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HomeMy WebLinkAboutLand Use Case.39551 Hwy 82.0045.2014.ASLUAAv--v, _19551 HIGHWAY 82 0045.20 j'+.ASLU' -' 'UD AMENDMENT 273511109001 C3 THE CITY OF ASPEN FILE I OF 3 City of Aspen Community Development Department CASE NUMBER 0045.2014.ASLU PARCEL ID NUMBERS 27351109001 PROJECTS ADDRESS 39551 HWY 82 PLANNER JESSICA GARROW CASE DESCRIPTION PUD AMENDMENT REPRESENTATIVE STEVE BARWICK DATE OF FINAL ACTION 9.3.14 CLOSED BY ANGELA SCOREY ON: 9.3.14 pmaj I I% Z73511k 09 004.- -- 2!oo'7 A-51-14 File Edit 3ecord Uavigate Form Reports Format Tab Help [' U I Valuation I Custom Fields I Actions Feed Parcels Fee Summary I Sub Permits Attachments Routing Status I Routin g Permit Type aslu --Aspen Land Use Permit * 0045.2009.ASLU -- Address 139551 HIGHWAY 82 i Apt/Suite a_ City JASPEN State CO Zip 81611 Permit Information Master Permit Routing Queue Faslu07 Project Status Pending Description PUD AMENDMENT FOR 1495 HOMESTAKE CASE - GOLF NETTING TO BE INSTALLED ON CITY PROPERTY - ASPEN GOLF COURSE LOT 1 Submitted STEVE BARWICK Owner r Last Name ICITY OF ASPEN Phone Owner Is Applicant? Applicant Clock Running Days F 0 Applied 07 f 21 j2009 Approved—� Issued �— Final F—� Expires 07116j2010 First Name IGOLF COURSE 130 5 GALENA ST ASPEN CO 81611 J Last Name CITY OF ASPEN � First Name GOLF COURSE l lII Phone I Cust # 27095 III Lender Last Name First Name Phone F aAJC4A61 , NO (-ef, 130 S GALENA ST i ASPEN CO 81611 AspenGold(b) — Record: RECEPTION#: 610810, 06/04/2014 at 11:04:07 AM, 1 OF 9, R $51.00 Doc Code Al OVAL Janice K. Vos Caudill, Pitkin County, CO NOTICE OF APPROVAL For An Insubstantial Amendment to the Aspen Golf Course Planned Unit Development (PUD), Lot 1, Aspen Golf Course, City of Aspen, Pitkin County, Colorado, commonly known as 39551 Highway 82, Aspen, CO 81611 Parcel ID No. 2735-111-09-001 APPLICANT: City of Aspen SUBJECT OF AMENDMENT: PUD Amendment for the Aspen Golf Course in accordance with City Council Resolution 36, Series of 2009 permitting a portion of a golf fence at 1495 Homestake Drive to be constructed on the Golf Course. SUMMARY: The City of Aspen has applied for an Insubstantial PUD Amendment to allow a portion of a private golf fence to be constructed on City property in accordance with City Council Resolution 36, Series of 2009. The Resolution approved a fourteen (14) foot tall golf netting fence for the property located at 1495 Homestake, and outlined portions of the fence that were to be constructed on the City of Aspen Golf Course. REVIEW PROCEDURE: The Community Development Department may approve, approve with conditions, or deny an insubstantial amendment to an approved PUD pursuant to Land Use Code Section 26.445.100, Planned Unit Development (PUD). STAFF EVALUATION: In order to amend a specific provision of the ordinance that approved the PUD originally, a PUD Amendment must be approved. Staff has reviewed the proposed amendment and finds that the proposed amendment meets the criteria for an insubstantial amendment pursuant to Section 26.445.100, Amendment of a PUD Development Order. Staff recommends approval of the proposed golf fence location. DECISION: The Community Development Director finds the Insubstantial Planned Unit Development Amendment to be consistent with the review criteria (Exhibit A) and thereby, APPROVES the amendment as specified below. The approved amendment to the Aspen Golf Course PUD allows for a fourteen foot golf net fence to be erected on a portion of the golf course property, as outlined in City Council Resolution 36, Series of 2009 (Exhibit B). APPROV t : Chris Bendon Community Development Director Z Date Attachments: Exhibit A — Review Criteria/Checklist Exhibit B — City Council Resolution 36, Series of' 2009 EXHIBIT A Insubstantial PUD Amendment Checklist 26.445.100 Review Criteria All insubstantial PUD Amendments shall meet the following criteria, pursuant to Section 26.445.100, Amendment to PUD Development Order: ❑ The proposed amendment does not change the use or character of the development. Staff Finding: The proposed amendment will not impact the use or character of the development. This fence is smaller in size and height than the other golf fences on the property. The fence is consistent with regular golf operations. Stafffinds this criterion to be met. ❑ The proposed amendment does not increase by greater than three (3) percent the overall coverage of structures on the land. Staff Finding: The proposed amendment will not increase the coverage of structures on the land. Stafffinds this criterion to be met. ❑ The proposed amendment does