HomeMy WebLinkAboutpublication.date.01232005 - Land Use/- �-�'�" �
310 East Main Street, Aspen, Colorado 81611 �( � c1 ,'�
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PROOF OF PUBLICATION �'���
STATE OF COLORADO }
} ss.
COUNTY OF PITKIN }
I, Jenna Weatherred do solemnly swear that I am PUBLISH-
ER of the ASPEN TIMES WEEKLY; that the same is a week-
ly newspaper printed, in whole or in part, and published in the
County of PITKIN, State of Colorado and has a general circu-
lation therein; that said newspaper has been published con-
iinuously anci uninterruptedly in said Couniy of Pitkin for a
period of more than fifty-two consecutive weeks next prior to
the first publication of the annexed legal notice or advertise-
ment; that said newspaper has been admitted to the United
States mails as second-class matter under the provisions of
the Act of March 3, 1879, or any amendments thereof, and
i!iat said newspaper is a weekly newspaper duly qualified for
publishing legal notices and advertisements within the mean-
ir,g bf the laws of the State of Colorado.
That the annexed legal notice or advertisement was published
ir� tt�e regular and entire iss:�e of every number of said week-
ly newspaper for the period of __(___ consecutive insertions;
and that the first publication of said notice was in the issue of
said newspaperdated ;7�� L3_.A•D., 20 (S� , and
the last publication of said notice was in the issue of said
newspaper dated � aav Z.3A. D. 20 _�_ •
In witness whereof I have hereunto set my hand.
Pubtisher
Subscribed and sworn tc� before me, a notary public in and for
i!�e Gounty of Pitkin, State of Colorado, this �_ day of
��. A.D., 20 Q.� •
(SEAL)
Notary Public
My Commission expires �p -pb-ofo
m
�SSZZ3�z
t��'� ��3
3
space for each bedroom wi[hin the pe�wei�a4
�e�eeex�ix-Nie caretaker unit, and the odncioal
�asidence sh�l comolv with the oazklnq reauUe-
me,nts at,time of b�ildina oermit submlttal..
3. The applicant shall, by deed restdction or oth-
er permanent commltment running with the land,
guarantee that the caretaker unit shall not be re-
quired to be rented; not be sold or otherwise
conveyed or separated from the origlnal parcel
regardless ot the.ultimate form of ownership of
the caretaker unit; be Ilmited to occupancy by
not more than two (2) adults, and related chil-
dren, who qualify as (and have been found by the
Housing Authority to be) employees of the com-
munity under such guidelines as may be from
time to time established by said authority; be
rented for terms not less than six (6) months if
rented. The caretaker dwelling may be occupied
by members ot the immediate family even though
they may not quali(y as employees of the com-
munity. "Immediate Famlly" shall mean a person
related by blood or marriage who is a tirst wusin
(or closer relative) and his or her children.
4. The caretaker dwelling unit restriction may be
removed by the property owner upon approval of
the Community Development Director, subject to
the requirement that the dwelling is removed or
modi[ied. If modifled, the remaining improvr
ments must no. longer be capable of occupancy
as a dwelling unit and must meet otherwise appli-
cable Code requirements.
Jeane[[e Jones
Deputy County Clerk
Published in The Aspen Times Weekly on January
23, 2005. (2312/2313)
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PUBLIC NOTICE
NOTICE IS HEREBY GNEN TO THE GENERAL
PUBLIC OF THE FOLLOWING MATTERS OF IN-
TEREST REGARDING THE PITKIN COUNTY
BOARD OF COUNTY COMMISSIONERS:
• Unless otherwise notified all regular and spe-
cial meetings will be held in the Board of County
Commissioners, Plaza One Conference Room,
530 E Main St, Aspen
• All items begin at 2:00 p.m., or as soon there-
after as the conduct of business allows.
• Copies of the full text of any resolution(s) and
ordinance(s) referred to are available during
regular business hours (8:30 - 4:30) in the Clerk
and Recorder's office, 530 East Main Street, Suite
101, Aspen, Colorado 81611
NOTICE OF FINAL ADOPTIONS AT THE
FOLLOWING DULY-NOTICED PUBLIC
HEARINGS BEFORE THE BOARD OF
COUNTY COMMISSIONERS:
The following Ordinances Adopted on January
12, 2005:
• Ordinance Amending the Pitkin County Code
Section 6.16.080 - Commercial Waste Haulers -
Notice of Violation - Removal - Assessment of
Costs
• Ordinance Amending the Standard of Conduct
REQUFST FOR PROPOSAL:
REQUEST FOR PROPOSALS TO PROVIDE
CONSTRUCTION FOR LIME KILNS
STABILIZATION PROJECT
THOMASVILLE, COLOR4D0
Pitkin County is accepting proposals ro provide
Construction for the Lime Kilns Stabilization
Project, Thomasville, Colorado, CDOT Project
No. STE C570-010, Project Code 14039, located at
approximately mile marker 27 on Frying Pan
Road. The work includes, but is not limited to
Stabilization ot two historic lime kilns. DBE
Goals: The DBE Goals for this work are estab-
lished at 0.0 percent of the Contract. Davis Ba-
con: Davis-Bacon wage rates are not required for
this contract. Proposer must by qualified Histor-
ic Preservation or equivalent to be considered.
More detailed information may be obtained by
contacting: Renee, Pitkin County Public Works 76
Service Center Road, Aspen CO 81611, (970) 920-
5390 or email reneehQci.aspeaco.us. Mandato-
ry Pre-bid conference to be held on February 7,
2005 at I L00 am, bcal time. Proposal due at L00
p.m., bcal time, on February 28, 2005.
This notice was pubiished on January 9, 16 and
�e �Q05. �
Jeane[te Jones
� Deputy County Clerk
Published in The Aspen Times Weekly on Janu-
ary 23, 2005. (2311)
PUBLIC NOTICE
Of
DEVELOPMENT APPROVAL
Notice is hereby given to the general public
o( the approval of a site specific development
plan, and the creation of a vested property right
pursuan[ [o the Land Use Code of the City of As-
pen and Title 24, Article 68, Colorado Revised
Statutes, pertaining to the following described
property: 631 W. Bleeker Street, Lot B, Nevitt His-
toric Lbt Split, City and Townsite ot Aspen, also
known as the east I/2 of Lot B, and all oE Lot C,
Block 24, City and Townsite of Aspen, Colorado,
through a Resolution of the Aspen Historic Pres-
ervation Commission numbered 1, Series o( 2005.
