U..
(vii) . Fisherman's Easement Aqreement recorded in Book ~o
at page ~.
(V~i~
Page q .
(ix)
and Donor
Grant of Utility Easement recorded in Book 2Z! at
Water service Aqreement between the city of Aspen
recorded in Book7.2.lL at page7..U-
(e) In accordance with the provisions or Paragraph 3(0) of
the Protectiv& Covenants for stillwater Ranch Subdivision/POD, on
or before March 1, 1995, Donor is obligated to form a Homeowners'
Association to own, govern and ,maintain the Open space Parcel.
depi.cted on the Final Plat of sti1~water Ranch Subdivision/PUO..
The members of the Association will be the owners of the six (6)
Lots in sti~~water Ranch Subdivision, and the Association wi~~ have
the power to 1evy and co~~ect genaral and special assessments on
E5uch members ~or purposes of paying the costs and expenses ,of
owning, improving, maintaining, caring for and operating the Open
Space Parcel. By its acceptance of this Bargain and sa18 Deed,
Donee sha11. be deemed to have consented to and approved the
formation of said Homeowners' Association, to hava consented to
be~ng 8' meMber thereof, and to have agreed to execute any and a11
documents that may be required in connection with the formation
thereof.
signed and delivered this 30th day of December, 1994.
DOHOR:
9a~........... /~_<_udLd-
Fab enne Benedict
S'rll'.'rl!l OJ!' COLORADO
)
)
I
...
co~y OF PX'rXXH
The foregoing instrument was acknow1edged before me this 30th
day of December, 1994, by Fabienne Benedict.
In:THBSS my hand and Of.f~T-iel pa..l.
My commission expires_:.3/&/9~ -_'
(SEAL)
",,'1'....
,..\\\ 0-'\0 .".
~:-~~\\I'~~'..... ............
,
,...?J
,..
),4474.
2
111111I1111I11111111111111111I1111111111111111111111111
....13 Dl/Z3/1117 11:37A ORDINANCE
1 of 3 It 11.11II P 1l.1lII N 11.1111 PITKIN COUNTY CLERK
ORDINANCE NO. Ie
(Series of 1997)
AN ORDINANCE OF THE CITY COUNCIL OF TilE CITY OF ASPEN, COLORADO,
APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN.
COLORADO, TO BE KNOWN AND DESIGNATED AS THE .STILLWATER RANCH
SUBDIVISION, LOT 5 PARCEL" ANNEXATION.
WHEREAS, on November 19, 1996, the OWD~r of the property proposed to be annexed
did tile with the City Clerk of the City of Aspen a Petitiol) for Annexation of territory to the City
of Aspen; and
WHEREAS, the petition, including accomp.mying copies of un annexation map, has been
reviewed by the City Attorney's Office and the City Engineer amI f('lUnd by them to contain the
infonnationprescribed and set forth in ~31-12-107, C.R.s.; anil
WHEREAS. the owners of one hundred percent (100%) of the area proposed to be
annexed., exclusive of streets and alleys, have consented in writing to the armexation; and
WHEREAS, the City Council, by resolution (Number 68, Series of 1996) at its regular
meeting on November 251 1996, did fmd and determine said Petition for Annexation to be in
substantial compliance with the provisions of ~31-12-107, C.R.S.; and
WHEREAS, the City Council, by resolution (Number 3, Series of 1997) at its regular
meeting on January 13, 1997, did find and determine, following a public hearing, said Petition
for Annexation to be in substantial compliance with ~~ 31-12-104 and 31-12-105, C.R.S.; and
WHEREAS. the City Council does hereby find and uetermine 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:
11111111111I11111111111111111I111111111 Ullllllllllldl
48!HlS el/a/l,,7 11.3711 ORDINANCE
2 of 3 R 11.10 0 e.ee N e,ee PITKIN COUNTY CLERK
Section 1 .
That the tract or land d~''''l"J.i1)C(i in tll~ Petition for Annexation,
commonly referred to as the "Stillwater Ranch Subdiv is ion, Lilt 5 :Pa('c~J". and as shown on the
annexation map. is hereby annexed to Ihe City of Aspen, Colorado.
Section 2,
The City Clerk of tile City of ASI"'" is hereby directed as follows:
(a) To file one copy of the annexation map with the original of this annexation
ordinance in tile office of the City Clerk of tile City of A,pen.
(b) To certify and file two copies of this arulCxatioll urdinance and of the annexation
map witll tile Clerk and Recorder of the County of Pitkin. State nfColorado.
(0) To request tile Clerk and Recorder of Pitkin County to file one certified copy of
this annexation ordinance and of the annexatjon map with th~ DivisjuJl of Local Government of
the Department of Local Affairs, Statt: of Colorado.
Section 1.
The City Engineer of the City (If Aspen is hereby directed to
amend tile Official Map of tile City of Aspen to reflect tile boundary changes adopted pursuant to
this annexation ordinance.
Section 4.
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 separa~. distinct and lndependent provision and
shall not affect tile validity of the remaining portions tIlereof.
.':ectinn S.
That this ordinance shall 110t have any cftect on existing litigation
and shall not operate as an abatement of any .a~,tion91.__pr~eding._n()w pending under or by
virtue of the ordinances amended as herein provided. and lhe same shall 'be construed and
concluded under such prior ordinances.
,
111111I1111I11111111111111111I11111111111I1111111111"1
415113 11/23/1117 11,37A ORDINANCE
3 Df 3 A 11.le D e.le N I.ee PITKIN COUNTY CLERK
A public hearing on the ordin.""" shull he held on the !d:. day of ~ . 1997,
in !he City Council Chambers. Aspen City Hall, Aspen. Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City
Council of !he City of Aspen on !he ~ day of )'~_dA:..,<Y~ . 1997.
~ 17.... _.3i'1
Joh11 S. Bennett, Mayor
ATTEST:
~_./~~
Kathryn S. ,City Clerk
FINALLY adopted. pa)~I;aJfl JPllrQvS'l! this /;/. day of
~"'f...I'J,.
. .', I' ,. . ( I..
-,,', ,I:! "i 1~97. J r t.,
I-.'~~ ~:~ lie'
i-,t';;'" ...., ~.2 ~.
< [.oi';"'"':),'1 17_& ....--~
...... .
John S. ennett, Mayor
ATTEST:
~~
Kathryn S. ~ d.'~ Clerk
'51ilh...lllr.ord
J
111111I1111I11111111111111111I11111I11111I1111111111111
48S114 81/23/1887 11.41A ORPINRHCE
1 a' 11 R 51,11 D 1,Ie N 1.18 PITKIN COUNTY CLERK
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO
APPROVE THE CONCEPTUAL/FINAL SPECIALLY PLANNED ~A (SPA)
DEVELOPMENT PLAN AND TO REZONE LOT 5 OF THE STILLWATER RANCH TO THE
ACADEMIC (A) AND CONSERVATION (C) ZONE DISTRICTS, AND TO GRANT A GMQS
EXEMPTION FOR A NON-PROFIT ENTITY QUALIFYING AS
AN ESSENTIAL PUBLIC FACILITY
ORDINANCE No. JL, SERIES OF 1997
WHEREAS, the owner of Let 5 of the Stillwater Runeh Subdivision. Kids Stuff Foundation,
(hereafter "Applicant') submitted an application (he...ea:tler "Plan") to the Community DeveJopment
Department to rezone to the Academic and Conservation zone districts and to designate the property as 8
Specially Planned Area (SPA); and
VVIIEREAS, the Applicant has also requested approval of ~ GMQS Exemption to recognize the
Foundation as a nonprofit entlty qu,alifying as an essential public faei tity pursuant to Section
26.1 OO.050(CX2)(aX(3)) ofth. Aspen Municip.l Code; and
WHEREAS, Lot 5 of the Stillwater Subdivision contains approximately 6.457 acres located in
Pitkin County, immediately adjacent to the City of Aspen, in the AFR.2 zone district; and
WHEREAS, the City Council, by Resolution No. 68. Series of 1996 and Resolution' No. 3. Series
of 1997, at its regulaJ" meetings on November 19, 1996 and January 1 J. 1997, respectively, did find the
subject parcel to be eligible for annexation, meeting the provisions of the Municipal Annexation Act of
1965; and
WHEREAS, the Planning and Zoning Commission reviewed the Plan in accordance with those
procedures set forth at Sections 26.92.020 and 26.80.030(A) and (B) of tile Aspen MunicipaL Code and did
c01,1CJuct p~blic hearings thereon on Ma"?h 4. 1997 and March ll. 1997; and
~REAS. upon review and consideration of the Plan, agency and public comment thereon. and
those applicable stand:uds as contained in Chapter 26 of the Aspen Municipal Code. to wit, Section
26.92.020 (Text and Map Amendments) and Section 26.80.040(8) (Development in a Specially Planned
11111111111I11111111111111111I11111I11111I1111111111111
415114 ../23/1111 11,41A ORDINANCE
2 D' 11 R M.IIII D 1.1lfI N 1,II11l PITlCIN c:1lUNTY CLERK
Area), the Planning and Zoning Commission recommended approval of the Final SPA Devolopment Plan
and the proposed map amendment by a vole of 5-0; and
WHEREAS, pursuant to Resolution 97.04, the PlannLng and Zoning Commission further granted
Special Review approval for parking and Conditional Use Review approval for donnitory housing, a health
care facility and a dining hall in the Academic zone district, and a swimming pool in the Conservation ZOne
district; and
WHEREAS, pursuant to Resolution 97-04. the Planning and Zoning Commission further granted
8040 GreenHne Review and Stream Margin Review approvals; and
WHEREAS, the Aspen City Council has reviewed and considered the Plan under the applicable
provisions of the Municipal Code as identified herein. has reviewed and considered those n::commondations
and approvals as granted by the Planning and Zoning Commission in R.es()lution 97~04. and has taken and
considere<i'pubJic comment at a public hearing; and
WHEREAS, the City Council finds that the Kids Stuff Foundation is CL unique institution which
enhances our community. and that designating the proporty as a SpeciaI1y Planned Area benefits the city's
residents and visitors by allowing flex.ibility to accommodate the variety of proposed uses~ Bnd
WHEREAS, the City Council f'mds that the proposed uses at the upper bench (described 8S .~The
West Part of Let S" in Exhibit uA') of Lot 5 of the Stillwater Ranch Subdivision are consistent with the
purpose oCthe Academic zone district l'tO establish lands for education and cultural activities with attendant
res~h. housing and administrAtive facilities"; and
WHEREAS, the: City Council finds that the proposed uses at the lower bench (described as "The
East Part of Lot Sn in Exhibit UA") of Lot 5 of the Stillwater Ranch Subdivision are consistent with the
purpose of the Conservation zone district "to provide areas of low density development to enhance public
recreation, conserve natural resources. encourage the production of crops and animals, and to contain urban
development"; and
2
U!~~}!~g~!!!I'lll!!1"!!!U!11111111II1111
3 0' 11 II 51.. D.... N ... PI'Il(IN C~Y CLEIlIC
WHEREAS, the City Council finds that proposed housing units will be decd-rostricted in
accordance with the housing guidelines~ are compatible with swrounding uscs and will have a minj~al
impact on the land; and
WHEREAS, the City Council finds that the proposed use qualifies for a GMQS Exemption as a
nonprofit entity pursuant to Section 26.100.050(C)(2)(a)((3)) oflhe Municipal Code; and
WHEREAS.. the City Coun~il finds that the Plan is consistent with the goals and elements of the
Aspen Area Community Plan and with the public welfare and the purposes and intent ofChapCcr 26 of the
Municipal ~e.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1. Pursuant to Section 26.92.020 (Standards of Review) of the Aspen Municipal Code, the City
Council finds 8$ follows in regard to the proposed map amendments:
I. The proposed amendments are not in ~onflict with the provisions of Chapter 26 of the Municipal
Code or the Aspen Area Community Plan.
2. The proposed amendments are compatible with surrounding zone districts and land Uses. and will
have a minimal impact on the natural environment.
3. The proposed amendments will promote the public interest and character of the City of Aspen.
Rection 2; Pursuant to Section 26.92 of the Aspen Municipal Code. the City of Aspen Zone District Map js
hereby amended to rezone the upper bench of Lot S of the Stillwater Ranch Subdivision, described in
Exhibit "A" as "The West Pmt of Lot 5," to the A<;:ademic zone district with a Specially Planned Arell
(SPA) Overlay. and the low" bench of Lot 5 of the StillwaterRanch Subdivision. described in Exhibit "An
as uThe East Part oCLat S:' to the Conservation zone district with II Specially Planned Area (SPA) Overlay.
The legal description is attached as Exhibit 16A.n
3
111111I1111I11111111111111111I11111I11111I1111I11111111
4esU4 ./23/1..7 1 h 41A OIlDINANce:
4 of 11 R 58... De." N .... PITKIN COUNTY CLERK
Seetlml 3: Pursuant to Section 26.l OO~OSO(C)C2Xn)((3)) of the Aspen Municipnl Code, the K.lds. Stuff
Foundation.is hereby granted a GMQS Exemption ns a nonpro1it elltity qualitying as an essential public
facility.
~dinn 4: Pursuant to the findings set forth in Section 1 above. the City CnuncWs approval of the Plan is
subject to City Council approval of the Petition for Annexation by duly enacted Ordinance annexing the
subject property to the City of Aspen, and is subject to the following conditions:
1. The applicant and the City Council shall enter into an SPA agreement binding the real property
to any conditions placed on the development order approving the non 1 development plan.
2. The final development plan. which shall consisl of the site plan of the entire site; site
improvement survey ofthc area being developed, including building footprints, utilities,
easements. and landscaping; building elevations; and Ibe Speoially Planned Area (SPA)
agreement, shall be recorded in the office of the Pilkin County Clerk and Recorder, and shall be
binding upon the property owners subjecl to the development order, thoir successors and assigns,
and shall constitute the development regulations for the property. Development of the property
shall bo limited to the uses. density. configuration. and 0.11 other elements and conditlons set forth
on the final dovelopment plan and SPA agreement. Failure on the purt of the applicant to rocord
the final development plan and SPA agreement within a period of one hundred and eighty (180)
days following its approval by City Council shall render the plan invoJid. Reconsideration of the
final dovelopment plan and SPA agreement by the Commission and City Council wHl be
required before its acceptance and recording.
3. The final development plan shall be recorded prior 10 submission of no)' building permits for the
proposed housing units.
4. All conditions imposed by the Planning and Zoning Commission's March 11, 1997 Conditional
Use. Special Review, 8040 Green1ine, and Stream Margin Review approvals. as outlined in
Resolution 97~04. sball carry forward as conditions of tho City Council approvals grantod
pursuant to this Ordinance.
s. No construction or building permits shall be issued' until the parcel bus been finally annexed into
the City of A.pan.
6. All material represent;ations made by the appJicant in the application and during public hearings
shall be adhered to and considered conditions of approval. unless otherwise amended.
Section ~: 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 ordjnances.
4
111111I1111I11111111111111111I11111I11111I11111111I1111
405&14 .&/23/1117 11,41A ORDINANCE
!5 0' 11 R !IlI.ee D e.M N 8.M PITKIN COUNTY C1.EIlK
Section 6: Ifany sediUll, s~lhscClj(JII. SCI11enCI.', clallsc, phrnse, or portion 01"tl1i5 Ordinance is for any
reason held invalid or unCn!1sti1Uliomtl in a COllrtof comp...~lt.mtjurisdiction. such portion shall be deemed a
separate, distinct and independent pmvisioll amJ shull not atlect the validity afme remaining portions
thereof.
!';~tlnn 7: A public l1enring on the Orclimlllcl' was held 011 the 14111 day of April, 1997, at 5:00 p.m. in the
City Council Chamb~r:>. Aspen Cily Hl1l1. Aspen C\lJorncll.l, fifteen (] 5) day... prior to which hearing a public
notice of the same wus published in a newspaper ()f gl.:ncnd circullltion within the City of Aspen.
Seeflon Ii: This Ordinunce shall not become cOectivc unless and until the City CouneD approves the
Petition for Annexation by duly ell.acted Ordinance annexing the sLlbject property to the City of Aspen.
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
G~I.~
City Attorney
Comnlllllity Development Director
INTRODUCE)). READ AND ORDERED PUBLISHED as provided by law. by the City
"-
Council of the City of Aspen on th~21i day of -Z2.~.a. ''r. ,(!'.,f . 1997.
.' .' '~
......,~ ..;
lV,.....
, P< t);
ru...... I~____.~
~lCMayor
...Katli!P!"S,
.. '
f..J! >
FINALLY adoptcd. pllssed IIIld opproved this /1.. day o~ 1997.
