HomeMy WebLinkAboutLand Use Case.39551 Hwy 82.0032.2008.ASLU 40
THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0032.2008.ASLU
PARCEL ID NUMBERS
PROJECTS ADDRESS 39551 HIGHWAY 82
PLANNER JENNIFER PHELAN
CASE DESCRIPTION PUD AMENDMENT - TRUSTCOTT
REPRESENTATIVE TOM MCCABE
DATE OF FINAL ACTION 7.4.09
DATE OF FINAL REFUND/ CASE ABANDONED -
PAYMENT
CLOSED BY ANGELA SCOREY ON: 10.15.14
ru 0g32-200T.;A6LQ
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Main Valuation Custom Fields Actions Fees Parcel Fee Summary Sub eermits I Attachments Routing Status Routing d ►
Permit Type laslu `!Aspen Land Use Permit# 0032,2008,A5LU
ti Address 39551 HIGHWAY 82 J AptjSuite�—
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Cr City ASPEN State CO Zip 81611
Perms InFormation -- --
Master Permit Routing Queue as1u07 Applied 07J0912008 J
Project J Status pending Approved —J
Description PUD AMENDENT TRU5COTT-ENCLOSE FORMER GRILL SPACE FOR STORAGE Issued —l
Final F—J
Submitted TOM MCCABE Clock unning pays F Expires .0710412009 J
Owner -- _ -- -
Last Name ASPEN PITKIN HOUSING AU d First Name�— 403 PARK CIR
ASPEN CO 81611
Phone
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v, Owner Is Applicant?
Applicant - -- --
Last Name ASPEN PITKIN HOUSING AU] First Name�— 403 PARK CIR
Phone Cust#121023 ASPEN CO 81611
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Last Name 2� First Name
Phone
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THE CITY OF ASPEN
Land Use Application
Determination of Completeness
Date: July 16, 2008
Dear City of Aspen Land Use Review Applicant,
We have received your land use application and reviewed it for completeness. The case number
and name assigned to this property is 0032.2008.ASLU (Truscott— storage shed).
❑ Your Land Use Application is incomplete:
We found that the application needs additional items to be submitted for it to be deemed
complete and for us to begin reviewing it. We need the following additional submission
contents for you application:
1. The Applicant is not the owner of the property and needs written authorization by
property owner consenting to the application (Section 26.304.030 B.1.).
2. The legal description of the property as well as the parcel identification is not
provided (Section 26.304.030 B.2.).
3. A disclosure of ownership is not provided Section 26.304.030 B.3.).
4. A vicinity map is not provided (Section 26.304.030 B.4.).
5. A site plan (and the context required) is not provided Section 26.304.030 B.5.). The
site plan provided is not to scale and does not adequately show the context of
proposed development.
6. The Floor Area of the existing project is noted but unsubstantiated. How was this
number arrived at?
Please submit the aforementioned missing submission items so that we may begin reviewing
your application. No review hearings will be scheduled until all of the submission contents listed
above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the
land use application.
Other submission items may be requested throughout the review process as deemed necessary by
the Community Development Department. Please contact me at 429-2759 if you have any
questions.
Th You,
Jennifer Phel eputy Director
City of Aspen, Community Development Department
C:\Documents and Settings\jennifep\Desktop\organized\G Drive\"Templates\Land Use Cases\Completeness Letter
Land Use.doc
PROJECT: ATTACHMENT 2—LAND USE APPLICATION
Name:
Location: 1
Indicate street address, lot&block number, legal description where appropriate)
Parcel ID#(REQUIRED)
APPLICANT:
Name: tJ C t� CU 0 6, t+U714bg, 7-
Address: 6 ST IqSAQE&3 6gim4pa Gila il
Phone#: g 7 O - g 2.O - S D 3-
REPRESENTATIVE:
Name: G CA Q F
Address: 54M .4-5 AUF_
Phone#: 1% 1 ,
TYPE OF APPLICATION: (please check all that apply):
n GMQS Exemptinn n ConCenfiin] PT FD I-1 Temnnrary I ke
❑ GMQS Allotment Final PUD(& Amendment) ❑ Text/Map Amendment
❑ Special Review ❑ Subdivision ❑ Conceptual SPA
❑ ESA-8040 Greenline, Stream ❑ Subdivision Exemption(includes ❑ Final SPA(&SPA
Margin,Hallam Lake Bluff, condominiumization) Amendment)
Mountain View Plane
❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/
Expansion
❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other:
❑ Conditional Use
EXISTING CONDITIONS: (description of existing buildings,uses,previous approvals,etc.)