The approval is for a new house to be construct-
ed on a parcel created through a historic land-
mark lot split.
Por further information contact Chris Bendon,
Community Development Director, at the Aspen/
Pitkin Community Development Dept, 1'3U S. Ga-
lena St, Aspen, Colorado (970) 920.5090.
City of Aspen
Published in The Aspen Times on January 23,
2005. (231'�
PUBLIC NOTICE
ORDINANCE N0. 3
(SERIES OF 2005)
AlV ORDINANCE OF THE ASPEIV CITY COUNCIL
REZONING 1201 RIVERSIDE DRIVE TO THE R-6
(MEDIUM-DENSITY RESIDENTIAL} ZONE
DISTRICT, LOTS 69 AND A PORTION OF THE
ALLEY, BLOCK 24, RIVERSIDE ADDITION TO THE
CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2737-181-00-024
WHEREAS, the CommuniTy Development
Department received an application irom Dale
Hower, requesting to rezone 1201 Riverside Drive
Uom the R-]5 (moderatedensiTy residential)
zone disVict to [he R-6 (medium-density residen-
tial) zone district; and,
WHEREAS, upon review of the application,
the applicable code standards, [he Community
Developmen[ Department recommended appro-
val tor the proposed rezoning application; and,
WHEREAS, the Aspen Planning and Zoning
Commission has reviewed and considered the de-
velopment proposal under the applicable provi-
sions of the Municipal Code as identified herei�;
and,
WHEREAS, during a duly noticed public
hearing on December 7, 2004, the Planning and
Zoning Commission approved Resolution No. 19,
Series of 2004, by a seven to zero (7-0) vote, rec-
ommending that City Council rezone the proper-
ty at 1201 Riverside Drive to the R�'i (medium-
density residential) zone district; and,
WHEREAS, the Aspen City Council has re-
viewed and considered the development propos-
al under the applicable provisions of the M�nici-
pal Code as identified herein, has reviewed and
considered the recommendation of the Planning
and Zoning Commission, the Community Devel-
opment Director, the applicable referral agencies,
and has taken and considered public comment at
a public hearing; and,
WHEREAS, during a duly noticed public
hearing on February 14, 2005, the Aspen City
Council approved Ordinance No. _, Series ot
2005, by a_ to _(_ � vote, rezoning Ihe
property a[ 1201 Riverside Drive to the R-6 (medi-
um�ensity residential) zone district; and,
WHEREAS, the City Council finds that the
development proposal meets or exceeds all appli-
cable development standards and that the appro-
val of the development proposal, with conditions,
is consis[ent wi[h the goals and elements of the
Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this
Ordinance furthers and is necessary for the pro-
motion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO THAT:
Section I:
Pursuant to the procedures and standards set
(orth in Land Use Section 26.310, Amendments to
the Land Use Code and Official Zone District Map,
City Council hereby rezones the property located
at 1201 Riverside Drive to the R-6 (medium<lensi-
ty residential) zone disCrict.
Section 2:
This Ordinance shall not effect any existing litiga
tion and shall no[ operate as an abatement of any
action or proceeding now pending under or by
virtue of [he ordinances repealed or amended as
herein provided, and the same shall be construed
and concluded under such prior ordinances.
Sectlon 3:
I[ any sec[ion, subsection, sentence, clause,
phrase, or portion of this Ordinance is for any
reason held imalid or uncons[itutional in a court
of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent pro-
vision and shall not affect the validity of the re
maining portions [hereot.
Sectlon 4:
A public hearing on the ordinance was held on
the 14th day of February, 2005, in the City Coun-
cil Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUB-
LISHED as provided by law, by the City Council of
the City of Aspen on the lOth day of January,
2005.
Helen Kalin Klanderud, Mayor
At[est:
Kathryn S. Koch, City Clerk
Published in The Aspen Times Weekly on January
23, 2005. (2298)
Sunday, January 23, 2005 • Aspen Times Weekly Public Notice � J
PUBUC NOTICE
RE: 1201 RIVERSIDE DR[VE REZONING
NOTICE IS HEREBY GNEN that a public
hearing will be held on Monday, February 14,
2005 at a meeting to begin at 5:00 p.m. before the
Aspen City Council, City Council Chambers, 130
S. Galena St., Aspeq to consider an application
submitted by Dale Hower to rezone the property
located at 1201 Riverside Drive hom the R-IS
Zone District to the R-6 Zone District. The pro�r
erty subject to the application is legally descri-
bed as Lots G9, and a portion of the alley of Block
24, Riverside Addition to the City and Townsite of
Aspen.
For further information, wntact James Lindt at
the City of Aspen Community Development D�
partment, 130 S. Galena St., Aspen, CO3 (970) 429-
2763, jamesl@ci.aspen.co.us.
s/Helen Kalin Klanderud, Mayor
Aspen City Council
Published in The Aspen Times on January 23,
2005. (2316)
PUBLIC NOTICE
PLEASE TAKE NOTICE that Roaring Fork I,
LLC, has filed a Petition with the Basalt Water
Conservancy District requesting the inclusion in-
to said District of the following described lands
located in the County of Pitkin, State of Colorado,
to wit
PARCEL A:
The part of the Southwest Quarter of the Nor[h-
west Quarter of Section 7, Township 10 South,
Range 84 West of the Sixth Principal Meridian, de-
scribed as (ollows:
Beginning at the Northwest Corner of said South-
west Quarter of the Northwest Quarter [hence S
28`14' E 753.26 feet, more or less, to the Westerly
right of way line of the Denver and Rio Grande
Western Railroad and the TRUE POINT OF BEGIN-
NING;
thence S 80°26' W 97.01 feet;
theuce N 68°06' W 17025 feet;
thence S 71°58' W 125.65 feet, more or less, to the
West line of said Sou[hwest Quacter of the North-
west Quarter,
thence Southerly along <aid West line, 183.13
feet, more or less to [he Northerty corner of prop-
erty described in Book 189 at Page 325 of the Pit-
kin County records;
thence S 74`32'20" E 262.49 feet,
thence S 76'25'04" E 193.01 feet, more or less, to
the Westerly right of way line of the Denver and
Rio Gra��de Western Railroad;
thence Northwesterly along said right of way line
297.6 Eeet, more or less, ro the TRUE POINT OF
BEGINNING.