~ ~.
l~___-./...." 'I
John Bel lett, Mayor
, ,
.1
1#.'''/Jili''I'
..'0:' ", .....,~.:;'
/' ~.~-
{~~ .~~
'i... ..-,.,J.. ~
"t,. ?f6. .
. -.Ka"'.r;ynS. K City Clerk
~~'..,.
5
3,.14-19974,011""
FROI.1 PAPER CHASE/PAGES ~70963870e
\OIi;VI~A"'c.Ef""'II, 19f"tl
'I E}(liI61T7\'
111111I1111I11111111111111111I11111111111I11111111I1111
_14 ./23/1M7 11 ,_ OIIDI_
. Dr 11 11M.. D.... N .... PITKIN COIIITY CLIllIC
Alpin. Surveys, Inc.
Poet Office Box 1730
~pen. CO".."ado 81612
970 925 2668
MARCH 14, 1997
JOB NO. 97-1 KIDS STOFF FOUNDATION
LEGAL DESCRXPTXONS FOR RE-ZONING OF
LOT 5, STILLWATER RANCH/P.U.D.
DESCRIPTION OF THE WEST PART OF LOT 5
THE WEST PART OF LOT 5, STILLWATER RANCH SUBDIVISION/
P.U.D., PITKIN COUNTY, COLORADO MORE PARTICULARLY
DESCRXBED AS FOLLOWS,
BEGINNING.,AT THE .WEST . CORNER .Ol!' SAID LOT 5,
THENCE SOUTH 84"01'42" EAST 199.73 FEET;
THENCE NORTH 09024'26" EAST 417,59 FEET:
THENCE SOUTH 89013'19" EAST 28.00 FEET;
THENCE SOUTH 51"15'00" EAST 65.00 FEET,
THENCE SOUTH 36"30'00" EAST 132.26 !'EET;
THENCE SOUTH 327.32 FEET;
THENCE NORTH 77"15'00. WEST 90.00 FEET;
THENCE SOUTH 18"47'00. WEST 246.66 FEETI
THENCE NORTH 30"14'46" WEST 1.92.41 FEET,
THENCE 153.02 FEET ALONG THE ARC OF A NON-TANGENT CURVE
TO. THE LEFT HAVING A 'RADIUS OF 60.00 FEET AND
WHOSE CHORD BEARS NORTH 48003'50" WEST 114.80
FEET I
THENCE NORTH 55045'00" WEST 45.46 Fl!:ET;
THENCE NORTH 52022'39" WEST 46.93 FI::ET TO THE POINT
OF BEGINNING;
CONTAJ:NING 2.562 ACRES. MORE OR LESS.
DESCRIPTION OF THE EA~T PART OF LOT 5
THE EAST PART OF LOT 5. STXLLWATER RANCH SUBDIVISION/
P.U,D.. PITKIN COUNTY, COLORADO MORE PARTICULARLY
DESCRIBED AS FOLLOWS,
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 5;
THENCe SOUTH 00009'36" WEST 16B.88 ~EET,
THENCE SOUTH 32'27'17" EAST 73.71 FEET;
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
CRANTING APPROVAL FOR CONDITIONAL USES IN TIlE ACADEMIC (A) AND
CONSERVATION (C) ZONE DISTRlcrs, SPECIAL REVlEWOF PARKING REQUIREMENTS.
8INO GREENLINE REVIEW~ AND STREAM MARGIN REVIEW FOR THE KIDS'STUFF
FOUNDATION DEVELOPMENT LOCATED ON LOT 5 OF THE STILLWATER RANCH
SUBDIVISION, AND RECOMMENDING APPROVAL OF REZONING AND
CONCEPTUALlFINAL SPECIALLY PLANNED AREA (SPA) DEVELOPMENT PLAN FOR THE
KIDS STUFF FOUNDATION DEVELOPMENT LOCATED ON LOT 5 OF THE STILLWATER
RANCH SUBDIVlS10N,
CITY OF ASPEN
ResolutioD 97~
WHEREAS, The Community Development Department received an application from The Kids
Stuff Foundation, for Conditional Use Review for donnitory housing, a health care facility and II dining
ball in th.c Academic :wne district and for a swimming pool in the Conservation zone distriCt; Special
Review for pllrldna: requirements in the Academic zone dislrict; 8040 Greenlino Review; Stream Margin
Review; Rezoning; IU1d. Conc.eptuaUFinal Specially Planned Area (SPA) Review; and
WHEREAS, Pursuant to Section 26.60.040 of the Aspen MunicipaJ Code. Conditional Uses may
be approved by the Planning and Zoning Commission; pursuant to Section 26.64.040 of the Aspen
Municipal Code. parkiJlg, requirements in the Academic 'Wne district may be appToved by the Planning and
Zoning Commission through Special Review; pursuant to Section 26.68.030 ofthe Aspen Municipal
Code. 8040 Greeoline Reviews may be approved by the Planning: and Zoning Commi$Si<<;m; and pursuant-
to Section 26.68.040 of the Aspen Municipal Code, StNam. Margin Reviews may be approved by the
Planning and Zoning COmmission; and
WHEREAS. Pursuant to Section 26.92.020 of me Aspen Municipal Code. tho PlillUling and
Zoning Commission shall make a recommendation to the City Council rca.ardlna: requests to amend the
Official Zone District Map; and pursuant to Section 26.80.030 of the Aspen Municipal Code. the Planning
and Zoning Commission shall make a recommendation to the City Council regarding ConceproallFinal
Specially Planned Area (SPA) Development Plan proposals; and
WHEREAS. the Housing Office. City Engineering, Parks Department. Aspen CDnsolidatcd
Sanitation District, Environmental Health Department and Community Development. Department reviewed
the proposals and recommended approval of each with conditions; and
WHEREAS. the above referenccc application was legally noticed for a public hearing; and
WHEREAS, during the public hearing at a continued meeting on March II. 1997. the Planning
and Zoning Commission approved by a S~O vote the Conditional Uses with conditions, the Special Review
with conditions. the 8040 Grecoline Review with conditions. and the Stream MlU'i;in Review with
conditions; and.
WHEREAS. during a public hearing a.t a cQntinued meeting on March 11, 1997, the Planning and
Zoning Commission recommended approval by a :5-0 vote of the request to amend the Official Zone
District Map and the ConcepwaIIFinal Specially Planned Area (SPA) Development Phm proposal.
NOW. THEREFORE BE IT RESOLVED by the Commission:
11111111111I11111111111111111111111111111I1111I11111111
481114 II/Zl/lllW7 11.4aA OIDINANCK
7 of 11 II lIS.. De.. " ..". PI'Il(IN COUNTY CLDK
A. Conditional Use:
That the Conditional Use for dormitory houfiiing~ a health taR facility and a dining hall In the Academic
(A) zone disnict. and II swimming pool tn the Conservation (C) zone district at Kids StutfFoundlltion on
L.ot 5 of die Stillwater Rancb Subdivision is approved with the following conditions:
I. Prior to the issuance afony building permits the applicanuhall:
a) lnstaJI ,any new surface utilities requiring a pedcstal or other above ground equipment on
an easement provided by the property owner and not within tbe public riahts--of-way;
b) Locate any addition III proposed construction in sweh a way that it does not encroach into
an existing utility--casement or public right-of.way;
c) Agree to join any future improvement district(s) which may be fanned for the purpose of
constructing improvements in adjacent public riShu.of-way: the agreoment shall be executed
and reconted concurrently upon approval ofthi, application;
d) Submit 4 "Site Improvement Survey" to the Engineering Department;
e) Indicate all utility meter locations and trash containment areas on fmal development
plans;
f) Ensure that the project meets all runoff design standards of Section 26.88.040(C)(4)(f)
with the building permit'application. and provide a draina&;o report and mitigAtion phm signed
a.nd stamped by an engineer registerec1 in thc State of Colorado;
g) Submit a pennanent erosion control plan and a temporary sediment control plan and
containment plan for the construction phase; and
b) Needles and other contaminated items will need to be handled as medical waste and the
operator will need to contract with a medical waste pick up hauler to properly dispose of chose
items.
2. Prior to the issuance of a Certificate of Occupancy (CO), the applicant shall:
a) Submit as-built drawings of the project showing property Unes. building footprint,
easements, any encroachments, entry points for utilities entering the property boundarie.s and
any other improvements to the AspenIPitkin County Data Processing Dcputment in accordance
with City GlS requirements, if and when, any exterior renovation or remodeling of the property
, occurs that requires a build.ing pennit:
b) Pennit Community Development Department and Housing Office staff to inspect the
property to determine compliance with the condft~ons of approval;
c) Be required to sign a sidewalk, curb and gutter aa;reement with the City;
d) Increase the widtll of the access easement through the property 10 twenty (20) feet in
order to meet emergency access width requirements, and emergency access to the new b.ullding
mwt be twenty (20) feet wide. That is. the drjvln& surfacc must be twenty (20) feet Wide and
must be cleared of snow for the fUll width. A dedicated tlrc engine tum around that will remain
free of parked car~, meeting Fire Marshal requirements, must be provided;
e) Pave the driveway; and.
f) The environmental HClllth Depanment shall approvc both plans and specifications of al,l
food service racilities. A minimum of [wo (2) weeks shall be necessary for tbe Department to
review and approve plans. Also, final approval from the Environmental Health Oeparunent is
required before opening for business. and prior to issuance of a Colorado Food Service License.
11111111111111111111111111111111111111111I1111111111111
4_14 "/23/1l18'7 n.411A _I_
I 0' 11 R 58." D.... N .,Ie PITKIN COUNTY CLERK
3. Also prior La issuance of any build in" pennits. the applicant shall consult with City departments
regarding the foUo~ng:' =
a) City Ensineerina for design of improventents, including landscaping, within public:
righu-of-way; .
b) Parks DepJUtment fot tree removal, landscaping. and seleetionofvcgctative species, as
well as provisions for trail easements and fencing design:
c) City Streets Depamnent for street improvements, and shall obtain pennits for any work
or d.evelopment, including landscaping, within public. rights-of-way; and,
d) Aspen Consolidated Sanitation District and the Department of Environmental Health. for
drainage provisions for the swimming pool, grease and oil interceptor provisions for the
kitchen, oil and sand interceptor provisions for the garage, and blood borne 'and hazardous
waste disposal provisions for the medical suite.
4. Prior to the issuance of any building pennits, a review of any proposed minor changes from the
approvals, as set forth berein, shall be made by the Planning and Engineering Departments, or
referred back to the Planning Ilnd Zoning Commission. .
S. One (1) year after the commencement of operation, an employment audit shall be conducted by
the Housinll Department. The permanent staff unIts shall be deed restricted with priority for use
of these units to pcrsonnc:1 of the Foundation. and categorized as to those employees residing in
the units (Category 1,2. or 3; but Category 4 for the two-bedroom, lower~level unit).
6. Deliveries to the facility for all services (i.e.. food, medical supplies, etc.) sball be limited to the
hours between 6:00 a.m. and 7:00 p.rn.. and consolidation of deliveries will be implemented to the
maximum extent practicable.
7. All material representations made by the applicant in this application and during public meetings
with the Planning and Zoning Commission shan be adhered to and shall be considered conditions
of approval, unless otherwise amended by a Board/Commission having authority to do so.
B. Special Review:
That the Special Review for off-street parking requiremenls in ilie Academic (A) zone district at Kids Stuff
Foundation on Lot S of the Stillwater Ranch Subdivision requiring threo (3) aarased parking spaces for
vans and le.n outdoor parking spaces meets me standards of Section 26.64.040(8) of the Aspen Municipal
Code and is approved with the following conditions:
I. One (I) year after commencement of the facility's operation, 8. parking audit/study be conducted
by the applicant and submitted to the Communil)' Development Department for review. If"thc
findings Indicate that the provided parkins is not adequElte. mitigation will nced to be proposed by
Ihe applicant and approved by the Commission pursuant to Special Review in accordan.ce with
Section 26.64.04O{B) of the Municipal Code.
2. All material representations made by the applicant in this application and eluring public meetings
with the Planning and Zoning Commission shall be adhered to and shall be considered conditions
of approval, unless otherwise ilmended by a Board/Commission having authority to do SQ.
C. 8040 Greenlin Review:
That the 8040 Greenline Review for the Kids Stuff Foundation dcvelopment propOsal on Lot 5 aCme
Stillwater Ranch Subdivision meets the standards of Section 26.6B.030 of the Aspen Municipal Code and Is
approved with the following conditions:
111111I111111111111111111111"11111I11111I1111111111111
_14 ./23/1887 U,QA _I_
. of U II 51." De.. N e.. PI'Il(EN COUNTY CLI!IlK
1_ Regarding the hone facilities:
a) Careful housekeeping and cleanup or all areas shall occur on a regular. dally basis;
b) Runoff through this ~a shall be controlled by lilrcating diversion swales to keep runoftfiom
the stable area from travclina ofT the property or into nearby rivers:
c) One (1) yoar after commencement of ~bc facility's operation. a horse population and water
quality audit/study shall be conducted by the applicant and submitted to the Community
Development Department for review. If the findings indicate that the water quality is below
acceptable levels, a fifty (SO) foot buffer from arcu that could be easily contaminated, such
il$ the river. IOo..ycar flood plain and wetlands. will be implemented and maintained to
protect riparian vegetation, alluvial soils and groundwater and surface water;
d) An evaluation shalJ be done to detennine the "carrying capacity" of the area for horses as
compared to land area available;
e) If concerns arise, the AspenIPitkin Environmental Health Department reserves the right to
require water quality sampling,at the owner's expense;
2. Prior to issuance of Bn)' building penn its or use of the facility, the applicant shall provide proof to
the AspcnfPitkin Environmental Health Department that proposed mitigation measures are
sufficient to offset increases in PM LO and traffic caused by the project:
3. At least thirty (30) days prior to issuance ora building penn it. the plans and specifications
complete with piping layout, equi.pment and mechanical specifications along wi.th desi&n
calculations, shall bo submitted for review and approval by the AspenlPitkin Environmental
Health Department;
4. All material representations made by the applicant in this application and during public meetiDi-s
with the Planning and Zoning Commission shall be adhered to and shall be considered conditions
of approval, unless otherwise amended by a Board/Commission having authority to do so,
D. Stream Margin Review:
That the Stream Margin R.eview for the Kids StulTFoundation dcvelopmentproposal on Lot S of the
Stillwater Ranch Subdivision meets the standards of Section 26.68.040 oftbe Aspen Municipal Code and is
approved with the followina conditions:
I. The appHcant shaU work with (he Parks Department to design a fence around tho stable with. rail.
logs that arc capable of being dismantled to allow debris associated with flood waters to pass
through the property;
2. The proposed location of the swimming pool and horse stable be moved to at least fifteen (IS)
from the edge of the top of slope, as detennined by the Aspen Engineering Department. All
portions or all structures/construction must fall within the approved buUdjng envelope;
3. If an)' outdoor lighting is proposed. said lighting shall be low -and downcast with- no light(s)
directed toward the river or located down the slope. Any and all outcloor lighting ~m feature
down-directional and sharp cut-off fixtures;
4. A plat documenting the approved building envelope as _related to surveyed infonnation shall be
liubmitted to and. approved by the Aspen Ena:incerina Department Thi. plat shall include revi.$ed
site sections meeting the staodard set forth by Section 26.68.040(8)(10). and .shall be recorded
withjn 180 dnys ohtrcam margin review approval;
111111I 1111111'11111111 UII 1II1111111111111111U 1111111
_14 ../23/111II7 lh41A 01101_
1. of 11 R ~... D.... N .... PITKIN COUNTY eWER
11111111111111111111111111111I1111111111111111111111111
_14 1lII/23/1887 11.4'" 0IlD1_
11 ., U R M... D.... N ..1lII 1'1'Il(IN COUIlTY CLER
S. All materiaf teprcsenlations made by (he applicant in this application and during public meotinp
with the Planning and Zoning Commission shall be adhered to and shall be considered conditions
of approval. unless otherwise amended by a Board/Commission having authority to do so.
E. Rczonina.:
That a recommendation to approve the rezoning as requested by the appJicant, provided the ann~on
request Is approved. i$ forwarded to me City Council. That is. tho Commission recommends to Council
that the subject parcel be zoned Aclldemic (A) on the upper bench, Conservation (C) on the lower bench,
and Specially Planned Arca (SPA) ovedaying the entire parcel !J1.Ibjcct to both the dimensional
rcquircmenu adopted by Council through the approval ofa Specially Planned Area and the parking
requirements adopted by the Commission through the approval, with two (2) conditions, of the Special
Review request.