not substantially increases trip generation rates of the proposed development, or the demand for public facilities. Staff Finding: The proposed amendment will impact the trip generation rates of the development. Stafffinds this criterion to be met. ❑ The proposed amendment does not decrease the approved open space by greater than three (3) percent. Staff Finding: The proposed amendment will not decrease the open space of the development. Stafffinds this criterion to be met. ❑ The proposed amendment does not reduce the off street parking and loading space by greater than one (1) percent. Staff Finding: The proposed amendment will not impact the parking futilities at the development. Stafffinds this criterion to be met. ❑ The proposed amendment does not reduce required pavement widths or rights -of- way for streets and easements. Staff Finding: The proposed amendment will impact the pavement widths or right-of-way for streets and easements. Stafffinds this criterion to be met. ❑ The proposed amendment does not increase the approved gross leasable floor area of commercial building by greater than two (2) percent. Staff Finding: The proposed amendment will not impact floor area. Staff finds this criterion to be met. ❑ The proposed amendment does not increase the approved residential density of the development by greater than one (1) percent. Staff Finding: The proposed amendment will not impact density. Staff finds this criterion to be met. ❑ The proposed amendment will not enact a change which is inconsistent with a condition or representation of the project' s original approval or which requires granting a variation from the project' s approved use or dimensional requirements. Staff Finding: The proposed amendment is consistent with the project's original approval and does not require changes to the approved dimensional requirements. Staff finds this criterion to be met. r,cYnbrt3 RESOLUTION NO. 36, (SERIES OF 2009) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A VARIANCE FOR A FOURTEEN FOOT FENCE MADE OF GOLF NETTING FOR THE PROPERTY LOCATED AT 1495 HOMESTAKE DRIVE CITY OF ASPEN, PITKIN COUNTY, COLORADO AND AUTHORIZING A LICENSE AGREEMENT FOR A PORTION OF THE FENCE TO ENCROACH ON CITY PROPERTY. Parcel ID: 2735-024-030-03 WHEREAS, the Community Development Department received an application Pardue of from Philip Pine, represented of a variance torguson and allow a fourteen foot fence madeGarfield of golf Hecht P.C, requesting approval netting; and, WHEREAS, pursuant to Section 26.314, the City Council may approve a Variance, during a duly noticed public hearing after considering a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, upon review of the application and the applicable of the standards, the Community Development Department recommended approval requested variance with conditions; and, WHEREAS, during a duly noticed public hearing on June 8, 2009 and continued to June 22, 2009, the City Council approved Resolution No. 36, Series of 2009, by a four to zero (4 — 0) vote, approving a Variance; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified ement Dh e ein, has the reviewed and considered the recommendation the Community P applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Resolution No 36, Series 2009 Page 1 of 3 Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves a variance to permit a fourteen foot high fence made of golf netting be constructed on the property. The fence shall only be erected when the Aspen Municipal Golf Course is running golf operations. Section 2: Fence Location & Material The fence shall be located at the base of an existing berm that is located partially on the Golf Course property and on the Applicant's property until it reaches the existing wood fence, at which point the golf netting fence will enter the Applicant's property and be woven through the existing stand of trees, see Exhibit A to this Resolution. The fence poles shall be painted a dark color to better blend in with the existing vegetation. Section 3: Parks Department The Applicant is required to acquire an approved work under the drip line permit (tree removal permit) prior to installation of the fence. Any trimming of tree branches must be kept to a minimum and all tree work should be accomplished by a professional tree care company. All work on trees must comply with city tree code # 13.20. The Parks Department shall verify compliance with this requirement. Section 4. Golf Course Encroachment and License Agreement City Council hereby authorizes the City Manager to enter into a license agreement between the Applicant (and