PARCEL B:
A parcel of land situated in the Southwest One-
Quarter of the Northwest One-Quarter of Section
7, Township 10 South, Range 84 West of the Sixth
Principal Meridian, Pitkin County, Colorado, and
being more fully described as follows:
Beginning at a poin[ on the centerline of the Roar-
ing Fork River whence the West One-Quarter of
said Section 7 bears S 00' 13'00" W 428.72 feet;
thence S 74°32'20" E 262.49 (eet;
thence S 76°25'04" E 207.69 feet, more or less, to
the point of Intersection with the Westedy right
of way line of the Denver and Rio Grande Rail-
road;
thence S O8°00'00" E 22.00 teet along said Wester-
ly right of way li�ie;
thence N SS'56'30" W 418.14 feet, more or less, to
the point of intersection with the centerline of
said Roaring Fork River;
thence N 27'30'00" W 32.60 feet along said center-
line;
thence N 13'26'00" W]06.82 (eet along said cen-
terline [o the point of beginning.
PARCEL C:
A tract of land being part of the Southeast Quar-
ter o( the NorCheast Quarter of Section 12, Town-
ship 10 South, Range 85 West of the Sixth Princi-
pal Meridian, described as follows:
Beginning at a point whence th East Quarter
Corner of said Scction 12 bears S�i `13' W 428.72
feet; -
thence N 0'13' W 183.13 feet,
thence S 71°58' W 74.35 (eet to the center of the
Roaring Fork River;
the��ce along said center S 23`37' E 243.3U feet to
the point o( beginning.
TOGETHER WITH an easement for ingress and
egress as set forth in Ordinance No. 39, Series of
1987, recorded October 30, 1987 in Book 549 at
Page 659 and Access Easement recorded Febru-
ary 27, 1990 in Book 614 at Page 910.
Said Petition shall be heard at the regular
meeting of [he Board of Directors of said Distric[
on February S, 2005, at 7 o'clock P.M. at the
Comfor[ Inn & Suites, 920 Cowen Dr., Carbon-
dale, Colorado, when and where all persons in-
terested shall appear and show cause, in writing,
why said Petition should not be granted. The [ail-
ure of any person to tile a written objection shall
be taken as an assent to the inclusion of the
above described lands within the District. Writ-
[en objections may be filed in advance of said
meeting by mailing or delivery to the Basalt Wa-
ter Conservancy District at 302 Eighth S[reet,
Suite 310, Glenwood Springs, Colorado 81601.
BASALT WATER CONSERVANCY DISTRICT
By: /s/ Barbara Mick
Barbara Mick - Secretary
Published in The Aspen Times Weekly on January
l6, 23, 30, February 6, 2005. (2297)
PUBLIC NOTICE
RE: STAGE ROAD SUBDIVISION/PLANNED UNIT
DEVELOPMENT
NOTICE IS HEREBY GNEN that a public
hearing will be heid on Monday, February 14,
2005, at a meeting to begin at 5:00 p.m. before the
Aspen City Council, Council Chambers, City Hall,
130 S. Galena SL, Aspen, to consider an applica-
tion submitted by Bar/X Ranch LLC requesting
approval of Subdivision, Planned Unit Develop-
ment, Rezoning, Specialty Planned Area, Growth
Management Quota System Exemptions, and
Vested Rights, and related land use requests to
develop twelve (12) free market units, twelve (12)
accessory dwelling units, one (1) Ranch Manag-
er's dwelling one (1) cabin, and the ability to in-
crease the size of the four (4) existing structures
on the Fathering Parcel, the development ot pri-
vate roads and ancillary improvements. The
property subject to the application is commoniy
known as the Bar/X Ranch property and is locat-
ed just east of Deer Hill. The legal description
and map of the property subject to this applica-
tion is available at [he City of Aspen Community
Development.
For further information, contact Joyce Allgaier at
[he City of Aspen Community Development De-
partment, 130 S. Galena St., Aspen, CO3 (970) 429-
2754, joycea@ci.aspen.co.us.
s/Helen Kalin Klanderud, Mayor
Aspen City Council
Published in The Aspen Times on January 23,
2005.(2319)
PUBLIC NOTICE
HOLY CROSS ENERGY, a Colorado corporation, is
the recipient of Federal financial assistance from
the Rural Utilities Service and is subject to the
provisions of Title VI of the Civil Rights Act of
1964, as amended, Section 504 of the Rehabilita-
tion Act of 1973, as amended, the Age Discrimina-
[ion Act of 1975, as amended, and [he rules and
regulations of the U.S. Department of Agriculture
which provide that no person in the United
States on the basis of race, color, national origin,
age, or handicap shall be excluded from partici-
pation in, admission or access to, denied the ben-
efits of, or otherwise be subjected to discrimina-
tion under any of this organization's programs or
activities.
The person responsible for coordinating
this organization's nondiscrimination cempliance
eftorts is ROBERT H. GARDNER, GENERAL MAN-
AGER — SUPPORT SERVICES. Any individual, or
specific class of individuals, who feels that this
organization has subjected them to discrimina-
tion may obtain further information about the
statu[es and regulations listed above from and/or
(ile a written complaint with this organization; or
!hE �Secretary, U.S. Department of Agriculture,
Washington, D.C. 20250; or [he AdminisVator, Ru-
ral Utilities Service, Washington, D.C. 20250. Com-
plaints must be filed within 180 days after the al-
leged discrimination. Confidentiality will be main-
tained to the extent possible.