F. Specially Planned Area;
That the Commission recommends that Council designate Lot 5 of the Stillwater Ranch as a Specially
Plann~d Ana (SPA) and allow tor the consol.idatian of conceptual and final SPA review. The Commission
fUrthe.. recommends that Council accept the fOllowing dimensional requirements fo.. the Academic (A)
zone district portion of the SPA:
l. Minimum Lot Size: 6 acres
2. Minimum Lot Area Pe.. Dwelling Unit: 1.5 acre PC" unit
3. Minimum Lot Width: 200 f~t
4. Minimum Front Yard: 30 feet
S. Minimum Side Vard: 20 teet
6. Minimum Rca.J'" Vard: 20 feet
7. Maximum Height: 28' to the mld~polnt of the roof, as measured on aU sides of the building.
except rorthe east elevation. which shall not exceed 32.S' to the mid.point.
8. Minimum Distance Between Principal and Accessory Bu'ldings; No requirement, except that
required by building code.
9. Percent or Open Space Required fOf Building Site; 30 percent
10. External Floor Area Ratio: Floor area shall not exceed 14,000 square feet
11. Internal Floor Area. Ratto: No requirement.
2.
In addition, the Commission .-ccommends th~al Council finds that the proposed SPA meets all applicable
standards (1~8) of Section 26.80.04O(B)..<:)nd. ould be approved with the conctition thaI an SPA plat
shan be approved by the Engineefp:t& ~JtI;tple. corded within 180 days final SPA approval.
. /'..-.. -':~'''....,. ...... ..--- .
G jn_" ..' ... . ~ / ...;. ~
0, encra nOVl$lons: ." ',.. .r.... .-.. .... ,." I.J." )
.' '" ..'1',"".. .,.,>-,
That this Resolution shall not be"~oJlfb ~~ti....e,..q.n16r.:afftl until' the City Council approves the
Peddon for Annexation by duly eJf~~;Ordil(iP1cwd.cfng the s.ubj~t property to the City of
Aspen. . / 'f' t..-~:'l
. .".'" ''.I - ~ ,,;(
All material representation, made by the apP(i~~ application and during public meetings
with the Planning and Zoning Commission shall cd. to and shall be considered conditions
of approval, unless otherwise amended by a Board/Co mission ha....ing authority to do so.
I.
APPROVED by th~ Commis~ion at its continued meeting on March II, 1991.
Attest:
Planning and Zoning Commission:
~. ~tUC~
ara Oman. Chairperson
7?laJ.-cL /.y', /9 y:r
DavisHom~c;.
PLANNING &, REAL ESTATE CONSULTING
November 14,2006
Cindy Houben
Pitkin County Community Development Director
130 South Galena Street
Aspen, CO. 81611
RE: Silver Lining Ranch, Stillwater Ranch Lot 5
Dear Cindy:
The Kids First Foundation has moved the Silver Lining Ranch to southwest Colorado and is
selling the Aspen property where the Ranch has been operating since it was built in 1999. The
Silver Lining Ranch is a facility which assists children with cancer. The Foundation found that
cancer patients who visited the Aspen facility had difficulty adjusting to the altitude in Aspen. It
is also far more affordable to operate the Ranch in southwest Colorado.
Davis Horn rnc has been hired to research the existing development approvals for the property,
Stillwater Ranch Lot 5, for potential future owners. Of particular interest is the possibility of
"disconnecting" the property from the City of Aspen and again becoming a part of
unincorporated Pitkin County under the existing Stillwater Ranch approvals which applied to the
property prior to annexation into the City of Aspen in 1997. We therefore are providing you this
summary of land use actions and approvals related to the property in hopes of returning to these
original Pitkin County approvals.
Stillwater Ranch Subdivision is a Pitkin County subdivision which contains six lots plus an open
space parcel. The Subdivision was approved by the Board of County Commissioners pursuant to
Resolution 94-223 on December 20, 1994 and is recorded at Book 770, Page 783 of the County
records. The Final Plat for the Subdivision is recorded at Plat Book 35, Page 86. Five Growth
Management Quota System allotments were granted for five of the six lots pursuant to BOCC
Resolution 94-125. The fathering parcel is Lot 6 which had an existing house (Fritz and Fabi
Benedict's house) and did not need a GMQS allocation. (See Attachments I, 2 and 3 for
Resolution 94-233, the recorded plat and Resolution 94-125.) ,
The six lots in Stillwater Ranch Subdivision include the following:
Lot I: Approved as a free market lot at general submission; ultimately donated by the Benedicts
as an affordable housing lot since the project was one GMQS allotment short after the
first competition. This avoided going to a second year of GMQS competition the
following year. At first Lot I was to be sold as a free market lot with funds going to the
affordable housing program, but later approvals were obtained for an affordable housing
project which is now built and occupied.
ALICE DAVIS AICP I GLENN HORN AICP
21 S SOUTH MONARCH ST. . SUITE 104'ASPEN,COLORAD081611 . 970/925-6587' FAX: 970/925-5180
adavis@rof.net ghorn@rof.net
Lot 2: Free market lot, now developed with a 9,701 * square foot house owned by Frederic
Home*;
Lot 3: Free market lot, now developed with a 9,809* square foot house owned by Thomas
Reagan*;
Lot 4: Free market lot; under construction; major plat amendment approved to shift and enlarge
the approved existing principal building envelope, to establish an accessory building
envelope and to amend the floor area for the lot to allow for a day-lighted basement. (See
BOCC Resolution #124-2004 in Attachment 4.) This lot is owned by Charles R. Bellock
and is approved for 11,250 aggregate square feet: 8,600 square feet with 2100 sf on the
lower level, a maximum of 1,900 square feet exempt sub-grade square feet and a 750
square foot exempt garage.
Lot 5: The subject property was originally approved as a free market lot and was granted a
GMQS allotment through BOCC Resolution 94-125. The Kid's First Foundation (Silver
Lining Ranch) was the beneficiary of the gift of Lot 5 by the Benedict family for use as
the Silver Lining Ranch. After the gift, the property was annexed into the City of Aspen
through City of Aspen Ordinance No. II of 1997 and Resolution 97-04, both approved in
March, of 1997. (See Attachment 5 for these documents.) These documents granted
approval of the annexation, a rezoning from AFR-2 to Academic (A) / Conservation
(C)SP A; a GMQS exemption for development associated with a non-profit entity,
consolidated Conceptual and Final SPA Review, Conditional Use Review and Special
Review. All approvals were granted in order to develop and operate the Silver Lining
Ranch. The facility has 18,000 square feet including several affordable housing units.
Lot 6: The former home of Fritz and Fabi Benedict and the fathering parcel ofthe subdivision,
now owned by Peter and Julie Gerson.
* Square footage and owners are per Pitkin County Assessor.
The Pitkin County approvals for Stillwater Ranch Subdivision are for four free market bedrooms
per lot plus additional free market bedrooms with further affordable housing mitigation. The
approvals for the first four bedrooms require an above grade, deed restricted one-bedroom
affordable housing unit to be located within the approved building envelopb. More bedrooms
would require approval for more affordable bedrooms or cash in lieu. As shown above in the
previous individual lot discussions, much larger homes with more than four bedrooms are typical
for the Subdivision. The subject property is developed with 15 bedrooms in 18,000 square feet.
Prior to the development of the Stillwater Ranch Subdivision, Stillwater Ranch Parcels was
subdivided into three parcels by state legislation which allowed subdivision of land over 36 acre-s
in size. Stillwater Ranch Parcels include Parcel One, with 52 acres that was subdivided into six
lots plus the open space parcel in the Stillwater Ranch Subdivision, and Parcels Two and Parcel
-2-
Three, both 36.02 acre parcels now owned by the Roll International Corporation. Parcel 3 is
developed with a 14, 688 square foot home and Parcel 2 is vacant.
There is a 2.45 acres outparcel within the. six lot Stillwater Ranch Subdivision owned by Susan
and Helen Hunt. This property is surrounded by the subject property, Lot 5 Stillwater Ranch
Subdivision. The improvements were built in 1949 and included a 2,686 square feet house, a
306 second separate unit and a 676 square foot shed.
Other surrounding uses are the Fleck house, Callahan Subdivision Lot 12 &12A with 1.9 acres,
6,447 square feet plus a 3,275 square foot second unit used as a caretaker unit; Lot 11 Callahan
Subdivision with 1.1 acres under construction and the Aspen Club, adjacent to the west.
In summary, since the Silver Lining Ranch has moved to southwest Colorado, the Kids First
Foundation wishes to pursue abandoning the City approvals, disconnecting from the City,
returning to the original single family approvals of the Stillwater Ranch Subdivision and making
the subject property subject to and entitled to benefits from the zoning and subdivision approvals
applicable to the other free market lots in the subdivision. This single family use was intended
for this 6.457 acre lot and is most compatible with the neighborhood and uses in the area.
Please let us know if you have any questions or if we can provide further information. At this
point, we are simply interested in your opinion regarding this proposal. For your information and
convenience, the following attachments have been included. Thank you for your assistance.
Attachment I: BOCC Resolution 94-233 approving Stillwater Ranch Subdivision;
Attachment 2: Recorded Final Plat for Stillwater Ranch Subdivision;
Attachment 3: BOCC Resolution 94-125 .granting five GMQS allotments for the Stillwater
Ranch Subdivision Lots 1 through 5;
Attachment 4: BOCC Resolution 124-2004 granting a major plat amendment approval pertaining
to Stillwater Ranch Lot 4, the Bellock property; and
Attachment 5: City of Aspen Ordinance No. 11 of 1997 and Resolution 97104 regarding City
approvals for the Silver Lining Ranch.
Sincerely,
DAVIS HORN INCORPORATED
~~
GLENN HORN AICP
-3-
ATTACHMENT---L-
377&78 8-770
SILVIA DAVIS
P-783 12/30/94 04,05P PG 1 OF B
PITKIN COUNTY CLERK & RECORDER
REC
0.00
DOC
U80L1l'1':J:0JI 01' '11m aoaIIIl 01' COVll'lY COIIIa88IOJIDlI 01' PI'I'ItDl COllll'l'Y,
COI.mtslVl, GJl&II'I'DIGI DI'I'AILID aIIIl I'IDL PLlt.'I' Dl'RovaL '1'0 nil
8'1'ILL~'I''' RIMCB IUlD:J:VI8IOJI/l'UD
.eeolutioD "4~
..C'lIfl&L8
1. Fabienne Bensdict, (hereatter "Applicant"), has applied to the
Board of County CommissionDrs ot Pitkin County, (hereattsr
"Board"), to subdivide the Stillwater Ranch into six lots.
2. The subject property is zonsd A!"R-2, POD.
3. The property is located adjacent to and sast of the City of
Aspen, southwest ot Highway 82, more specifically described in
Exhibit "A", attached hereto.
4. .Ths Planning and Zoning commission reviDwed this application
at their reqularly scheduled publio hearing on JanuDry 18, 1994,
and recommended General submission approval subject to conditions.
5. The Board granted five GMQs allotments to the applicant by
Resolution No. 94-125.
6. The Board heard the General Submission application at a
reqularly scheduled and noticed public hearing on AUlJUst 30, 1994,
at which time evidencD and testimony was presented ~n regard to
,
this application.
7. The Planning and Zoning commission reviewed the Detailed and
Final Plat application at their rSlJUlarly scheduled public meeting
on November 8, 1994, and recommended approval subject to
conditions.
8. The Plsnning and Zoning commission reviewed this application
377678
B-770 P-784 12/30/94 04,05P PG 2
OF 8
aDaoluttoD .0. .4-~
1'8'1e I
for Scanic Overlay requirementa at a reqularly echeduled public
hearing on NoV8llber. 29, 1994, and approved the scenic Overlay
review subject to conditions by their Resolution No. PZ-94-15.
_, TIIDUOJlII, DB n' aUOLVBD
by the Board of County
Commissioners that it hereby grant. Detailed~ and Final Plat
approval to the applicant sUbjDct to the following conditions:
1. All utility extendona ahall be located undarground, and
appropriate easamants shall be dedicated to the various public
and private utilities as may be required.
All utility
exteneions shall be located in the property's existing road
system to minimize site di.turbance. If utility extensions
are proposed outsids of approved road alignments, thess
extensions shall be 'shown for review and approval at Detailed
submisaion.
2. All developmant on Lots 1 through 5 shall be limited to
accea. road., the individual driveway., utility extensions,
irrigation ditchea, fances meeting Division of Wildlife
requirements and ths building envelopes.
No disturbance,
including vegetation removal, (unle.. required by the County
for fire protection) shall occur outaide these area..
Land.caping outside of building envelopes may be permitted
upon approval by the Planning Department.
3. The applicant .hall dedicatD a fiShing easement along the
.outherly bank of the river to include the river and five feet
,
of bank above the high water mark. A fiShing .....ement shall
alao be granted bDtween the common boundery of the out parcel
37767S
B-770 P-7SS
12/30/9~ 0~105P PG 3
OF S
a.eolutioll .0. U~
I'&/l. J
and Lot 6 and the centerline at the river.
The applicant
shall work with the County to realign thOSD portions of the
"winter" trail that are located within hazardous avalanche
zone., tD the extent ta.alble.
4. All reeidences shall be conneoted to the Aspen Consolidated
Sanitation Districts CACSD) main aewer line.that runs through
the property. Ths ownere of said lots shall pay the normal
connection fees, along with an additional prorated surcharqe
that will be used to recover the costs of repairing a
downstream constraint. The pro rata share shall be determined
by the ACSD. If a sewag_ pUlllpinq system is necessary on any
parcel, a conventional septic tank shall pretreat effluent
prior to diBcharqe into a pUlllpinq chamber, as recommended by
the Environmental Health Department.
S. The applicant shall make a contribution of $12.600 to the
County trails proqram prior to recordation of the final plat.
No building permit shall be issued within the stillwater Ranch
Subdivision until the .County shall have expended the
contribution on specific trails improvements.
6. The applicant shall obtain aCcess permits and submit erosion
and sediment control plans as requirsd to the County Engineer
for review and approval prior to building permit issuance.
,
7. The Fire District shall be allowed on the. property to check
tire hydrants and watsr prRsaure prior to building permit
issuance.
8. The Applicant or ownsrs sball provide one, above grade, low
ae.olution HO. '4-~
paqD 4
income, one-bedroom affordable housing unit on each of the
five new lots within their desiqnated buildinq envelopes,
concurrently with the construction of each four-bedroom tree
market unit.
An appropriate deed restriction shall be
exscuted and filed with the Housinq Office. The affordable
units shall meet or exceed Housing Office I s minimum, net
livable area requirement for low income units, and shall be
deed restrIcted to the Category #1 income, price and occupancy
"'
u.
o
quidelines in effect at the time of issuance of a building
permit. Planned unit Development (POD) .approval is hereby
qranted to allow smaller lot sizes as ~ necessary .for the
provision of detached or attached affordable housing units on"
..
C!)
"-
"-
If)
<>
..
<>
..
'"
"-
<>
r1
"-
(U
-
Lots 2 and 3.
9. Dogs shall be kenneled or leashed at a11 times. Fenc~ng shall
comply with Division of Wildlife standards, including a
maximum height of 42", four strands or less.
10. Prior to final plat recordation, the applicant shall supply
evidence of an adequate water supply.
11. The protective covenants for the stillwatsr Ranch subdivision
shall be revised to permanently restriot the use of the Open
'"
"'
"
I
"-
<>
"
"
I
'"
space Parcel to agricultural uses and improvements, the
pasturing of horses and related uses and improvements, and
such other open space uses and improvements as may be approved
from time to time by the stillwater Ranch Homeowners
Association, and the continuation of existinq uses. The
"'
"
'"
"
"
,.,
covenants shall also prohibit further subdivision of the open
I
space Parcel, although a lot line adjustmeqt shall be
permitted between the Open Space Parcel and the Out Parcel if
County and landowner approval can be obtained.
<Xl
"-
o
b1
"'
a.
a.
b1
"
"
"
"
'"
"-
"
"
"-
(II
~
"-
<Xl
"-
I
0.
"
"-
"-
I
'"
<Xl
"-
"'
"-
"-
"
aD.olu~10D .0. ,.-~
'&98 I
12, on or before Karch 1, 1995, the applicant shall form a
HomeownDre' Ae.ociation coaprieDd of tho ownere of the eix (6)
lots in the Stillwater Ranch Subdiviaion, and shall convey the
Open space parcel to the Homeowners. Association. The deed
shall reserve the exclusive use, control and expense of the
Open Space Parcel to Fabienns Bensdict and Fredric A. Bsnedict
for the rest of their lives.
13. Removal of mature veqetation outside of any buildinq envelope
on Lots 1 throuqh 5 ie prohibi~ed except. as provided for in
Condition 2 above.
Removal of mature trees within the
buildinq anvelopes shall require approval of a tree removal
plan by the Planning Office. IIature trees moans any deciduous
tree of six-inch caliper at diameter-breast-heiqht or any
everqreen taller than eix feet in helqht.
