HomeMy WebLinkAboutcoa.lu.an.Stillwater Ranch Lot5.2007AN- 64i 1 f c.J +x-r4- Lu� 05 s* %t w
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TO: Mayor and Members of Council
FROM: John P. Worcester
The City of Uspen
Cit}, nttornei, s Office
DATE: May 14, 2007
RE: Ordinance No. f � , Series of 2007, to Disconnect Lot 5, Stillwater Ranch
Subdivision from the city limits of the City of Aspen
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 Community 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 City Council that the best interests of the City would not be
prejudiced by 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. fU , Series of 2007, on first reading.
CITY MANAGER'S COMMENTS:
cc: City Manager
JPW- saved: 5/7/2007-301-G:\john\word\memos\Little Star disconnect.doc
MEMORANDUM
TO: Mayor and City Council
FROM: Jessica Garrow, PlanneriMG
Q AW
THRU: 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 of the 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.
Page 1 of 4
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.
City 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 of 4
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 SPA in 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.
County 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 1 - 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.
FINANCIALBUDGET IMPACTS:
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.
Page 3 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
L
ce7p
ORDINANCE NO.
(Series of 2007)
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 of land 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 1. 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.
Section 2. The City Clerk of the City of Aspen is hereby directed as follows:
(a) To file one (1) certified copy of this ordinance in the office of the City Clerk of
the City of Aspen.
Exhibit B
Stillwater Ranch De -Annexation
26.710.230 Academic (A).
A. Purpose.' The purpose of the Academic (A) 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:
1. 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 (A) zone
district, subject to the standards and procedures established in Chapter 26.425.
1. 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.
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:
1. 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;
11. 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.
1. 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.
1. 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
th t each permitted and conditional use is compatible with surrounding land uses, is served dequate
pub ' facilities, and is consistent with the environmental sensitivity of the us,:
and its surro area's natural resources. All development din each zone district shall be consis-
tent with the purpos tated for that zone district rn`this Chapter. Any use which is not specifically
listed in this Chapter as a p I or conditional use in a zone district shall be considered prohibited,
unless otherwise interpreted by ommunity Development Director pursuant to Chapter 26.306.
26.710.020 Zone di�triets established.
The City of Asp_pwiihereby divided in several zones;` wn and designated as detailed in this Chapter,
to serve "purposes stated above and in each Section o`Chapter describing the individual zone
dist ' s.
26.710.022 Zoning of lands containing more than one underlyin�zone trict.
Whenever any parcel of land 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 of land contains more than one un-
derlying zone district and the proposed use is not allowed in all of the respective zone districts, then:
1. 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 of land contains more than one underly-
ing zone district and the proposed use is allowed in all of the respective zone districts, then:
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.
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.
1100�
Little 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 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
By J 14W LL ja-u—fm
Sister Andrea Jaeger
Little Star Foundation • 256 Rancho Milagro Way • Hesperus, Colorado 81326
800-543.6565 • www.littlestar.org • info@littlestar.org
Please Reply To:
2oi North Mill Street, Suite 102
Aspen, Colorado 81611
(970)925-9393
Fax (970) 925-9396
HAND DELIVERY
Kathryn Koch, City Clerk
City of Aspen
130 South Galena Street
Aspen, CO 81611
Dear Kathryn:
NEILEY & ALDER
ATTORNEYS
RICHARD Y. NEILEY, JR.
EUGENE M. ALDER
JOHN F. NEILEY
May 8, 2007
Re: Petition for Disconnection by Ordinance
Lot 5, Stillwater Ranch Subdivision
6800 Highway 82, Suite 1, Upper Level
Glenwood Springs, Colorado 816o1
(970)928-9393
Fax (970) 928-9399
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.
truly yours,
& ALDER
Y. Neiley, Jr.
RYN/agk
Enclosures
PETITION FOR DISCONNECTION BY ORDINANCE
(De -Annexation of a 6.487-Acre Parcel)
Applicant:
Before the Aspen City Council
Representatives:
Little Star Foundation Richard Y. Neiley, Jr.
formerly known as Silver Lining Foundation Neiley & Alder, Attorneys
and Kids Stuff Foundation, Inc. 201 North Mill Street, Suite 102
256 Milagro Way Aspen, CO 81611
Hesperus, CO 81326 (970) 925-9393
Property:
Lot 5,
Stillwater Ranch Subdivision,
1490 Ute Avenue
City of Aspen,
County of Pitkin,
State of Colorado
Glen Horn
Davis Horn, Incorporated
215 South Monarch Street
Aspen, CO 81611
(970) 925-6587
PETITION FOR DISCONNECTION BY ORDINANCE
(De -Annexation)
L 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. § 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. 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 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 1 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 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 carry on 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
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 81611.
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. 1 C, Series of 1997
3. City of Aspen Ordinance No. 11, 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 P-770 P-826 12/30/94 04:15P ❑S 1 OF 2 REC DOC
SILVIA DAVIS PITKIN COUNTY CLERY. & RECORDER 10.00 0.00
BARGAIN AND BALE DEED
KNOW ALL MEN BY THESE PRESENTS9
THAT FOR AND AS A CHARITABLE GIFT AND DONATION, the
undersigned FABIENNE BENSDICT ("Donor") hereby donates, sells and
conveys to KIDS' STUFF FOUNDATION, INC., • colorsdo not -for -profit
aovporation ("Donee"), whose address is P.O. Box 10970, Aspen,
Colorado 81612, the following real property situate in the County
of Pitkin, state of Colorado, to wit:
Lot 5, Stillwater Ranch Subdivision/PLTD, according to the
Final Plat thereof recorded December 30, 1994 in Plat
Book at Page gEj� of the real property records of
Pitkin County, Colorado, together with a perpetual, non-
exclusive easement, right-of-way and joint user right
along, within and beneath the existing road easement
between the Ute Avenue Cul-De-Sac and the Out Parcel, as
shown on said Final Plat (as said road easement was
created in the Deed recorded in Book 188 at Page 82 of
the Pitkin County records), for purposes of access,
ingress and egress to Lot 5 and the installation of
underground utilities serving lot 5.
With all its appurtenances, subject to the following:
(a) 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 of access to Lot 5, Donee shall share equally with the
owner of the Out Parcel the costs and expenses of maintaining and
snow -plowing the portion of said access road actually used by
Donee.
(b) Lot 5 and the road and utility easement are conveyed
hereby in an "as is" condition, subject to all patent or latent
conditions or problems of any kind or nature, and further subject
to all title matters of record or otherwise, specifically including
without limitation:
(i) Road easement and other matters described in Deed
recorded in Book 188 at Page 82 and in instrument recorded in
Book 380 at Page 425.
(ii) All matters contained on the First Amended Plat of
the Stillwater Ranch Parcels recorded in Plat Book 33 at Page
34.
(iii) BOCC Resolution No. 94-o�73Y recorded in Book %.n4 at
Page 7ra.
(iv) All matters contained on the Final Plat of
Stillwater Ranch Subdivision/PUD recorded in Plat Book .i1- at
Page dFj5 .
PG a OF 121
377685 E+-770 P-827 12/30/94 04:15F
(v) Subdivision Improvements Agreement recorded in Book
17-141 at Page
(vi) Protective Covenants for Stillwater Ranch
Subdivision/PUD recorded in Book f —7at Page�'%.
(vii) Fisherman's Easement Agreement recorded in Book -<zo
at Page jf—Z4
(vzi Grant of Utility Easement recorded in Book '770 at
Page.
(ix) water Service Agreement between the city of Aspen
and Donor recorded in Book 7ZV at Page ���.
(c) In accordance with the provisions of Paragraph 3(c) of
the Protective Covenants for Stillwater Ranch Subdivision/PUD, on
or before March 1, 1995, Donor is obligated to form a Homeowners'
Association to own, govern and maintain the Open Space Parcel
depicted on the Final Plat of Stillwater Ranch Subdivision/ PUD.
The members of the Association will be the owners of the six (6)
Lots in Stillwater Ranch Subdivision, and the Association will have
the power to levy and collect general and special assessments on
such members for 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 Sale Deed,
Donee shall be deemed to have consented to and approved the
formation of said Homeowners' Association, to have consented to
being a member thereof, and to have agreed to execute any and all
documents that may be required in connection with the formation
thereof.
Signed and delivered this 30th day of December,, 1994.
DONOR: Fab enne Benedict
STATE OF COLORADO )
) as.
COUNTY OF PITNIN )
The foregoing instrument was acknowledged before me this 30th
day of December, 1994, by Fabienne Benedict.
FITNESS my hand and Off
i� dal.
my commission expiresl3 G �
(SEAL)
14474. 2
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406613 06/23/iOD7 11.37A ORDINANCE
1 of 3 R 15.011 D 0.00 N 0,00 PITKIN COUNTY CLERK
ORDINANCE NO. IC
(Series of 1997)
AN ORDINANCE OF THE CITY COUNCIL OF T] IE C-1.1-Y 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 owner of the property proposed to be annexed
did file with the City Clerk of the City of Aspen a Petition for Annexation of territory to the City
of Aspen; and
WHEREAS, the petition, including accompanying copies of an annexation map, has been
reviewed by the City Attorney's Office and the City Engineer and found by them to contain the
information prescribed and set forth in §31-12-107, C.R.S_; and
WHEREAS, the owners of one hundred percent (1(X)%) 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 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 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:
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405613 08/23/1997 11:37A ORDINANCE
2 of 3 R 16.00 0 0.00 N 0.00 PITKIN COUNTY CLERK
Section 1. That the tract of land dcu.cribo(* in the Petition for Annexation,
commonly referred to as the "Stillwater Ranch Subdivision, Lut 5 ilaccel", and as shown on the
annexation map, is hereby annexed to the City of Aspen, Colorado.
S"tion 2. The City Clerk of the City of Aspen is hereby directed as follows:
(a) To file one copy of the annexation map witli the original of this annexation
ordinance in the office of the City Clerk of the City of Aspen.
(b) To certify and file two copies of this arutcxation ordinance and of the annexation
map with the Clerk and Recorder of the County of Pitkin, State of Colorado.
(c) To request the Clerk and Recorder of Pitkin Cowry to file one certified copy of
this annexation ordinance and of the annexation map with the Division of Local Government of
the Department of Local Affairs, State of Colorado.
Section 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 annexation ordinance.
Section 4. That if any section, subsection, sentence, clause, phrase or portion
of this ordinance is for any reason held invalid or unconstiauional in a court of competent
jurisdiction, such portion shall be deemed 'a separate, distinct and independent provision and
shall not affect the validity of the remaining portions thereof.
Section 5. 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.
11111111111 HIS 1111111111111111111111 III 1111111111111
406513 06/23/1997 11.37A ORDINANCE
3 of 3 R 16.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
A public hearing on the ordinance shall be held on the 1'Y- day of . 1997,
in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PLlBL1SHED as provided by law by the City
Council of the City of Aspen on the — day of T� �` �� 1997.
J01i11 br' Bennett, Mayor
ATTEST:
Kathryn S. I , City Clerk
FINALLY adopted, pad djajd pjroy5o this L_ day of
1997. l t
Jntu�S. bennett, Mayor
ATTEST:
I
Kathryn S. h, ►ty Clerk
'sci ttwater. orC
3
111111111111HIS 11111111111111i111111Ill1111111111111
40!l614 0d/Z3/lYfi7 11.49A ORDINANCE
i of 11 R 36.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO
APPROVE THE CONCEPTUAL/FINAL SPECIALLY PLANNED AREA (SPA)
DEVELOPMENT PLAN AND TO REZONE LOTS OF THE STILLWATER RANCH TO THE
ACADENUC (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. It SERIES OF 1997
WHEREAS, the owner of Lot 5 of the Stil lwater Runch Subdivision, Kids Stuff Foundation,
(hereafter "Applicant") submitted an application (hereafter "Plan") to the Community Development
Department to rezone to the Academic and Conservation zone districts and to designate the property as a
Specially Planned Area (SPA); and
WHEREAS, the Applicant has also requested approval of n GMQS Exemption to recognize the
Foundation as a nonprofit entity qualifying as an essential public facility pursuant to Section
26.100.050(Cx2)(ax(3)) of the Aspen Municipal 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 regular meetings on November 19, 1996 and January 13, 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 the Aspen Municipal Code and did
conduct public hearings thereon on March A, 1997 and March 11, 1997; and
WHEREAS, upon review and consideration of the Plan, agency and public comment thereon, and
those applicable standards 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(B) (Development in a Specially Planned
11111111111111111111111111111111111111111111111 IN 1111
40�3024 00/23/1097 11t40A ORDINANCE
2 of 11 R 50.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
Area), the Planning and Zoning Commission recommended approval of the Final SPA Dcvelopment Plan
and the proposed map amendment by a vote of 5-0; and
WHEREAS, pursuant to Resolution 97-04, the Planning and Zoning Commission further granted
Special 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, 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 recommendations
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 a unique institution which
enhances our community, and that designating the property as a Specially Planned Area benefits the city's
residents and visitors by allowing flexibility to accommodate the variety of proposed uses; and
WHEREAS, the City Council finds that the proposed uses at the upper bench (described as "The
West Part of Lot 5" in Exhibit "A") of Lot 5 of the Stillwater Ranch Subdivision are consistent with the
purpose of the Academic zone district "to establish lands for education and cultural activities with attendant
research, 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 5" in Exhibit "A") 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
11111111111111111111111 IN 1111111111111111111111111111
4MO14 05/23/1097 11 i 40A ORDINANCE
3 of 11 R 56.00 0 0.00 N 0.00 PITKIN COUNTY CLERK
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 minimal
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)) of the Municipal Code; and
WHEREAS, 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 Chapter 26 of the
Municipal Code.
NOW THEREFORE BE TT 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 as follows in regard to the proposed map amendments:
The proposed amendments are not in conflict with the provisions of Chapter 26 of the Municipal
Code or the Aspen Area Community Plan.
The proposed amendments are compatible with surrounding zone districts and land uses, and will
have a minimal impact on the natural environment.
The proposed amendments will promote the public interest and character of the City of Aspen.
Section 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 5 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, described in Exhibit "A"
as "The East Part of Lot 5," to the Conservation zone district with a Specially Planned Area (SPA) Overlay.
The legal description is attached as Exhibit "A."
i1111111111111111 HE 11111111111111111111111111111111
a0'.1014 06/23/i>097 11:49A ORDINANCE
4 of 11 R 58.00 D 0.00 N 0.00 FITKIN COUNTY CLERK
S4.. inn 3: Pursuant to Section 26.100:050(C)(2)(a)((3)) of the Aspen Municipal Code, the Kids. Stuff
Foundation is hereby granted a GMQS Exemption as a nonproi it entity qualitying as an essential public
facility.
Section 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 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 Imal development plan.
2. The final development plan, which shall consist of the site plan of the entire 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 the property owners subject to the development order, their successors and assigns,
and shall constitute the development regulations for 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 development plan and SPA agreement. Failure on the part of the applicant to record
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 agreement by the Commission and C iry Council will be
required before its acceptance and recording.
3. The final development plan shall be recorded prior to submission of any building permits for the
proposed housing units.
4. All conditions imposed by the Planning and Zoning Commission's March 13, 1997 Conditional
Use, Special Review, 8040 Greenline, 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 been finally annexed into
the City of Aspen.
6. All material representations made by the applicant in the application. and during public hearings
shall be adhered to and considered conditions of approval, unless otherwise amended.
Section 5: 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
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405514 06/23/1997 11c49A ORDINANCE
5 of 11 R 55.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
Section 6: If any section, suhseCiou, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconslitul ional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independenL provision turd shall not affect the validity of the remaining portions
thereof.
Section 7: A public hearing on the Ord was held on the 141h day of April, 1997, at 5.00 p.m, in the
City Council Charnbers. Aspen City Hall, Aspen Colorado fifteen (15) days prior to which hearing a public
notice of the same was published in a ❑cwspaper of gcnerrl circulation within the City of Aspen.