Published in The Aspen Times Weekly on January
23, 2005. (2257)
PUBLIC NOTICE
RE: 701 W. MAIN STREET — DEMOLITION,
RELOCATION AND VARIANCES �
NOTICE IS HEREBY GNEN that a public hearing
will be held on Wednesday, February 9, 2005 at a
meeting ro begin at 5:00 p.m. before the Aspen
Historic Preservation Commission, City Council
Chambers, City Hall, 130 S. Galena St, Aspen, to
consider an application submitted by Marshall
and Susan Olsen, affecting the property located
at 701 W. Main S[reet, Lots H and I, less the west-
erly 2.35 feet ot Lot H, Block 19, City and Town-
site of Aspen. HPC is asked to grant approval to
demolish a portion of the existing cabin and to
relocate it on the site. The application includes
the following variance requests for the relocated
cabi¢ an east side yard setback variance of up to
5 feet and a tront yard setback variance of up to 5
feet.
For [arther in(ormation, contact Amy Guthrie at
the City of Aspen Community Development De-
partment, 130 S. Galena St, Aspen, CO3 (9Y0) 429-
2758, amyg@ci.aspen.co.us.
s/Jeffrey Halferty
Chair, Aspen Hisroric Preservation Commission
Published in The Aspen Times on January 23,
2005. (2320)
PUBLIC NOTICE
RE: 114 NEALE AVENUE — MAJOR HPC DEVEL-
OPMENT (FINAL) AIVD RESIDENTIAL DESIGN
STANDARDS VARIANCE �
NOTICE IS HEREBY GIVEN that a public
hearing will be held on Wednesday, February 9,
2005 at a meeting to begin at 5:00 p.m, before the
Aspen Historic Preserva[ion Commission, City
Council Chambers, City Hall, 130 S. Galena St, As-
pen, to consider an application submitted by
Alice Brian, represented by John Muir Architects,
affecting the property located at 114 Neale Ave-
nue, Lot 2 of the 114 Neale/17 Queen Street His-
toric Landmark Lot Split, City ot Aspen, Colorado.
HPC is asked to approve the design for a new
house and Accessory Dwelling Unit on a vacant
parcel. A variance is requested from the "Resi-
dential Design Standards" related to windows.
For further information, contact Amy Guthrie at
the City of Aspen Community Development De-
partment, 130 S. Galena SL, Aspen, CO3 (970) 429-
2758, amyg@ci.aspen.co.us.
s/Jeffrey Halferty
Chair, Aspen Historic Preservation Commission
Published in The Aspen Times on January 23,
2005. (2314)
PUBLIC NOTICE
RE: APPEAL OF LAND USE CODE INTER-
PRETATION: LAND USE CODE SECTION
26.710180(C)(5), OFFICE ZONE DISTRICT CONDI-
TIONAL USE FOR COMMERCIAL PARKING LOT
LANGUAGE
NOTICE IS HEREBY GIVEN that a public meeting
will be held on Monday, February 14, 2005 at a
meeting to begin at S:OfI p.m. before the Aspen
City Council, City Council Chambers, 130 S. Gale-
na St., Aspen, to consider an appeal of a land use
code interpretation submitted by the 7U0 E. Hy-
man Condominium Association. The land use
code interpretation being appealed rela[es to the
language set forth in Land Use Code Section
26.710.180(C)(S), Office Zone District Conditional
use for commercial parking lot.
For further information, contact James Lindt at
[he City of Aspen Community Development De-
partment, 130 S. Galena SL, Aspen, CQ (970) 429-
2763, jamesl@ci.aspen.co.us.
s/Helen Kalin Klanderud, Mayor
Aspen City Council
Published in The Aspen Times on January 23,
2005. (2318)
PUBLIC NOTICE
RE: REQUEST FOR SETBACK VARIANCE FOR 122
EASTWOOD DRIVE
NOTICE IS HEREBY GNEN that a public
hearing will be held on Thursday, February 3,
2005 at a meeting to begin at 4:00 p.m. before the
Aspen Board of Adjustment, City Council Cham-
bers, 130 S. Galena St., Aspen, to consider an ap-
plication submitted by Lorraine Mack requesting
a thirty (30) foot front yard setback variance tor
the construction of a garage at 122 Eastwood
Drive.
For further information, contact Sarah Oates at
the City of Aspen Community Development De-
partment, 130 S. Galena SG, Aspen, CQ (970) 429-
2767, saraho@ci.aspen.co.us.
s/Rick Head
Chair, Aspen Board ot Adjustment
Published in The Aspen Times on January 23,
2005. (2315)
PUBLIC NOTICE
NOTICE TO CREDITORS
Estate of Elizabeth Heather Hopton, aka Elizabeth
Heatherington Hopton, aka Heather Wilson Hop-
ton, aka Heather Hopton, aka Elizabe[h Hopton,
Deceased
Case No. 04 PR 34
All persons having claims against the
above-named estate are required to present them
[o the personal representative or to the District
Court of Pitkin County, Colorado on or before
May 16, `1005, or the claims may be forever bar-
red.
Charles Hopton, Personal Representative
c/o Holland & Hart LLP
P.O. Box 8749
Demer, CO 80201-8749
Published in The Aspen Times Weekly on January
16, 23, 30, 2005. (2286)
PUBLIC NOTICE
Invitation to Bid
The Aspen Consolidated Sanitation District
is accepting bids for the replacement ot clarifier #
2 assembly at the wastewater treatment plant at
400 Service Center Drive, Aspen Colo. All inter-
ested parties may contact John Anderson or Tra-
cy Dillingham at the treatment plant for docu-
ments and drawinqs or to view the projecL All
bids must be in by 12:00 noon Pebruary 4, 2005 at
400 Service Center Drive, Aspen CO 81611.
For appointment to view, please contact John An-
derson at 970.9257262 ext. 11.
Published in The Aspen Times Weekty on January
23, 30, 2005. (2310)
PUBLIC NOTICE
NOTICE IS HEREBY GNEN TO THE GENER4L
PUBLIC OF THE FOLLOWING MATTERS OF IN-
TEREST REGARDINC THE PITKIN COUNTY
BOARD OF COUNTY COMMISSIONERS:
• Unless o[herwise noti(ied all regular and spe-
cial meetings will be held in the Board of County
Commissioners, Plaza One Conference Room. 530
E Main S[, Aspen
• All items begin at 2:00 p.m., or as soon therr
after as the conduct of business allows.