14 . The northern boundary of the buildinq envelope on Lot 1 shall
be relocated twenty (20) feet to the south to reduce potential.
visual impacts. The applicant IlI&Y relocate the eastern and/or
western boundaries of the building envelope so as to maintain
the size of tho buildinq envelope.
lS. The builcHnq height on Lot 1 shall be limited to a maximum of
20 feet measured from exietinq grade or finished qrade,
whichever is lower, to the top of a flat roof or the midpoint
of a pitched roof. The ridge of a pitched roof shall not
exceed 25 feet above existinq or finished qrade, whichever is
lower.
16.
I
The buildinq height on Lot 2 shall be limited to (i) a maximum
a..olutio. 80. '4-~
P89. .
of 20 feet measured froll the existing elevation of tho
northeast corner of the building envelope to the top of a flat
roof or the midpoint of a pitched roof, or (ii) the maximum
height allowed in the AFR-2 Zone District, whichever is lower.
The ridge of a pitched roof shall not exceed 25 feet above
said existing elevation. The applicant shall establish said
elevation by field eurvey and shall incorporate the same in
the .protective Covenants for the Stillwater Ranch subdivision.
17. The height limitations imposed on Lots 1 and 2 may be varied
'"
subject to obtaining a new Scenic Overlay approval pursuant
to the standards and procedurss in effect at the time of a new
~ application.
18. The owner ot Lot 1 shall submit a landscape plan for revtew
'"
~ and approval by the Planning Office prior to the issuance of
Cl.
Cl.
"'
"
...
"
...
U'
'-
"
,~
'-
'"
a building permit for the residence on Lot 1. The purpose of
the landscape plan shall. be to reduce the visual impact of
development on Lot 1 from Highway 82.
19. section 2(f) of the covenants (lighting) shall be revised to
preclude outside lights on the north side of the buildings on
'"
'"
...
,
Cl.
Lots 1 and 2 (faeing Highway 82).
The .rcbitectural
"
...
...
,
'"
"guidelines" shall be renamed to "requirements".
20. with the exception of one entrance light at the intersection
of Highway 82 and stillwater Road, and ene outdoor light for
the garage er home entrance (unless otherwise required by the
Unifono Building Code), aCce.. drive and 'landscape "accent"
'"
...
..
...
...
,.,
lightinq shall be prohibited on Lots 1 and 2.
Low level
RD.olu~ioD .0. t4-~~2
.sq.7 fD..I-J
walkway liqhtinq, howaver, shall. be allowed for safety
purpo....
All extDrior liqh~inq shall comply with the
'"
"-
o
applicable require.en~s of the Pitkin County Land Use Code.
21. Livestock grazinq and livestock impoundinq is prohibited on
Lots 1 through 5, with the exception of horses, which may be
impounded on Lots 4 and 5. Livestock grazing and livestock
impounding is permitted within the open Space parcel and 6.
22. All material representations madD by theappl1cant in the
application and public meetinqs shall be adhered to and
considered conditions of approval, unless otherwise amendsd
by other conditions.
r-
'"
0-
0-
U1
"
.,.
"
.,.
"'
"-
"
'0
"-
'"
APPROVED AND ADOPTED ON THE 20TH DAY 01" DECEMBER, 1994.
BOARD 01" COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO
/VI'c.IV't;OL. c. 1R-fi""-4IJt:>
By'
J\;S
Dat:.e:
"'
'"
r-
I
0.
'"
l-
I-
I
'"
APPROVED AS TO CONTENT'
;:L .~ .~
_ ~..... -; _J':' "to
.,.,. Suzanne Ko an,
County PI nninq Director
'"
r-
'"
l-
I'-
'0
Tim
Cou
elw/fk.benedict.detailed.reso .
ZXhibit "A"
PARCII. 1., S=lIA!I.'ER RANCH PARCEI.S, according to the Firat Amended
Plat thereot recorded Declmber 2, 1.993 in Plat Book 33 at Paqa 34.
COUN'l'Y OF PI'rKIN, S'l'A'rE OF COLOIlADO.
<Xl
U.
0
<Xl
'"
a.
a.
ill
..
4"
..
4"
'"
"-
..
'"
"-
\1)
..
'"
"
I
a.
..
"
"
I
'"
<Xl
"
'"
"
"
'"
,
Ci
::i
~
"'-
Z
o
Vi
>
o
dl
;:)
t/)
,J:
lU
lZ
,<{
'"
'"
w
~
~
-'
i=
t/)
hi ~u
1f
~ 'li '~
~ j,~l ~'!
~ ,\~ '~
Q. ~" '- '-
<{ ~'..
..... H,t ,.;~
~ ...,,1 :1
~ '.:~') ,
5 I'~
z ~2;t
~ i~"'
~ .P~
o "~,.
u .'.,_Ii
{,~ I ~ UlI ~ I
v ~.'< t1".' ,,~~ II I
ilj;~i~ I.ll'!c !!!'l' ,
d. , '11,\' \ 11 ' "! I~
iimIW!III;.;m;.ij;
~ ~V't~ ~ J~~~~4 "~~
~ ~'r ~~:i~~~!(H~~~~~~ Ii
E I 'I' i',llll'; 'll
e t.~t ~~~~~~~~~I~~~I~ ~ I
',< ,',,\,~", I,,{'I" I
= d~~~.. gK~ll~qf~t ~~
g ~~~~;j~y'llf h~~i~~~
~"!'I&'IIW"1 ~l' 1.
i 1:~~~~I~~g~'~;fr~~,~ ~i
IJ !""i. l~" i
~.. (~~ ~... ' ". .. f t{ Z
~K~'_~"h~ :~w 1"1"-' f
"It . I': .( t1"'!l" ,,~~ -
l ~.;~\1!l~. ;,jl!~l,~\, J. . 'I
~j~il'i\!I~ :1: 311
:~~'~~~"~t~~~,~w~;gf j
;' !l:ll il&ii:1fj;1 rl I
,~~c.~!';~~r~ .. 3~~(~ !l ~~
~,~.I.!",I'!14\j:!m ! ~l
jF:"~.,l 'Vll!'I'''1 .
jj~:l\I,I,I:~,II'11 ~
~.-itllt-~i,.r~f-.L~j _~
H'~^.,:~h "<.'j1h"
~~I-J!\~<i ! U1H fill'
~1liHal'jl"ib,!,1 i
- \>~. o::~f! ~;j t V~
"'~~to::~...:i~~Jgtf\' :.\-<,
z
o
~
.
~
u
~
z
Z
o
N
~
~
z
Z
z
~
.
l
~"~
r~
,.
~~
:!~
~ ~
~l
~ i
H
,
ATTACHMENT 2.
, ~t
~ lJI.
o ~~l f I
~ 5~!~
:: ~~~J
~ ~iel I
~ ~~;; i !
I- ~,.w
z \i~~ 1
5 ~~t .,
u ~lii
0;( (\I!
~~~r
~t,J
...< kCl\
Ii
l!
!~
II "
,~.~ II
1_-;. !~.l!j
! JI'!!
" !'lI!
" 'lIb'
" . . f~
t rt ~ r,q
a.-~
~ l" ..
~ ~.I:~ .<1:
iii, ~
~~g~ ~
~~ l. .
~ ~~:~ I _~
~lljT ".,
!!: H'~... .il
ti ~t~,.~
~ h~f~,
~l"J2~
~ l!l~! 11~i9
: l~~\~ ",'
"
,
i
~
I,
I,
i1
\"
~ l;.
~ ~
"
.,
~~
I
,
o
,
,
.
II
!1~ j" 11"1. II! 1/. ; 'I ~l ,I
~ , IJ~ '~j' :! ~t '"t 92 \l fg
in! ~111'11 I!ll ~I! hi, 1'1' iii'
'M; ;.'!I. ,!l. tl!~ I" 'j'!:! I!'II
" ~ ~ ~H - ~ q l'I!J ~ U I;' I
~~. l' g"j..~ "r!( f',~ ~l:l(!t L S f"
i~!'i ~.'~I ~i'a wll 11,1 fIll 1'''1 :l!
I,' '~. i."" !~-l II" '! ti ':'1
' 1'1' I" " !' "!
' ~t~ ~~ " , ~ o!i 9,:S
~ !!!i 11,1 lill Iii! Ih!!!! l!!j i~!;1
~ Ill!l !Iii Ilj:1 \1;:1 WI !!Il !l~! :!lll
~ .Il"" .",l.",t ,"llH .... .,1.,.\ " .,,\,
~
C!
HII
dB
:tIll
Z . 'II ~ll l1 "!~l II i 'l11 n' i 'I i n I!I.I'!" i( ,,\
! !1!1!!lll!::I.!:!!I!!. lllil!iii.! i!li!i!:iillll,iillil,ii iill!I!'lllli!!!!!!il!i!
~ ql;:R!:I:/ WIII!i~ ,lim~;I~ ~hh!:I! i, i~~!! l' jlllll~ hl!jl'!d.i!~!l
~ I:Pitlliil~ ~lh,.l!:~ !11!H!!!; Ill!,::!ll! 1!!;W!I\l~ !li;hhi11l1i.!l;III!li\
~ ,!;i "lPI'! g,W\l'llh'lijO, ~I' \;~jl" ~l,1 ~1~1\\lll'\'I!ll !-lllll" l~!'
~ ~;;I:;l~~m I;;;i~:l! ~H;~ij!h !l!iI:!MI !lW!!:(~I!!!!I.II!~!ln!!;IP!.!!11:1
E ~~d~~~~~ ~~ <J*~~~9 ~ <p~~~~~~4 <P~~i~-€~~,j ./ ~lf ~~. ~~~ ~~ ~;t~~ ~~ ~ ~fl
u !H"I,Jk ,J".,!, ..I!\..e,h ,..1,,,11,[1. ,..lllloll, "",!iLhl,.l!mLI
'"
'"
:IP
1''1
~i! I
Ill!
,ill
-j ~il
~P!
~df
:,i:[
1M
~~
ti
~!i
n
~ ~
-!
~ ~ i
ill
Api',,","
~e
"
!"
...
w
~
~
....ff'
...""'''''........
,
,
~a
,
~,
.'
',r
j .;,.
. c ,
,
:
~
~~
81
I I
Jl
0.,
~ 1 t
"H
=.,
::I....-,~ .,aN
" .~
./ ~'"
,,--.......'"
~r
~'
on
;~~
~j
~~~
\!"
'I!
\ ~;
z
w
o
Ci 'I
::i h
~ l!
5
II)
:>
o
t:Cl
::I
II)
J:
U
~
IX
IX
W
~
~
....
i=
II)
1
"
l!
n
'0
"
0'
H
.,
..
II
:I
f i
.ili,
illl
!Ii
i ~i ~
ij),
: l~:
~ ~ ~'
;J!
:~m
;~;;l-'
..'.;.~
':::-"
,
.
,..,
ATT ACHM~NT
.ii...~.~
. ;., ' ,,-' 'i
. .~., \...... ~,t-~. ..
;._...._.~- c..... ,""""---".",~-
"r 1:,',_
,-...,
ooc
:1721"12 8-j"5~ P-77(. C)711BIQ4 12119P f'G 1 Or 3
S 1 LVI A DAV 1 5 P 1 T~ 1 N COUNTY CLS:R.I: a. RECORDER.
REC
0.00
A RBBOLU'!%01I oF '!lIB BOMn OJ' cotJll'n CQJOl1:B8%0.zas
OJ' P%'f-'I.l1 comrrY, coLQPDO, eJItl.JiiITI.lIG I'm:
OROftH lQ8.GBIlBIR QUOTA IYITBK Mo%oOTKBI1'1'S
TO TBB BJD1BDtCT l'ftLLWATn :aMlcB SUBDtvI.SI.Olll
a..~lu~ion 194-~
,P.m:'fl.L8.
1. Fabienne Benedict, (hereafter "APplicant' I . r~e.ted that the
Bo.rd of county commis.ioners, (her.aft"r 'Board"). grant excess
Growth Management Quota system Allotr-nte for the Benedict
.stillwater Ranch pursuant to section 5_510.3(a) of the Land Use
code.
2. Ths property is located southsast of, and adjacent to, the
city of Aspen (as described on Exhibit lA' attached).
3. The Board heard this application at their rsgular meeting on
June 28. 1994, at which tine evidence and testimony was presented
regarding this application.
4. The Board findS that this application furthers cOllllllunity goals
by providing a sits for smployee hOusing, trails for public use and
significant open space.
NOW, ftBIl'll'OltB, BB I.T UBOLVBD
by the Doard of county
commissionere that it hereby grants fivs (5) Growth Management
Quote system Allotments to the Applicent subject to the requirement
that the Applicant complete all further subdivision review
beginning with and including Genoral SUbmission to the Board.
.~
I
.'
l~
,
\
\
...."'"'.!{
l'
r
i
i
,
>
~:....'" ",
,,~.. .fjj, .>"".
._\~~~~.,.'~ ..f..... "." ,(,.
""..,
~:,
....\
:\)'
,.~.,:>.
.'Iot;
F,....."'.......
~."'...
'", -~
: .'~'
~.~
"
~
r
...olut1on HO. 94~~
..9- 2
dV"ovBD AJID ~SD OIl 'fIIB 28TH 'D~y 09 JUHB, 119&.
BOARD of coUNTY COHMiSSIONERS OF
p:tT1<:IN COUNTY. COLORADO
By~tW,r2~:...
Robert c. cnr'/' ~iraan
cate' "7 '? 0.1
APPROVED AS TO CON'TENT:
~ K~e:-
county Plannin9 Director
"
~
APPRovED "'" TO 1'0111"
3721q2
B-7~~ p-771 07/18/94 12;lQp PB 2
OF 3
i
\
\
I
i
I
I
,
\
1
.,
f
~
... ,-~
,.#'.
.... ,,;:'
~
(:~)~,II vcL lcn L[-
IllI/lllllll 111111 1/1111111111111111111111 11/1111111111 ~~:~~~;:3:27>
SILVIA DAVIS PITKIN COUNTY CD R 0.00 00.00
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, GRANTING T~Q~LI..OCKMAJOR PLAT AMENDMENT FORLOT 4.;'
STILLW A TER RANCH SUBDIVIS'ION
Resolution No.1 A '1-2004
Recitals
ATTACHMENT ~
I. Charl~s Belluck "Applicant", has applicd III the Pitkin County Bonrd of County Commissi()n~r".
"13oec". lor a Major Plllt Amendment 10 shill and enlarge the building envelope. create II
development ellvelope and lIlllend II conditiol1 of approval that limits flour area on the lot to
:II/ow for a day-lighted basement.
2. The lot is .Iocated cast of Aspen, and is more specifically descri~ed as Lot 4, Stillwater Ranch
Subdivisloll. .
3. The Plaoning and Zoning Commission heard this application at their regularly scheduled public
meeting on June I, 2004, at which time they recommended approval by a vote of 4-0.
4. The Board heard the request on I U rea~ing at tbeir regularly scheduled and duly noticed public
hearing on July 28, 2004, at which time evidence and testimony were presented with respect to
this application. Second reading was held on August 11,2004.
5. TIle Board finds that this application is consistent with the applicable Sections of the Pitkin
County Land Use Code.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County
Commissioners that it hereby grants approval to the BeHock Major Plat Amendment subject to the
following cooditions, which shall run with the land and be binding on all successors in interest:
1. The Applicant shall comply with the provisions of BOCC Resolution Nos. 94.132, 94-156, 94-
233 and 99-IO/tunless otherwise replaced or amended by the condition~ oftbis approval.
2. TIle Applicant. shall prepare an Amended Plat for Lot 4, Stillwater Ranch Subdivision in
accordance with Pitkin County Land Use Code Sections 5-40 and 5-60-040 to establish an
accessory development envelope, and shift and enlarge the existing principal building envelope.
3. No development, including grading, excavation, fill placement, berming) landscaping, entry or
ranch gates, and vegetation removal or disturbance shall pccur outside of the approved building
envelope except for access, grading, landscaping and wildfire mitigation, which can occur within
the designated development envelope. Construction, staging, parking, utility and driveway
extension and maintenance shall occur within approved building/development envelope, or
access dri~eway.
4. Prior to the submission of a building permit, the Applicant shall be required to make a cash-in-
.'ieu payment to the Aspen/Pitkin Housing Authority of$220,400 for housing mitigation for Lot.
4. Stillwater Ranch Subdivision. This payment sball constitute the full mitigation requirement
from the original Subdivision approvals regarding the housing.
5. Prior to the issuance ofa building permit, the Applicant shall submit a landscaping and grading plan
to Community Development for review and approval.
I
Resolution No./1'L -2004
Page 2
111111111111111111111111111 ~:~:~~~;~ ~3. m
5 SILVIA DRYIS PITKIN COUNTY CO 1 ~ 0.00 0 0.00
6. Pursmll1t to Ordinance No. 022-2000, the Applicants are subject to the Fair Share Requirements
und shall pay a road impact tee.