Section 8: This Ordinance shall not become cflective unless and until the City Council approves the
Petition for Annexation by duly enacled Ordinance annexing the subject property to the City of Aspen.
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO CONTENT:
Community Development Director
INTRODUCED, READ AND ORDERED PUi3LISDED as provided by law, by the City
Council of the City of Aspcn on the<y day of / : 4 A1A 1997.
KathEyn S.,!�&h, City'Clerk
L-4t—_ 1
John nnett, Mayor
FINALLY adopted, passed and approved this 14 day o 1997.
John Bee sett, Mayor
i
City Kathryn S. K Clerk
OK�INAtiGE 1Jo. N, lY9't
3-1 4-1 997 d: 0 1 P H FP01,1 PAPER CHASE/PACES 9709638700 XH ( L7 I-V A' j
Alpine Surveys, Inc.
Post Office Box 1730
Aspen, Colorado 81612
970 925 2688
MARCH 14, 1997
� E
406614 06/23/1997 11:49A ORDINANCE
6 of 11 R 55.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
JOB NO. 97-1 KIDS STUFF FOUNDATION
LEGAL DESCRIPTIONS 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
DESCRIBED AS FOLLOWSt
BEGINNING:•.AT THE.WEST.CORNER - OF SAID LOT 5;
THENCE SOUTH 84001.42" FAST 199.73 FEET;
THENCE NORTH 09'24'26" EAST 417.59 FEET;
THENCE SOUTH 89'13'19" EAST 28.00 FEET;
THENCE SOUTH 51015'00" EAST 65.00 FEETi
THENCE SOUTH 36030100" EAST 132.26 FEET;
THENCE SOUTH 327.32 FEET;
THENCE NORTH 77015100" WEST 90.00 FEET;
THENCE SOUTH 18'47'00" WEST 246.66 FEET;
THENCE NORTH 30014'46" WEST 192.41 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 48903'50" WEST 114.80
FEET;
THENCE NORTH 55045'00" WEST 45.46 FEET;
THENCE NORTH 52'22'39" WEST 46.93 FEET TO THE PorNT
OF BEGINNING;
CONTAINING 2.562 ACRES, MORE OR LESS.
DESCRIPTION OF THE EAST PART OF LOT 5
THE EAST PART OF LOT 5, STILLWATER RANCH SUBDIVISION/
P.U.D., PITKIN COUNTY, COLORADO MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 5;
THENCE SOUTH 00.09'36" WEST 168.98 FEETt
THENCE SOUTH 32027'17" 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 DISTRICTS, SPECIAL REVIEW OF PARKING REQUIREMENTS,
8040 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
CONCEPTUAL/FINAL SPECIALLY PLANNED AREA (SPA) DEVELOPMENT 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
bail in the Academic zone district and for a swimming pool in the Conservation zone district; Special
Review for parking requirements in the Academic zone district; 8040 Grcenline Review; Stream Margin
Review; Rezoning; and, Conceptual/Final 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 Aspen
Municipal Code, parking requirements in the Academic zone district maybe approved by the Planning and
.Zoning Commission through Special Review; pursuant to Section 26.68.030 of the Aspen Municipal
Code, 8040 Greenline Reviews may be approved by the Planning and Zoning Commission; and pursuant
to Section 26.68.040 of the Aspen Municipal Code, Stream Margin Reviews may be approved by the
Planning and Zoning Commission; and
WHEREAS, Pursuant to Section 26.92.020 ofthe Aspen Municipal Code, the Planning and
Zoning Commission shall make a recommendation to the City Council regarding 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 Conceptual/Final
Specially Planned Area (SPA) Development Plan proposals; and
WHEREAS, the Housing Office, City Engineering, Parks Departmenk 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 was legally noticed for a public hearing; and.
WHEREAS, during the public hearing at a continued meeting 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 Greenline Review with conditions, and the Stream Margin Review with
conditions; and.
WHEREAS, during a public hearing at a continued meeting on March 1 1, 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 Conceptual/Final Specially Planned Area (SPA) Development Plan proposal.
NOW, THEREFORE BE IT RESOLVED by the Commission:
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405814 04/23/1997 11t4#A ORDINRNC✓t
7 of 11 R 66.00 D 0.W N 0.00 PMIN COUNTY CLERK
A. Conditional Use:
That the Conditional Use for dormitory housing; a health care facility and a dining hall in the Academic
(A) zone district, and a swimming pool in the Conservation (C) zone district at Kids Stuff Foundation on
Lot 5 of the Stillwater Ranch Subdivision is approved with the following conditions:
I . Prior to the issuance of any building permits the applicant shall:
a) Install any new surface utilities requiring a pedestal or other above ground equipment on
an easement provided by the property owner and not within the public rights -of -way;
b) Locate any additional proposed construction in such a way that it does not encroach into
an existing utility easement or public right-of-way;
c) Agree to join any future improvement district(s) which may be formed for the purpose of
constructing improvements in adjacent public rights -of -way; the agreement shall be executed
and recorded concurrently 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;
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 drainage report and mitigation plan signed
and stamped by an engineer registered in the State of Colorado;
g) Submit it permanent erosion control plan and a temporary sediment control plan and
containment plan for the construction phase; and
h) 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 these
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 lines, building footprint,
easements, any encroachments, entry points for utilities entering the property boundaries and
any other improvements to the Aspen/Pitkin 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 permit:
b) Permit Community Development Department and Housing Office staff to inspect the
property to determine compliance with the conditions of approval;
c) Be required to sign a sidewalk, curb and gutter agreement with the City;
d) Increase the width of the access easement through the property to twenty (20) feet in
order to meet emergency access width requirements, and emergency access to the new building
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 dedicated fire 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 facilities. A minimum of two (2) weeks shall be necessary for the Department to
review and approve plans. Also, final approval from the Environmental Health Department is
required before opening for business. and prior to issuance of a Colorado Food Service License.
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405124 06/23/1007 11:4OA ORDINANCE
8 of 11 R 58.O0 D 0.00 N 0,00 PilrKIN COUNTY CLERK
3. Also prior to issuance of any building permits, the applicant shall consult with City departments
regarding the following: y
a) City Engineering for design of improvements, including landscaping, within public
rights -of -way;
b) Parks Department for tree removal, landscaping, and selection of vegetative species, as
well as provisions for trail easements and fencing design;
c) City Streets Department for street improvements, and shall obtain permits for any work
or development, 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 bome and hazardous
waste disposal provisions for the medical suite.
4. Prior to the issuance of any building permits, a review of any proposed minor changes from the
approvals, as set forth herein, shall be made by the Planning and Engineering Departments, or
referred back to the Planning and Zoning Commission.
5. One (1) year after the commencement of operation, an employment audit shall be conducted by
the Housing Department_ The permanent staff units shall be deed restricted with priority for use
of these units to personnel 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.) shall be limited to the
hours between 6:00 a.m. and 7:D0 p.m., 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 shall 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 requirements in the Academic (A) zone district at Kids Stuff
Foundation on Lot 5 of the Stillwater Ranch Subdivision requiring three (3) garaged parking spaces for
vans and ten outdoor parking spaces meets the standards of Section 26.64.040(B) of the Aspen Municipal
Code and is approved with the following conditions:
One (1) year after commencement of the facility's operation, a parking audit/study be conducted
by the applicant and submitted to the Community Development Department for review. If'the
findings indicate that the provided parking 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(3) 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 adhered to and shall be considered conditions
of approval, unless otherwise amended by a Board/Commission having authority to do so.
C. 8040 Greenlin Review:
That the 8040 Greenline Review for the Kids Stuff Foundation development proposal on Lot 5 of the
Stillwater Ranch Subdivision meets the standards of Section 26.68.030 of the Aspen Municipal Code and is
approved with the following conditions:
11111111111111111111111 IIII IIIIII IIIIII III 11111 IN IIII
4aW%4 66/23/ 1297 11 t 49A ORDINi1 E
0 of 11 R 56.00 D 0.00 N 0.00 FITKIN COUNTY CLM
Regarding the horse facilities:
a) Careful housekeeping and cleanup of all areas shall occur on a regular, daily basis;
b) Runoff through this area shall be controlled by greating diversion swales to keep runoff from
the stable area from traveling off the property or into nearby rivers;
c) One (1) year after commencement of the facility's operation, a horse population and water
quality audittstudy 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 (50) foot buffer from areas that could be easily contaminated, such
as the river. 100-year flood plain and wetlands, will be implemented and 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 as
compared to land area available;
e) If concems arise, the Aspen/Pitkin Environmental Health Department reserves the right to
require water quality sampling at the owner's expense;
Prior to issuance of tiny building permits or use of the facility, the applicant shall provide proof to
the Aspen/Pitkin Environmental Health Department that proposed mitigation measures are
sufficient to offset increases in PM,, and traffic caused by the project;
3. At least thirty (30) days prior to issuance ofa building permit, the plans and specifications
complete with piping layout, equipment and mechanical specifications along with design
calculations, shall be submitted for review and approval by the Aspen/Pitkin Environmental
Health Department;
4. 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 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 Review for the Kids Stuff Foundation development proposal on Lot 5 of the
Stillwater Ranch Subdivision meets the standards of Section 26.68.040 of the Aspen Municipal Code and is
approved with the following conditions:
I. The applicant shall work with the Parks Department to design a fence around the stable with rail.
logs that are 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 (15)
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 building envelope;
3. If any 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 outdoor lighting will feature
down -directional and sharp cut-off Fixtures:
4. A plat documenting the approved building envelope as related to surveyed information shall be
submitted to and approved by the Aspen Engineering Department. This plat shall include revised
site sections meeting the standard set forth by Section 26.68.040(B)(10), and shall be recorded
within 180 days of stream margin review approval;
I Will 111111111111111111111111111111111111 HIM 111 Illlll Ill IN
40W14 06/23/1007 11149A ORDINANCE
10 of 11 R 341.00 D 0.00 N 0.00 PITKIN COUNTY CLER
1111111111111111111111Ills 111111 HIM 111,11111111111 IN
4M24 06/23/1007 11149A ORDINANCE
11 of It R 56.00 D 0.00 N 0.00 PITKIN COUNTY CLER
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 shall be considered conditions
of approval, unless otherwise amended by a Board/Commission having authority to do so.
E. Rezoning:
That a recommendation to approve the rezoning as requested by the applicant, provided the annexation
request is approved, is forwarded to the City Council. That is, the Commission recommends to Council
that the subject parcel be zoned Academic (A) on the upper bench, Conservation (C) on the lower bench,
and Specially Planned Area (SPA) overlaying the entire parcel, subject to both the dimensional
requirements adopted by Council through the approval of s Specially Planned Area and the parking
requirements adopted by the Commission through the approval, with two (2) conditions, ofthe 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 consolidation 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:
1. Minimum Lot Size: 6 acres
2. Minimum Lot Area Per Dwelling Unit: 1.5 acre per unit
3. Minimum Lot Width: 200 feet
4. Minimum Front Yard: 30 feet
5. Minimum Side Yard: 20 feet
6. Minimum Rear Yard: 20 feet
7. Maximum Height: 28' to the mid -point of the roof, as measured on all sides of the building,
except for the east elevation, which shall not exceed 32.5' to the midpoint.
8. Minimum Distance Between Principal and Accessory Buildings: No requirement, except that
required by building code.
9. Percent of Open Space Required for Building Site: 30 percent
10. External Floor Area Ratio: Floor area shall not exceed 14,000 square feet
11. Internal Floor Area Ratio: No requirement.
In addition, the Commission recommends that Council finds that the proposed SPA meets all applicable
standards (I-8) of Section 26.80.040(B)nd.�ould be approved with the condition that an SPA plat
shall be approved by the Engineers ig i7et¢prttlte ecorded within 180 days final SPA approval.
G. General Provisions: f . `o,+
1. That this Resolution shall not bei ortta a tive.ynl�sy'.aft'd until the City Council approves the
Petition for Annexation by duly enadle!,►pr�r(4hj e,inrWing the subject property to the City of
Aspen.
Y�J
2. All material representations made by the applitiri ,ifi is application and during public meetings
hall l5
with the Planning and Zoning Commission sd�ed to and shall be considered conditions
of approval, unless otherwise amended by a Board/Cotfrmission having authority to do so.
APPROVED by the Commission at its continued meeting on March 11, 1997.
Attest:
ckie Lothian, Deputy City Clerk
Planning and Zoning Commiss
ion:
1
y �
ara-1Garton, Chairperson y
1/j44 �Ji / I J T
4
Davis Horn -
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 1.999. 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 Attachments 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 1 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 S GLENN HORN AICP
215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 8161 1 •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
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 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. 11 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)SPA; 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 restricted 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-
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 1: 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; s
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 97-04 regarding City
approvals for the Silver Lining Ranch.
Sincerely,
DAVIS HORN INCORPORATED
GLENN HORN AICP
-3-
ATTACHMENT_ J.
DOCEC
37767E B-770 P-783 12/30/94 04:05P PG 1 OF 8 REC
SILVIR DAVIS PITKIN COUNTY CLERK & RECORDER
0.00
RESOLUTION OF THE BOARD 07 COUNTY CON7[I88IONERB OF PITKIN COUNTY,
COLORAW, GRANTING DETAILED AND FINAL PLAT APPROVAL TO THE
STILLWATER RANCH OUBDIVIBION/PUD
Resolution 094-113
RECITALS
1. Fabienne Benedict, (hereafter "Applicant"),'aas applied to the
Board of County Commissioners of Pitkin County, (hereafter
"Board"), to subdivide the Stillwater Ranch into six lots.
2. The subject property is zoned AFR-2, PUD.
3. The property is located adjacent to and east of the City of
Aspen, southwest of Highway 82, more specifically described in
Exhibit "A", attached hereto.
4. The Planning and Zoning Commission reviewed this application
at their regularly scheduled public hearing on January 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
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
conditions.
8. The Planning and Zoning commission reviewed this application
377678 8-770 P-784 12/30/94 04:05P PG 2 DF 8
Resolution No. 94-4
Page 2
for Scenic Overlay requirements at a regularly scheduled public
hearing on November. 29, 1994, and approved the Scenic Overlay
review subject to conditions by their Resolution No. PZ-94-15.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners that it hereby grants Detailed and Final Plat
approval to the applicant subject to the following conditions:
1. All utility extensions shall be located underground, and
appropriate easements shall be dedicated to the various public
and private utilities as may be required. All utility
extensions shall be located in the property's existing road
system to minimize site disturbance. If utility extensions
are proposed outside of approved road alignments, these
extensions shall be shown for review and approval at Detailed
Submission.
2. All development on Lots 1 through 5 shall be limited to
access roads, the individual driveways, utility extensions,
irrigation ditches, fences meeting Division of Wildlife
requirements and the building envelopes. No disturbance,
including vegetation removal, (unless required by the County
for fire protection) shall occur outside these areas.
Landscaping outside of building envelopes may be permitted
upon approval by the Planning Department.
3. The applicant shall dedicate a fishing easement along the
southerly bank of the river to include the river and five feet
of bank above the high water mark. A fishing easement shall
also be granted between the common boundary of the out parcel
377678 B-770 P-785 12/3O/94 041o5P PG 3 OF 8
Resolution No. 94
Page 3 ^-'
and Lot 6 and the centerline of the river. The applicant
shall work with the County to realign those portions of the
"winter" trail that are located within hazardous avalanche
zones, to the extent feasible.
4. All residences shall be connected to the Aspen Consolidated
Sanitation Districts (ACSD) main sewer line that runs through
the property. The owners of said lots shall pay the normal
connection fees, along with an additional prorated surcharge
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 sewage pumping system is necessary on any
parcel, a conventional septic tank shall pretreat effluent
prior to discharge into a pumping chamber, as recommended by
the Environmental Health Department.