any future owners of 1495 Homestake) and the City of Aspen that would permit a portion of the fence to encroach onto a portion of Golf Course property, as illustrated in Exhibit A to this Resolution. The encroachment license shall be automatically renewed on a yearly basis, but may be reviewed for compliance by City Council and/or City Staff at the year intervals. The City may revoke the encroachment license at any time if the terms are violated. Section 5: Golf Course PUD City Council hereby directs the Community Development Department to approve an Administrative PUD Amendment for the Golf Course PUD toallow the golf netting fence to be construction on a portion of Golf Course (city) property. Section 6: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 7: This resolution shall not affect any existing litigation and shall not operate as an abatement der or by virtue of the resolutions or ordinances of any action or proceeding now pending un Resolution No 36, Series 2009 Page 2 of 3 repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 8: If any section, subsection, sentence, clause, phrase, or portion of this resolution 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. FINALLY, adopted, passed and appr ed this 22nd day of June, 2009. Michael C. Ir �Mayorl, *Kathryn Kcl ity Clerk APPROVED AS TO FORM: John or ster, City Attorney Resolution No 36, Series 2009 Page 3 of 3 r + r Ac fi r + -" •_ ;+— S��_"° _`j�. r� • —'���j fin:, "�, f L.r ✓ Y, r_ . L y,-'�t -•f .y.: } ;: y-1�"�3` e r . I�N.. r - ,. „rn_. + R lei A'13 rr , ,�I fi3 c�Y. ' a a ' . ,�" c �, Y � 5 �'✓:!',••, - - 9 iii � �,', ; ^5t� +y Gar ; �•� •n.� ,, � � y S . �,� �ti �,�'�'�r����fr � i'. �Cr�,��u••i '`r'�s ��'�� ti',,�r�i�k �� i 1 � �. �1 � �,;. ¢r1r"��,� � " �. � �� Aga :r+"S��`•r Tpx LF� °''�"�' f �H"C�� �t�+a�'��cc�'L +.. r t'��i �l •*�'S� �s'p•�i,' e. F r �' r. ,,y -� � °:. � t . c�r� tY'.�� ��,ki�i IR�LV �`� � i ��C.7R s ''Y:°�'' �. q.� •y ����1 y- l` �i ". ` } P"l'1 � ^..��'xZ-�'ii •Q �t c�, 4.k-'r-'e'Ai �,7},'•y -Rrl i`''t ,,{�,` • y�,.rf! ''L,���' j i i. VI. tt c ,i�—zi'i ." r.`^" `• �`n �'8ti'^ 1t'.,y+iA'y: 7 F('i •'/� .1 afL�`�1« :.r4r�i. ;ti r i1 r � �, -y s ��.\+1 ``j, ��rr '1 ` "• rt� ss� y i�b^,� t r V � y� s g6 s 1. ( i � � t ` ` r - r ''• . .'t Sit (g �. 1 � � s �a + � ��'•, ;; • ��'� r`+��+ ". .:.� he+w�s�.4 "�k}�' t z �� �S i �� ��'r�ad� ,,R �- ��',�qa c ` � ` � :� , � „L� ram'—' ( - 3.9, � U •S � i/ry � ``i\tL', 'r e� ,. , 1�17tI .1k i n:+: i 5�:'` ...a `ate` "N . . . . . . . . . . 41 LTen Approximate. locatr0i, of Property Line' Approximate Location.1-441. of Golf Fence NOTICE OF APPROVAL For An Insubstantial Amendment to the Aspen Golf Course Planned Unit Development (PUD), Lot 1, Aspen Golf Course, City of Aspen, Pitkin County, Colorado, commonly known as 39551 Highway 82, Aspen, CO 81611 Parcel ID No. 2735-111-09-001 APPLICANT: City of Aspen SUBJECT OF AMENDMENT: PUD Amendment for the Aspen Golf Course in accordance with City Council Resolution 36, Series of 2009 permitting a portion of a golf fence at 1495 Homestake Drive to be constructed on the Golf Course. SUMMARY: The City of Aspen has applied for an Insubstantial PUD Amendment to allow a portion of a private golf fence to be constructed on City property in accordance with City Council Resolution 36, Series of 2009. The Resolution approved a fourteen (14) foot tall golf netting fence for the property located at 1495 Homestake, and outlined portions of the fence that were to be constructed on the City of Aspen Golf Course. REVIEW PROCEDURE: The Community Development Department may approve, approve with conditions, or deny an insubstantial amendment to an approved PUD pursuant to Land Use Code Section 26.445.100, Planned Unit Development (PUD). STAFF EVALUATION: In order to amend a specific provision of the ordinance that approved the PUD originally, a PUD Amendment must be approved. Staff has reviewed the proposed amendment and finds that the proposed amendment meets the criteria for an insubstantial amendment pursuant to Section 26.445.100, Amendment of a PUD Development Order. Staff recommends approval of the proposed golf fence location. DECISION: The Community Development Director finds the Insubstantial Planned Unit Development Amendment to be consistent with the review criteria (Exhibit A) and thereby, APPROVES the amendment as specified below. The approved amendment to the Aspen Golf Course PUD allows for a fourteen foot golf net fence to be erected on a portion of the golf course property, as outlined in City Council Resolution 36, Series of 2009 (Exhibit B). APPROV Y: Chris Bendon Community Development Director 1?