7. Prior 10 the submission of a building permit, the Applicant shall be required to oblain an
Access/Driveway Development permit for ti,e constrllction of the new access.
H. Lighting shall ~omply wilh Ihe Pitkin County lighting standards at the time of installation.
l). The residence shall have a floor area Iimitatiol1 of 8,600 square feet as calculated allimc of building
permit, with 2,100 square teel of nOllr area located 011 the lower level. Exempt sub-grade space
shall be limited to 1.900 square feet as calculated at time of building permit. and shallllluinl1Jin Il .
permanent separation (wall) Irom non-exempt noor area, as depicted ill Exhibit A. The lot shall
mainlain a 750 square toot exemption l1'om the calculation of 110ar area for a garage. The nggregate
square footage on the Lot shall nol exceed 11,250 square feet.
10. The Applicant shall adhere to all material representations made by the application or in public
meetings.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 28th day of June,
2004.
INTRODUCED AND FIRST READ at the regular meeting and public hearing on Ihe 28th day
of July, 2004.
APPROVED AND ADOPTED AFTER SECOND READING on Ihe II th day of August,
2004
BOARD OF COUNTY COMMISSIONERS
OF PITKlN COUNTY, COLORADO
A..-_ >/.-_ / ~___ .:.
Dorothea Farris
Chair
Date: <;- '7- 0 f
APPROVED AS TO F
APPROVED AS TO CONTENT:
~
~uu CCL~ cA<
Cmdy ouben, .
Community Development Direclor
/
'"
Case #040-04
PID #273718405004
~
'~~50:
I I
I)Lf. '2po<{
~
~
0..: "
,
~ ~
.0 ~
.[;) ::
.o.."S {)
:il"8 '"
.Q ~
~::,.Q
~rf") 8 a' _d
lSb~ Ii
(lq~~
t~ (l :
~~ ~
~~R::
.~
::::
..::i
V).
o
"
.~ :
(-"" ~_.__,-'r;.
I r"~.i!......-....~'I .
[if --:-:.J-"
I'I
--.
-'-. /"
:3l,.
>.1-";,
Hi
t
.
~!
:,
<l'
"
lIlt
II,
~11
.
a
,. ,
502835
Page: 3 Df 3
10/06/Z00-4
o e 03:271=
.00
.3
MEMORANDUM
TO:
Pitkin County Board of County Commissioners
Regular Meeting - August II, 2004
Cindy Hoube~ &o~%~ity Development Director
THRU:
FROM:
Ezra Louthis, Planner
RE:
Bellock Major Plat Amendment for Lot 4 Stillwater Ranch Subdivision--2nd Reading
SUMMARY: The Applicant is requesting a Subdivision Exemption for a Major Plat Amendment to
relocate and enlarge the existing building envelope, create a development envelope, and amend a condition
of approval that limits the maximum floor area on the lot to 6,500 sq. ft.
The Applicant is requesting to enlarge the envelope by 566 square feet, and to shift the envelope slightly to
the south, away from the adjacent property. In addition to the amendment to the existing building envelope,
the Applicant is requesting the creation of a development envelope for access, grading and landscaping
purposes around the building envelope. The request for the development envelope is partially related to the
need for access and subsequent grading to occur outside of the designated envelope, as well as the need for
the relocation of the Nellie Bird Ditch and the pond drainage around the proposed house. Lot 4 has the right
to relocate the Nellie Bird Ditch and the drainage for the pond per the Final Plat and the Covenants for the
Subdivision. The Applicant is also requesting to increase the maximum allowable floor area from 6,500 sq.
ft. to 8,600 sq. ft., while limiting the below grade space to 1,900 sq. ft., and maintaining a garage exemption
of750 sq. ft. (11,250 sq. ft. total). The request by the Applicant for more floor area beyond what is allowed
by tlle existing approvals is based on the contention that due to site topography, the house design cannot
meet below grade requirements for the 4000 feet of exempt space, and that some of the basement will have
,
to be daylighted.
The Applicant also wishes to buyout the lot's affordable housing requirement, in which the lot is required
to provide an onsite Category Unit pursuant to the Subdivision approvals.
APPLICANT: Charles Bellock
REPRESENTATIVE: Vann Associates, LLC
LOCATION: Lot 4, Stillwater Ranch SubdivisionlPUD
ZONING/LOT SIZE: The property is zoned AFR-2 and contains approximately 4.433 acres.
BACKGROUND: The BOCC voted 4-0 in favor ofthe Bellock application with a direction that the
Employee Housing Mitigation requirement be reviewed at 2nd Reading. The Applicant had requested to
mitigate the requirement from the original Subdivision approval by paying a cash-in-lieu amount equal to _
the cost of a one-bedroom, Category I Unit at time of subdivision review (1994), plus adjusted CPI (this is
what the P&Z recommended as well). The Applicant has not submitted anything formal to Community
Development regarding the Mitigation requirement, but has indicated that he will have a new proposal for
the Board. .
RECOMMENDATION: Staff recommends the Board adopt the following motion, "to approve the 2nd
Reading oftlle Bellock Major Plat Amendment" subject to the conditions in the attached resolution.
MEMORANDUM
THRU:
Pitkin County Board of County Commissioners
Regular Meeting - July 28, 2004
-;lc.~"'~
Cindy Houben, Community Development Director
TO:
FROM:
Ezra Louthis, Planner
RE:
Bellock Major Plat Amendment for Lot 4 Stillwater Ranch Subdivision-I" Reading
(public hearing)
SUMMARY: The Applicant is requesting a Subdivision Exemption for a Major Plat Amendment to
relocate and enlarge the existing building envelope, create a development envelope, and amend a condition
of approval that limits the maximum floor area on the lot to 6,500 sq. ft.
The Applicant is requesting to enlarge the envelope by 566 square feet, and to shift the envelope slightly to
the south, away from the adjacent properly. In addition to the amendment to the existing building envelope,
the Applicant is requesting the creation of a development envelope for access, grading and landscaping
purposes around the building envelope. The request for the development envelope is partially related to the
need for access and subsequent grading to occur outside of the designated envelope, as well as the need for
the relocation of the Nellie Bird Ditch and the pond drainage around the proposed house. Lot 4 has the right.
to relocate the Nellie Bird Ditch and the drainage for the pond per the Final Plat and the Covenants for the
Subdivision. The Applicant is also requesting to increase the maximum allowable floor area from 6,500 sq.
ft. to 8,600 sq. ft., while limiting the below grade space to 1,900 sq. ft., and maintaining a garage exemption
of750 sq. ft. (11,250 sq. ft. total). The request by the Applicantfor more floor area beyond what is allowed
by the existing approvals is based on the contention that due to site topography, the house design cannot
meet below grade requirements for the 4000 feet of exempt space, and that some of the basement will have
to be daylighted.
The Applicant also wishes to buyout the lot's affordable housing requirement, in which the lot is required
to provide an onsite Category Unit pursuant to the Subdivision approvals.
APPLICANT: Charles Bellock
REPRESENTATIVE: Vann Associates, LLC
LOCATION: Lot 4, Stillwater Ranch SubdivisionIPUD
ZONING/LOT SIZE: The properly is zoned AFR-2 and contains approximately 4.433 acres.
BACKGROUND/EXISTING CONDmONS: The properly was originally part of the 124-acre
Stillwater Ranch (Benedict Ranch), which was divided into 3 separate lots in 1993. Lot 1 (52 acres) was
then subdivided into the 6-lot Stillwater Ranch SubdivisionIPUD in 1994 pursuant to BOCC Resolution
Nos. 94-156 (Conceptual) and 94-233 (DetailedlFinal). Lot 4 is part of the 6-lot Stillwater Ranch
Subdivision/PUD, which received its development rights in a unique way.
The Subdivision originally applied for GMQS allotments for development rights in 1993, in which it
competed with the Moore PUD. The Moore PUD scored better than Stillwater, and Stillwater was granted
no development rights per the GMQS competition. With potential changes in the Land Use Code
contemplated at the time which would have limited allotments available to this Subdivision in 1994, the
Applicant chose to apply for four GMQS allotments in excess of the available Metro Area Quota for 1993
pursuant to Code Section 5-510.3 (a) which stated: "In awarding allotments in any given year, the Board of
Memorandum: Bellock, Lot 4, "tillwater Ranch Subdivision Major Plat Amendment
July 28, 2004
Page 2
County Commissioners may authorize construction in excess of the maximum number of dwelling units
specified in Section 5-510.l(a) by as much as twenty percent (20%) of the quota established, provided,
however, that any such excess shall be offset by a corresponding reduction in allotments given in successive
years such that every fifth year the allotment within the previous five years shall not be in excess of the
cumulative total prescribed by Section 5-510.1(a)." This Code Section provided no criteria to determine
when it was appropriate to grant such excess allotments, just that the excess could be provided.
As part ofthe Application submitted by the Applicant for the excess allotments in 1994, the Applicant
voluntarily limited the square footage on the lots to 6,500 square feet as well as donated land for open space
and affordable housing (see Attachment C).
PLANNING AND ZONING COMMENTS:
The Planning and Zoning Commission (P&Z) voted 4-0 to pass on a recommendation of approval of the
Applicant's request for the Major Plat Amendment. As part of the motion, they requested that a landscape
and grading plan be submitted to alleviate concerns over screening ofthe residence, and that the built
residence reflect what has been represented from a design standpoint.
VIEW OF PROPOSED ENVELOPE FROM EASTERN EDGE ABOVE POND FACING WEST.
REFERRAL COMMENTS: The following agency has been referred on this case.
I
1. Zoning: Joanna Schaffner, the County Zoning Officer, commented on concerns about setback
requirements (which will be adhered to by the Applicant), and the request for the floor area increase.
Ms. Schaffner commented that the Applicant has not demonstrated that he cannot meet the
requirements of below grade exemption, and that it appears to be a design issue and does not warrant
a floor area amendment. She cautions against creating a precedent based on design issues.
Referral memos received have been attached for your reference.
Memorandum: Bellock, Lot 4, ~,.llwater Ranch Subdivision Major Plat Amendment
July 28, 2004
Page 3
MAJOR PLAT AMENDMENT
Pursuant to Section 3-190-090, a subdivision exemption for a major plat amendment may be permitted
subject to compliance with the following standards:
A. Amendments shall be consistent and compatible with the surrounding neighborhood.
Response: The proposed amendment to slightly enlarge the building envelope and rotate it to the south
is compatible and consistent with the surrounding neighborhood. The relocation of the envelope slightly
to the south makes the (proposed) house less visible by the adjacent lot, yet still maintains a clustered.
pattern.
The request for a development envelope for access, grading and landscaping purposes is similar to the
amendment granted to Lot 2, Stillwater Ranch SubdivisionIPUD, which created a development envelope
for access and landscaping. In general, the request is compatible, and is required to a certain degree for
the placement of access that complies with the Fire District standards for driveway width and
turnarounds, and for the relocation of the proposed pond drainage easement and the Nellie Bird Ditch.
However, it is unclear to Staff why the proposed development envelope needs to extend past the building
envelope to the west, since the realigned drainage ditch from the pond is to tile south of the building
envelope and it appears could stay to the south. Considering there exists a number of mature Aspen trees
and natural screening from the Open Space, the Roaring Fork and Lot 6 of the Subdivision in tllis area,
Staff feels it is appropriate to maintain that area as outside the development envelope. Regarding this
issue during the P&Z meeting on June 1st, tile Applicant offered that the relocation of the pond drainage
required the development envelope in this area, and felt that providing a grading and landscaping plan
during the building pennit process to Community Development for review and approval would alleviate
any screening concerns. The P&Z's recommendation is reflected in the conditions of approval.
The request for the amendment to the allowed floor area is not consistent with the surrounding
neighborhood or the original review. As noted in tile Application, Lot 4 does contain slopes that Lots 2
and 3 do not. Lots 2 and 3 are developing with a 6,500 sq. ft. maximum, utilizing the 4,000 below grade
exemption. The Applicant indicates that because of site topography and constraints, it cannot design a
house that will be able to utilize tile full below grade exemption. As Ms. Schaffner indicated in her
conunents, sites on steeper and more constrained lots, such as Red mountain, have developed their below
grade exemptions that meet the code requirements. She then goes on to state that it is a design issue, and
should not substantiate the request for additional square footage on the Lot. Furthennore, although the
underlying zoning of AFR-2 would allow for a house of 8,931 sq. ft., Staff feels that the maximum
allowable floor area should remain at 6,500 sq. ft. as represented in the application when the Lots
received the excess allotments in 1993-94, and as dictated in BOCC Resolution No. 94-165.
:'
Memorandum: Bellock, Lot 4, ;,rillwater Ranch Subdivision Major Plat Amendment
July 28, 2004
Page 4
View of building envelope facing northeast.
B. Additional community impacts resu/tingfrom the amendment shall be completely mitigated by
the applicant.
Response: Relocating the building envelope to the south will limit some of the visual impacts by
locating the development down the slope. Staff is concerned that allowing the development envelope to
extend beyond the proposed western edge of the building envelope, and into some mature Aspen trees,
will result in the grading out of that area, and lhe destruction of natural screening from the river, the open
space and Lot 6. At the P&Z meeting the Applicant offered to provide a landscape and grading plan at
buildin for review and a roval to alleviate these concerns.
....,.t ..<~~n~r~~~~
'.;?~i[i{;"'t'~ '
- (."i"
~.
The proposed development and building envelope as seen facing east from the west property line.
Memorandum: Bellock, Lot 4, ..,cillwater Ranch Subdivision Major Plat Amendment
July 28, 2004
Page S
C. The amendment must comply with the standards of this Code whichever are applicable.
Response: The proposed amendments comply with the standards of this Code.
D. In no case shall a major plat amendment be utilized to increase the number of lots on a plat.
Response: No new lots are created.
BUILDING ENVELOPE ENLARGEMENT AND SIllFT:
Staff concludes that the proposed building envelope and shift is appropriate and consistent with the
neighborhood and the original reviews.
DEVELOPMENT ENVELOPE:
Staff concludes that the proposed development envelope for access, grading and landscape purposes is
appropriate and necessary for the location and design of the access, as well as the relocation of the pond
drainage and Nellie Bird Ditch. However, Staff feels that the portion of the development envelope to the
west of the western boundary of the proposed building envelope is not appropriate considering there
exists a number of mature Aspen trees and natural screening from the Open Space, the Roaring Fork and
Lot 6 of the Subdivision in this area, and that by establishing the envelope could result in the destruction
of that area. Based on a site visit and existing conditions, it appears that the pond drainage could be
routed to avoid that area. As noted before, the P&Z voted to approve the request and to add a condition
of approval that would require a landscape and grading plan for review to assure that proper screening
was maintained.
MAXIMUM FLOOR AREA INCREASE:
Staff concludes that the request for additional floor area from 6,500 sq. ft. to 8,600 sq. ft. is neither
consistent with the neighborhood, or the original review which allocated the excess allotments based on a
representation that the Lots would be limited to 6,SOO sq. ft. As noted by Ms. Schaffner, it appears that the
below grade Code requirements can be met on a lot such as this, and that a design issue should not
substantiate the request for more floor area. The P&Z, however, felt that the unique nature of the
Subdivision would preclude the Applicant's request from creating a precedent, and'that by limiting the
overall square footage (including exempt below grade square footage) on the lotto 1!,2SJS . ft. would no.t
be of significant concern. -! I
' 4: I 7-
EMPLOYEE HOUSING MITIGATION REOUIREMENT: f t 7 r.(li> 17\-..1I~{'l.P
Staff concludes that Condition No.8 of BOCC Resolution 94-233 (Detailed and Final Plat Approval),
which requires that a fully deed-restricted, Category I affordable housing unit be C'ilnstructed on-site can be
mitigated by paying a cash-in-lieu amount equal to the cost of a one-bedroom, Category I Unit at time of
subdivision review (1994), plus adjusted CPr. If at the time of building permit submission the Code has
been amended regarding alternative mitigation for previously approved deed restricted rental lilits, the
Applicant shall comply with the Code in effect at that time.
C(f5
RECOMMENDATION: Planning and Zoning Commission recommend that the Board pass the following
motion, "to approve the Bellock Major Plat Amendment on 1'1 reading" subject to the following conditions,
and setting 2nd Reading for August 11,2004."
Memorandum: Bellock, Lot 4, ",dlwater Ranch Subdivision Major Plat Amendment
July 28, 2004
. Page 6
ATTACHMENTS:
A. Draft Resolution
B. Zoning Comments
C. Application for excess allotments
D. Staff Memo to P&Z June 1,2004
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, GRANTING THE BELLOCK MAJOR PLAT AMENDMENT FOR LOT 4,
STILLWATER RANCH SUBDIVISION
Resolution No. _-2004
Recitals
I. Charles Bellock "Applicant", has applied to the Pitkin County Board of County Commissioners,
"BOCC", for a Major Plat Amendment to shift and enlarge the building envelope, create a
development envelope and amend a condition of approval that limits floor area on the lot to
allow for a day-lighted basement. .