ExT£ras,o a 0P 81 DG- Novi ErkPTY) WAS 4:6rtmb2 Galt 4o A- 6a(� P�r�2ons
12£MaA1Nad m S c4. IS WdRIC-FoRca: us n1 6 ROCHA OF ACES (,f o; ,ef
PROPOSAL: (description of proposed buildings,uses,modifications,etc.
Have you attached the following? FEES DUE: $
❑ re-Application Conference Summary
[✓]Attachment#1,Signed Fee Agreement
❑ Response to Attachment#3,Dimensional Requirements Form
❑ Response to Attachment#4, Submittal Requirements-Including Written Responses to Review Standards
❑ 3-D Model for large project
All plans that are larger than 8.5"X 11"must be folded. A disk with an electric copy of all written text
(Microsoft Word Format)must be submitted as part of the application. Large scale projects should include an
electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model.
�Z
ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project: goic ..osL CDU£RfD :9 ef- 'TO cao-r<. COLD S-bR.46E s*m
Applicant: Ars0c,14 A
Location: 38,9,q4 8 /i 4� G/ �!
Zone District:
Lot Size:
Lot Area:
(for the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements,and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing: Proposed:
Number of residential units: Existing: --5b Proposed: 6-a
Number of bedrooms: Existing: �-V Proposed: ,!5O
Proposed% of demolition (Historic properties only):
DIMENSIONS:
Q
Floor Area: Existing- 37 11q Allowable: /,�l3 S? Proposed: .00'S
Principal bldg. height: Existing: Allowable: Proposed:
Access. bldg. height: Existing: Allowable: Proposed:
On-Site parking: Existing: Required: Proposed:
% Site coverage: Existing: Required: Proposed:
%Open Space: Existing: Required: Proposed:
Front Setback: Existing: Required. Proposed:
Rear Setback: Existing: Required: Proposed:
Combined F/R: Existing: Required: Proposed.
Side Setback: Existing: Required: Proposed:
Side Setback: Existing: Required: Proposed:
Combined Sides: Existing: Required: Proposed:
Distance Between Existing Required: Proposed:
Buildings
Existing non-conformities or encroachments:
Variations requested:
Truscott#100 bldg. Cold storage enclosure project
I respectfully ask for an insubstantial PUD amendment to accommodate this small project and provide
the APCHA maintenance crew with additional secured storage. Consistent with section 26.445.100 of
the city Land Use Code, I have provided answers to the questions of this section of the code for your
consideration
1. This project will not change the type of use or character of the building.The building has been
used as 50 rental units and APCHA, and Golf Dept offices for many years. Last year the
arrangement of offices changed and APCHA occupied the former Golf offices. Golf then moved
into the under-utilized conference room. This let APCHA abandon several scattered office
spaces in the abandoned restaurant and kitchen area and to consolidate its presence at the
front door area for improved tenant customer service and property oversight.
This project is to enclose 190sq ft. of covered area formerly used for an outdoor bar(that was
abandoned many years ago) to provide cold storage for the APCHA maintenance team. The Golf
offices were supposed to move into the new Golf building per approvals for that facility, upon
completion, but this has not occurred as promised. Golf's continued presence may not be an
approved use per approvals.
2. The building is 37,119 sq ft. this project will enclose 190 sq ft. (.0051186%)that exists and is
covered but open to the outside. It does not increase the floor area by greater than 3%.
3. This proposed use will not increase trips at all unless it saves a few. Items scattered elsewhere
will be at hand for the maintenance crew.This enclosure will not be used for the public at all.
4. This is already developed area and not open space.
5. This enclosure will not impact parking at all.There is no parking at this place.
6. This enclosure will not reduce any right of ways for streets or easements.
7. This building is not used for commercial purposes; it will not be commercially leased.
8. This enclosure will not increase the residential density at all.
9. The buildings footprint will not change nor will its use.The storage use for this proposed
enclosure now happens in several other areas on the property that are problematic (no lift)for
storing objects such as refrigerators, (heavy items) in the basement, etc.