5. The applicant shall make a contribution of $12,600 to the
County trails program 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 required 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
fire hydrants and water pressure prior to building permit
issuance.
8. The Applicant or owners shall provide one, above grade, low
r ,
Resolution No. 94-�
Page 4
income, one -bedroom affordable housing unit on each of the
five new lots within their designated building envelopes,
concurrently with the construction of each four -bedroom free
market unit. An appropriate deed restriction shall be
executed and filed with the Housing Office. The affordable
units shall meet or exceed Housing Office's minimum, net
livable area requirement for low income units, and shall be
deed restricted to the Category i1 income, price and occupancy
guidelines in effect at the time of issuance of a building
m permit. Planned Unit Development (PUD) approval is hereby
o granted to allow smaller lot sizes as necessary for the
provision of detached or attached affordable housing units on
Lots 2 and 3.
ti9. Dogs shall be kenneled or leashed at all times. Fencing shall
9
comply with Division of Wildlife standards, including a
maximum height of 42", four strands or less.
9 10. Prior to final plat recordation, the applicant shall supply
evidence of an adequate water supply.
11. The protective covenants for the Stillwater Ranch Subdivision
r
n shall be revised to permanently restrict the use of the Open
s Space Parcel to agricultural uses and improvements, the
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n
'IQ pasturing of horses and related uses and improvements, and
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such other open space uses and improvements as may be approved
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n from time to time by the Stillwater Ranch Homeowners
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Association, and the continuation of existing uses. The
covenants shall also prohibit further subdivision of the Open
Space Parcel, although a lot line adjustment shall be
permitted between the Open Space Parcel and the Out Parcel if
County and landowner approval can be obtained.
Resolution No. 94413
Page
5 - 71
12.
On or before March 1, 1995, the applicant shall form a
Homeowners' Association comprised of the owners of the six (6)
lots in the Stillwater Ranch Subdivision, 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 Fabienne Benedict and Fredric A. Benedict
for the rest of their lives.
13.
Removal of mature vegetation outside of any building envelope
on Lots 1 through 5 is prohibited except as provided for in
m
Condition 2 above. Removal of mature trees within the
p
building envelopes shall require approval of a tree removal
plan by the Planning Office. Mature trees means any deciduous
U")
CD
tree of six-inch caliper at diameter -breast -height or any
CL
evergreen taller than six feet in height.
6
14.
The northern boundary of the building envelope on Lot 1 shall
be relocated twenty (20) feet to the south to reduce potential
6
visual impacts. The applicant may relocate the eastern and/or
CU
western boundaries of the building envelope,soas to maintain
m
the size of the building envelope.
r
I 15.
The building height on Lot 1 shall be limited to a maximum of
6
20 feet measured from existing grade or finished grade,
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r
whichever is lower, to the top of a flat roof or the midpoint
a pitched roof. The ridge of a pitched roof shall not
coof
r
exceed 25 feet above existing or finished grade, whichever is
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lower.
16.
The building height on Lot 2 shall be limited to (i) a maximum
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Resolution No. 94-,1A1
page
6 ��7777'
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 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 survey 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
the standards and procedures in effect at the time of a new
coto
L.
application.
0
18.
The owner of Lot 1 shall submit a landscape plan for review
I
a
and approval by the Planning Office prior to the issuance of
,a
a building permit for the residence on Lot 1. The purpose of
5
the landscape plan shall be to reduce the visual impact of
5
o-
development on Lot 1 from Highway 82.
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19.
Section 2(f) of the covenants (lighting) shall be revised to
preclude outside lights on the north side of the buildings on
co
Lots 1 and 2 (facing Highway 82). The architectural
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"guidelines" shall be renamed to "requirements".
LL
5 20.
With the exception of one entrance light at the intersection
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r
of Highway 82 and Stillwater Road, and one outdoor light for
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the garage or home entrance (unless otherwise required by the
co
hUniform
Building Code), access drive and landscape "accent"
lighting shall be prohibited on Lots 1 and 2. Low level
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Resolution No. 94-n171
Page 7 '''�'''���771
walkway lighting, however, shall be allowed for safety
purposes. All exterior lighting shall comply with the
applicable requirements of the Pitkin County Land Use code.
21. Livestock grazing and livestock impounding 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 made by the applicant in the
application and public meetings shall be adhered to and
considered conditions of approval, unless otherwise amended
by other conditions.
APPROVED AND ADOPTED ON THE 20TH DAY OF DECEMBER, 1994.
4eputy
i
s,
and Records
APPROVED AS TO FORM:
Tim is tt,
Cou ty t rney
slw/fk.benedict.detailed.reso
BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO
M tc-R'NS!- C. Ii26�Np
By:
h5i3d-, airman
Date: !4&/ V J_
APPROVED AS TO CONTENT:
L
-ir Suzanne Kojidhan,
County P1 nning Director
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Exhibit "A"
PARCEL 1, STIL,LWATER RANCH PARCELS, according to the First Amended
Plat thereof recorded December 2, 1993 in Plat Book 33 at Page 34.
COUNTY OF PITKIN, STATE OF COLORADO.
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-- ATTACHMENT
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E--;5 F._77ij i17/16/94 1=:19F' ' 1 37=192 F'ITF'.IN COUNTY CLERK RECORDER
SILVIA DAMS
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITRIN COUNTY, COLORADO, GRANTING FIVE
GROWTH 14ANAGEMETIT QUOTA SYSTEM ALLOTMENTS
TO THE BENEDICT STILLWATER RANCH SUBDIVISION
Re9olution #94'��
REC DOC
'). oo
REC__ ZTALS
I. Fabienne Benedict, (hereafter ,Applicant"1, requested that the
hereaft-r ,Board"), grant excess
Board of County Commissioners, ( the Benedict
Growth Management Quota System Allotments for
Stillwater Ranch pursuant to Section 5-510.3(a) of the Land Use
code. t of, and adjacent to, the
2. The property is located southeas
City of Aspen (as described on Exhibit 'A' attached).
3 The Board heard this application at their regular meeting on
June 28, 1994, at which time evidence and testimony was Presented
a regarding this application. goals
4, The Board finds chat this application furthers community
by providing a site for employee housing, trails for public use and
}! significant open space*
l the Board of County
NOW, THEREFORE, BE IT RESOLVED by
commissioners that it hereby grants five (5) Growth anagement
M
Quota System Allotments to the Applicant subject to the requirement
complete all further subdivision review
that the Applicant
l Submission to the Board.
beginning with and including Genera
; L
Resolution No. 94-1D
Page 2 I= ADOPTED ON THE 28TH DAY OF JUNE, 1994-
APPROVED BOARD OF COUNTY COMMYSSIONERS OF
PITKIN COUNTY, COIIORADO
AT EST
By
d , al
rman
M Robert C.
ehe teljo as, Date:
Deputy Cerc and Recorder
AppRovm'D AS TO CONTENT:
APPROVED As TO FORK:
I . a K 0 chanl
Tim Whits, tt county Planning Director
county AttO
P-771 C7/19/94 12:19P pa 2 OF 3
372192
t
5
f 502835
SILV[q DgVIs PI
Page:
10/06!2004 03 TKIN COUNTY Co R 0.00 D 0.00 27F
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, GRANTING TR] ,J3ELLOCK'.MAJOR PLAT AMENDMENT FOR LOT 4,'
STILL'N*ATER RANCH SUBDIVISION
Resolution Nod/a -2004 ATTACH/TENT.
Recitals
1. Charles Bellock "Applicant", has applied to the Pitkin County Board of County Commissioners,
"130CC", fora Major Plait Amendment tag AMand enlarge the building cnvelope, create u
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 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 1.1, 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 99-104unless otherwise replaced or amended by the conditions of this approval.
?. Tile Applicant shall prepare an Amended Plat for Lot 4, Stillwater Ranch Subdivision iIi
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 1
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 build ing/development envelope, or
acc:css driveway.
4. Prior to the submission of a building permit, the Applicant shall be required to make a cash-in-
i ieu payment to the Aspen/Pitkin Housing Authority of $220,400 for housing mitigation for Lot 41 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 for review and approval.
Resolution No.0 -2004
Page 2
I I IIIIII IIIII Ilillli!'II'llGilllllllf�
542835 Page: 2 aT 3
00 006/2004 03.21F
R 0.00 0 0.00
Pursuant to Ordinance No. 022-2000, the Applicants are subject to the Fair Share Requirements
and shall pay a road impact fee.
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.
Lighting shall comply with the Pitkin County lighting standards at the time of installation.
The residence shall have a Iloor area limitation of 8,600 square feet as calculated at lime oi'building
permit, with 2,100 square feet of dour area located on the lower level. exempt sub -grade space
Shall be limited to 1,900 square feet as calculated at time ofbuilding permit, ,uld shall maintain a
permanent separation (wall) from port -exempt floor area, as depicted in Exhibit A. The lot shall
maintain a 750 square foot exemption from the calculation of floor area for a garage. The aggregate
square footage on the Lot shall not 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.lune,
2004,
INTRODUCED AND FIRST READ at the regular meeting and public hearing on tine 28th day
of July, 2004.
APPROVED AND ADOPTED AFTER. SECOND READING on the I 1 th day of August,
2004
APPROVED AS TO
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Dorothea Farris
Chair
Date:
APPROVED AS TO CONTENT:
John Ely, Cindy ouben,
County ey Community Development Director
Case #040-04
PID 9273718405004
U-31-
Lot 4,
ExistLag COnLbbans Afap
Sljl,7 ,
11-clt0F Rdncb Subdivision, P.U.D
Pitkin COU.DtY, Colorado 4.4Zs3
SCAM
)L
A
PARTIAL AUP OF LOT 4 WITH
PROPOSED SCHEMA FOOTPRINT,
N
-TIC
DRIVEIVA y AND GRADING
"
... .........
. . .......... ..... -
.... .. ......
=SHT
FLOOR AREA CAI suLATIO
asop A=4 0 �a W
MILE, AREA-Gsoor.
Pxapasu Tar"
TOTAL ARFA OF
PROPOSED SCHEMATIC LOVER
LOWER LEVEL. FOOTPRINT
MEMORANDUM
TO: Pitkin County Board of County Commissioners
Regular Meeting — August 11, 2004
THRU: Cindy Houbenn,, Community Development Director
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
of 750 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 buy out 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 Subdivision/PUD
ZONING/LOT SIZE: The property is zoned AFR-2 and contains approximately 4.433 acres.
BACKGROUND: The BOCC voted 4-0 in favor of the Bellock application with a direction that the
Employee Housing Mitigation requirement be reviewed at 2❑d 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 1 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 County Board of County Commissioners
Regular Meeting — July 28, 2004
THRU: Cindy Houbenn, Community Development Director
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 maximiun 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
of 750 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 buy out 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 Subdivision/PUD
ZONINGILOT SIZE: The property is zoned AFR-2 and contains approximately 4.433 acres.
BACKGROUND/EMSTING CONDITIONS: The property 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 Subdivision/PUD 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 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, otillwater 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 of the 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 Q.
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 from a design standpoint.
4
L
ji Yy
Ar
a
1
VIEW OF PROPOSED ENVELOPE FROM EASTERN EDGE ABOVE POND FACING
T.
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, , ,illwater 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 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 this 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 1 st, 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 permit 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. Schaffiler indicated in her
comments, sites on steeper and more constrained lots, such as Red mountain, hai e 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. Furthermore, 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, Stillwater Ranch Subdivision Major Plat Amendment,
,July 28, 2004
PaSe 4
n 3
M.
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34
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� .....hs'.,.J:q ul»h�awu'ks}.`..%➢.'"ic��'�S1Y:'u44w'f�'.414�nr&3V.n
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 building 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 landscape and grading plan at
building permit for review and ap roval to alleviate these concerns
t!?a
fv
rl
r -,�.' u• max' �`. .' ' _
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 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 SHIFT:
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 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 lot to 11,250 s . ft. would not
be of significant concern.
� Y� �flr
EMPLOYEE HOUSING MITIGATION REQUIREMENT:
Staff concludes that Condition No. 8 of BOCC Resolution 94-233 (Detailed and Final Plat Approval),
which requires that a ftilly 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 1 Unit at time of
subdivision review (1994), plus adjusted CPI. If at the time of building permit submission the Code has
been amended regarding alternative mitigation for previously approved deed restricted rental units, the
Applicant shall comply with the Code in effect at that time.
RECOMMENDATION: Planning and Zoning Commission recommend that the Board pass the following
motion, "to approve the Bellock Major Plat Amendment on 1 s� reading" subject to the following conditions,
and setting 2°d Reading for August 11, 2004."
Memorandum: Bellock, Lot 4, z allwater Ranch Subdivision Major Plat Amendment
July 28, 2004
Paae 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
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 lst 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.
The Applicant shall prepare an Amended Plat in accord nee with Pitkin County Land Use Code
Sections 5-40 and 5-60-040. _ CT C� ; -- 7, 6—
No development, including grading, excavation, fill placement, berming, landscaping, 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 1 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 Code',
1
Resolution No. _-2004
Page 2
Prior to the issuance of a building permit, the Applicant shall submit a landscaping a d grading lan
to Community Development for review and approval.
Pursuant to Ordinance No. 022-2000, the Applicants are subject to the Fair Share Requirements
and shall pay a road impact fee.
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.
Lighting shall comply with the Pitkin County lighting standards at the time of installation.
The residence shall have a floor area limitation of 8,600 square feet as calculated at time of building
permit, with 2,100 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 PUBLISTriED IN THE AS'KEN TI .11ES 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 1 Ith day of August,
ATTEST:
Jeanette Jones
Deputy Clerk
APPROVED AS TO FORM:
Jolm Ely,
County Attorney
Case #040-04
PID 4273718405004
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Dorothea Farris
Chair
Date:
APPROVED AS TO CONTENT:
C nd Houben,
Community Development Director
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.
1.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 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.
A.TTAG H M F N1 i �
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
GRANTING APPROVAL FOR CONDITIONAL USES. IN THE. ACADEMIC- (A) AND
CONSERVATION (C) ZONE DISTRICTS; SPECIAL REVIEW OF PARKING REQUIREMENTS,
8040 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
CONCEPTUAL/FINAL SPECIALLY PLANNED AREA (SPA) DEVELOPMENT PLAN FOR THE
KIDS STUFF FOUNDATION DEVELOPMENT LOCATED ON LOT S OF THE STILLWATER
RANCH SUBDIVISION,
CITY OF ASPEN
Resolution 97-i4q-
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
hall in the Academ.j9 zone district and for a_swimmirilpool in the Qanservation_zone 6istdct;. Special
Review for parking requirements in the Academic zone district; 8040 Greenling Review; Stream Margin
Review; Rezoning; and, Conceptual/Final 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 ofthe Aspen
Municipal Code, parking 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 Greenline Reviews may be approved by the Planning and Zoning Commission; and pursuant
to Section 26.68.040 of the Aspen Municipal Code, Stream Margin Reviews may be approved by the
Planning and Zoning Commission; 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 regarding 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 Conceptual/Finai
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 was legally noticed for a public hearing; and
WHEREAS, during the public hearing at a continued meeting 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 Greenline Review with conditions, and the Stream Margin 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 5-0 vote of the request to amend the Official Zone
District Map and the Conceptual/Final Specially Planned Area (SPA) Development Plan proposal.