• Copies of the full te� of any resolution(� an21
ordinance(s) reterred to are available during reg-
ular business hours (8:30 - 4:30) in the Clerk and
Recorder's office, 530 East Main Street, Suite 101,
Aspeq Colorado 81611
NOTICE OF UPWMING PUBLIC HEARIIVGS
BEFORE THE BOARD OF
COUNTY COMMLSS[ONERS:
The following Resolutions on February 23, 2005
• Resolution regarding an application sCek-
ing Subdivision Conceptual Submission and I041
Hazard Review to resubdivide 4 parcels, includ-
ing lot line adjustmen[s and establishing building
envelopes. The properties are located on Little
Woody Creek Road and are legally described as
follows:
• Fox Ranch Subdivision Ezemption, Par-
cel A(Charles & Caroline Wyly) (State Parcel ID
2643-101Al-006)
• Fox Ranch Subdivision Exemption, Par-
cel B(Lambda Ltd.) (State Parcel ID 2643-101-01-
021)
• Sachs Woody Creek Exemption, Govern-
ment Lots i, 8, 13, and 14, in Section 10, Town-
ship 9 Soath, Range 85 West of the 6th P.M. (Little
Woody, LLC) (State Parcel ID 2643101-02-002).
• Woody Creek Road aka Scott Brothers
� Public Notice
�
Road, in�Section 10, Township 9 South, Range 8:
West of the 6th P.M. (Woody Creek Road Corpo�
ration) (State Parcel ID 2643030-00-0O1
The application/ resolution are available for pub
lic inspection in the Community Development De�
paztment, City Hall, 130 S. Galena SL, Aspen CC
81611. For further information, contact Ezra Lou�
this at (970) 920.5092.
Sunday, January 23, 2005 • Aspen Times Weekly
• Resolution regarding an application by Moun-
tain Queen, Inc., for Special Review for an Acces-
sory Structure with Bathinq Facilities, to convert
existing space in the old garage into detached
bedrooms. The property is located at 44556
Highway 82 and is legally described as a part of
Lot 1S in the NW 1/4 of Section 29, Township 20
South, Range 84 West of the 6th P.M. (Case POOS
OS) The application/ resolution are available for
public inspection in the Community Development
Department, City Hall, 130 S. Galena St., Aspen
CO 81611. For further intorma[ion, contac[ Su-
zanne Wolff az (970) 920-5093.
Md the following Ordinance(s):
• ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORA-
D0, REPEALING AND RE-ENACTING SECTIONS 9-
116-030, 9-110-042, AND 9-I10-051, INCENTNE
FOR DEVELOPMENT UTILIZING TRANSFERABLE
DEVELOPMENT RIGHTS ("TDRs")
Ordinance No. - 2005
RECITALS
1. Ken and Betty Moore and LPV Properties ("AP
plicants") have applied to the Roard of County
Commissioners of Pitkin County, Colorado
("BOCC") for an amendment to Land Use Code
Section 9-110-042, Incentive for Development Uti-
lizing Transferable Development Rights ("TDRs").
The Applicants are requesting to allow parcels lo-
cated wi[hin Fully Developed Land Subdivisions
(FDLSs) that were approved prior to June 27,
1959, to utilize TDRs for additional square foot-
age above 5,750 sq. ft. up to 15,000 sq. h. throogh
Special Review.
2. The Planning and Zoning Commission re-
viewed the amendment to Section 9-i1fF042, In-
centive tor Development Utilizing Transferable
Development Rights ("TDRs") at a regulady
scheduled meeting on January 4, 2005, and voted
4-0 to approve the request.
3. The BOCC considered the amendment at a du-
ly noticed public hearing on first reading Febru-
ary 23, 2005, and will approve the amendment on
second reading at a regular meeting on March 9,
2005.
4. The BOCC finds that the amendments to Sec-
tions 9-ll0-030, 9-110-042, and 9-110-051, Incen-
tive for Development Utilizing Transferable De-
velopment Rights ("TDRs"), of the Code are ap-
propriate.
NOW, THEREFORE, BE IT ORDAINED by
the Pitkin County Board of County Commission-
ers that it hereby amends Section 9-110-042, In-
centive for Development Utilizing Transferable
Development Rights ("TDRs°) of the Pitkin Coun-
ty Code, the Land Use Code, as follows:
11. REPEAL AND REENACT LAND USE CODE SUB-
SECTION 9-110.03Q RURAL AREA GROWTH MAN-
ACEMENT INCENTNES AND EXEMPTIONS - GEN-
ERAL DESCRIPTION
9-110.030 Ge�eral Description of Rural Area
Growth Management Incentives and Exemptions
The following table contains a list of the incen-
tives and exemptions available from Growth Man-
agement within the Rural Area and the applicable
Code sec[ion:
Code Incentive/ Deacripdon of
Sectlon EicempUon Incendve/
Facemptlon
§g114041
Incentive
Incentive for deed re-
stricted dwelling units:
Deed Restricted Cate-
gory 1-4 Sale Affordable Housirg or Publicly
owned Category 1-0 Atfordable Housing
Resident Occupied
Deed Restric[ed Sale Units or Yublicly owned
Resident Occupied Units
Deed Restricted Care-
taker Dwelling U��its
Affordable Housing
Preservation Zone units
§9-110-042 aud see § 3310
�- Incentive
Incentive [or Develop-
ment Utilizing Transferable Development Rights
("TDRs'�:
Growth Management
Exemption For New Dwelling Units
Gruwth Management
Exemption For Additional Floor Area For Exist-
ing Development
Growth Management
Gxemption to Exceed 15,000 Sy�are F'eet of fluor
area
§9-] 10-043
Incentive
Incentive for Preserva-
tion o( Historic Structures:
One Additional Single-Family Unit Limited to
5,750 Square Feet of floor area on a Parcel/
Lot which Contains an Historic Dwelling Unit
§9-170-044
Incentive
Incentive for Large
Lots (RS160 Lots or 500+ Acre Lots)
One single-family unit up to 15,000 square feet
of floor area on RS-160 parcels/lots or