Thank you,
Tom McCabe, Exec. Director, APCHA
530 E. Main St.
Aspen, CO 81611
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN(hereinafter CITY) and A'�L► /P/T K i#1 6o t O-r j }-y txs t#0 6v At��2mT�
(hereinafter APPLICANT)AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for
A Co J.n S-IMACoF_ !9#9D
(hereinafter,THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of
2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a
condition precedent to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed
project,it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT and CITY further agree that it is in the interest of the parties that
APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed
to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their
hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity
and will make additional payments upon notification by the CITY when they are necessary as costs are
incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to
process 111 1 0 DDT rr d NT VC .. ..1;,...«;,,..
L1�111V 1 J 0.p1111\.0.L1V11.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to
complete processing or present sufficient information to the Planning Commission and/or City Council
to enable the Planning Commission and/or City Council to make legally required findings for project
consideration,unless current billings are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right
to collect full fees prior to a determination of application completeness, APPLICANT shall pay an
initial deposit in the amount of$:I_6Fi which is for 3 hours of Community
Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay
additional monthly billings to CITY to reimburse the CITY for the processing of the application
mentioned above, including post approval review at a rate of$235.00 per planner hour over the initial
deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further
agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no.
case will building permits be issued until all costs associated with case processing have been paid.
CITY OF ASPEN APPLICANT
By: By '
Chris Bendon
Community Development Director Date: 7-7-_�,-oo8
Billing Address and Telephone Number:
Required APG N A
�� 1
THE CITY OF ASPEN
ASPEN COMMUNITY DEVELOPMENT
2008 LAND USE APPLICATION FEES
CATEGORY HOURS DEPOSIT FLAT FEE
Major 12 2,940.00
Minor 6 1,470.00
Staff Approvals 3 735.00
Flat Fee 590.00
Planning Department Hourly Rate 235.00
Board of Adjustment 265.00
Appeals of adverse board and administration 3 735.00
Historic Designation 0.00
Exempt HPC 0.00
Certificate of No Negative Effect 245.00
Minor Development
Certificate of Appropriateness 3 705.00
Significant HPC<1000 sq.ft. 6 1,410.00
Significant HPC >1000 sq.ft. 12 2,820.00
Demolition, Partial Demolition,Relocation 2,820.00
Insubstantial Amendment to an approved
Certificate of Appropriateness 0.00
Substantial Amendment to an approved
Certificate of Appropriateness 675.00
HPC Appeals 3 705.00
Development Order Recordation Fee 45.00
Land Use Code Interpretations 50.00
Appeals of Land Use Code Interpretations 3 735.00
Referral Fees-Environmental Health
Major 410.00
Referral Fees-Housing
Major 410.00
Minor 212.00
Referral Fees-City Engineer
Major 410.00
Minor 212.00
Referral Fees—Parks
Major 410.00
Minor 212.00
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SUBDIVISION IMPROVEMENT AND PUD AGREEMENT
FOR THE ASPEN GOLF AND TENNIS CLUB/
TRUSCOTT AFFORDABLE HOUSING PROJECT
This SUBDIVISION AND PUD AGREEMENT is made and entered into as of
y Li
the `'� day of , 2001 by the City of Aspen, as the "owner" and the
"City".
WITNESSETH:
WHEREAS, the owner owns that certain real property (the "Property") currently
legally described as Lots 1 and 2 of the amended plat of the Aspen Golf Course
Subdivision, parcel numbers 2735-111-09-702 & 2735-111-09-001, City of Aspen,
County of Pitkin, State of Colorado; and
WHEREAS, on August 14, 2000 the City Council of the City of Aspen granted
approval pursuant to Sections 26.304, 26.310, 26.440, 26.445, 26.470, 26.480 and 26.710
of the Municipal Code of the City of Aspen (the "Code") for the development_"Aspen
Golf and Tennis Club/Truscott Affordable Housing Project" to be situated on the
property pursuant to Ordinance 34, Series of 2000, recorded in Pitkin County Clerk and
Recorders Office in Book , Page as Recording number ; and
WHEREAS, the approval of the development was conditioned upon the owner
complying with certain requirements, including entering into and executing a Subdivision
Agreement for the Property; and
WHEREAS, the Owner has submitted to the City for approval, execution and
recordation a Plat for the property (the "Plat") ecorded in the Office of the Pitkin County
Clerk and Recorders Office in Plat Book at Page as Reception No.