2. The lot is located east of Aspen, and is more specifically described as Lot 4, Stillwater Ranch
Subdivision.
3. The Planning and Zoning Commission heard this application at their regularly scheduled public
meeting on June 1,2004, at which time they recommended approval by a vote of 4-0.
4. The Board heard the request on I" reading at their regularly scheduled and duly noticed public
hearing on July 28, 2004, at which time evidence and testimony were presented with respect to
this application. Second reading will be held on August II, 2004.
5. The Board finds that this application is consistent with the applicable Sections of the Pitkin
County Land Use Code.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Board' of County
Commissioners that it hereby grants approval to the Bellock Major Plat Amendment subject to the
following conditions, which shall run with the land and be binding on all successors in interest:
. !
1.
The Applicant shall comply with the provisions of BOCC Resolution Nos. 94-132, 94-156, 94-
233 and 99-108 unless otherwise replaced or amended by the conditions of this approval.
2.
The Applicant shall prepare an Amended Plat in accor~ce with Pitkin County Land Use Code
Sections 5-40 and 5-60-040. -7 o---P 6..J- "'{, .
3.
No development, including grading, excavation, fill placement, berming, lan~scaping, entry or
ranch gates, and vegetation removal or disturbance shall occur outside of the approved building
envelope except for access, grading, landscaping and wildfire mitigation, which can occur within
the designated development envelope. Construction, staging, parking, utility and driveway
extension and maintenance shall occur within approved building/development envelope, or
access driveway.
4.
Prior to the submission of a building permit, the Applicant shall be required to make a cash-in.
lieu payment to the Aspen/Pitkin Housing Authority equal to the amount required for a one-
bedroom, Category I Unit at time of Final Plat Approval (1994), plus adjusted Denver/Boulder
CPI to the date of building permit submittal. '@: at the time of building permit submission the
Land Use Code has been amended to provide for an alternate means of providing required
housing mitigation in cases where deed restricted rental units had been approved, the Applicant
shall comply with the amended terms of the Land Use Cod~,
/'
\,VU-'>
.~ f)
tV . . yf} . \ IL 'vl{;~'l( ~
, : N~
Resolution No. -2004
Page 2
5.
Prior to the issuance of a building p~rmit, the Applicant ~hall submit a landscap. ing a-rd gradinE; rl~
to COlmnuIllty Development for review and approval../ b L.-- ,ht~ ~pe1;1o.ff to 'VI 'fvvJ"!;
Pursuant to Ordinance No. 022-2000, the Applicants are subject to the Fair Share Requirements
and shall pay a road impact fee.
6.
7.
Prior to the submission of a building permit, the Applicant shall be required to obtain an
Access/Driveway Development permit for the construction of the new access.
8.
Lighting shall comply with the Pitkin County lighting standards at the time of installation.
9.
The residence shall 'have a floor area lirllitation of 8,600 square feet as calculated at time of building
permit, with 2, I 00 square feet of floor area located on the lower level. Exempt sub-grade space
shall be lirllited to 1,900 square feet as calculated at time of building permit, and shall maintain a
permanent separation (wall) from non-exempt floor area. The lot shall maintain a 750 square foot
exemption from the calculation of floor area for a garage.
10.
The Applicant shall adhere to all material representations made by the application or in public
meetings.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 28th day of June,
2004.
INTRODUCED AND FIRST READ at the regular meeting and public hearing on the 28th day
of July, 2004.
,
APPROVED AND ADOPTED AFTER SECOND READING on the 11th day of August,
2004
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Jeanette Jones
Deputy Clerk
Dorothea Farris
Chair
Date:
.APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
"'..I' .. CQ..Ji\. k,c \I-
C nd Rouben,
Community Development Director
Jolm Ely,
County Attorney
Case #040-04
PID #273718405004
MEMORANDUM
TO:
Ezra Louthis, Planning
FROM:
Joanna S. Schaffner, Zoning Officer
DATE:
May 10, 2004
RE:
Stillwater Ranch Subdivision
Lot 4, Major Plat Amendment
Parcel 1D# 2737-184-05-004
-=-=-=-=~=-=-=~=-=-=-=-=-=-=-=-=-=-=-=-=-=-~-=-=-=-=-=-
I have reviewed the above referenced application and offer
the following comments.
1.Unless PUD setback variances have been or will be
granted, all development greater than ~O inches in height
above or below the natural grade must comply with yard
setback requirements. Development within building /
development envelopes is not exempt from yard setback
requirements.
2. The applicant proposes an amendment to allow an
additional 2,100 sf of floor area on the site, because the
applicant claims it can not meet the requirements of the
below grade exemption, thereby creating an "inequitable
situation" since the applicant is "unable to develop as
much exempt basement floor area as these neighboring
properties" (Lots 2 and 3).
The Stillwater Ranch Subdivision approval currently limits
development to 6,500 square feet of floor area (plus 4,000
square feet of below grade area and 750 square feet of
garage area exempt from Floor Area.)
The applicant states that the amendment would not change
the overall limitation on the size of the improvements on
the property, remaining at 10,500 square feet (same as Lots
2 and 3). This is unclear: 6,500 sf + 4,000 sf + 750 sq ft
= 11,250 square feet.
The below grade exemption was adopted in 1994 because it
was believed at that time, that the only impacts to large
homes was visual. Since below grade areas couldn't be
seen, they were exempted from floor area up to 4,000 sf.
Based on the AFR-2 zone district, the allowed floor area
for a 4.433 acre parcel is calculated using the following
sliding scale:
Lot Size: 4.433 acres x 43,560 sf = 193,101 sf
25,000 sf x .13 = 3250
25,000 sf x .09 = 2250
50,000 sf x .05 = 2500
100,000+sf x .01 = 931
8,931 sf
The total allowed floor area for a 4.433 acre lot is 8,931
sf. Plus, if in the Urban Growth Boundary, (as is Lot 4)
the parcel is allowed a 4,000 square foot below grade
exemption and a 750 square foot garage exemption. Note:
Ponds are not deducted from lot size to determine lot area.
The applicant has not demonstrated that it cannot meet the
requirements of the below grade exemption. Because "the
lot is not flat" is obviously not an excuse as is evidenced
by all the below grade exempt areas on Red Mountain. The
fact that material from the gravel operation was deposited
on the site can be mitigated. This appears to be a design
issue and does not warrant a floor area amendment.
Zoning staff cautions against creating a precedent by
increasing allowed floor areas based on design issues.
ATTACHMENT
$-
RESOLUTION OF THE AaPEN PLANNING AND ZONING COMMISSION
GRANTING APPROVAL FOR ~ONJ:)I:!IO~ !LS.E.s..Ul.THE.ACADSMI~~l~I'l_D
CONSE~Y AIlDN (C).ZOl'IE DI&TIUCTS;-sPECfAL REVIEW.OF PARKING REQUlREMll.NTa,
. . .8040 GREENLlNE REVIEW, AND STREAM MARGIN REVIEW FOR THE KIDS STUFF
FOUNDATION DEVELOPMENT LOCATED ON LOT 5 Oil' THE srD.LWATER RANCH
SUBDIVISION, AND IUl:COMMENDING APPROVAL OF REZONlNG ANI)
CONCEPTUALlFINAL SPECIALLY PLANNED AREA (SPA) DEVELOPMENT PLAN FOR THE
KIDS STUFF FOUNDATION DEVELOP!lfENT LOCATED ON LOT 5 OF THE STILLWATER
RANCH SUBDlV1SION,
CITY OF ASPEN
Resolutioa 97~
WHEREAS. The Community Development Department received an application from The Kids
Stuff Foundation. Cor Conditional Use Review Cor dormitory housing, a health care faoi1ity and a. dining
ball in th.cu!.\~~mU~_~..!.~i.ltr!ct and for a swimm!n.A.20yl irUMJ:;.onHl'lalion.z.onA...cI1stt1~ Special
Review for parkins requirements in me Academic ione district; 1040 Greenlina Review; Stream Marsin
Review; Rezoning; and, ConceptuaVFinal Spei:iaJly Planned Area (SPA) Review; and
WHEREAS, Pursuant to Section 26.60.040 of the Aspen Municipal Code. Conditional Use. may
be approved by rhe Planning and Zoning Commission: pursuant to Section 26.64.040 of the Aspen
Municipal Code~ parkins requirements in the Academic zone district may be approved by the Planning and
Zoning Commission through Special Review; pursuant to Section 26.68.030 of the Aspen Municipal
Code. 8040 Grcenline Reviews may be approved by the Plannjna and Zoning Comminion. and pursuant
to Section 26.68.040 of the Aspen Municipal Code, Stream Margin RevilltWl may be approved by thl
Planning and ZoniDg Commission. and
WHEREAS. Pursuant to Section 26.92.020 of die Aspen Municipal Code. the Plannins and
Zoning Commission shall make. recommendation to the City Council regardlns requests to aalllnd the
Offici.l Zone District Map: and pursUlUlt to Section 26.80.030 of the Aspen Municipal Code. the Planning
and Zoning Commission shall make a rec:ommendation to the City Council relarding ConccptuaVFinal
Specially Planned Area (SPA) Development Plan proposals; and
WHEREAS. the Housing Office, City Engineering, Parks Department, ~en Consolidated
Sanitalion District, Environmental Health Department and Community Development, Department reviewed
the proposals and recommended approval of each witb conditions: and
WHEREAS, the above referenced application was legally noticed for a public hearing; and
WHEREAS, during the public hearing at a continued meeting on March 11. 1997, the PI.um.ina
and Zoning Commission approved by . 540 vote the Conditional Uses with cond.itions, the Spec:ial.Review
with conditions, the 8040 Greenline Review with conditions, and the Stream Marain Review with
conditions; and. i
WHEREAS. durin! a public: hearing at a continued meeting on March II, J997, the Planning and
Zoning Commission recommended approval by . ,-0 vote of the request to amend the Official Zone
District Map and the ConceptuaVFinal Specially PI<ncd Arca (SPA) Development Plan proposal.
I
NOW, THEREFO:R.E BE IT RESOLVED by the Commission:
U'~4111"IUI'II~UJa!'1!!11111I11111111
7 of II II SI.1lII D '.1lII " .... PZ'Il(ZN COUNTY CLDIC
A. Condirional Use:
That the Conditional Use for .da.tmi~QQI.J1~Y!i~I..b,!!obh ~..f'fOll1~Jlglil.lLghl!!l&Jl.JJJn _t"uudMlic
(A) ~n~_!l.~tricl,. and a swimmina paolin the Conservation eC) zone district at Kids Stuff Fourulation on
Lot S of tho StUlwarer Ranch Subdivision is approved with the following conditions:
LILY /,/\
~" 't..l;ctt ;... "-.......1-
I. Prior to the issuance of any building permits the applicant shall:
a) rnstaJllny new surface utiHries rcquirioa a pedestal or other above ground equipment on
an casement provided by the propeny owner and not within tho public tiaBts-of-way:
b) Locate any additional proposed conatruction in s~ch . way that it does not encroacb into
an existina utJlity-Cll5emenl or public right-of-way;
c) Agree. to join any future lmprovement districl(S) which may be formed for rhe purposo of
conStructina improvcmenra in adjacent public ri8hts-of-way~ the agreement shall be executed
and recorded concurrently upon approval or this application:
d) Submit a "Site Improvement Survey" to the Engineering Department;
e) lndicllte all utility meter I~ation$ and traSh containment areas on flaBI development
plans;
o Ensure that the project 1n"'S all runoff desian standards of Section 26.88.040(CX4)(O
wlth the building permit-application, and provide a Utainage report and mitigation plan signed
and stamped by an engineer registered in the State of Colorado;
g) Submit . permanent l:rosion control plan and a temporary sedlmen.t control plan and
containment plan (or the construction phase; an'.i
h) Needles and other conwninared [terns will need to be handled as medical waste and the
operator will need to contract with a medical waste pick up haulor to properly dispose of tbose
items.
2. Prior to the issuance of a Certificate of Occupancy (CO), the applicant shall:
a) Submit Bs~built drawings of the project showina property lines, building footprint,
easements, any encroachments, eptry point. for utilities entering tb. prop8J1Y boundaJie.s and
any ather improvements to the AspenIPitkin County Data Processing Department in accordance
with City OIS requirements. irand when, any exterior renovation or remodeling oCthe property
. occurs that requires a building pennit:
b) Pennit Community Development Department and Housing OfTlCe staff' to insplll(;t the
property to determine compUanclII wi~ the conditions of approval;
c) Be required to sign a sidewalk, curb and guucr a&rOcment with the City;
d) Increase the width of the access easement through. the propeny to tWenty (20) feet In
order to meet cmcrlcncy I1CCCSS width rcqulremonts, and cmwaen'Y access to the n.ew buUding
must be twcaty (20) feet wide. That ii, the drivlna surf8cc mUlt be twcat')' (20) reet wide and
must be cleared of snow for the full width. A dedicated fire engine turn around thac will remain
free of parklld ears. meeting Fire Manh.. requirements, must be provided;
e) Pave rhe driveway; and.
o The Environmental Helllrh Department shall approvCl both plans and spcclfi(;8tions or all
food service raeilitlea. A minimum of twO (2) weeks shaU be neeellary for the Depamnent to
review and approvo plans. Also, final approval from the Environmental Health Department is
required before opening for business. Dnd prior to issuance ora Colorado i'ood Service L.icenso.
,
11111111111111111111111111111111111111111I1111111111111
4....14 ''In.fS~ Il,'" _1--
. 0' II II II." D.... N .... PITKIN COUNTY CLEIlK
J. Also prior to i.ssuance of a~y building permits. the applicmlt shan consult with ell)' departments
reprdina the following:
a) City Engineedna for design of Improvements, including landscapina. within public
righlS-of.way; .
b) Parks DepDItmcnt fot' tree removal. landscaping, and selection of vcgetatlve species, as
well 85 provisions for trail easemenls and fencing design:
c) City Streets Depamnent for street improvements. IUld sball obtain permits for 11II)' work
or development, including land.&caping, within public ri&htswof.way; and,
d) Aspen Consolidated Saniwion District and the Department of 'Environmental Health for
drainage provisions for the swimming pool. grease and oil interceptor pray-bionl for tho
kitchen, oil' aad sand interccptor proVisions for tho garagc, and blood borne .and hazardous
waste dispos.1 provisions for the medical suite,
4. Prior to the iSlua.ncc of any building pennits, a review of any proposed minor changes from the
approvals. ",set forth berein. shall be made by the PI~~g and Enaincering Ocplll1lnena. or
referred back to Ihc Plannins and Zoning Commission.
S. One (I) year after the commencement of oporAtion. an employment audit shall be cond.uetcd by
the Houslna Department. The permanent staff units shal,1 be deed restricted with priority for use
of these units to pcrsonnel of the Foundation. and categorized as to tho.. employeCII residing in
the units (Category I, 2, or 3; but Category 4 for the twOwbedtoom, lower-level unit).
6. Deliveries to the faclUty for all services (I.e.. food. medical supplies, etc.) shan be limited to the
hours between 6:00 a.m. and 7:00 p.m.. and consolidation of delivcries will bci implemented to the
maximum extent practicable.
7. All material representations. made by the applicant in this application and during public meetings
with the Planning and Zoning Commission shall be adhered to and shan be considered. conditions
of approval, unless otherwise amended by . Board/Commission having authority to do 10.
B. Special Review:
That the Special Review for off-street parking rcquir'emcols in the Academic (A) zono district at Kids Stuff
Foundation on Lot S oCthe StUlwater Ranch Subdivision requiring three 0) aaraged park:ins spaces fo..
vans and le.n outdoor parking spaces mccts the standards of Section 26.64.040(8) of thi= Aspen Municipal
Code: DDd is approved with tho f'ollowiDI conditions:
I. One (1) yew after commencement of the facility's operation. a parktng audit/study be conducted
by tho appUcant and submitted to Ute Community Development Department for nlview. If the
findinls indicate that the provided parkins is not adequate., mltigaUon will need to be proposed by
the applicant and approved by the Commission pursuant to Special Review in ac:cordanco with
Section 26.64.04O{B) of the Municipal Code. I
2. All material representations made by the: applicant in this application and durinl public meetings
with the Planning and Zoning Commission shall be adhered to and shall bo considered cond.itions
ofapprovaJ. unlC3s otherwise amended by a Board/Commission having authority to do so.
c. 8040 Gn:enlin bview:
That the 8040 Oreenline RAvlew for tbe Kids Stuff Foundation development propOsal on Lot S of the
Stillwater Ranch Subdivision meets me standards of Section 26.68.030 of the Aspen Municipal Code and is
approved wlll1 the following conditions:
1111011111111111111111111111I11111111111I1111111111111
_l4 ...fUll.,. U._ _I-
I of n II !ltI.1lII D e.1lII N ..1lII PI'Il(IN COIIfTY CLDK
.