pazcels/ lots greater than 500 acres
§9-I10-045
Incentive
Incentive for Parceis
created in the Low Impact Residential Zone Dis-
trict Pursuant to the PUD Option
§9-110-051
Exemption
Facemption for One
Large-Sized Single-Family Unit up to 5,750
Square teet of Floor Area on:
Lots Located in a Subdivision, Low Impact Sub-
division of Lot Split Approved by the County
Prior to June 19, 2000
Pre-1989 Fully Developed Land Subdivision Ex-
emotion Parcels
Parcels Legally Created and Configured Prior to
June 12, 1978
Thirty-Five or More Acre Parcels Created Prior
to January 10, 2000, and Located in the Crystal
River or Frying Pan Areas
§9-114(152
Exemption
Exemption for Remod-
els, Smaller Additions and Replacement Units:
Unlimited remodels (no increase in f:oor azea
allowed)
One Replacement o( a Single-Family Unit Limit-
ed to the larger of the Floor Area of the Original
Structure or the large-sized unit exemption
(5,750 square feet of floor area), if applicable
Replacement of additional structures limi[ed to
the floor area of the replaced structure and the
original building tootprint, unless special review
approval is obtained
Additions up to 1000 square feet of floor area
§9-110-053
Exemption
Exemption for Essen-
tial Community Facilities
§9-110-054
Exemption
ExempTion for Creation
ot Open Space Parcels and Creation of Parcels
for Conveyance to Public Entities for Public
Purposes
§9-110-055
Esemption
Exemption for Existing
CDU/ EDU Improvements
III. REPEAL AND REENACT LAND USE CODE SUB-
SECTION 4110-042, RURAL AREA GROWTH MAN-
AGEMENT INCENTIVE FOR DEVELOPMENT LTI-
LIZING TRANSFERABLE DEVELOPMENT RIGHTS
9-ll0-042 Incentive for Development Utilizing
Tra�sferable Development Rights ("TDRs")
The transfer ot development rights (CDRs) from
preservation sites located in the Rural/Remote
Zone District may provide an exemption from
Growth Management subject to compliance with
section 3-310. The review process shall be as fol-
lows:
A. New Dwelling Units. TDRs may provide an ex-
emption trom Growth Management for new dwell-
ing units as provided in Section 3310, subject to
a one-step special review process.
S. Additional Floor Area for CounTy Approved
Subdivisions, Low Impact Subdivisions and Lot
Splits. Additional floor area up to fifteen thou-
sand (15,000) square feet in County approved
suUdivisions, low impact subdivisions and lot
splits may be exempted from Growth Manage-
ment without special review through the utiliza-
tion of TDRs as provided in Section 3310. The un-
ly approval required shall be a Certificate of Ex-
emp[ion as provided in Subsection 9-150-21.
C. Additional Floor Area for Pre-197S Parcels �nd
Pre-1989 Fulty Developed Land Subdivision Ex-
emotion Parcels. Additional floor area up to fif-
teen thousand (15,000) square feet on �e-19iS
may be exempted
from Growth Management through the utilization
of TDRs as provided in Section 3310, subject to a
one-step special review process. The one-step
special review shali be conducYed by the Hearing
Officer, or, i( additional land use approvals are re-
quired, the lowest reviewing body conducting the
other review.
D. .4DDITIONAL FLOOR ARE4 IN EXCESS OF
IS,000 SQUARE FEET ADDITIONAL FLOOR AREA
IN EXCESS OP FIFTEEN THOUSAND (15,000)
S(�UARE FEET MAY BE FXEMPTF.D FROM
GROWTH MANAQEM8N9' IF ALLOWED IN 'I'HE
UNDERLY(NG ZONE DISTRICT THROUGH 'PHE
UTILI7.ATION OF TDRS AS PROVIDED IN 5F.CTION
3-3(0, SUBJECT TO A ONE-STF,P S?F',CIAI, REVIEW
PROCESS_
G. Additional Floor Area for Properties with De-
velopment Rights Approved Through Growth
Management Additional floor area up to fif[een
thousand (15,000) square feet for properties with
development rights that have been awarded Case
square footage allotments through the County's
growth management scoring and competition
procedures may be exempt from Growth Manage-
ment through the utilization of TDRs as provided
in Section 3310, subject to a one-step special re-
view process and limited to the maacimum square
footage specified in the growth management
competition. One-step special review shall be
conducted by the Hearing Ofticer, or, if additional
land use approvals are required, the lowest re-
viewing body conducting the other review. (Ord.
021-200Q Att. A: Ord. 0232000, Att. A)
1. Dwelling Units Limited in Size. Subject ro all
other required development approvals, the sin-
gle-famity unit shall be limi[ed to a five thousand,
seven hundred fifty (5,750) square feet of floor
area exemption. An existing dwelling unit shall be
permitted to �expand [o the larger of tive thou-
sand, seven hundred fifTy (5,750) square teet of
floor area as provided in this section, or by one
thousand (1,000) square feet as provided in Sub-
section 9-110-052(C).
2. Additions Disallowed for Five Years After Cer-
ti[icate of Occupancy. The addition exemption of
Subsection 9-110-052(C) shall be prohibited for
[ive (5) years atter the issuance o( the certificate
of occupancy for the dwelling unit created
V. Repeal and Reenact Land Use Code Sub-Seo- through this exemption, except for additions uti-
tion 9-110.051, Rural Area Growth Management ��z�ng transferable development rights to obtain
Exemption [or One LargrSized Single-Family an exemption from Growth Management or the
Dwelling Unit award of allotments through Growth Manage-
ment.