�� �q - -zz*1 Date Attachments: Exhibit A — Review Criteria/Checklist Exhibit B — City Council Resolution 36, Series of 2009 EXHIBIT A Insubstantial PUD Amendment Checklist 26. 445.100 Review Criteria All insubstantial PUD Amendments shall meet the following criteria, pursuant to Section 26.445.100, Amendment to PUD Development Order: ❑ The proposed amendment does not change the use or character of the development. Staff Finding: The proposed amendment will not impact the use or character of the development. This fence is smaller in size and height than the other golf fences on the property. The fence is consistent with regular golf operations. Staff finds this criterion to be met. ❑ The proposed amendment does not increase by greater than three (3) percent the overall coverage of structures on the land. Staff Finding. The proposed amendment will not increase the coverage of structures on the land. Staff finds this criterion to be met. ❑ The proposed amendment does not substantially increases trip generation rates of the proposed development, or the demand for public facilities. Staff Finding: The proposed amendment will impact the trip generation rates of the development. Staff finds this criterion to be met. ❑ The proposed amendment does not decrease the approved open space by greater than three (3) percent. Staff Finding: The proposed amendment will not decrease the open space of the development. Staff finds this criterion to be met. ❑ The proposed amendment does not reduce the off street parking and loading space by greater than one (1) percent. Staff Finding: The proposed amendment will not impact the parking facilities at the development. Staff finds this criterion to be met. ❑ The proposed amendment does not reduce required pavement widths or rights -of- way for streets and easements. Staff Finding: The proposed amendment will impact the pavement widths or right-of-way for streets and easements. Staff finds this criterion to be met. ❑ The proposed amendment does not increase the approved gross leasable floor area of commercial building by greater than two (2) percent. Staff Finding: The proposed amendment will not impact floor area. Staff finds this criterion to be met. ❑ The proposed amendment does not increase the approved residential density of the development by greater than one (1) percent. Staff Finding: The proposed amendment will not impact density. Staff finds this criterion to be met. ❑ The proposed amendment will not enact a change which is inconsistent with a condition or representation of the project' s original approval or which requires granting a variation from the project' s approved use or dimensional requirements. Staff Finding: The proposed amendment is consistent with the project's original approval and does not require changes to the approved dimensional requirements. Staff finds this criterion to be met. .. E. nloit RESOLUTION NO.36, (SERIES OF 2009) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A VARIANCE FOR A FOURTEEN FOOT FENCE MADE OF GOLF NETTING FOR THE PROPERTY LOCATED AT 1495 HOMESTAKE DRIVE CITY OF ASPEN, PITKIN COUNTY, COLORADO AND AUTHORIZING A LICENSE AGREEMENT FOR A PORTION OF THE FENCE TO ENCROACH ON CITY PROPE Parcel ID: 2735-024-03 0-03 WHEREAS, the Community Development Department received an application ue of from Philip Pine, represented by a variance toatthew Ferguson allow a fourteenlfootdfence madefof goleld f Hecht P.C, requesting approval of netting; and, WHEREAS, pursuant to Section 26,314, the City Council may approve a Variance, during a duly noticed public hearing after considering a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, upon review of the application and the applicable of ode che standards, the Community Development Department recommended approval requested variance with conditions; and, une 8, 9 and con tinued WHEREAS, during a duly noticed 36J Series o00009, by a four to June 22, 2009, the City Council approved Resolution No zero (4 — 0) vote, approving a Variance; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code asidentified Dh ector, the public reviewed and considered the recerein, has ommendation the CommunityDevelopment applicable referral agencies, and has taken and considered public comment at a hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the nd elemproval of the ents of the AspenlAreaeCommunity with conditions, is consistent with the goals Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Resolution No 36, Series 2009 Page 1 of 3 Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves a variance to