NOW, THEREFORE BE IT RESOLVED by the Commission:
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A. Conditional Use:
That the Conditional Use for dormitory housing; a_health care facility and a_dining hall in the Cadt mic =.. i`�%f i•n
(A) zone district, and a swimming pool in the Conservation (C) zone district at Kids Stuff Foundation on
Lot 5 of the Stillwater Ranch Subdivision is approved with the following conditions:
1 . Prior to the issuance of any building permits the applicant shall:
a) install any new surface utilities requiring a pedestal or other above ground equipment on
an easement provided by the property owner and not within the public rights -of -way;
b) Locate any additional proposed construction in such a way that it does not encroach into
an existing utility easement or public right-of-way;
c) Agree to join any future improvement district(s) which may be formed for the purpose of
constructing improvements in adjacent public rights -of -way; the agreement shall be executed
and recorded concurrently 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;
f) Ensure that the project meets all runoff design standards of Section 26.88.040(CX4)(f)
with the building permit application, and provide a drainage report and mitigation plan signed
and stamped by an engineer registered in the State of Colorado;
g) Submit a permanent erosion control plan and a temporary sediment control plan and
containment plan for the construction phase; and
h) 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 these
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 lines, building footprint,
easements, any encroachments, entry points for utilities entering the property boundaries and
any other improvements to the Aspen/Pitkin 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 permit;
b) Permit Community Development Department and Housing Office staff to inspect the
property to determine compliance with the conditions of approval;
c) Be required to sign a sidewalk, curb and gutter agreement with the City;
d) Increase the width of the access easement through the property to twenty (20) feet in
order to meet emergency access width requirements, and emergency access to the new building
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 dedicated fire 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 facilities. A minimum of two (2) weeks shall be necessary for the Department to
review and approve plans. Also, final approval from the Environmental Health Department is
required before opening for business. and prior to issuance of a Colorado Food Service License.
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Also prior to issuance of any building permits, the applicant shall consult with City departments
regarding the following: -
a) City Engineering for design of improvements, including landscaping, within public
rights -of -way;
b) Parks Department for tree removal, landscaping, and selection of vegetative species, as
well as provisions for trail easements and fencing design;
c) City Streets Department for street improvements, and shall obtain permits for any work
or development, 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 permits, a review of any proposed minor changes from the
approvals, asset forth herein, shall be made by the Planning and Engineering Departments, or
referred back to the Planning and Zoning Commission.
5. One (1) year after the commencement of operation, an employment audit shall be conducted by
the Housing Department_ The permanent staff units shall be deed restricted with priority for use
of these 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 the two -bedroom, lower -level unit).
6. Deliveries to the facility for all services (i.e., food, medical supplies, etc.) shall be limited to the
hours between 6:00 a.m. and 7:00 p.m., 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 shall 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 requirements in the Academic (A) zone district at Kids Stuff
Foundation on Lot 5 of the Stillwater Ranch Subdivision requiring three (3) garaged parking spaces for
vans and ten outdoor parking spaces meets the standards of Section 26.64.040(B) of the Aspen Municipal
Code and is approved with the following conditions:
One (1) year after commencement of the facility's operation, a parking audit/study be conducted
by the applicant and submitted to the Community Development Department for review. If the
findings indicate that the provided parking 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(B) of the Municipal Code.
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 shall be considered conditions
of approval, unless otherwise amended by a Board/Commission having authority to do so.
C. 8040 GreenIin Review:
That the 8040 Greenling Review for the Kids Stuff Foundation development proposal on Lot 5 of the
Stillwater Ranch Subdivision meets the standards of Section 26.68.030 of the Aspen Municipal Code and is
approved with the following conditions:
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Regarding the horse facilities:
a) Careful housekeeping and cleanup of all areas shall occur on a regular, daily basis;
b) Runoff through this area shall be controlled by Freating diversion swales to keep runoff from
the stable area from traveling off the property or into nearby rivers;
c) One (1) year after commencement of the 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 (50) foot buffer from areas that could be easily contaminated, such
as the river, 100-year flood plain and wetlands, will be implemented and 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 as
compared to land area available;
e) If concerns arise, the Aspen/Pilkin Environmental Health Department reserves the right to
require water quality sampling at the owner's expense;
Prior to issuance of any building permits or use of the facility, the applicant shall provide proof to
the Aspen/Pitkin Environmental Health Department that proposed mitigation measures are
sufficient to offset increases in PM1a and traffic caused by the project;
At least thirty (30) days prior to issuance of a building permit, the plans and specifications
complete with piping layout, equipment and mechanical specifications along with design
calculations, shall be submitted for review and approval by the Aspen/Pitkin Environmental
Health Department;
4. 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 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 Review for the Kids Stuff Foundation development proposal on Lot 5 of the
Stillwater Ranch Subdivision meets the standards of Section 26.68.040 of the Aspen Municipal Code and is
approved with the following conditions:
I. The applicant shall work with the Parks Department to design a fence around the stable with rail.
logs that are 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 (15)
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 building envelope;
t
3. If any 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 outdoor lighting will feature
down -directional and sharp cut-off fixtures.
4. A plat documenting the approved building envelope as related to surveyed information shall be
submitted to and approved by the Aspen Engineering Department. This plat 'shall include revised
site sections meeting the standard set forth by Section 26.68.040(B)(10), and shall be recorded
within I80 days of stream margin review approval;
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5. 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 shall be considered conditions
of approval, unless otherwise amended by a Board/Commission having authority to do so.
E. Rezoning:
That a recommendation to approve the rezoning as requested by the applicant, provided the annexation
request is approved, is forwarded to the City Council. That is, the Commission recommends to Council
that the subject parcel be zoned Academic (A) on the upper bench, Conservation (C) on the lower bench,
and Specially Planned Area (SPA) overlaying the entire parcel. subject to both the dimensional
requirements adopted by Council through the approval of a 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 consolidation of conceptual and final SPA review. The Commission
(lather recommends that Council accept the following dimensional requirements for the Academic (A)
zone district portion of the SPA:
1. Minimum Lot Size: 6 acres
2. Minimum Lot Area Per Dwelling Unit: 1.5 acre per unit
3. Minimum Lot Width: 200 feet
4. Minimum Front Yard: 30 feet
5. Minimum Side Yard: 20 feet
6. Minimum Rear Yard: 20 feet
7. Maximum Height: 28' to the mid -point of the roof, as measured on all sides of the building,
except for the east elevation, which shall not exceed 32.5' to the mid -point.
8. Minimum Distance Between Principal and Accessory Buildings: No requirement, except that
required by building code.
9. Percent of Open Space Required for Building Site: 30 percent
10. _External Floor Area Ratio: Floor area shall not excecd14.0QQ-square_fc_ct
l 1 . inieinal Floor Area—Raf3o:"`No troquircmerit.
In addition, the Commission recommends that Council finds that the proposed SPA meets at[ applicable
standards (1-8) of Section 26.80.040(B)4nd..ould be approved with the condition that an SPA plat
shall be approved by the Engineerog Dp5prune lec.rd.d within 180 days final SPA approval.
G. General Provisions:
1. That this Resolution shall not becortld et%Ctive,4mles/o until the City Council approves the
Petition for Annexation by duly enact e'lorfiit(gjice,Vr4Cng the subject property to the City of
Aspen. 4 t '_.
2. All material representations made by the appl?CAn in is application and during public meetings
with the Planning and Zoning Commission shall ed to and shall be considered conditions
of approval, unless otherwise amended by a Boar d/C' nimission having authority to do so.
APPROVED by the Commission at its continued meeting on March 11, 1997
Attest:
kie Lothian, Deputy City Clerk
Planning and Zoning Commission: /
U
ar�Gart,,. airpersso/n �j y
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AN ORDINANCE OF THE CITY COUNCIL OF THE. CITY OF ASPEN, COLORADO, TO
APPROVE THE CONCEPTUAL/FINAL SPECIALLY PLANNED AREA (SPA)
DEVELOPMENT PLAN AND TO REZONE LOT 5 OF THE STILLWATER RANCH TO TITS
ACADENUC (A) AND CONSERVATION (C) ZONE DISTRICT'S, AND TO GRANT A GMQS
EXEMPTION FOR A NON-PROFIT ENTITY QUALIFYING AS
AN ESSENTIAL PUBLIC FACILITY
ORDINANCE No. -I I , SERIES OF 1997
WHEREAS, the owner of Lot 5 of the Stillwater Ranch Subdivision, Kids Stuff Foundation,
(hereafter "Applicant") submitted an application (hereafter "Plan") to the Community Development
Department to rezone to the Academic and Conservation zone districts and 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
26.100.050(Cx2)(a)((3)) of the Aspen Municipal 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 regular meetings on November 19, 1996 and January 13, 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 the Aspen Municipal Code and did
conduct public hearings thereon on March 4, 1997 and March 11, 1997; and
WHEREAS, upon review and consideration of the Plan, agency and public comment thereon, and
those applicable standards 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(B) (Development in a Specially Planned
11111111111111111111111111111111111111110 11111 I11 IN
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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 Planning and Zoning Commission further granted
Special 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 swiniming pool in the Conservation zone
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 recommendations
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 a unique institution which
enhances our community, and that des ignati thg.p-rPpzn)_ass�_Specially Planned Area benefits ihe._g tx's
residents and visitors by allowing flexibilitvto_ngcommodatB the yariety_af proposed-usea-tirld
WHEREAS, the City Council finds that the proposed uses at the upper. o-c—ar i_(described-as "ne
West Part of Lot 5" in Exhibit "A") of Lot 5 of the Stillwater Ranch Subdivision are consistent with the
purpose of the Academic zone district "to establish lands for education and cultural activities with attendant
research, 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 5" in Exhibit "A") of Lot 5 of the Stillwater Rater 1 Subdivision am consisten with the
puroese of the Cort_servatip�one_sli5t'iet "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
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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 minimal
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)) of the Municipal Code; and
WHEREAS, 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 Chapter 26 of the
Municipal Code.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLOR.ADO:
Section 1: Pursuant to Section 26.92.020 (Standards of Review) of the Aspen Municipal Code, the City
Council finds as follows in regard to the proposed map amendments:
The proposed amendments are not in conflict 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.
Section 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 5 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, described in Exhibit "A"
as "The East Part of Lot 5," to the Conservation zone district with a Specially Planned Area (SPA) Overlay.
The legal description is attached as Exhibit "A."
3
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Section 3: Pursuant to Section 26.100.050(C)(2)(a)((3)) of the Aspen Municipal Code, the Kids. Stuff
Foundation is hereby granted a GMQS Exemption as a nonprot it entity qualifying; as an essential public
facility.
Section 4: Pursuant to the findings set forth in Section l 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 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 Final development plan.
2. The final development plan, which shall consist of the site plan of the entire 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 a`nd corder, and shall be
bindidg'upori tfie p%perty owners subject to the devclopineIit —O—r uo.s-uQr ss rs and assigns,
and shahconstitute the devclopinenTrogu to ions for 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 development plan and SPA agreement. Failure on the part of the applicant to record
the final development plan and SPA agreement within a period of one hundrod and eighty (180)
days following its approval by City Council shall render the plan invalid. Reconsideration 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 recorded prior to submission of any 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 Greenline, 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.
S. No construction or building permits shall be issued until the parcel has been finally annexed into
the City of Aspen.
6. All material representations made by the applicant in the application and during public hearings
shall be adhered to and considered conditions of approval, unless otherwise amended.
ScrHnn 4; This Ordinance shalt 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
111111111111111111111111111111111111111 Ill 1111111111111
405614 06/23/1997 11t49A ORDINANCE
9 of 11 R 56.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
Section 6: If any section, subscctiou, sentence, ciause, phrase, or portion of this Ordinance is for any
reason hold invalid o+• unconstiltil ion:d in a court of compotont jurisdiction, such portion shall be deemed a
separate, distinct and indepcndenL provision and shall not al]'ect the validity of the remaining portions
thereof.
Section 7: A public hearing on the < )rdinunce wns held on the 141h day of April, 1997, at 5:00 p.m, in the
City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days priorto which hearing a public
notice of the same wns published in a newspalwr of gunurnl circulation within the City of Aspen.
Section 8: This Ordinance shall not become effective unless and until die City Council approves the
Petition for Annexation by duly enacled Ordinance annexing the subject property to the City of Aspen.
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO CONTENT:
Community Development Director
INTRODUC'F,I), READ ANT) ORDERED PUBLISHED as provided by law, by the City
C
Council of the City of Aspcn on thn<t- day of /.��. Z 4 d' /f 1997.
Atfget.�I
i
Katl p,m S.2 i6ch, City'Clerk
— L-6p-
John nnett, Mayor
FINALLY adopted, passed and approved this /7 day o , 1997.
�. John Bet sett, Mayor
Attcs
"- •�"—
i L .
t
i "•Kathryn S. K City Clerk
ORVtNEiNG�s' rib, tt, { Y9't'
3 i d-1 997 d : O 1 Pt FG.Ot•1 PAPER CHASE/PAGES 9709638700
i lli{Il It{II lilill Iltll Ilti filth I{Ilil 111 li1111{II Itt1
Alpine Surveys, Inc. 4=614 06/23/1N7 11:49A ORDINANCE
Post Office 80x1730 6 of 11 R 56.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
Aspen, COlorado 81612
970 925 2508 __._- _.--_----•
MARCH 14, 1997
JOB NO. 97--1 KIDS STUFF FOUNDATION
LEGAL DESCRIPTIONS 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., PITRIN COUNTY, COLORADO MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING. ;AT TkfE -WEST. CORNER • OF SAID LOT 5;
THENCE SOUTH 84'01'42" EAST 199.73 FEET;
THENCE NORTH 09924'26" EAST 417.59 FEET;
THENCE SOUTH 89013'19" EAST 28.00 FEET;
THENCE SOUTH 51015'00" EAST 65.00 FEET;
THENCE SOUTH 36030'00" EAST 132.26 FEET;
THENCE SOUTH 327.32 FEET;
THENCE NORTH 77015100" WEST 90.00 FEET;
THENCE SOUTH 18.47'00" WEST 246.66 FEET;
THENCE NORTH 30014'46" WEST 192.41 FEET;
THENCE 153.02 FEET ALONG THE ARC OF A NON —TANGENT CURVE
TO THE LEFT HAVING A RADIUS OF 60.00 FERT AND
WHOSE CHORD BEARS NORTH 4890315011 WEST 114.80
FEETt
THENCE NORTH 55045'00" WEST 45.46 FEET;
THENCE NORTH 52"22'39" WEST 46-93 FEET TO THE POINT
OF BEGINNING;
CONTAINING 2.562 ACRES, MORE OR LESS.
DESCRIPTION OF THE EAST PART OF LOT 5
THE EAST PART OF LOT 5, STILLWATER RANCH SUBDIVISION/
P.U.D., PITKIN COUNTY, COLORADO MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 5;
THENCE SOUTH 00'09'36" WEST 168.88 FEET;
THENCE SOUTH 32027'17" EAST 73.71 FEET;
JAN,16.2007 2:OOPM OATES KNEZEVICH GARDENSWARTZ
NO. 9248 ' P. 2
LAW OFFICES OF
OATES, KNEZEVICd, G(ARDENSWARTZ 8L KELLY, P.C.
PROr-ESSIONAL DORPORATION
THIRD FLOOR, ASPEN PLAZA BUILDING
533 E, HOPKAJS AVENUE
LEONARD M.OATES
A$PEN.COLORADO,81611
RICHARO A KNCZEVICH
TED D. (3ARDENSWAKTZ
DAV ID 6. KELLY
MARIA MORROW
OF COUNSEL.
JOHN T KELLY
ANNE MAR1E MCPHEE
January 16, 2007
Little Star Foundation
c/o Andrea Jaeger, Director
405 Rancho Milagro Way
Hesperus, CO 81326-8752
Be.- Lot 5 Stillwater,Rancla
Dear Ms. Jaeger:
TELEPHONE (970) e20-17DO
❑ACSIMle (970)920-1121
CDk&kpla -M
VIA FACSIMILE
(970) 588-3786
I am the attorney for the Stillwater Ranch Open Space Association. At our last annual meeting
held on August 2, 2006, the Silver Liiung 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 fazwily use. This letter will also confirm that upon the sale of
Lot 5 to a third party and upon its return to single family zoning, the new owner of Lot S would be
entitled to vote as a member of the Association pursuant to the terms of the Protective Covenants.