I . Regarding the horse fllcllitiC$:
a) Careful housekeepin& and cleanup of all areas shall occur on a roaular. daily bqis;
b) RunofTthrough this area shall be controlled by ~reating dlvenJon swales to keep nlnotfftom
the .stable arca &om tray.lIna ofT the property or into ncarby rivers;
c) One (1) year after commencement oflhc f'Kility's operation. a hone population and water
quality audit/study shall be conducted by the applicant and submitted to lbe Community
Development Department for review. If the fmdlng;:I indlcate that lhc wllter quality is below
acceptable levels, II fifty (SO) foot buffer &om areas that could be easily conramlnatod. such
as the river, IOo-year flood plain and wetlands. will be implemented and maintained to
protect ri~tan VCICltalion, alluvial soils and sroundwater and surface water;
d) An evaluation shall be done 10 determine the "carrying capacity.. of the area for horses as
compared 10 land area available;
e) [f c;:onc;:ems arise. the AsponlPltkin Environmental HeaJth Department nl'servcs the: right to
require wator quality sampUn& at the owner"s expense;
2. Prior to issuance afany building pennits or use of the fteility. the applicant shall provide proof to
the AspenIPitkin Environmental Health Department that proposed mitigation measures are
sufficient to ofbet increases in PM\o and traffic caused by the project;
3. At leut thirty (30) days prior to issu~lnce ofa building pennit. the plans and specifications
complete with piping layout, equipment and mechanical specifications along with dcsIID
calculations, shall bo submitted for review and approval by the AspenlPitkin Bnvironmental
Health Department;
4. All material representations made by the applicant in this application and durlna public mectblp
with the Plannina and Zonina Commis5ion shall be adhered to and shall be considered conditions
of approval. unlcss otherwise amended by a Board/Commission having authority to do so.
D. Stream Margin Review:
That the Stream Margin Review for the Kids Stuff Foundation development proposal on Lot , of the
Stillw.tet Ranch Subdivision mccts the standards of Section 26.68.040 of the Aspen Municipal Code and is
approved with the foUowina conditions:
l. The applicant shall work with the Parks Department to design a fence around the stablo with rail
logs that arc capable of being dismantled to allow debris associBled with nood waten to pass
through the propeny;
2. The proposed location of the swimmin& pool and. horse stable be moved to at least fifteen (15)
from the edge of the top of slope, as determined by the Aspen Engineerina Department. All
portions of aU struetureslconstnlcdon must fall within the approved buUding envelope;
3. If any outdoor lightina: Is proposed. said Ughtlna shall be low and' downcast with no liaht(.)
directed toward the river or located down the slope. Any and all outdoor IIghtln, will feature
down--directional and sharp cut.off fixtures: .
4. A plill documendnc the approved building CDvelope as related to surveyed infonnadon shan be
submitted to and approved by the Aspen Encinocrtnl Department. This plat shall include rcvi5ed
site sections meetlna tho standard sel forth by Section 26.68.040(8XIO). and shall be recorded
within 180 dl1ys of Itrcam margin review approval;
11111111111111111111111111 0111111I11111111111111111_
4_14 .,23.11.,. 1I.4M _I_
I. 0' 11 II N.1lII D.... N ..1lII PI'Il(IN COUNTY CLIR
11111111111111111111111111111I1111111111111111111111111
_14 1lII/2311..., 11,_ 0IlD1..-.
11 ef 11 II ".'1 D e.1lII N e.1lII 'Z'Il(ZN COUNTY CLEIl
s. All material represenlations made b~' the applicant in this application and during public mominas
with the Planning and Zoning Commission shall be adhered to and shall be considered conditions
of approval. unlc:!,s otherwise amended by a Board/Commission having authority to do so.
E. Rezoning:
That a recommendation to approve mil rezonins as requested by the applicant, provided Ihe annexation
request Is approved. is forwnrded to the City Council. That is. the Commission recommends to Council
that the subject parcel be zoned Academic (A) on the upper bench, Consorvation (C) on the lower bench.
and Specially Planned Area (SPA) overlllying the entire parcel subject to both the dimensional
requirements adopted by Council throu!:h the approval ora Specially Planned Area and the parking
requirements adopted by the Commission throush the approval. with two (2) candhions. arthe Special
Review roquest.
F. S~ia1ly Planncd Area:
That the Commission recommends that Council designate Lot:; of the Stillwater Ranch as a Specially
P1BJUled Area (SPA) and allow for the consol.idadon of conceptualllld final SPA reviow. The Commission
further recommends tnat Council accelK the following dimensional requiT~ents ref the Academic (A)
zone district ponion of the SPA:
l. Minimum Lot Size: 6 acres
2. Minimum Lot Area Per Dwelling Unit: 1.5 acre per unit
3. Minimum Lot Width: 200 fc:et
4. Minimum Front Yard: 30 fl:ct
S. Minimum Side Yard: 20 feet
6. Minimum Rear Yard: 20 fect
,. Maximum Height: 28' to the mJd..polnt of the roof. as measured on aU side. of the building.
except for the east elevation. wtlic:h sball not exceed 32.S' to the mld.poinL .
B. Minimum Distance Between Principal and Accessory Buildings: No requirement. exc:opt that
required by building code.
9. Percent of Opcn Space Required for Building Site: 30 percent
\ O. Ex.ternal Floor Area Ratio: Floor area shall not cx~.QO.Q..squam...f.ut
11. Ilrtcmil f1oor~ Area KalIO: No rcqutrement.
In addition. the Commission rec:ommends th~" c.ounCil finds that the proposed SPA meets all applieablc
standards (l ~8) of Section 26.10.040(8) ..'ind. ould be approved with the conctition that an SPA plat
shall be approved by the Engineeri}l& ~1M;tP1e ecorded withfn 180 days final SPA approval.
,I..... _ '.:--;.",.... '. ,,~_
G . . .... /,; ,I. ,
O. enr:ml ProVISlons: .'. .... 01. .... " ,.., '../ l
.. , ,~ , ....."v _ ..... .;J':o:-..
That thi.s Resolution shall no~ be~oJd~ ~~dv~I'9-:'afl'" until the: .City Council approvos tho
Petition for Annexation by duly el1lN!ted)Ordi~c~~Ing tbe subject property to the City of
---r-.,7 ---;- "~ '1
Aspen. , I. ,.. (~",
...J 'J '.' J"-
Ail material representations made by the app(.~-' .. is application and during pu.blic meetinp
with the Planning and Zoning Commission shall . ed to and shall be considered conditions
of approval. unless otherwise amended by 8 BoaTdlCo mission havm8 aulhority to do so.
1.
2.
APPROVED by the Commission at its continued meeting on March I l. 1997.
PISDDIDK and ZODin& CommlssloD:
~~au-eM/
J?/aJ-c;.t /,.y, / f? y rr
l!!~41~1/llslJAl\III!!lJII!!~J!!W11111111111111 A IT ACHMENT
I 0' SI II e..11 D.... N I... PITKIN COUNTY CLERK
6
cent.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN. COLORADO. TO
APPROVE THE CONCEPTUALlFINAL SPECIALLY PLANNED AJ'tEA (SPA)
DEVELOPMENT PLAN AND TO REZONE LOT 5 OF THE STILLWATER RANCH TO THE
ACADEMIC (A) AND CONSERVATION (C) ZONE DISTRICTS. AND TO GRANT A GMQS
EXEMPTION FOR A NON.PROPIT ENTITY QUALIFYING AS
AN ESSENTIAL PUBUC FACILITY
ORDINANCE No. -1.l.-. SERIES OF 1997
WHEREAS, the owner of Lot 5 of the Stillwater Runeh Subdivision. Kids Stuff Foundation,
(hereafter "Applicant") submitted an application (hereafter "Plan") to the Comm~nity Development
Department to rezone to the Academic and Conservation zone districts and to .designate the property as 8
Specially Planned Area (SPA); and
WHEIU:AS, the Applicant has also requested approval of n OMQS Exemption to ",cognize the
Foundation as a nonprofit entity qualifYing as an essential public facility pursuant to Section
26.1 00.050(CX2)(aX(3)) ofth. Aspen Municipal Code; and
WHEREAS, Lot S of the Stillwater Subdivision contains approximately 6.457 acres located in
Pitkin C?ounty, immediately adjacent to the City of Aspen. in tho ~~R;,,:~~J!~_9:istrict; and
WHEREASt the City Council, by Resolution No. 68, Series ot" 1996 and Resolution'No. 3. Series
of 1997, at ils regular meetings on November 19, 1996 nnd January 13, 1997. respectively, did find the
subject parcel to be eligiblo for annexation. meeting the provisions aHhe Municipal Annexation Act of
1965; and
WHEREAS. the Planning and Zooing Commission reviewed the Plan in aCcDrdance wjth those
procedures set forth at Sections 26.92.020 and 26.80.030(A) and (B) of tile Aspen Municipal Code and did
co~duct p~bliehearingsthercoD on Man;h 4.1997 and March II. 1997; and
. ~REAS, upon review and consideratio.. of the Plan~ agency and public comment thereon. and
those applicablo stand;ar<b a.5 contained in Chapter 26 of the Aspen Municipal Code. to wit, Section
26.92.020 (Text and Map Amendments) and Section 26.80.040(8) (Development in! a Specially Planned
111111I1111I11111111111111111I1111111111111111111111111
4.Be14 "/2~/18l1 1114'~ OJIDINANCE
2 0' 11 . e.... D.... N .... PITKIN COUNTY CLERK
Area), the platUling and Zoning Commission reCOin mended approval of the Fina1 SPA Development Plan
and the proposed map amendment by a vote of 5-0; and
WHEREAS, pursuant to Resolution 97-04. the Planning and Zoning Cc..Jmmission further granted
Special Review approval for park Ing and Conditional Use Review approval for dormitory housing, a health
care facility and a dining hall in the Academic zone district, and a swimming pool in the Conservation zona
district; and
WHEREAS, pursuant to Resolution 97-04, the Planning and 7..oning Commission further granted
8040 Greenltne Review and Stream Margin Review approvals; and
WIIEREAS, the Aspen City Council has rev ",wed and considered the'Plan under the applicable
provisions of the Municipal Code as identified herein. has reviewed and considered those recommendations
and approvals as granted by the Planning and Zoning Commission in Resolution 97-04~ and has taken Bnd
considered public comment at a public hearing. and
WHEREAS, the City Council finds that tho Kids StuffFollndatio~ is ;L unique insdtu~~~hich
e_~~:~!.~ur c~_~_munity, ~nd that desi.snatina l~,RrQpcrl)UlS__.iLSpeciallv rl~!ln~~benefi~_ the cit~~s
r!~~ents and V!.~!OTS by ~~~i.!l.-&Jle)(J!!.ility to AQcomm_Qdatc the__y~~prCPOGd..use.&Jl,gd
WHEREAS, the City Council fmds that the proposed uses at t)l~.uJ!P!;r }e.JllllL(describod-as "The
West Part of Lot 5" in Exhibit !fA") of Lot S of tho Stillwater Ranch Subdivision are consistent with the
purp~~~_~_~_Acad_~~!~_~n~.~.~ict lito establish lands for education and cultural activities with attendant
resea~h~ housing and administrative facllities'~~ and
WHEREAS, the City Council finds that the propose~ uses at tho lower bench (dcseribed as c'The
East Part of Lot S" in Exhibit UA") of Lot 5 of the Stillwater Ranch Subdivision are consistent with the
p.~m~of~_~_C.Q~ervatiQILZODc...di~to provide areas of low density development to enhance public
recreadon, conserve natural resources. encourage the production of crops and animals, and to contain urban
develoe~.!.nf'; and
2
._._-~--'-' --. -.. ---
.
1 111111 IIIU 11111111111111111I11111111111I1111111111111
_.14 IlII/D/IM7 11._ _Z__
3 0' 11 II 51." D.... N .... PITKIN COUNTY CLEIlK
WHEREAS. the City Council finds that proposed housing units will be deed-restricted in
accordance with the housing guidelines. are compatible with surrounding uses and will have a mlnj~aI
impact on the land; and
WHEREAS, the City Council finds that the proposed use qualities for a OMQS Exemption as a
nonprofit entity pursuant to Section 26.100.0S0(CX2)(aX(J)1 of the Municipal Code; and
WHEREAA the City Council finds that the PJan is consistent with the goals and elements of the
Aspen Area Community Plan and with the public welfare and the purposes and intent of Chapter 26 of the
Municipal <;:000.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
S""t1on l' Pursuant to Section 26.92.020 (Standards of Review) of the Aspen Mumeipal Code, the City
Council finds as follows in regard to the proposed map amendments:
1. The proposed amendments are not in ~ont1ict with the provisions ofCbap1er 26 of the Municipal
Code or the Aspen Area Community Plan.
2. The proposed amendments arc compatible with surrounding zone districts and land uses. and will
hAve a minimal impact on the natural environment.
3. The proposed amendments will promote the publiC interest and character of the City of Aspen.
S_lon Z: Pursuant to Section 26.92 of the Aspen Municipal Code, the City of Aapen Zone District Map i.
hereby amended to rezone the upper bench. of Lot S of the Stillwater Ranch Subdivision, described in
Exhibit "A" as "The West Part of Lot 5," to the Academic zone district with a Specially Planned Area
(SPA) Overlay, and the lower bench of Lot 5 of the Stillwater Ranch Subdivision, deacribed in Exhibit "A"
as uThe East Part of Lot 5:' to the Conse.rvation zone district with. Specially Planned Area (SPA) Overlay.
The legal description is attached as Exhibit Ii A/'
3
.
111111I1111I11111111111111111I1111111111111111111111111
4.lIlI14 .'23""7 ".4lIll OIlDI_CZ
4 0' II II 51." De." N .... PITKIN COUNTY CLERK
Sect/on 3: Punuanl to Section 26.1 00.050(C)(2Xa)((3)) of the Aspen Municipnl Code. the Kids. Stuff
Foundation is hereby granted a GMQS Bxemption as a nonproiit entity qualitying as an essential public
facility.
~etfnn 4.: Pursuant to the findings set forth in Section I above, the City Council's approval of the Plan is
subject to City Council approval of the Petition for Annexation by duly enacted Ordinance annexing the
subject property to the City of Aspen, and is subject 10 the following conditions:
I. The appli,cant and tbe City Council shall enter into an SPA agreement binding the real property
to any conditions placed on the development order approving the 110nl dnelopment plan.
2. The final development plan. which shall consist of the site plall (')fthc entire site; site
improvement survey of the arca being developed, including building footprints. utilities,
easements, and landscaping; building elevations; and the Specially Planned Area (SPA)
agreement, shall be recorded in the office of the Pitkin COun.y- Clerk allaRecoI1i~~. and shall be
b~~C!~n~ lfjf~-ttie p~pert~ subject to dle devcropm~nrorae!JJ~ccessorl and assigns.
and slian con.titute the develOpment regulations for the propeny. Development or the property
shall be limited to the uses. density. configuration. and nil other elements aad conditions set forth
on the final development plan and SPA agreement. Failure on the purt of the applicant to record
dle final development plan and SPA agreement within a period tlf one hundred and oighty (180)
days following its approval by City Council shall render the plan invalid. Reconsidcl'1Ition of the
final development plan and SPA agreement by the Commission and City Council will be
required before its acceptance and recording.
3. The final development plan shall be rectnded prior to sllbmisslon llf llny building permits for the
proposed housing units.
4. AU conditions imposed by the Planning and Zoning Commission'!fO March 11. 1997 Conditional
Use. Special Review. 8040 Oreeolino. and Stream Margin .Review approvals. as outlined in
Resolution 97.04. shall carry forward as condition-s of the City Council approvals granted
pursuant to this Ordinance.
5. No constrUction or building permits shall be issued lll1tillhe parcel hos been tinally annexed into
the City of Aspen.
6. All material representations made by the applicant in the application aod during public hearins;s
shall be adhered to and considered conditions of approval. unless otherwise amended.
Sertlon 5; This Ordjnance 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 OT amended as herein
provided. and the same shall be conducted and concluded under such prior ordinances.