permit a fourteen foot high fence made of golf netting be constructed on the property. The fence shall only be erected when the Aspen Municipal Golf Course is running golf operations. Section 2: Fence Location & Material The fence shall be located at the base of an existing berm that is located partially on the Golf Course property and on the Applicant's property until it reaches the existing wood fence, at which point the golf d of trees, netting fence see Exhibit A to this Resalution.roperty and be woven through the existing s The fence poles shall be painted a dark color to better blend in with the existing vegetation. Section 3: Parks Department The Applicant is required to acquire an approved work under the drip line permit (tree removal permit) prior to installation of the fence. Any trimming of tree branches must be kept to a minimum and all tree work should be accomplished by a professional tree care company. All work on trees must comply with city tree code 913.20. The Parks Department shall verify compliance with this requirement. Section 4: Golf Course Encroachment and License A reement City Council hereby authorizes the City Manager to enter into a license agreement between the Applicant (and any future owners of 1495 Homestake) and the City of Aspen that would permit a portion of the fence to encroach onto a portion of Golf Course property, as illustrated in Exhibit A to this Resolution. The encroachment license shall be automatically renewed on a yearly basis, but may be reviewed for compliance by City Council and/or City Staff at the year intervals. The City may revoke the encroachment license at any time if the terms are violated. Section 5: Golf Course PUD City Council hereby directs the Community Development Department to approve an Administrative PUD Amendment for the Golf Course PUD to allow the golf netting fence to be construction on a portion of Golf Course (city) property. Section 6: All material representations and commitments made by the Applicant pursuant tot e development proposal approvals as herein awarded, whether in public hearing or documentation presented before same shall bety ilcompliedreby with as �fpfully set forth hein such rein, development approvals and the s unless amended by an authorized entity. Section 7: This resolution shall not affect any existing litigation and shall not operate as an abatement of the resolutions or ordinances of any action or proceeding now pending under or by virtue Resolution No 36, Series 2009 Page 2 of 3 repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 8: If any section, subsection, sentence, clause, phrase, or portion of this resolution 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. FINALLY, adopted, passed and appr ed this 22nd day of June, 2009. Michael C. Ir and, Mayor/ ATTEST: Kathryn S. Ko ity Clerk APPROVED AS TO FORM: John or ster, City Attorney Resolution No 36, Series 2009 Page 3 of 3 JrA r4'k,�tvie ~ d%tFI� `� k_r •-fir �' ti: AV �� , � - '� y... ., r +.� ` a } ..,4'- _ _ �. � ice, t�� ,s' .�,+ ��' • ��"'� op P I M-, . s F AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070, ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO STATE OF COLORADO ) ss. County of Pitkin ) I, n PI 01\ J c c�- (- -e t-A (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following mariner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Signature The foregoing "Affidavit of Notice" was acluzoNvledged before me this l day of , 2001, by (gust 9, 2009 • Aspen Times W84 • .:'NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land use Code of the Cify of Aspen and Title 24, Article 68. Colorado Revised Statutes, pertainin to the following described property: 39551 Highway 82, Parcel ID 2735-111-09-001. by Community Development Director Approval. The Applicant received apC,oval of a PLlAmendment to allow a portion of a golf netting fence to be placed on the property. For further information contact Jessica Garrow, at the City of Aspen Community Developpment Dept. 130 S. Galena St, Aspen, Colorado (970) 429-2780. at City of Aspen Publish in The Aspen Times Weekly on August 9. 2009. 13MI991 WITNESS MY HAND AND OFFICIAL SEAL My commission expires: �(!) oi0� AM 12 Notary Public O�PµY Pfj ATTACHMENTS: •� '* LAURA COPY OF THE PUBLICATION tMEYER 13* Mir Canrtrra:iart Ex res 48i1012010 DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Philip Pine 50 South Compass Drive Fort Lauderdale FL 33308 Property Owner's Name, Mailing Address and telephone number Lot 2 Homestaio Condominiums located at 1495 HomestaW Drive r Legal Description and Street Address of Subject Property The applicant has received a dimensional variance to construct a fourteen foot golf netting fence on a portion of the property located at 1495 Homestake Drive The resolution also authorized the City Manager to enter into an agreement for aportion of the fence to be constructed on the golf course. Written Description of the Site Specific Plan and/or Attachment Describing Plan City of Aspen City Council Resolution 36 Series of 2009 approved on June 22, 2009. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) July 25, 2009 Effective Date of Development Order (Same as date of publication of notice of approval.) July 26, 2012 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued thj„45th day,gf July, 2009, by the City of Aspen Community Development Director. Chris Prendon, Community Development Director RESOLUTION NO. 36, (SERIES OF 2009) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A VARIANCE FOR A FOURTEEN FOOT FENCE MADE OF GOLF NETTING FOR THE PROPERTY LOCATED AT 1495 HOMESTAKE DRIVE CITY OF ASPEN, PITKIN COUNTY, COLORADO AND AUTHORIZING A LICENSE AGREEMENT FOR A PORTION OF THE FENCE TO ENCROACH ON CITY PROPE Parcel ID: 2735-024-03 0-03 WHEREAS, the Community Development Department received an application from Philip Pine, represented by atew hance torguson and allow a fourteenfootaence madeParue of eld of of golf Hecht P.C, requesting approval of ar netting; and, WHEREAS, pursuant to Section 26,314, the City Council may approve a Variance, during a duly noticed public hearing after considering a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, upon review of the application recommend dthe approvalapplicable ofof the standards, requested the Community Development Department variance with conditions; and, WHEREAS, during a duly noticed public hearing on June 8, 2009 and continued to June 22, 2009, the City Council approved Resolution No. 36, Series of 2009, by a four to zero (4 — 0) vote, approving a Variance; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Resolution No 36, Series 2009 Page I of 3 Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves a variance to permit a fourteen foot high fence made of golf netting be constructed on the property. The fence shall only be erected when the Aspen Municipal Golf Course is running golf operations. Section 2: Fence Location & Material The fence shall be located at the base of an existing berm that is located partially on the Golf Course property and on the Applicant's property until it reaches the existing wood fence, at which point the golf netting fence will enter the Applicant's property and be woven through the existing stand of trees, see Exhibit A to this Resolution. The fence poles shall be painted a dark color to better blend in with the existing vegetation. Section 3: Parks Department The Applicant is required to acquire an approved work under the drip line permit (tree removal permit) prior to installation of the fence. Any trimming of tree branches must be kept to a minimum and all tree work should be accomplished by a professional tree care company. All work on trees must comply with city tree code 913.20. The Parks Department shall verify compliance with this requirement. Section 4: Golf Course Encroachment and License A reement City Council hereby authorizes the City Manager to enter into a license agreement between the Applicant (and any future owners of 1495 Homestake) and the City of Aspen that would permit a portion of the fence to encroach onto a portion of Golf Course property, as illustrated in Exhibit A to this Resolution. The encroachment license shall be automatically renewed on a yearly basis, but may be reviewed for compliance by City Council and/or City Staff at the year intervals. The City may revoke the encroachment license at any time if the terms are violated. Section S: Golf Course PUD City Council hereby directs the Community Development Department to approve an Administrative PUD Amendment for the Golf Course PUD toallow the golf netting fence to be construction on a portion of Golf Course (city) property. Section 6: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 7: This resolution 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 resolutions or ordinances Resolution No 36, Series 2009 Page 2 of 3 repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 8: If any section, subsection, sentence, clause, phrase, or portion of this resolution 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. FINALLY, adopted, passed and appr ed this 22nd day of June, 2009. Michael C. Ir and, Mayor/ ATTEST: Kathryn S. Ko ity Clerk APPROVED