Please feel free to contact me with any questions.
Sincerely,
OATES, KNEZEvim, GARwNswARTz & KELLY, P.C.
John T. Kelly for David B. Kelly
DBK/maf
Zoo/Zoo [n UgVHH u0SUIDOW KKV'IO2IV0 %Vd Zip : ST afU Z00Z/9T/T0
r
Little 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 Horn, Incorporated. Please accept this letter as
confirmation 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
By S
Sister Andrea Jaeger
Little Star Foundation • 256 Rancho Milagro Way • Hesperus, Colorado 81326
800-543.6565 • www.littlestar.org • info@littlestar.org
Vila.
The City of Aspen
City Attorneys Office
TO: Mayor and Members of Council
FROM: John P. Worcester
DATE: April 23, 2007
RE: Ordinance No. O , Series of 2007, to Disconnect Lot 5, Stillwater Ranch
Subdivision from the city limits of the City of Aspen
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 City Council that the best interests of the City would not be
prejudiced by 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. t I Series of 2007, on first reading.
CITY MANAGER'S COMMENTS:
cc: City Manager
JPW- saved: 4/16/2007-285-G:\john\word\memos\Little Star disconnect.doe
ORDINANCE NO. 10
(Series of 2007)
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 of land 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 1. 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.
Section 2. The City Clerk of the City of Aspen is hereby directed as follows:
(a) To file one (1) 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 of this
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 of the 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 , 2007, in the
City Council Chambers, Aspen City Hall, Aspen, Colorado.
2
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the day of , 2007.
Helen Kalin Klanderud, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved this day of
2007.
ATTEST:
Kathryn S. Koch, City Clerk
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:
Apr 10 07 04:48p Yanaris Nieves
760-436-6196 p.2
Little 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 Horn, Incorporated. Please accept this letter as
conffrmation 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
By S',_SW
Sister Andrea Jaeger
Little Star Foundation - 256 Rancho Nlilagro Way • Hesperus, Colorado 81326
800,543.6565 ' N,%,w.littlestar.org • info@littlesrar.org
PETITION FOR DISCONNECTION BY ORDINANCE
(De -Annexation of a 6.487-Acre Parcel)
Applicant:
Before the Aspen City Council
Representatives:
Little Star Foundation Richard Y. Neiley, Jr.
formerly known as Silver Lining Foundation Neiley & Alder, Attorneys
and Kids Stuff Foundation, Inc. 201 North Mill Street, Suite 102
256 Milagro Way Aspen, CO 81611
Hesperus, CO 81326 (970) 925-9393
Property:
Lot 5,
Stillwater Ranch Subdivision,
1490 Ute Avenue
City of Aspen,
County of Pitkin,
State of Colorado
Glen Horn
Davis Horn, Incorporated
215 South Monarch Street
Aspen, CO 81611
(970) 925-6587
PETITION FOR DISCONNECTION BY ORDINANCE
(De -Annexation)
L 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. § 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. 1C, 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. 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
' 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 1 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 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 carry on its work with sick children and their families.
146509014mlim
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
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. 1 C, Series of 1997
3. City of Aspen Ordinance No. 11, 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 P-770 P-BE6 1-2/30/94 04:15P PG 1 DF 2 REC DOC
SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER 10.00 0.00
Nil
XWOW ALL MEN BY THESE PRESENTS=
THAT FOR AND AS A CHARITABLE GIFT AND DONATION, the
undersigned FABIENNE BENEDICT ("Donor") hereby donates, sells and
conveys to WIDSf STUFF FOUNDATION, INC_, a colorido not -tor -profit
corporation ("Donee"), whose address is P.O. Box 10970, Aspen,
Colorado 81612, the following real property situate in the County
of Pitkin, State of Colorado, to wit:
Lot 5, Stillwater Ranch Subdivision/PUD, according to the
Final Plat thereof recorded December 30, 1994 in Plat
Book 3,Z at Page of the real property records of
Pitkin County, Colorado, together with a perpetual, non-
exclusive easement, right-of-way and joint user right
along, within and beneath the existing road easement
between the Ute Avenue Cul-De-Sac and the out Parcel, as
shown on said Final Plat (as said road easement was
created in the Deed recorded in Book 188 at Page 82 of
the Pitkin County records), for purposes of access,
ingress and egress to Lot 5 and the installation of
underground utilities serving lot 5.
With all its appurtenances, subject to the following:
(a) 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 of access to Lot 5, Donee shall share equally with the
owner of the Out Parcel the costs and expenses of maintaining and
snow -plowing the portion of said access road actually used by
Donee.
(b) Lot 5 and the road and utility easement are conveyed
hereby in an "as is" condition, subject to all patent or latent
conditions or problems of any kind or nature, and further subject
to all title matters of record or otherwise, specifically including
without limitation:
(i) Road easement and other matters described in Deed
recorded in Book 188 at Page 82 and in instrument recorded in
Book 380 at Page 425.
(ii) All matters contained on the First Amended Plat of
the Stillwater Ranch Parcels recorded in Plat Book 33 at Page
34.
(iii) BOCC Resolution No. 94---�?3y recorded in Book 7.70 at
Page '?rU.
(iv) All matters contained on the Final Plat of
Stillwater Ranch Subdivision/PUD recorded in Plat Book -�'tf~ at
Page .
377685 E-770 P-827 12/30/94 04:15P
PG 2. OF '�-
(v) Subdivision Improvements Agreement recorded in Book
7o at Page
(vi) Protective Covenants for Stillwater Ranch
Subdivision/PUD recorded in Book 770at Page/`.
(vii) Fisherman's Easement Agreement recorded in Book 2Z6
at Page i_ 2.4r,
(vi.i Grant of Utility Easement recorded in Book 770 f= at
Page.
(ix) water service Agreement between the city of Aspen
and Donor recorded in Book7Zl2_ at Page7-24.
(c) in accordance with the provisions of Paragraph 3(c) of
the Protective Covenants for Stillwater Ranch Subdivision/PUD, on
or before March 1, 1995, Donor is obligated to form a Homeowners'
Association to own, govern and maintain the Open space Parcel
depicted on the Final Plat of Stillwater Ranch Subdivision/PUD.
The members of the Association will be the owners of the six (6)
Lots in Stillwater Ranch Subdivision, and the Association will have
the power to levy and collect general and special assessments on
such members for 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 Sale Deed,
Donee shall be deemed to have consented to and approved the
formation of said homeowners' Association, to have consented to
being a member thereof, and to have agreed to execute any and all
documents that may be required in connection with the formation
thereof.
Signed and delivered this 30th day of December, 1994.
DONOR:
STATE OF COLORADO )
) on.
COUNTY OF PITXIN )
Fab enne Benedict
The foregoing instrument was acknowledged before me this 30th
day of December, 1994, by Fabienne Benedict.
WITNESS my hand and offi ' al.
My commission expires-3S
(SEAL)
14474. 2
I llllll 11t11111111 ltlll 1111 lltltl llllll lil Illll lilt �1�I
4D3613 06/23/iS67 11:37A ORDINANCE
i of 3 R 16.00 D 0.00 N 0.00 PtTKIN CO
UN77 CLERK
ORDINANCE NO. IC
(Series of 1997)
AN ORDINANCE OF THE CITY COUNCIL. OF T] IE IC1.1-Y 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 owner of the property proposed to be annexed
did file with the City Cleric of the City of Aspen a Petition for Annexation of territory to the City
of Aspen; and
WHEREAS, the petition, including accompanying copies of an annexation map, has been
reviewed by the City Attorney's Office and the City Engineer and found by them to contain the
information prescribed and set forth in §31-12-107, C.R.S.; and
WHEREAS, the owners of one hundred percent (1(X)%) 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 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 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:
11111111111111111111111111111111111111111111111 IN Al
403613 05/23/1997 11:37A ORDINANCE
2 of 3 R 16,00 0 0.00 N 0.00 PITKIN COUNTY CLERK
section 1. That the tract of land de�-crilvA. in the Petition for Annexation,
commonly referred to as the "Stillwater Ranch Subdivision, Lut 5 i'arcel", and as shown on the
annexation map, is hereby annexed to the City of Aspen, Colorado.
Section 2. The City Clerk of the City of Aspen is hereby directed as follows:
(a) To file one copy of the annexation ntap with The original of this annexation
ordinance in the office of the City Clerk of the City of A,,hcn.
(b) To certify and file two copies of this aruiexatio,i ordinance and of the annexation
map with the Clerk and Recorder of the County of Pitkin, State of Colorado.
(c) To request the Clerk and Recorder of Pitkin County to file one certified copy of
this annexation ordinance and of the annexation map with the Division of Local Government of
the Department of Local Affairs, State of Colorado.
Section 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 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 separate, distinct and independent provision and
shall not affect the validity of the remaining portions thereof.
Section 5. 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.
I IRM 11111 HIS 111111111111111111111 Ili 11111111116
400513 06/23/1997 '11:37R ORDINANCE
3 of 3 R 18.00 0 0.00 N 0.00 PITKIN COUNTY CLERK
A public hearing on the ordinance shall be held on the /., - day of . 1997,
in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED 13LJBLISHED as provided by law by the City
Council of the City of Aspen on the — day of'-- r` 1997.
301111 S. Bennett, Mayor
ATTEST:
Kathryn S. YtO, City Clerk
FINALLY adopted, paqdjajd p1mygo this �_ day of
7ohn S. bennett, Mayor
ATTEST:
Kathryn S. h, uy Clerk
"sti Viwafer.ord
3
1 III{1111111 HIS 111111111111111111111 III 111111111 {III
40Sb14 0d/Z3/lOii7 11.49A ORDINANCE
1 of 11 R 66.00 D 0.W N 0.00 PITKIN COUNTY CLERK
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO
APPROVE THE CONCEPTUAL/FINAL SPECIALLY PLANNED AREA (SPA)
DEVELOPMENT PLAN AND TO REZONE LOT 5 OF THE STILLWATER RANCH TO TIM
ACADENIIC (A) AND CONSERVATION (C) ZONE DISTRICT'S, AND TO GRANT A GMQS
EXEMPTION FOR A NON-PROFIT ENTITY QUALIFYING AS
AN ESSENTIAL PUBLIC FACILITY
ORDINANCE No. _] I , SERIES OF 1997
WHEREAS, the owner of Lot 5 of the Stillwater Ranch Subdivision, Kids Stuff Foundation,
(hereafter "Applicant") submitted an application (hereafter "Plan") to the Community Development
Department to rezone to the Academic and Conservation zone districts and to designate the property as a
Specially Planned Area (SPA); and
WHEREAS, the Applicant has also requested approval of n GMQS Exemption to recognize the
Foundation as a nonprofit entity qualifying as an essential public facility pursuant to Section
26.100.050(Cx2)(ax(3)) of the Aspen Municipal 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 regular meetings on November 19, 1996 and January 13, 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 the Aspen Municipal Code and did
conduct public hearings thereon on March A, 1997 and March 11, 1997; and
WHEREAS, upon review and consideration of the Plan, agency and public comment thereon, and
those applicable standards 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(B) (Development in a Specially Planned
1111111111111111111111111111111111111111111111111111111
405614 06/23/1997 11r49A ORDINANCE
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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 Planning and Zoning Commission further granted
Special 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, 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 recommendations
and approvals as granted by the Planning and Zoning Coimnission ill 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 2L unique institution which
enhances our community, and that designating the property as a Specially Planned Area benefits the city's
residents and visitors by allowing flexibility to accommodate the variety of proposed uses; and
WHEREAS, the City Council finds that the proposed uses at the upper bench (described as "The
West Part of Lot 5" in Exhibit "A") of Lot 5 of the Stillwater Ranch Subdivision are consistent with the
purpose of the Academic zone district "to establish lands for education and cultural activities with attendant
research, 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 5" in Exhibit "A") 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
11111111111111111111111 IIII HIM 111111 III 11111 IIII IIII
403d14 09/23/10ft7 11 i 40A ORDINANCE
3 of 11 R 50.00 D 8.00 N 0.00 PITKIN COUNTY CLERK
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 minimal
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)(aX(3)) of the Municipal Code; and
WHEREAS, 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 Chapter 26 of the
Municipal Code.
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 as follows in regard to the proposed map amendments:
The proposed amendments are not in conflict 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.
The proposed amendments will promote the public interest and character of the City of Aspen.
���: 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 5 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, described in Exhibit "A"
as "The East Part of Lot 5," to the Conservation zone district with a Specially Planned Area (SPA) Overlay.
The legal description is attached as Exhibit "A."
111111111111 HIM 11111 IN 111111111111111-1111111111111
40Sai4 0A/Z3/1097 11.411M ORDINANCE
4 of 11 R 59.00 D 0.00 N 0.00 FITKIN COUNTY CLERK
Section 3: Pursuant to Section 26.100.050(C)M(a)((3)) of the Aspen Municipal Code, the Kids. Stuff
Foundation is hereby granted a GMQS Exemption as a nonprofit entity qualityinb as an essential public
facility.
Section 4: Pursuant to the findings set forth in Section I above, the City C'ouncil'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 to the fol lowing 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 Final development plan.
2. The final development plan, which shall consist of the site plan of -the entire 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 the property owners subject to the development order, their successors and assigns,
and shall constitute the development regulations for 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 development plan and SPA agreement. Failure on the part of the applicant to record
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 agreement by the Commission and City Council will be
required before its acceptance and recording.
3. The final development plan shall be recorded prior to submission of any 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 Greenline, 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 bus been finally annexed into
the City of Aspen.
6. All material representations made by the applicant in the application. and during public hearings
shall be adhered to and considered conditions of approval, unless otherwise amended.
Scetinn S; This Ordinance shalt 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.
rd
11111N 11111111111111111111 HIM 111111111111111111 IN
40SS14 06/23/1997 11:49A ORDINANCE
S of 11 R 56.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
Section 6: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitul ional in a court of comFx_lunt jurisdiction, such portion shall be deemed a
soparate, distinct and independenL provision turd shall not affect the validity of the remaining portions
thereof.
Section 7: A public hearing on the Ordinance was held on the 141h day of April, 1997, at 5:00 p.m. in the
City Council Chamburs, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public
notice of the same vas publ ished in a ncwspal)cr of gunural circulation within the City of Aspen.
Section 8: This Ordinance shall not become enective unless and until the City Council approves the
Petition for Annexation by duly enacted Ordinance annexing the subject property to the City of Aspen.
APPROVED AS TO FORM:
ca'_'_�
City Attorney
APPROVED AS TO CONTENT:
Community Development Director
INTRODUCED, READ AND ORDERED PLIBLISHEP as provided by law, by the City
Council of the City of Aspen on the, t day of 1997.
Kaf ,rn S.Pch, City'Clerk
John nnett, Mayor
FINALLY adopted, passed and approved this /T day o 1997.