4
,
111111I1111111111111111111111I111111111 III 11111111I1'"
4eel14 ../23/1.17 11.41A OIlD1NANCE
! of 11 II SI.e. D ..1Ile N .... PI'Il(IN COIIIITY C\.E1lK
Section 6: lfany SC;2\:lioll, suhscctj(}lI, scn1enc~. cla\l!:c~ phrmre, 0'" portion of this Ordinance is for any
reason held invalid or uncol1stl111t ional in :1 court of comp'-~llJntjudsdicljon. such portion :shan be deemed a
90parate. distinct and independenl pmvision e.l\lJ shull not ntlcct the validity ofttle remaining portions
thereof.
Section ': A public l1l:urillg on the ()nJinunct" wns Ileld un the: 14th day of April. 1997. at 5:00 p.m. in the
City Council Charnbl.:rN~ Aspc-n Cily Hnll, Aspen Culomclu, l'ift~n (J 5) days prior to which hearing a public
notice of the same Wlas publisht."Ci ill a ncwspallCr of gunernl circulntion within the City of Aspen.
Seetton 8: This Qrdimtncl: shall not becolne cllectivt' unle!:i~ and until the City Council approves the
Petition for Annexation by duly ~n.l\c1ed OrdinalJce annexing the subject propertY to the City of Aspen.
APPROVED AS TO FORM,
APPROVED AS TO CONTENT,
n", \ *-
City Attorney
Community Development Dire<<.tor
INTRODUCE I). READ AND ORDERED PUBLISHED us provided by law. by the City
"-
Council oflhe City of A.pcn on Ih....2l' day of .L!2!_a~. i!-A . 1997.
,.,.,"... ,.f
.,"~',." .'
" A. t'};:
-
1:5.... . ~l--
John nnett, Mayor
..XatlilPf" S.
.. '
{..I,'."
", .
.J
FINALLY ndoptcd. pnssed nnd opproved this /1. day o~ 1997.
t::;; {~---......~
John Bel ~ Mayor
tt~!!ll,,( ....
, ,. .....~ '/
/'1..:
,.
{ At1c~:
i .:. '
..
"
.-.Koall.~S.K
,
i.
~~.'t.
5
3...14-1997 .d:t;)IP~1
FRot.1 PAPER C..-LASE/PAGES 97r.198.387QQ
\ORVINANtM.o.II.199't{
'\ E)("18'''''~'
11111111111111111111111111111111111111I11111111I1111
_14 1lII/23/"''' 11._ OIIDI_
I ., II II 51.1lII D.... N .... Pl'll(lN ~TY CLEIlK
.
. ~
Alpino Surveys, Inc.
Post Office Box 1730
Aspen. COlorado 81612
970 925 2roil-
MARCH 14. ~997
~oa NO. 97-~ KIDS STUFF FOUNDATION
LEGAL DESCRIPTIONS FOR ~-ZONING OF
LOT 5. STILLWATER RANCH/P.U.D.
DESCRIpTION OF THE WEST PART OF LOT 5
THS WEST PART OF LOT S, STILLWATER RANCH SUBDIVISION/
P.U.D.. PITKIN COUNTY, COLORADO MORE PARTICULARLY
DESCRIBED AS FOLLOWS,
BEGINNING:.,AT TIJE .WEST ..CORNER .01" SAID LOT 5,
THENCE SOUTH 94"01'42" EAST 199.73 FEET;
THENCE NORTH 09"24'26" EAST 417.59 FEET'
THENCE SOUTH 89"~3'19. EAST 29.00 FEET;
THENCE SOUTH 51"15'00' EAST 65.00 FEET,
TRSNCE SOUTH 36030'00" EAST 132.26 FEETl
THENCE SOUTH 327.32 FEET 1
THENCE NORTH 77015'00' WEST 90.00 FEET;
THENCE SOUTH 19047'00' WEST 246.66 FEET,
THENCE NORTH 30014'46" WEST 1.92.41 FEET,
THENCE 153.02 rEET ALONG THE ARC OF A NON-TANGENT CURVE
TO THE LEFT HAVING A'RAOIUS OF 60.00 FEF.T AND
WHOSE CHORD BEARS !;,ORTH 48'03''.50'' WEST 114.90
rll:ETI
THENCE NORTH 55"45'00" WEST 45.46 Fl!lET,
THENCE NORTH 52'22'39" WEST 46.93 FEET TO THE POINT
or BEGINNiNG,
CONTAINING 2.562 ACRES. MORE OR LE::SS.
DESCRIPTION OF THE l!lAST PART OF LOT 5
THE &AST PART OF LOT 5. ST:tLLWATER RANCH SUBDIVISION/
P.U,D.. PITKIN COUNTY, COLORADO MORE PARTICULARLY
DESCRIBED AS FOLLOWS,
BEGINNING AT THE NORTHEAST CORNER or SAID LOT 51
THENCZ SOUTH 00009'36" WEST 168.88 FEET,
THENCE SOUTH 32"27'17" EAST 73.71 FEET.
.,-~"..--~....^--.--'_.'-
JAN, 16.2007 2: OOPM
OATES KNEZEVICH GARDENSWARTZ .
NO, 9248 p, 2
LEONAAO M. Oll.Tt!S
RICHMOA~~\I1liH
TeD D. GA.RDENSWAATZ
Cl\VIO8. KEL.LY
MAllIA MORROW
lAW OF'ICf;S OF
OATES, KNEZEVICH, GARDENSWARTZ & KELLY, P.C.
I'ROFeS'SIONAL CORPORATION
THIRD FLOOR. ASpeN Pl.AZABUILDING
533 E. HOPKtfS AVENUE
ASPEN. COLORA.OO,'1e11
TELEPHONE (970) 920.1700
JlACSIMI\.l;{,rOI920-1121
OF COUNSEL.
JOIolN T KilL Y
dbk@o~3\J<,~,"
ANI'lE MARIE MCPI'II!E
January 16, 2007
VIA F ACSIMlLE
(970) 588-3786
Little Star Foundation
c/o Andrea Jaeger, Director
405 Rancho Milagro Way
Hesperus, CO 81326-8752
Re,' Lot 5 Stillwater BlUlck
Dear Ms. Jaeger:
I am the attorney for the Stillwater Ranch Open Space Association. At our last annual meeting
held on August 2, 2006, the Silver Lining Ranch indicated its desire to sell Lot 5 at Stillwater Ranch for
single family use. This would require a re-zoning from its current academic zoning. The Association
instructed me to prepare a letter indicating that the Association would support a change in zoning on Lot
5 from academic to single family use, but would not support any other rezoning. The purpose of this
letter is thus to indicate the support of the Stillwater Ranch Open Space Association for a change in
zoning on Lot 5 from academic to single family use. This letter will also confirm that upon the sale of
Lot 5 to a third party and upon its retum to single family zoning, the new owner of Lot 5 would be
entitled to vote as a mexnber of the Association pursuant to the terms of the Protective Covenants.
Please feel free to contact me with any questions.
Sincerely,
OATES, KNEZEVICH, GARDENSWARTZ & KELLY, P.C.
B,. ~~ /
John T. Kelly for Davi~ B. Kelly
DBK/maf
zoonoo ~
Xllvaa NOSHo~vr NNV10HV~ YVd Zt:st 3fiL LOOZ/9t/tO
Q
::)
Q..;
..........
z
o
v;
>
i5
t.O
::>
V')
~::r:
~u
.z
l<
~
0::
W
~
~
....I
l-
V')
~ ~~
~ ~ ~
",-- ~
i"
":):,, .
t. ~\~. : i(
~ (.!1 ~
g l~~r "
go .~., .,j~
~ ~,~ '~J'
~ 1~'\ ~:;
w."'1 "
au \'iO::~J
z "".I'
a ~Ilf
~ .i~l
o.
,. )Uv
~ )~I.I
~ "n
0';"-'\
U .'...f,
.t" I ,,~.J I
~ l~(' ~ {.,,~
~. ~ir'r'f ~{ tJ~ ".- I
;i1-<I' !.1~n!~~~1 "
",l" if., ",cooh I'
j?I~I;~~~tr~J~l,~;~~~~ l'~t
t't ~ I <t~6~ ~),,,,.Il~h"~'''' ^ 13f
~~'l~M.' jl~n'r",: l'
au "I~"" .11): "'. li 7.1oi~6' ',..J
'-- I ti) t-:" III I h 'I' ,,~
:c("\'~lr.J~ ~!'l~~l_WO I
U ':" ".~>, !~~,~_"IO .
- v 'Ill- :t~tf.!fj("1 'Q'!(
~ \~\I" ~ ~~~ai~D ,\1
t.: " Y ~!JII f (l ~().," f J t;?; oJ I I
au ~ , ';A ((l Z ~ uV," l ~:;:2 :l':
U ilt~al tzQ ,~~. ~~~
II,.!!"" ~()~f'"l '( c)I"',,~~ ~
II) fill M ~I' 0111 Ill! Ie r-. {: oJ ' t' r ...
.~ "" <>,. nn '1"9'"' ,,,
~ ~~f~:j5Ht~~~~f5ii;1
w 'V" '~F!\',r.", ,.- !
ii:;: '~y~~r.r~:-J~ ~iI)1 ~ll~'~' _ll
=> L' ). ~ \ t '" ~,\ )~
II) IIN()~h~", el~n ,,~~ ~ ,{\
" hlot'"Ii.. u~
\. '.~ <101 }.l..- ~ (:" j <( ~ Z
-~ ~{ " "'1"(_ -
'" ".. "." j~"", or oJ'I [:>3'. "
.. t> ~:z t'l,l tl 0.1"'1. I oJ Ll '" f oJ _
"\'~.i"""I! '!' .
:1g;i;~\ !W~!~~~.iH . ~
l'"l'~ \ 1-" j .. 'll\ ,
"'J"LI;t~~ 1o.c.?~'JII)~ r ~ ~
~1~'\)~~~oJitt~( F.~~~ ~~ <J oJ
, ~., l/l.~'!l'l>l~' (j .1
0d~~f~~~i~,~~~" I~r~~ ~ ~'
"'~~ 0 Ll ,til.J~"d"'_~\;l- l:;
, "z .P.l..... h ::. tl-~I< ~ "~
~..~:a...~~t~,: {~~9 ~e '(~'
i..... ". ,..,1., -
nW<':l'~4~~~~ij~~t;I~r. _
~ -~..tb~iJoId~"L''',Dh~ _ ~
l'~ 'f.ll<oJl(\~o.I'i'Il;v!tz~ 1:1
~i\I.J!<~G ~ ~~lp ClZl"
~ "~~J;~~~?-6~~~~o~~"i '~
"~41~-~1oI~ ~ i{lc~i3 u
'~~~II.~~~U~l~j l-U~ v
.,~~(W:r.",Cib:v..F0 l[.. :'~'; ~
.
1
l
~,"
z
o
;;;
'"
i
~
U
"
Z
z
2 1s
"" ~~
,,~ 1
;!:;! :l
~ ~ ~i
-< a.. ~ t
~~
,-
.,I
~, "
'0
~ ~,
H '~,
~' \i~
~ ~~tJ
" :l~ I-!!(l
-:., ~I'~'
i I '~~~l
, ll'l,
. ~ d',
, ',\.
~ ~ '6;
, > ~~{ &,
~ ~ ,I, f:
I/l F\ ~~j;~"j
A IT ACHMENT 2.
~ ~ ~~
,., I
~ ~! "~
~ <'}sf -.-
I i. iE~~ ,~
U {fr. ~ i
~ ~~~" v
Z ~..~ 'l
5 ~~(J .,
U I-;~~
"-.... ~ ):
O;! ~i!
OO'/. '
~ f l~..~
~ ~ ~~~l
,Ii
~~
~~
~~
. '
Z4-~
:i'~ ~
~~~1 "'-
~~~~ d~
~~g~ i'~
,"" -<'ij
~,~ :! ~ . .
~ ~'-;~l! i 'l~
.. ,r.' ,,~
~3 ~~, -'3
~ 2 ~:J~~ '
~ ~thr:
U Qo!'-'=i
'~m~.~
~ iL>-:{ t
u ('~H :'!
~ ~~~.,:~
~
',- '/
.
,
.
,
,
"
,
,
"
e
, .
H
Ir. ~
\ ~\
:[ ~
!i\ ~
.
.
"
~,
~,..
j
01
o
:
"
.
l!
~l~ ~g~ ~!~I ~ H il. ~~! ~~~ ,~
/!~. "'tl~ ';'" '~d 1'l "'~ 9~~ 9~~~
!i;~ ~~~ !Hl !l,fl al ~b,- ~L ~~i~
~.l~j r..* m~ :l~~ ~i~ ~~'~. ~~~ ~ii~
,~, ~~9 ;,<~ "'" '1'~ ,,~l ,g~ ~F. ~
~82h ti~~ }~r.~ ,~J~ ~~~~ Hl~ 6~i! d\~ ~
li~1 ~~; jl!; iHi t~~ U~~ Hil ~:;,
~ ~;!~. ~I!~ ~;i~ 1* !H! m~ *~ m:i
~ h~,j~ ~.~I~ ~~;~l ~!'~l ~~.j' .US~ i!~~ :n.
~ ,',j:q:8~a j~1~9 j,5~9 )~, ;old ;~~, 9h~
a.. ,';~"l':,,3..\;~t'~ <j'F.(~t\8 ...~H~H ('~d "~~Il!~ ",f,r.l;:~ .;~~a!f~
~
Jii.
dis
~ 11~
z , 'tl~ I.~! ~I b'~15 ~I ~., . h ,~~ ~ 'i ~ r ~ If ~.~., ~~ ~i .' 9
5 l,iahh~ !il!;!t~ ~i!~i~;~g mWl~~~~ i~il:l~I~I: !~iHF~~m~i~~~~~~l!
5 " ~"'f"a ~.~f~hb hS+'~'_-.'g ~l..~.~ ~~~1~ 1~,~o .. ~"~ ~l\i~11!~9. >!~
~ l~..mgWi~ mm~L !h!!!m.! !hh,m~i~ H'I,!mWi u;~mII~m~~!i~m;~;.
:<: ',j',' p~,o i,;\O ~a 'It'~''~'I"' .,~ lf~h '~ " "~Il, 't I~.~ ~~to~'t">'at~i
~ ~~~pa~~~~~ J~~ Fl:i: ~it~P~:~~ ~'~i!!t~~~~2 >><r ~~~~~~~~ ~{bt~f' ~~3~a :~JI;etBI. ~
~ d.f~i*!~~ !;~i~.l~~i I~li.;. tllh~ t~.~H~!m; ~~~;!~!I;~;~ l~~~!~h~~lhl~i~~il~'~~l!~
~'",,!..,,~H, .o'H'!'~'j ~'i'" 'oe,o~ihl~l'~ ~'.l~.II~>, 1.' >8"I'l>I~'~ j ~\~~s
r,;.1",'" !~-; ""G'~te..~r-r, ~hl); ~1o.I).:5 ).~). z~ r 'rl:> ~L- \: tb;l'f ~ t ~1Il ~ ~ll <t
~ mm'f~m mmm !H!~~m; !!~nHHi~ lim~i~~~f! !imifli~!~~~!tM!:~,j
w Q .~<.;~i;)l.( ~-r~ ~U~f-r ':: Ill.! t=l\:' k: II' 1II1'-i!i' t ,.j"'v uW zlDlt W'l!5 ~~IlS F U ~~
U In,i''"~,(c <./".~h ,"I!,'''~,h "JQ"H~>f.!, I'~~'~~J!"" ,.'o~~o."J~hJgl'~I,.~
III
\.:
:nl
'r:l
I.'.
I'll
-.1,\
irif
;\H
1 ~ if
~~ ; f
~m
q:,
"
l!~
l$
t"
.
i.,..;;:",""
..,~. ,:;.- <t'l
','1.-
"'~~
0 t!i
~~
::s H
Q.; !I
......... 10
Z
Q
V)
:>
0
CO
::> ~
V) ~
:c ~ ~
u n
z . .
<( ~
0::
0::
W
~
~
.....
-
l-
V)
.
"
j
~.;o.'\ID.c:
4~~ "
e'
'~:,
~:.;
II
!I
j'
11
~l
I
,
"
,
,
!l
,
Ii
.
.
\
,
I
, , ! ,
,
" l
I l
l
,'!iI!l-~'tT.
. ""'"
t
k
!
,
2~.71'
Ncr1'CJeI'''~.~
-'
w
~
~
w~
~t
0:,
Vl
H
"
,.
z
w
"-
o
r~~
j~-!,
iii,
'l~
~ ~
~ ..
, '
fa /)'/~
~~ p..'
,"'c'
f '.~
'11
"~
~~ ~
::,~
p.
.
",f
,.I.:'~'" /
,
~
t .i
~ Iji
1 ii~
.df~
.l.$u".
-'7.'Il=.lf>l"-l,O^,
,
~
,
!
.
.
? ~
.
,
~e
"
,
8~
a I
J~
, .~
s ~i ~
." ~~
."
oil."
.
""'"
~.'!I5".,"I.,o...