AS TO FORM: John or ster, City �Attorney Resolution No 36, Series 2009 Page 3 of 3 4PQ scl 16 31 It's A ...... ....... CZ Approximate locati, of Property Line Approximate Location IMM of Golf Fence GOLF BALL SAFETY NET LICENSE Page I of 6 GOLF BALL SAFETY NET LICENSE This License ("License") is made and entered into this LO_*day of July, 2009, by and between PHILIP A. PINE ("Pine") on the one side and the CITY OF ASPEN ("CITY") on the other side. Each party hereto is hereinafter collectively referred to individually as a "Party" and collectively as the "Parties." RECITALS A. Pine is the owner of Unit 2 of the Homestake Condominiums, commonly known as 1495 Homestake Dr., #2, Aspen, Colorado, and legally described as Unit 2, HOMESTAKE CONDOMINIUMS, according to the Condominium Plat thereof recorded April 18, 2000, in Plat Book 53 at Page 4 as Reception No. 442468 and as defined and described in the Condominium Declaration for Homestake Condominiums recorded April 19, 2000, at Reception No. 442476 ("Pine Property"). Unit 2 is improved with an approximately 4,410 square foot residential structure ("Pine Residence"). B. The City of Aspen is the owner of the Aspen Golf & Tennis Club, 1000 Truscott Place, Aspen, Colorado 81611 ("City Land"). C. The Pine Residence is situated along the second fairway of the Aspen Golf & Tennis Club. D. By Resolution 436, Series 2009, Aspen City Council approved a variance for a fourteen foot fence made of golf netting ("golf ball safety net") and authorized a license agreement allowing for a portion of the golf ball safety net to encroach on City property E. The golf ball safety net will be located in the area of the Pine Property's western property line at the base of an existing berm, located partially on City Land and partially on Pine Property. Starting from the front -most facade of the Pine Residence, the golf ball safety net will run south approximately forty (40) feet on City Land until it reaches the Pine Property (see 447082-1 GOLF BALL SAFETY NET LICENSE Page 2 of 6 Exhibit "A"), at which point the remaining portion of the golf ball safety net will be installed on Pine Property in accordance with variance approval. F. The golf ball safety net will not encroach onto City Land beyond the eastern base of the existing berm, as depicted in Exhibit "A." G. Pine will paint the posts of the golf ball safety net to blend in with existing vegetation. H. Pine will remove the posts and netting portions of the golf ball safety net during the winter months, from approximately November to April, when the Aspen Golf & Tennis Club is closed for golfing operations. AGREEMENT For good and valuable consideration of the terms, conditions, and promises contained in this License, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Grant of License. The License shall become effective upon signature of the last Party to the License. For the purposes set forth herein, if all requirements are met, but a PUD amendment should require time to complete, the City hereby assigns, transfers and grants Pine the right to use the portion of City land described above so that the golf ballsafety net can be installed when the license becomes effective and when other installation requirements are met. 2. Maintenance. The golf ball safety net will be installed and maintained by Pine. 3. Liability and Indemnity. In the event that any of the parties might otherwise be liable under applicable state statutes, Pine hereby agrees, to the extent permitted by law, to indemnify and hold the City harmless from and against claims or awards for loss, damage or any liability including reasonable attorneys' fees and costs, which may result from Pine's acts or omissions covering and including installation, maintenance, repair, replacement, and public use of the golf ball safety net. 447082-1 GOLF BALL SAFETY NET LICENSE Page 3 of 6 4. Assignment of Rights. Each Party to this License represents and warrants that it 15 or he/she has not sold, assigned, conveyed, or otherwise transferred, prior to the final execution of this License, any interest in the City Land. 5. Voluntary Agreement. The Parties agree and understand that this License has I been freely and voluntarily entered into and that no representations or promises of any kind other than those contained in this License have been made by any Party to induce'�any other Party to enter into this License. The Parties have read and understand this License in its entirety. The Parties acknowledge that each of them has been, or has had the opportunity to be, represented by counsel in connection with the negotiation, drafting, and execution of this License. 