?•t,. John Bet Lett, Mayor
gttcs .i��-
I "•Kalhryn S. K City Clerk
�OKRINANG� 1Jo.tt, l99 f
3- 1 4-1997 d: O I Pf.1 FP011 PAPER CHASE/PAGES 9709638700
�. X}{ � g 1-r A• 1
11111111111111111111111 Iill f1i111111111.11111111111111r1
Alpine Surveys, Inc. 405614 06/23/1667 11:49A ORDINANCE
Post Office Box1730 6 of 11 R 56.00 D 9.00 N 0.00 PITKIN COUNTY CLERK
Aspen, Colorado 81612
970 925 2588
MARCH 14, 1997
JOB NO. 97-1 KIDS STUFF FOUNDATION
LEGAL DESCRIPTIONS 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
DESCRIBED AS FOLLOWS:
BEGINNING..:AT THE.WEST.CORNER'OF SAID LOT 5;
THENCE SOUTH 84'01'42" EAST 199.73 FEET;
THENCE NORTH 09924'26" EAST 417.59 FEET;
THENCE SOUTH 89013'19" EAST 28.00 FEET;
THENCE SOUTH 51°15'00" EAST 65.00 FEET;
THENCE SOUTH 36'30100" EAST 132.26 FEET;
THENCE SOUTH 327.32 FEET;
THENCE NORTH 77915'00" WEST 90.00 FEET;
THENCE SOUTH 18'47'00" WEST 246.66 FEET;
THENCE NORTH 30014'46" WEST 192.41 FEET;
THENCE 153.02 FEET ALONG THE ARC OF A NON -TANGENT CURVE
TO THE LEFT HAVING Am RADIUS OF 60.00 FEET AND
WHOSE CHORD BEARS NORTH 48903'50" WEST 114.80
FEET;
THENCE NORTH 55045'00" WEST 45.46 FEET;
THENCE NORTH 52922'39" WEST 46-93 FEET TO THE POINT
OF BEGINNING;
CONTAINING 2.562 ACRES, MORE OR LESS.
DESCRIPTION OF THE EAST PART OF LOT-5
THE EAST PART OF LOT 5, STILLWATER RANCH SUBDIVISION/
P.U.D., PITKIN COUNTY, COLORADO MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 51
THENCE SOUTH 00'09136" WEST 168.98 FEET;
THENCE SOUTH 32927'17" 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 DISTRICTS, SPECIAL REVIEW OF PARKING REQUIREMENTS,
8040 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
CONCEPTUAL/FINAL SPECIALLY PLANNED AREA (SPA) DEVELOPMENT 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
hall in the Academic zone district and for a swimming pool in the Conservation zone district; Special
Review for parking requirements in the Academic zone district; 8040 Greenline Review; Stream Margin
Review; Rezoning; and, ConceptualfFinal Specially Planned Area (SPA) Review; and
WHEREAS, Pursuant to Section 26.60.040 ofthe Aspen Municipal Code, Conditional Uses may
be approved by the Planning and Zoning Commission; pursuant to Section 26.64.040 of the Aspen
Municipal Code, parking requirements in the Academic zone district may be approved by the Planning and
Zoning Commission through Special Review; pursuant to Section 26.69.030 of the Aspen Municipal
Code, 8040 Greenline Reviews may be approved by the Planning and Zoning Commission; and pursuant
to Section 26.68.040 of the Aspen Municipal Code, Stream Margin Reviews may be approved by the
Planning and Zoning Commission; 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 regarding 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 Conceptual/Final
Specially Planned Area (SPA) Development Plan proposals; and
WHEREAS, the Housing Office, City Engineering, Parks Departmenk 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 was legally noticed for a public hearing; and
WHEREAS, during the public hearing at a continued meeting 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 Greenline Review with conditions, and the Stream Margin 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 5-0 vote of the request to amend the Official zone
District Map and the Conceptual/Final Specially Planned Area (SPA) Development Plan proposal.
NOW, THEREFORE BE IT RESOLVED by the Commission:
11111111111111111111111 IN 111111111111 Ili 111111111 IN
405614 08/23/1997 13t4&A ORDINAMZ
7 of 11 R 68.00 D 0.00 N 0.60 PITKIN COUNTY CLMtX
A. Conditional Use:
That the Conditional Use for dormitory housing, a health care facility and a dining hall In the Academic
(A) zone district, and a swimming pool in the Conservation (C) zone district at Kids Stuff Foundation on
Lot 5 of the Stillwater Ranch Subdivision is approved with the following conditions:
Prior to the issuance of any building permits the applicant shall:
a) Install any new surface utilities requiring a pedestal or other above ground equipment on
an easement provided by the property owner and not within the public rights -of --way;
b) Locate any additional proposed construction in such a way that it does not encroach into
an existing utility easement or public right-of-way;
c) Agree to join any future improvement district(s) which may be formed for the purpose of
constructing improvements in adjacent public rights -of -way: the agreement shall be executed
and recorded concurrently 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;
f) Ensure that the project meets all runoff design standards of Section 26.88.040(Cx4)(f)
with the building permit application, and provide a drainage report and mitigation plan signed
and stamped by an engineer registered in the State of Colorado;
g) Submit a permanent erosion control plan and a temporary sediment control plan and
containment plan for the construction phase; and
h) 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 these
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 lines, building footprint, -
casements, any encroachments, entry points for utilities entering the property boundaries and
any other improvements to the Aspen/Pitkin 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 permit:
b) Permit Community Development Department and Housing Office staff to inspect the
property to determine compliance with the conditions of approval;
c) Be required to sign a sidewalk, curb and gutter agreement with the City;
d) Increase the width of the access easement through the property to twenty (20) feet in
order to meet emergency access width requirements, and emergency access to the new building
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 dedicated fire 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 facilities. A minimum of two (2) weeks shall be necessary for the Department to
review and approve plans. Also, final approval from the Environmental Health Department is
required before opening for business, and prior to issuance of a Colorado Food Service License.
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40W24 06/23/1997 11:49A ORDINANCE
a of 11 R 56.00 D 0.00 N 0,00 PITKIN COUNTY CLERK
Also prior to issuance of any building permits, the applicant shall consult with City departments
regarding the following:
a) City Engineering for design of improvements, including landscaping, within public
rights -of -way;
b) Parks Department for tree removal, landscaping, and selection of vegetative species, as
well as provisions for trail easements and fencing design;
c) City Streets Department for street improvements, and shall obtain permits for any work
or development, 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 permits, a review of any proposed minor changes from the
approvals, as set forth herein, shall be made by the Planning and Engineering Departments, or
referred back to the Planning and Zoning Commission.
5. One (1) year after the commencement of operation, an employment audit shall be conducted by
the Housing Department_ The permanent staff units shall be deed restricted with priority for use
of these 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 the two -bedroom, lower -level unit).
6. Deliveries to the facility for all services (i.e., food, medical supplies, etc.) shall be iimited to the
hours between 6:00 a.m. and 7:00 p.m., 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 shall 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 requirements in the Academic (A) zone district at Kids Stuff
Foundation on Lot 5 of the Stillwater Ranch Subdivision requiring three (3) garaged parking spaces for
vans and ten outdoor parking spaces meets the standards of Section 26.64.040(B) of the Aspen Municipal
Code and is approved with the following conditions:
1. One (1) year after commencement of the facility's operation, a parking audit/study be conducted
by the applicant and submitted to the Community Development Department for review. lf'the
findings indicate that the provided parking 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(B) 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 adhered to and shall be considered conditions
of approval, unless otherwise amended by a Board/Commission having authority to do so.
C. 8040 Greenlin Review:
That the 8040 Greenline Review for the Kids Stuff Foundation development proposal on Lot 5 of the
Stillwater Ranch Subdivision meets the standards of Section 26.68.030 of the Aspen Municipal Code and is
approved with the following conditions:
111111111111111111111111111IIIIII 11111111{ i1111 III{ 1111
4MG14 06/23/1997 11t49A ORDINANCE
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I. Regarding the horse facilities:
a) Careful housekeeping and cleanup of all areas shall occur on a regular, daily basis;
b) Runoff through this area shall be controlled by greating diversion swales to keep runoff from
the stable area from traveling off the property or into nearby rivers;
c) One (1) year after commencement of the 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 (50) foot buffer from areas that could be easily contaminated, such
as the river, 100-year flood plain and wetlands, will be implemented and 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 as
compared to land area available;
e) If concerns arise, the Aspcn/Pitkin Environmental Health Department reserves the right to
require water quality sampling at the owner's expense;
2. Prior to issuance of any building permits or use of the facility, the applicant shall provide proof to
the Aspen/Pitkin Environmental Health Department that proposed mitigation measures are
sufficient to offset increases in PM is and traffic caused by the project;
3. At least thirty (30) days prior to issuance of a building permit, the plans and specifications
complete with piping layout, equipment and mechanical specifications along with design
calculations, shall be submitted for review and approval by the Aspen/Pitkin Environmental
Health Department;
4. 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 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 Review for the Kids Stuff Foundation development proposal on Lot 5 of the
Stillwater Ranch Subdivision meets the standards of Section 26.68.040 of the Aspen Municipal Code and is
approved with the following conditions:
I. The applicant shall work with the Parks Department to design a fence around the stable with rail.
logs that are 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 (15)
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 building envelope;
3. If any 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 outdoor lighting will feature
down -directional and sharp cut-off fixtures:
4. A plat documenting the approved building envelope as related to surveyed information shall be
submitted to and approved by the Aspen Engineering Department. This plat shall include revised
site sections meeting the standard set forth by Section 26.68.040(B)(1 O), and shall be recorded
within 180 days of stream margin review approval;
111111111111HIM 111111111111111HIM 111111111III1111
4MB14 06/23/1087 11t46A ORDINANCE
10 of 11 R 56.00 D 0.00 N a.00 PITKIN COUNTY CLER
111111111111 HIS HIM IN 111111 HIS 111111111 III IN
4M614 06/23/1997 13149A ORDINANCE
11 of 11 R 56.00 D 0.00 H 0.00 PITKIN COUNTY CLER
5. 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 shall be considered conditions
of approval, unless otherwise amended by a Board/Commission having authority to do so.
E. Rezoning:
'hat a recommendation to approve the rezoning as requested by the applicant, provided the annexation
request is approved, is forwarded to the City Council. That is, the Commission recommends to Council
that the subject parcel be zoned Academic (Al on the upper bench, Conservation (C) on the lower bench,
and Specially Planned Area (SPA) overlaying the entire parcel, subject to both the dimensional
requirements adopted by Council through the approval of a Specially Planned Area and the parking
requirements adopted by the Commission through the approval, with two (2) conditions, ofthe 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 consolidation 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:
1. Minimum Lot Size: 6 acres
2. Minimum Lot Area Per Dwelling Unit: 1.5 acre per unit
3. Minimum Lot Width: 200 feet
4. Minimum Front Yard: 30 feet
5. Minimum Side Yard. 20 feet
6. Minimum Rear Yard: 20 feet
7. Maximum Height: 28' to the mid -point of the roof, as measured on all sides of the building,
except for the east elevation, which shall not exceed 32.5' to the mid -point.
8. Minimum Distance Between Principal and Accessory Buildings: No requirement, except that
required by building code.
9. Percent of Open Space Required for Building Site: 30 percent
10, External Floor Area Ratio: Floor area shall not exceed 14,000 square feet
11. Internal Floor Area Ratio: No requirement.
In addition, the Commission recommends that Council finds that the proposed SPA meets all applicable
standards (1-8) of Section 26.80.040(B) and.�ould be approved with the condition that an SPA plat
shall be approved by the Engineeriltg D4pArtu`teecorded within 180 days final SPA approval.
A.
G. General Provisions: f
1. That this Resolution shall not be ottfgt effst tive.yttl�sy'�afiA until the City Council approves the
Petition for Annexation by duly enadt!�?Ordlik4 ice,inrWing the subject property to the City of
Aspen.
2. All material representations made by the applin ,th is application and during public meetings
with the Planning and Zoning Commission shall b� ed to and shall be considered conditions
ofapproval, unless otherwise amended by a Boarot nission having authority to do so.
APPROVED by the Commission at its continued meeting on March 1 I, 1997.
Attest:
ckie Lothian, Deputy City Clerk
Planning and Zoning Commission: /
ara Garton, Chairperson
/y
Davis Horn -
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 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 Attachments 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 1 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 S GLENN HORN AICP
215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 •970/925-6587 • FAX: 970/925-5180
adavis@rof.net ghorn@robet
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 4124-2004 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 properly 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. 11 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)SPA; 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 restricted 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-
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 1: 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 97 "04 regarding City
approvals for the Silver Lining Ranch.
Sincerely,
DAVIS HORN INCORPORATED
N--
GLENN HORN AICP
-3-
ATTACHMENT_ J.
S377678 ILVIA DAVIS P-78PITKIN3CCOUNTYY4CLLERKP6 RECORDER REOCDOC
D0
RESOLUTION OF TEE BOAR OF COUNTY COMISSIONERB OF P2TXIN COUNTY,
COLORADO, GRANTING DL"PAILED AND FINAL PLAT APPROVAL TO THE
STILLWATER RANCH SUBDIVISION/PUD
Resolution 094-113
RECITAL8
1. Fabienne Benedict, (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 subject property is zoned AFR-2, PUD.
3. The property is located adjacent to and east of the City of
Aspen, southwest of Highway 82, more specifically described in
Exhibit "A", attached hereto.
4. The Planning and Zoning Commission reviewed this application
at their regularly scheduled public hearing on January 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
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
conditions.
8. The Planning and Zoning Commission reviewed this application
'777678 B-770 P-784 12/30/94 04:05P PG 2 OF 8
Resolution No. 94-0
Page 2
for Scenic Overlay requirements at a regularly scheduled public
hearing on November 29, 1994, and approved the Scenic Overlay
review subject to conditions by their Resolution No. PZ-94-15.
NOW, THERRYORS, BE IT RESOLVED by the Board of County
Commissioners that it hereby grants Detailed and Final Plat
approval to the applicant subject to the following conditions:
1. All utility extensions shall be located underground, and
appropriate easements shall be dedicated to the various public
and private utilities as may be required. All utility
extensions shall be located in the property's existing road
system to minimize site disturbance. If utility extensions
are proposed outside of approved road alignments, these
extensions shall be shown for review and approval at Detailed
Submission.
2. All development on Lots 1 through 5 shall be limited to
access roads, the individual driveways, utility extensions,
irrigation ditches, fences meeting Division of Wildlife
requirements and the building envelopes. No disturbance,
including vegetation removal, (unless required by the County
for fire protection) shall occur outside these areas.
Landscaping outside of building envelopes may be permitted
upon approval by the Planning Department.
3. The applicant shall dedicate a fishing easement along the
southerly bank of the river to include the river and five feet
of bank above the high water mark. A fishing easement shall
also be granted between the common boundary of the out parcel
377678 B-770 P-785 12/30/94 04:05P Ps 3 OF 8
Resolution Mo. 94 i1("17
Page 3 -7i
and Lot 6 and the centerline of the river. The applicant
shall work with the County to realign those portions of the
"winter" trail that are located within hazardous avalanche
zones, to the extent feasible.
4. All residences shall be connected to the Aspen Consolidated
Sanitation Districts (ACSD) main sewer line that runs through
the property. The owners of said lots shall pay the normal
connection fees, along with an additional prorated surcharge
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 sewage pumping system is necessary on any
parcel, a conventional septic tank shall pretreat effluent
prior to discharge into a pumping chamber, as recommended by
the Environmental Health Department.
5. The applicant shall make a contribution of $12,600 to the
County trails program 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 required 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
fire hydrants and water pressure prior to building permit
issuance.
8. The Applicant or owners shall provide one, above grade, low
Resolution No. 94-%
Page 4
income, one -bedroom affordable housing unit on each of the
five new lots within their designated building envelopes,
concurrently with the construction of each four -bedroom free
market unit. An appropriate deed restriction shall be
executed and filed with the Housing Office. The affordable
units shall meet or exceed Housing Office's minimum, net
livable area requirement for low income units, and shall be
deed restricted to the Category it income, price and occupancy
guidelines in effect at the time of issuance of a building
m permit. Planned Unit Development (PUD) approval is hereby
o granted to allow smaller lot sizes as necessary for the
4 provision of detached or attached affordable housing units on
cI s Lots 2 and 3.
V) 9. Dogs shall be kenneled or leashed at all times. Fencing shall
9
comply with Division of Wildlife standards, including a
maximum height of 42", four strands or less.
9 10. Prior to final plat recordation, the applicant shall supply
evidence of an adequate water supply.