9-110-051 Exemption for One Large-Sized Single-
Family Dwelling Unit for: Board-approved Subdi-
visions, Low Impact Subdivisions or Lot Splits;
Pr�19S9 Fullv Develooed Land Subdivision Ex-
emption Parcels; Pre-1978 Parcels; and Thirty-
Five or More Acre Parcels Created Prior to Janu-
ary 10, 2000 and Located Within the Crystal River
or F'rying Pan Areas
A Growth Management exemption is provided for
large single-family dwelling units for: subdivi-
sions, low impact subdivisions or Iot splits ap-
proved by the Board of County Commissioners;
pre-1989 fully developed land subdivision exem�
tion oarcels aooroved bv the Board of Countv
Commissioners: parcels legally created and con-
figured before June 12, 1978; and thirty-(ive (35)
or more acre parcels created prior to January 1Q
2000 and located within the Crystal Riveror Fry-
ing Pan areas as follows:
A. Exemption For Oce Single-Family Dwelling
Unit on Any Parcel Which Was Legally Created
Betore June 12, 1978. The construction of one sin-
gle-family dwelling unit o� a parcel, legalty creat-
ed betore June 12, 1978, may be exempted from
Grow[h Management. This exemp[ion is subject
to [he (ollowing:
1. Dwelling Units Limited in Size. Subject to all
other required development approvals, the sin-
gle-(amily dwelling unit exempted trom Growth
Management shall be limi[ed to a five thousand,
seven hundred fifty (5,750) square feet of floor
area exemption. M existing dwelling unit shall be
permitted to expand to the larger of five thou-
sand, seven hundred fifty (5,750) square feet of
floor area as provided in this section, or by one
thousand (I,000) square fee[ as provided in Sub
section 9-I10.052(C).
2. Oce Singie-Family Dwelling Unit Exempted. M
improved pre-1978 parcel may be allowed one
single-family dwelling unit exempt from Growth
Management, notwithstanding the improvement
of the parcel with any o[her structures other
than free market dwelling units. If there is an ex-
isting free market single-family dwelling unit on
the parcel, the unit may be replaced subject to
eompliance with Subsection 9-110-052(D).
3. Additions Disallowed for Five Years After Cer-
tificate of Occupancy. The addition exemp[ion of
Subsection 9-110-052(C) shall be prohibited for
five (5) years after the issuance of the certificate
of occupancy for the dwelling unit crea[ed
through this exemption, except for additions uti-
lizing transterable development rights to obtain
an exemption from Growth Management or the
award of alloUnents through Growth Manage-
ment.
4. Total Floor Area Reserved. A single-family
dwelling unit constructed pursuant to this incen-
tive wi[h less than five thousand, seven hundred
fifty (5,750) square feet shall be entitled to the to-
tal floor area of five thousand, seven hundred fif-
ty(5,750) square (eet for any tuture development.
The construction of additional floor area up to
five thousand, seven hundred fi(ty (5,750) square
teet shail not be considered an addition subject
to the five-year rule set forth in Subsection 9-110-
OSl(A)(3).
5. Governmental Lands Unqualitied. Lands
owned or controlled by any governmental entity
or division on or before June 12, 197$ do not
qualify tor this exemptioa -
6. "Fathering Parcel" Retains Exemption Even if
Reconiigured After June 12, 1975. M original "fa-
thering parcel" which was legally configured as of
7une 12, 197$ retains une Growth Management
exemption subject to the limitations of this seo-
tion, notwithstanding any reconfiguration of the
parcel after 7une 12, 1978. The exemption shall be
granted to the parcel which seeks the exemption
first in time, or designated in the subdivision or
division o( the original fathering parcel.
B. Growth Management Exemption For
One Sin�le-Family Dwelling Unit on a Lot in a Sub-
division, Low Impact Subdivision or Lot Spli[ ap-
proved by the 6oard Prior to .lune 19, 2000, or
Pra1989 Fully Developed Lxnd Subdivision Ex-
emption Parcels. The construction o( one single-
[amily dwelling tmit on � Iot in a subdivision, low
impact subdivision nr, lot split or ��re-1989 folly
devetoped lancl subdivision exemption parcel ap-
proved by the Buard prior to J�ne 19. 2000, may
be exempYed from Growth Management scoring
and compztitiou, as follows�.
3. Total Floor Area Reserved. A single-famity
dwelling unit constructed pursuant to this incen-
tive with less than five thousand, seven hundred
fitty (5,750) square teet shall be entitled to the to-
tal floor area of five thousand, seven hundred fif-
ty(5,750) square feet for any future development.
The construction of additional floor area up to
five thousand, seven hundred fifty (5,750) square
feet shall not be considered an addition subject
to the five-year rule set forth in Subsection 9-110-
051(B)(2).
C. Exemption For One Single-Family Dwelling
Unit on a Thirty-Five or More Acre Parcel Created
Prior to January 10, 2000 and Located Within the
Crystal River or Frying Pan Areas. The conshuc-
tion of one singlrfamily dwelling unit on a parcel
of at least thirty-five (35) acres, legally created
before January 1Q 2000, and located within the
Crystal River or �rying Pan Areas may be exempt-
ed from Growth Management. This exemption is
subject to the following:
1. Dwelling Units Limited in Size. Subject to all
other required development approvals, the sin-
gle-tamily dwelling unit exemp[ed irom Grow[h
Management shall be limited to a five thousand,
seven hundred fifty (5,750) square teet of floor
area exemption. An existing dwelling �nit shall be
permitted to expand to the larger ot five thou-
sand, seven hundred fifty (5,750) square Feet of
floor area as provided in this section, or by one
thousand (1,000) square feet as provided in Sub-
section 9-110-052(C).
2. One SingleFamily Dwelling Unit Esempted. M
improved parcel may be allowed one single-fami-
ly dwelling unit exempt from Growth Manage-
ment, notwithstanding the improvement ot the
parcel with any other structures other than free
market dwelling units. It there is an existing iree
market single-family dwelling unit on the parcel,
the unit may be replaced subjec[ to compliance
with Subsection 9-I10-052(D).
3. Additions Disallowed (or Five Years After Cer-
tificate of Occupancy. The addition exemption of
Subsection 9-I10-052(C) shall be prohibited for
five (5) years after the issuance of the certificate
of occupancy for the dwelling unit created
through this exemption. except for additions uti-
lizing transferable development rights to obtain
an exemption irom Growth Management or the
award of allotments through Growth Manage-
ment.
4. Total Floor Area Reserved. A single-family
dwelling unit construc[ed pursuant to this incen-
tive with less than tive thousand, seven hundred
fifty (5,750) square teet shall be entitled to the to-
tal floor area of five thousand, seven hundred fif-
ty (5,750) square feet tor any future development.