6. Authority to Enter Agreement. Each person and entity executing this License warrants that he/she/it is the duly authorized representative of the person or entity for which he/she/it acts and is fully and legally empowered to execute and deliver this License. 7. Interpretation of License. Each Party acknowledges and agrees that this License shall not be deemed prepared or drafted by any one Party. In the event of any dispute between the Parties concerning this License, the Parties agree that any rule of construction, to the effect i that any ambiguity in the language of the License is to be resolved against the drafting Party, shall not apply. 8. Governing Law, Jurisdiction and Venue. This License shall be governed and construed in accordance with the laws of the State of Colorado. Jurisdiction land venue for any action arising out of this License shall rest exclusively with the County Court or District Court for Pitkin County, Colorado, as may be appropriate, except that the Parties may agree to mediate or arbitrate any disputes that may arise in the event of any action for breachl,ot to enforce the provisions of, or otherwise involving, this License. 447082-1 GOLF BALL SAFETY NET LICENSE Page 4 of 6 9. Parties to Bear Own Attorneys' Fees and Costs. Except may otherwise provided, each Party shall bear his/her/its own attorneys' fees and costs incurred in connection with this License. 10. Modification of Agreement. No provision or term of this License may be amended, modified, revoked, supplemented, waived, or otherwise changed; except by written instrument duly executed by all of the Parties hereto. 11. Counterparts/Facsimile. This License may be executed in counterparts, each of which shall be an original, and all of which together shall constitute the License. Facsimile signatures shall be binding. 12. Binding Effect. The terms and conditions contained in this License shall inure to the benefit of, and be binding upon, the respective representatives, successors, heirs and assigns of the Parties. The License shall automatically renew on a yearly basis, but may be reviewed for I compliance by City Council and/or City Staff at yearly intervals. The Cify may revoke the encroachment license at any time upon thirty (30) days written notice given by the City to Pine. 13. Entire License. The Parties agree that this License constitutes the final and entire agreement among the Parties and thereby supersedes and voids any and all prior agreements, letters, or understandings, whether written or oral, which may have existed regarding the subject matter of this License. 14. Effective Date of this License. The Effective Date of this License shall be the date upon which the last Party signs the License. 15. Headings and Captions. All headings and captions used in this License are for convenience only, and shall not be construed to either limit or broaden the language of this License or any particular section. 447082-I GOLF BALL SAFETY NET LICENSE Page 5 of 6 DATED this day of July, 2009 i i CITY OF ASPEN, COLORADO i By: Title: STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing GOLF BALL SAFETY NET LICENSE was acknowledged before me this 1 fa day of July, 2009, by Stf ff eil r( E ru'< <'k WITNESS my hand and offci StieaL GQ I l3Gl I My commission expires;' r l ant. �V 'r .........r 447082-1 GOLF BALL SAFETY NET LICENSE Page 6 of 6 DATED this day of July, 2 PHILIP A. PINE By: STATE OF ) ss. COUNTY OF PId �' �29G� �I 2 ►Q ) The foregoing GOLF BALL SAFETY NET LICENSE was acknowledged before me this q day of July, 2009, by P�-1 I (- I P "ri rfE WITNESS my hand and official seal. My commission expires:V14-1) . Zr 0-0 1 O Notary Public CfSLYN TAYLO w A- p!otary Pubiie, State d Florida Commission# DD611170 ;rinrn. expires 14ov. 02, 2010 447082_1 16 THE CITY OF ASPEN OFFICE OF THE CITY MANAGER Chris Bendon City of Aspen Community Development Department 130 S. Galena Street Aspen, CO 81611 July 21, 2009 Chris: In accordance with City Council approval of Resolution 36, Series 2009, I hereby give permission for the Community Development departmeninalize the 1495 Homesake case by opening a case to approve a PUD Amendment for the golf netting to be installed on City property as described below: ■ Legal Description: Subdivision: Aspen Golf Course Lot: 1 Golf Course ■ Parcel ID number: 273511109001 ■ Address: 39551 Highway 82, Aspen, Colorado 81611 Thank you, Steve Barwick City Manager City of Aspen 130 SOUTH GALENA STREET • ASPEN, COLORADO 81611-1975 • PHONE 970.920.5212 • FAx 970.920.5119 Printed on Recycled Paper