11. The protective covenants for the Stillwater Ranch subdivision
a shall be revised to permanently restrict the use of the Open
s Space Parcel to agricultural uses and improvements, the
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w pasturing of horses and related uses and improvements, and
m such other open space uses and improvements as may be approved
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n from time to time by the Stillwater Ranch Homeowners
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Association, and the continuation of existing uses. The
covenants shall also prohibit further subdivision of the open
Space Parcel, although a lot line adjustment shall be
permitted between the Open Space Parcel and the Out Parcel if
County and landowner approval can be obtained.
Remolution xo. 94QB
Page
5
12.
On or before March 1, 1995, the applicant shall form a
Homeowners' Association comprised of the owners of the six (6)
lots in the Stillwater Ranch subdivision, 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 Fabienne Benedict and Fredric A. Benedict
for the rest of their lives.
13.
Removal of mature vegetation outside of any building envelope
on Lots 1 through 5 is prohibited except. as provided for in
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condition 2 above. Removal of mature trees within the
o
building envelopes shall require approval of a tree removal
plan by the Planning Office. Mature trees means any deciduous
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tree of six-inch caliper at diameter -breast -height or any
V)
evergreen taller than six feet in height.
6
14.
The northern boundary of the building envelope on Lot 1 shall
6
be relocated twenty (20) feet to the south to reduce potential
visual impacts. The applicant may relocate the eastern and/or
western boundaries of the building envelope so as to maintain
the size of the building envelope.
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a 15.
The building height on Lot 1 shall be limited to a maximum of
6
20 feet measured from existing grade or finished grade,
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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
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exceed 25 feet above existing or finished grade, whichever is
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lower.
16.
The building height on Lot 2 shall be limited to (i) a maximum
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Resolution No. 9a-,tg1
Page 6 ���777777
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 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 survey 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 procedures in effect at the time of a new
application.
18. The owner of Lot 1 shall submit a landscape plan for 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
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
Lots 1 and 2 (facing Highway 82). The architectural
"guidelines" shall be renamed to "requirements".
20. With the exception of one entrance light at the intersection
of Highway 82 and Stillwater Road, and one outdoor light for
the garage or home entrance (unless otherwise required by the
Uniform Building Code), access drive and landscape "accent"
lighting shall be prohibited on Lots 1 and 2. Low level
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Resolution NO. 94-n171
page 7 '''�'''''�'7777
walkway lighting, however, shall be allowed for safety
purposes. All exterior lighting shall comply with the
applicable requirements of the Pitkin County Land Use code.
21. Livestock grazing and livestock impounding 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 made by the applicant in the
application and public meetings shall be adhered to and
considered conditions of approval, unless otherwise amended
by other conditions.
APPROVED AND ADOPTED ON THE 20TH DAY OF DECEMBER, 1994.
AT EST
4(I rLAdA 15W
eJon s, Depark and Record,
APPROVED AS TO FORM:
Tim is tt,
Cou ty t rney
slw/fk.benedict.detailed.reso
BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO
m ickpt+ L C. rR6"-•auA
By:
AS airman
Date: 2.!qQ
APPROVED AS TO CONTENT:
^Suzanne Kopdhan,
County P1 nning Director
Exhibit "A"
PARCEL 1, STILLWATER RANCH PARCELS, according to the First Amended
Plat thereof racorded December 2, 1993 in Plat Book 33 at Page 34.
COUNTY OF PITKIN, STATE OF COLORADO.
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MmmmmAPR-12-2007 THU 12:50 PM HRHOFCOLORADO FAX NO, 7202003793
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h i L b r o g a l & h o b b spy
720 S. Colorado Blvd_, The Galleda, North Tower -- PH • Denver, Colorado 80246
(303) 722 7776•Fax (303) 722-0811
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P. 01
Date: �h-'-L62
vo:� 2iU rU From: Flo Acosta
Fax: &0 � / Fam 303-722-0B11
Pages ` Phone_ 303-765-1531
❑ Urgent ❑ For Review ❑ Please CorMFMA CJ Please Reply
. comets:
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❑ Response Requfred
❑ Hard Copy to Follow /
IF you have trouble receiving, or do not receive an pages, please contact us at
(303) 722rrn&
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LOT 5
LOT 6
LOT I,
OPEN SPACE PARCEL
STILLWATER RANCH SUBDIVISION/PUD
Stormwater Treatment Train
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ATTACHMENT
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REC DOC
ii7/16i94 1_:1op PG 1 OF ' ).00
3 r 192 E-, Pi P r'i RECORDER
F I TK.I N COUNTY CL=R4t: 9
SILVIA DAVIS Y COMMISSIONERS
A RESOLUTION OF THE BOARD OF COUNT
OF PITRIN COUNTY' COLORADO, GRANTING FIVE
GROWTH MANAGEMENT QUOTA SYSTEM ALLOTMENTS
TO THE BENEDICT STILLWATER RANCH SUBDIVISION
R68J1ntiOD #94-
REC_ ITALS
I. Fabienne Benedict, (hereafter
that the
eafter "Applicant" reque
grant excess
Board of County Commissioners, (hereafter "Board"),
Growth Management Quota System Allotments for the Benedict
Stillwater Ranch pursuant to section 5-510•3(a) of the Land use
Code. and adjacent to, the
2, The property is located southeast of,
City of Aspen (as described on Exhibit 'A' attached)•
application at their regular meeting on
3, The Board heard this aPp was presented
YY
and testimony
June 28, 1994, at which time evidence
regarding
this application. oals
4, The Board finds that this application furthers community g
employee housing, trails for Public use and
by providing a site for
significant open space.
the Board of County
NOW, THEREFORE, BE IT RESOLVED by Management
Commissioners that it hereby grants five (5) Growth
ant subject to the requirement
Quota System Allotments to the Applic
that the Applicant complete all further subdivision review
beginning with and including General Submission to the Board,
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a
,..
ROSOlution NO. 94-AZO
Paq• 2
APPROVED AND ADOPTED ON TEE 28TE DAY OF JUNE, 1994.
� BOARD OF COUNTYC�LORADO ONERS O
omm
PITKIN COUNTY,
' AT EST n r/
BY ----- Ch g� halZma,a
Robert C.
lie to1Jo es, Date:
Deputy Clerk and Recorder
i APPROVED AS TO CONTENT:
APPROVED AS TO FORM: 01��ti'a
i
KO cing
Planning Director
{ Tim t, County
county Atto
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4
1r - OF 3
372192 8-7T5 P-771 C7/19/94 12:19P PG 2
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502835
SILV[A DRVIS P
1
0/06!200of 4 3
rrKIN COUNTY Co 03.27r
R 0.00 D 0.00
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, GRANTING TIM,BELLOCK MAJOR PLAT AMENDMENT FOR LOT 4,;
STILLWATER RANCH SUBDIVISION
Resolution No./�y-2004 ATTACH TENT
Recitals
I- Charles Bellock "Applicant", hZIs applied fa the Pitkin County Board ofCotlnty Cownmissi[mers,
-130CC —, Ibr a Major flat ;1[nendiner, t to shill and enlarge the building envelope, create a
development envelope and amend a condition of approval that limits flour area on the lot to
allow for a day -lighted basement.
The lot is.located east of Aspen, and is more specifically described as Lot 4, Stillwater Ranch
Subdivision.
The Planning and Toning Commission heard this application at their regularly scheduled public
meeting on June 1, 2004, at which time they recommended approval by a vote of4-0.
The Board heard the request on I" reading at their regularly scheduled and duly noticed public
hearing o« July 28, 2004, at which time evidence and testimony were presented with resoect to
tills application. Second reading was held on August 1.1, 2004.
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:
l . The Applicant shall comply with the provisions of BOCC Resolution Nos. 94-132, 94-156, 94-
233 and 99-104ullless otherwise replaced or amended by the conditions of this approval.
?• The 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 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 ,hake a cash -in -
I ieii 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
frorn the original Subdivision approvals regarding the housing.
5. Prior to the issuance of a building permit, the Applicant shall submit a landscaping and grading plan
to Community Development for review and approval.
I 502835
Pageslution No.) ' -2004 Page: 2 of 2
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Pursuant to Ordinance No. 022-2000, the Applicants are subject to the Fair Share Requirements
and shall pay a road impact fee.
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.
Lighting shall comply with the Pitkirt County lighting standards at the time of installation.
q. The residence shall have a floor area limitation ot'8,600 square feet as calculated at time ol'building
permit, with 2,100 square feel of flour area located on the lower level. Lxempt sub -grade space
~hall be limited to 1,900 square feet as calculated at time of building permit, Iuid shall m1011tain a
permanent separation (wall) from non-exempt floor area, as depicted in Exhibit A. The lot shall
maintain a 750 square foot exemption from the calculation of floor ,area for a garage. The aggregate
square footage on the Lot shall not 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 PUIBLISHED IN THE ASPEN TIMES on the 28th day of Aine,
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 I Ith day of August,
2004
BOARD OF COUNTY COMMISSIONERS
OAFPIIJ/T/KJN COUNTY, COLORADO
At
Dorothea Farris
Chair
Date: p c�
APPROVED AS TO FORM APPROVED AS TO CONTENT:
John Ely, Cindy ouben,
County ey Community Development Director
Case #040-04
PID 9273718405004
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MEMORANDUM
TO: Pitkin County Board of County Commissioners
Regular Meeting— August 11, 2004
THRU: Cindy Houbenn,, Community ,611 Development Director
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
of 750 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 buy out 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 Subdivision/PUD
ZONING/LOT SIZE: The property is zoned AFR-2 and contains approximately 4.433 acres.
BACKGROUND: The BOCC voted 4-0 in favor of the 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 1 Unit at time of subdivision review (1994), phis 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 County Board of County Commissioners
Regular Meeting — July 28, 2004
THRU: Cindy Houbenn,, Community Development Director
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
of 750 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 buy out 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 Subdivision/PUD
ZONING/LOT SIZE: The property is zoned AFR-2 and contains approximately 4.433 acres.
BACKGROUND/EXISTING CONDITIONS: The property 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 Subdivision/PUD 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 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: "hi awarding allotments in any given year, the Board of
Memorandum: Bellock, Lot 4, otillwater Ranch Subdivision Major Plat Amendment
July 28, 2004
Page 2
County Conunissioners may authorize construction in excess of the maximum number of dwelling units
specified in Section 5-510.1(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 of the 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 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.
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,—illwater Ranch Subdivision Major Plat Amendment
July 28, 2004
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 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.ihe 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 this 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 1 st, 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 permit 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. Schaffner 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. Furthermore, 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, ztillwater Ranch Subdivision Major Plat Amendment
July 28, 2004
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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 building 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 landscape and grading plan at
building permit for review and approval to alleviate these concerns.�
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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 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 SHIFT:
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 of the
Subdivision would preclude the Applicant's request from creating a precedent, an&that by limiting the
overall square footage (including exempt below grade square footage) on the lot to 11,250 s . ft. would not
be of significant concern.
6.
EMPLOYEE HOUSING MITIGATION REQUIREMENT: � Z '11,
Staff concludes that Condition No. 8 of BOCC Resolution 94-233 (Detailed and Final Plat Approval),
which requires that a filly 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 1 Unit at time of
subdivision review (1994), phis adjusted CPI. If at the time of building permit submission the Code has
been amended regarding alternative mitigation. for previously approved deed restricted rental units, the
Applicant shall comply with the Code in effect at that time.
RECOMMENDATION: Planning and Zoning Commission recommend that the Board pass the following
motion, "to approve the Bellock Major Plat Amendment on 0 reading" subject to the following conditions,
and setting 2nd Reading for August 11, 2004."
Memorandum: Bellock, Lot 4, Stillwater 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
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.
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 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:
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 accord nce with Pitkin County Land Use Code
Sections 5-40 and 5-60-040. .--t, /'I
No development, including grading, excavation, fill placement, berming, landscaping, 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.
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 1 Unit at time of Final Plat Approval (1994), plus adjusted Denver/Boulder
CPI to the date of building permit submittal. ;L 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 Code'',
Resolution No. _-2004
Page 2
5. Prior to the issuance of a building permit, the Applicant shall submit a landscaping apd grading lan
to Connnunity Development for review and approval. Iqw\�_ s
6. Pursuant to Ordinance No. 022-2000, the Applicants are subject to the Fair Share 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.
Lighting shall comply with the Pitkin County lighting standards at the time of installation.
9. The residence shall have a floor area limitation of 8,600 square feet as calculated at time of building
permit, with 2,100 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 HEART G PUBLISHED IN THE ASPEN TI :IES 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 1 lth day of August,
2004
ATTEST:
Jeanette Jones
Deputy Clerk
APPROVED AS TO FORM:
John Ely,
County Attorney
Case #040-04
PID #273718405004
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Dorothea Farris
Chair
Date:
APPROVED AS TO CONTENT:
C nd Houben,
Community Development Director
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.
1.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 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 Bcundary,(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.
.ATTACH bpi N T 5
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
GRANTING APPROVAL FOR CONDITIONAL USES. IN THE.ACAD9MIC (A) AND
CONSERVATION (C) ZONE DISTRICTS; SPECIAL REVIEW OF PARKING REQUIREMENTS,
8040 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
CONCEPTUAL/FINAL SPECIALLY PLANNED AREA (SPA) DEVELOPMENT 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
hall in the Academi9 zone district and for a s_witnminjpool in. the C9nscrvation_zona district; Special
Review for parking requirements in the Academic zone district; 8040 Greenline Review; Stream Margin
Review; Rezoning; and, Conceptual/Final 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 Aspen
Municipal Code, parking requirements in the Academic zone district may be approved by the Planning and
Zoning Commission through Special Review; pursuant to Section 26.69.030 of the Aspen Municipal
Code, 8040 Greenline Reviews may be approved by the Planning and Zoning Commission; and pursuant
to Section 26.68.040 of the Aspen Municipal Code, Stream Margin Reviews may be approved by the
Planning and Zoning Commission; 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 regarding 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 Conceptual/Final
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 was legally noticed for a public hearing; and
WHEREAS, during the public hearing at a continued meeting 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 Greenline Review with conditions, and the Stream Margin Review with
conditions; and.
WHEREAS, during a public hearing at a continued meeting on March 1 1, 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 Conceptual/Final Specially Planned Area (SPA) Development Plan proposal.
NOW, THEREFORE BE IT RESOLVED by the Commission:
11111111111111111111111(III 11I111 IIIIII 11I 1111I 11111111
4e8014 "/23/1997 11i40A ORDINANCE
7 of 11 R 06.00 D 0.00 N 0.00 FITKIN COUNTY CLERK
A. Conditional Use:
That the Conditional Use for dormitory_ housing; a health care, facility and a dining hall_ in the_sgtadpmic 1 ( t
(A) zone district, and a swimming pool in the Conservation (C) zone district at Kids Stuff Foundation on
Lot 5 of the Stillwater Ranch Subdivision is approved with the following conditions:
Prior to the issuance of any building permits the applicant shall:
a) Install any new surface utilities requiring a pedestal or other above ground equipment on
an easement provided by the property owner and not within the public rights -of -way;
b) Locate any additional proposed construction in such 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 formed for the purpose of
constructing improvements in adjacent public rights -of -way; the agreement shall be executed
and recorded concurrently upon approval of this application;
d) Submit a "Site Improvement Survey" to the Engineering Department; - n
e) Indicate all utility meter locations and trash containment areas on final development
plans;
0 Ensure that the project meets all runoff design standards of Section 26.88.040(Cx4)(f)
with the building permit application, and provide a drainage report and mitigation plan signed
and stamped by an engineer registered in the State of Colorado;
g) Submit a permanent erosion control plan and a temporary sediment control plan and
containment plan for the construction phase; and
h) 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 these
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 lines, building footprint,
easements, any encroachments, entry points for utilities entering tha property boundaries and
any other improvements to the Aspen/Pitkin 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 permit:
b) Permit Community Development Department and Housing Office staff to inspect the
property to determine compliance with the conditions of approval;
c) Be required to sign a sidewalk, curb and gutter agreement with the City;
d) Increase the width of the access easement through the property to twenty (20) feet in
order to meet emergency access width requirements, and emergency access to the new building
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 dedicated fire 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 facilities. A minimum of two (2) weeks shall be necessary for the Department to
review and approve plans. Also, final approval from the Environmental Health Department is
required before opening for business, and prior to issuance of a Colorado Food Service License.