The construction of addi[ional floor area up to
five thousand, seven hundred fifty (5,750) square
feet shall not be considered an addition subject
to the five-year rule set forth in Subsection 9-110-
osi��c���. �ord. oz�-zooa, ntc. A�
IVOTICE OF FlNAL ADOPTIONS AT THE
FOLLOWING DULY-NOTICED PUBLIC
HEARINGS BEFORE THE BOARD OF
WUNTY COMMISSIONERS: suant ro[he procedures of Sect�on 4-00, mpy per-
The following Ordinances adopted on January 12, mit Caretaker• Dwelling Units up to :'--'��
2005 �--f�� one thousand (10001 net livable
square feet ,
• Ordinance-Adopting an Amendment to the Pit- �r� ,n �c ^ Oe �n ��� ��c ,� ����� �lots or
kin County Code Section 6.16.OR0 - Commercial �rcels that are 30.000 so. it. or ereater in lot
Waste Hauler� No[ice of Violation - Removal- As- � unless there is a timely objection pursuant
sessment ot Costs to Subsection 5-80-010(J) in which the Board may
approve or deny. The Community Development
• Ordinance Amendi�g the Standard of Conduct Director may permit Caretaker Dwelling Ur.its up
to �49FI�seven hundred (7001 net
• ORDINANCE OF THE BOARD OF COUNTY ��vable square feet
COMMISSIONERS OF PITKIN COUNTY, COLORA- ���� �-� "" � � n , .._� :, �. _ .__ .,:_._:_... �
D0, REPEALING AND RE-ENACTING SECTION 3- �ots or oarcels that are less [han 30 000 so. ft. in
150.130, CARETpKER DWELLING UNITS lot area.
OrdinanceNo. -2005 +� unless there is a timely objection pursuant
— to Subsection 5£t0-010(J) in which the Board may
REGTALS approve or deny. All such units may be a!tached
ro, or withiq the principal dwelling; within a
property approved ouibuilding, or detuched. All
such units may be approved under the following
conditions and limitations:
then 3Q000 square feet, the maacimum net livable
square footage for CDUs will total 700 square
feet.
2. The Planning and Zoning Commission re-
viewed the amendment to Section 3-150-13Q
Caretaker Dwelling Units (CDIn, at a regulady
scheduled meeting on December 7, 2004, and voF
ed 3-0 to approve the request.
3. The BOCC considered the amendment at a du-
Iy noticed public hearing on first reading Febru-
ary 23, 2005, and will approve the amendment on
second reading at a regular meeting on March 9,
2005.
5. The BOCC finds tha[ the amendments ro Sec-
tion 3150-130, Caretaker Dwelling Units (CDI�, of
the Code is appropriate.
NOW, THERF.FORE, BE IT ORDAINED by
the Pitkin County Board of County Commission-
ers that it hereby amends Section 3150-13Q Care-
taker Dwelling Units (CDIn of the Pitkin County
Code, the Land Use Code, as follows:
Repeal and re-enact Section 3-150.130 as follows:
The Community Development Director may
approve Caretaker Dwelling Units in accordance
with this Sectian and the special review stand-
ards o( Section 3210, the procedures in Sections
430 and 4-00 and submission requirements in
Section SidO.
A. The Community Development Director, pur-
suant to the procedures of Section 43Q may per-
mit one Caretaker Dwelling Unit attached to a sio-
gle-family home ("principal dwelling") on any lot
or parcel of land which conforms to the minimum
lot area requirements within the R-6, R-15, R-30,
AFR-2, AFR-10, RS-2Q RS30 and RS-160 zone dis-
tricts under the following conditions and limita-
tions:
1. Attached caretaker units shall not exceed sev-
en hundred (700) one thousand (1000) net livable
square feet on lots or parcels [hat are 3Q000 sq.
ft. or greater in lot area, except that caretaker
units in the R-6 and R-15 zones on bts or parcels
that are less [han 30,000 sq. ft. in lot area shall tre
limited to four hundred (400) seven hundred
(700) net livable square feet.
2. The Floor area of the caretaker unit shall be in-
cluded in the total allowed floor area for [he lot
or parcel of land.
3. There shall be provided one off-sheet parking
space for each bedroom in the caretaker unit,
and the principal residence shall comply with the
parking requiremeuts at time of building permit
submi[tal.
4. The applfcant shall by deed restriction or oth-
er permanent commitment running with the land.
guarantee that the caretaker unit shall not be re-
quired to be rented; not be sold or otherwise
conveyed or separated from the original parcel
regardless of the ultimate form of ownership of
the caretaker unit; be limited to occupancy by
❑ot more than two ('L) adults, and related chil-
dren, who qualify as (and have been found by the
Housing O[fice to be) employees of the communi-
ty under such guidelines as may from time to
time be established by said authority; be ren[ed
for terms not less than six (6) months iF rented.
The Caretaker Dwelling Unit may be occupied by
members of the immediate family even though
they may not qualify as employees of the com-
munity. '9mmediate Family" shall mean a person
related by blood or marriage who is a first cousin
(or closer relative) and his or her children.
5. The Caretaker Dwelling Unit restriction may
be removed by the property owner upon appro-
val of the Community Development Director, sub
ject to the requfrement that the dwellin� is re-
moved or modified. If modified, the remaining im-
provements must no longer be capable of occu-
pancy as a dwelling unit and mus[ meet other-
wise applicable Code requirements.
B. The Community Development DirectdY, p,�r-
2. Michael Lipkin ("Applicant") has applied to the
6oard of County Commissioners of Pitkin County,
Colorado (`BOCC") (or an amendment to Land
Use Code Section 3-15U-13(1, Caretaker Dwelling
Units (CllU). The Applicant is requesting that
CDUs be allowed to have a maxinmm net livable
square footage of 1000 sq. ft. within the metro
area for parcels with a lot area of 30,000 sqoare
feet or greater. For parcels with a lut area of less
1. The floor area of the caretaker unit shall be iu-
cluded in the tofal ailowed (loor area for the lot
or parcel of land.
`l. 'Phere shall be provided oue nff-strcet parking