111111111111 HIS 111111111 HIM HIM 111111111111 IN
40W14 0S/Z3/19Y7 11t49A ORDINANC!
6 of 11 R Wee D e. ee N el . w PITKIN COUNTY CLERK
Also prior to issuance of any building permits, the applicant shall consult with City departments
regarding the following: y
a) City Engineering for design of improvements, including landscaping, within public
rights -of -way;
b) Parks Department for tree removal, landscaping, and selection of vegetative species, as
well as provisions for trail easements and fencing design;
c) City Streets Department for street improvements, and shall obtain permits for any work
or development, 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 permits, a review of any proposed minor changes from the
approvals, as set forth herein, shall be made by the Planning and Engineering Departments, or
referred back to the Planning and Zoning Commission.
5. One (1) year after the commencement of operation, an employment audit shall be conducted by
the Housing Department. The permanent staff units shall be deed restricted with priority for use
of these 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 the two -bedroom, lower -level unit).
6. Deliveries to the facility for all services (i.e., food, medical supplies, etc.) shall be limited 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 representations made by the applicant in this application and during public meetings
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.
B. Special Review:
That the Special Review for off-street parking requirements in the Academic (A) zone district at Kids Stuff
Foundation on Lot 5 of the Stillwater Ranch Subdivision requiring three (3) garaged parking spaces for
vans and ten outdoor parking spaces meets the standards of Section 26.64.040(B) of the Aspen Municipal
Code and is approved with the following conditions:
One (1) year after commencement of the facility's operation, a parking audit/study be conducted
by the applicant And submitted to the Community Development Department for review. If the
findings indicate that the provided parking 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(13) of the Municipal Code.
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 shall be considered conditions
of approval, unless otherwise amended by a Board/Commission having authority to do so.
C. 8040 GreenIin Review:
That the 8040 Greenline Review for the Kids Stuff Foundation development proposal on Lot 5 of the
Stillwater Ranch Subdivision meets the standards of Section 26,69.030 of the Aspen Municipal Code and is
approved with the following conditions:
11111111111111111111111 IIII 111111 HIM ill 11111 IIII IN
403014 66/23/1997 11t40A ORO1~N
of 11 R 3d.00 O 0.00 N 0.00 PITKIN COUNTY CLERK
1. Regarding the horse facilities:
a) Careful housekeeping and cleanup of all areas shall occur on a regular, daily basis;
b) Runoff through this area shall be controlled by prcating diversion swales to keep runoff from
the stable area from traveling off the property or into nearby rivers,
c) One (1) year after commencement of the 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 (50) foot buffer from areas that could be easily contaminated, such
as the river, 100-year flood plain and wetlands, will be implemented and 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 as
compared to land area available;
c) if concerns arise, the Aspen/Pitkin Environmental Health Department reserves the right to
require water quality sampling at the owner's expense;
2. Prior to issuance of any building permits or use of the facility, the applicant shall provide proof to
the Aspen/Pitkin Environmental Health Department that proposed mitigation measures are
sufficient to offset increases in PMi, and traffic caused by the project;
3. At least thirty (30) days prior to issuance of a building permit, the plans and specifications
complete with piping layout, equipment and mechanical specifications along with design
calculations, shall be submitted for review and approval by the Aspen/Pitkin Environmental
Health Department;
4. 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 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 Review for the Kids Stuff Foundation development proposal on Lot 5 of the
Stillwater Ranch Subdivision meets the standards of Section 26.68.040 of the Aspen Municipal Code and is
approved with the following conditions:
1. The applicant shall work with the Parks Department to design a fence around the stable with rail.
logs that are 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 (15)
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 building envelope;
3. If any 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 outdoor lighting will feature
down -directional and sharp cut-off fixtures.
4. A plat documenting the approved building envelope as related to surveyed information shall be
submitted to and approved by the Aspen Engineering Department. This plat shall include revised
site sections meeting the standard set forth by Section 26.68.040(B)(10), and shall be recorded
within 180 days of stream margin review approval;
11111111111111111111111 IN 111111111111111111111111111
40W14 10/23/2607 1st 4>oR ORDINiANC6
10 o1 11 R 56.00 D 0.00 N 0.00 PITKIN COUNTY CLER
111111111111111111111111111111111111111111111111 I11 IN
40M14 06/23/2997 11149A ORDINANCE
11 of 11 R 56.00 D 0.00 N 0.00 rITKIN COMM CLER
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 shall be considered conditions
of approval, unless otherwise amended by a Board/Commission having authority to do so.
E. Rezoning:
That a recommendation to approve the rezoning as requested by the applicant, provided the 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, Conservation (C) on the lower bench,
and Specially Planned Area (SPA) overlaying the entire parcel_ subject to both the dimensional
requirements adopted by Council through the approval of a 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 consolidation 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:
1. Minimum Lot Size: 6 acres
2. Minimum Lot Area Per Dwelling Unit: 1.5 acre per unit
3. Minimum Lot Width: 200 feet
4. Minimum Front Yard: 30 feet
5. Minimum Side Yard: 20 feet
6. Minimum Rear Yard: 20 feet
7. Maximum Height: 28' to the mid -point of the roof, as measured on all sides of the building,
except for the east elevation, which shall not exceed 32.5' to the mid -point.
8. Minimum Distance Between Principal and Accessory Buildings: No requirement, except that
required by building code.
9. Percent of Open Space Required for Building Site: 30 percent
10, _External Floor Area Ratio: Floor area shall not excepd_L4,Q40squarc_fect
1 l . Internal Floor Area—Ratio'"-"N Fee4uircm int.
In addition, the Commission recommends that Council finds that the proposed SPA meets all applicable
standards (1-8) of Section 26.80.040(B)jnd.. "Id'
approved with the condition that an SPA plat
shall be approved by the Engineerog F7gppt'tute Xecorded within 180 days final SPA approval.
G. General Provisions:
1. That this Resolution shall not becorft tive'.411 3y�ah until the City Council approves the
Petition for Annexation by duly enadle�l0rdit(4jice,%nrWing the subject property to the City of
Aspen.
2. All material representations made by the applit'eti tb is application and during public meetings
with the Planning and Zoning Commission shall b�d,$ed to and shall be considered conditions
of approval, unless otherwise amended by a Board/C'nimission having authority to do so.
APPROVED by the Commission at its continued meeting an March 11, 1997.
Attest:
kie Lothian, Deputy City Clerk
Planning and Zoning Commission:
are Garton, Chairpersso/n G y
7%G�v/�'7 / � ! T
1rr11111111 rllrrl lirrl lirr 11111r 111111111111111111 IN ,ATTACHMENT .6
406i14 W/23/1907 11:49A ORDINANCE
f of 11 R 58.00 D 0.00 N 0.00 PITKIN COUNTY CLERK on .
AN ORDINANCE OF THE CITY COUNCIL OF THE. CITY OF ASPEN, COLORADO, TO
APPROVE THE CONCEPTUAL/FINAL SPECIALLY PLANNED AREA (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. 1_, SERIES OF 1997
WHEREAS, the owner of Lot 5 of the Stillwater Runch Subdivision, Kids Stuff Foundation,
(hereafter "Applicant") submitted an application (hereafter "Plan") to the Community Development
Department to rezone to the Academic and Conservation zone districts and 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
26.100.050(Cx2)(ax(3)) of the Aspen Municipal Code; and
WHEREAS, Lot 5 of the Stillwater Subdivision contains Vproximntely 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 and January 13, 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 the Aspen Municipal Code and did
conduct public hearings thereon on March 4, 1997 and March 11, 1997; and
WHEREAS, upon review and consideration of the Plan, agency and public comment thereon, and
those applicable standards 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(B) (Development in` a Specially Planned
111111111111111111111111111111111111111111111111111 IN
408814 0ifi/Z3/1097 11.40A ORDINANCE
Z of 11 R 56.00 D 0.00 N 0.00 PITKIN COUNTY 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 Planning and Zoning Commission further granted
Special 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, 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 recommendations
and approvals as granted by the Planning and Zoning Comm fission 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 a unique institution which
enhances our community, and that designating_the_prcperty_as_a, -speciapv Planned Area_benefts_the �i_ty,'s
residents and visitors by allowing flexibility to.aQcommodatethe. variety_of proposed uses;_acld
WIIEREAS, the City Council finds that the proposed uses at the upper pe-n h_(described as "The
West Part of Lot 5" in Exhibit "A") of Lot 5 of the Stillwater Ranch Subdivision are consistent with the
purpose of the Academic zone district "to establish lands for education and cultural activities with attendant
research, 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 5" in Exhibit "A") of Lot 5 of the Stillwater Ranch -Subdivision are consistent with the
purpose -of dw—Conseryation-zone digtrigt"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
111111111111 HIS 11111 IN 111111 HIM 111111111111 IN
4MG14 08/23/1997 12 i 49A ORDINANCE
3 of 11 R 30.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
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 minimal
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)) of the Municipal Code; and
WHEREAS, 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 Chapter 26 of the
Municipal Code.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section I Pursuant to Section 26.92.020 (Standards of Review) of the Aspen Municipal Code, the City
Council finds as follows in regard to the proposed map amendments:
1. The proposed amendments are not in conflict 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.
Section 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 5 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, described in Exhibit "A"
as "The East Part of Lot 5," to the Conservation zone district with a Specially Planned Area (SPA) Overlay.
The legal description is attached as Exhibit "A."
11111011111111111111111111111111 HIS 1111111111111111
105014 06/23/1997 11.494 ORDINANCE
4 of 11 R 56.00 0 0.00 N 0.00 FITKIN COUNTY CLERK
Section 3: Pursuant to Section 26A 00.050(C)(2)(a)((3)) of the Aspen Municipal Code, the Kids. Stuff
Foundation is hereby granted a GMQS Exemption as a nonprol it entity qua lit'ying as an essential public
facility.
acetion 4: Pursuant to the findings set forth in Section i above, the City C:ouncil'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 to the following conditions:
I . 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 final development plan.
2. The final development plan, which shall consist of the site plan of the entire 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 Couniy Clerk aiid ecordar, and shall be
binding upbff the property owners subject to the development older, tj)ciLs, Qc ss rs and assigns,
and shall constitute the dovelopinenT-regulations For 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 development plan and SPA agreement. Failure on the part of the applicant to record
the final development plan and SPA agreement within a period of one hundrod and eighty (180)
days following its approval by City Council shall render the plan invalid. Reconsideration 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 recorded prior to submission of any building permits for the
proposed housing units.
4. All conditions imposed by the Planning and Zoning Commission's March 1 1, 1997 Conditional
Use, Special Review, 8040 Greenline, 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 been finally annexed into
the City of Aspen.
6. All material representations made by the applicant in the application and during public hearings
shall be adhered to and considered conditions of approval, unless otherwise amended.
Section 5: 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
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40�3614 0!!/23/ 1997 11 a 49P ORDINANCE
9 of 11 R 56.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
Section 6: If any section, 5ubsec6011, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of eornrwtunt jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not at}ect the validity of the remaining portions
thereof.
Section 7: A public hearing on the Ordinance was held on the 141h day of April, 1997, at 5.00 p.m. in the
City Council Chambers. Aspen City Hall, Aspen Colorado, Iifteen (15) days prior to which hearing a public
notice of the same wnz published in a newspaper of guncrul circulation within the City of Aspen.
Section 8: This Ordinance shall not become eflbctive unless and until die City Council approves the
Petition for Annexation by duly cnacled Ordinance annexing the subject property to the City of Aspen.
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO CONTENT:
Community Development Director
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the, _ day of �l_a 4 6A , 1997.
•`mot
..
..
A"gtt
l
Kathryn S.36ch, City'Clerk
John nnett, Mayor
i` FINALLY adopted, passed and approved this /T day o 1997.
i. John Bea nett, Mayor
I L Attest:
i "Kathryn S. K City Clerk
• ! �ORPINFt�1C>s hbtt, ly9 t
3- 1 d-1997 Q : O I F IJ FR0I.1 PAPER CHASE/PAGES 97096.38700 �-�' A•
Alpino Surveys, Inc.
Post Office faux 1730
Aspen. COlorado 81612
970 925 2668
� EXN16
I Hill 1111111111111111 IN 111111111111111111111111 IN
4WO14 06/23/1007 11:4901 ORDINANCE
6 of 11 R 56.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
MARCH 14, 1997
JOB NO. 97-1 KIDS STUFF FOUNDATION
LEGAL DESCRIPTIONS 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., PITRIN COUNTY, COLORADO MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING.'.: AT 'YTHE . WEST , CORNER ' OF SAID LOT 51
THENCE SOUTH 84'01'42" EAST 199.73 FEET;
THENCE NORTH 0'9924'26" EAST 417.59 FEET;
THENCE SOUTH 89013'19" EAST 28.00 FEET;
THENCE SOUTH 51015'00" EAST 65_00 FEET;
THENCE SOUTH 36'30'00" EAST 132-26 FEET;
THENCE SOUTH 327.32 FEET;
THENCE NORTH 77015100" WEST 90.00 FEET;
THENCE SOUTH 18'47'00" WEST 246.66 FEET;
THENCE NORTH 30014'46" WEST 192.41 FEET1
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 48903'50" WEST 114.80
FEET;
THENCE NORTH 550451001, WEST 45.46 FEET;
THENCE NORTH 52022'39" WEST 46-93 FEET TO THE POINT
OF BEGINNING;
CONTAINING 2.562 ACRES, MORE OR LESS.
DESCRIPTION OF THE EAST PART OF LOT 5
THE EAST PART OF LOT 5, STILLWATER RANCH SUBDIVISION/
P.U.D., PITKIN COUNTY, COLORADO MORE PARTICULARLY
DESCRIBED AS FOLLOWSr
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 51
THENCE SOUTH 00.09'36" WEST 168.98 FEET;
THENCE SOUTH 32027'17" EAST 73.71 FEET;
JAN,16.2007 2:OOPM OATES KNEZEVICH GARDENSWARTZ
NO.9248 P. 2
LAW OFFICES OF
OATES, KNEZEVICH, GARDENSWARTZ & KELLY, P.C.
PRORESSIONAL CORPORATION
THIRD FLOOR, ASPEN PLAZA BU>LDING
533 E, MOPKRJ5 AVENUE
LEONARD M. OATES ASPCN. COLORADO, 81611
RICHARO A KNCZEVICH
TED D. GARDENSWARTZ
DAV ID S. KELLY
MARIA MORROW
OP COUNSEL.
JOHN T KELLY
ANNE MAR1E MCPHEE
Januaty 16, 2007
Little Star Foundation
c/o Andrea Jaeger, Director
405 Rancho Milagro Way
Hesperus, CO 81326-8752
Be.- Lot 5 Stillwater Ranch
Dear Ms. Jaeger:
TELEPHONE (970) 920-1700
FACSIMILE (970) 920-i 17.1
AEk@okgl—.—m
Va FACSIMILE
(970) 588-3786
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 return to single family zoning, the new owner of Lot 5 would be
entitled to vote as a member of the Association pursuant to the terms of the Protective Covenants.
Please feel free to contact me with any g4estions.
Sincerely,
OATES, KNEZEVICH, G.A,RDEN5wARTz & KELLY, P.C.
B5Z�/-Z-
John T. Kelly for David B. Kelly
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Alpine Surveys. Inc.
Poet Oftke Boa 1730
aspen. Cobr 8'6"
303 925 2588
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