(4-,5) —T! S and the City agrees to approve, execute and record the Plat on the
agreement of the Owner to the matters described herein, subject to the provisions of the
code, the conditions contained herein and other applicable rules and regulations; and
WHEREAS, the City has imposed conditions and requirements in connection
with its approval, execution and acceptance of the Plat and such matters as are necessary
to protect, promote and enhance the public health, safety and welfare; and
WHEREAS, under Section 26-440, 26-445, and 26-480 of the Municipal Code of
the City of Aspen (hereinafter"Land Use Regulations"), the City is entitled to assurance
that the matters agreed to herein will be performed by the Owner and its successors or
assigns; and
WHEREAS, the Owner is willing to enter into such agreement with the City and
provide assurances to the City; and
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WHEREAS, prior to entering into this Agreement, the City fully considered the
development applications filed by the Owner with the City Planning Department and has
reviewed the anticipated benefits and burdens to neighboring and adjoining properties by
reason of this Project. Further, the City has considered the requirements, terms and
conditions of the Municipal Code of the City of Aspen and such laws, rules and
regulations as are applicable; and
Now, Therefore, in consideration of the mutual covenants contained herein and
the approval, execution and acceptance of the Plat for recordation by the City, it is agreed
as follows:
1. Description of the Project: The project which the City Council approved
consists of a multiple lot subdivision containing two phases of rental
affordable housing, a new pro shop/restaurant facility, a new tennis facility,
and related infrastructure and intersection improvements. Phase one of the
housing will contain 58 units consisting of 19 studios, 20 one bedroom units
and 19 two bedroom units. Phase two of the housing will contain 41 units
consisting of 22 studios, 14 one bedroom units and 5 two bedroom units. The
redevelopment of Phase 3 has received conceptual approval, but will need to
receive final approval before construction can begin.
2. Acceptance of Plat and PUD Plans: Prior to filing, the amended Subdivision
Plat and PUD plans shall be reviewed and approved by the Engineering and
Planning Departments. Upon execution of this Agreement by all parties
hereto, and upon approval of the Final Plat by the Engineering and Planning
Departments, the City agrees to approve, and execute the Final Plat for the
Project submitted herewith, which conforms to the requirements of Sections
440, 445 and 480 of the Aspen Municipal Code. The City agrees to accept the
Plat for recording and the Lessor shall file with the Pitkin County Clerk and
Recorder a Final Plat and Subdivision Agreement within 180 days of final
approval (August 14, 2000) or the approval is rendered invalid.
3. Transportation Demand Management: The owner will hold a joint meeting
between the Aspen/Pitkin County Housing Board, the Planning and Zoning
Commission and the City Council to discuss a plan for transportation demand
management. Approval of the plan by City Council will necessarily precede
residential occupancy.
4. Lighting Plan: A final lighting plan will be submitted to the Planning and
Zoning Commission prior to installation of any exterior lighting.
5. Construction Schedule and Phasing: The City and the Owner mutually
acknowledge that an exact construction schedule cannot be determined for the
project at this time. However it is anticipated that construction of the project
will begin during October, 2000 with completion occurring within twenty-four
(24) months thereafter. A preliminary construction schedule is attached as
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Exhibit A. During construction, emergency access across the golf course will
be maintained when the primary access is blocked.
6. Parking Requirements: The owner will provide 1 53parking spaces for
recreation use. The owner will provide 209 spaces for housing use. Recreation
lot spaces may be used for remote parking for the Burlingame project during
the winter months. Any parking freed up via future development will be used
as remote parking for infill projects.
Four of the housing spaces along Truscott drive will be signed for"15 minute
parking only."No parking will be permitted along the internal street outside
of designated parking areas. The recreation parking area will be routinely
cleared of any non-permitted cars. The provisions in this paragraph will be
enforced by the housing property manager.
7. Dimensional Requirements: The dimensional requirements applicable to each
of the newly created lots are illustrated on the submitted plat.
8. Public Improvements and Landscaping:
a. Special Improvements District: The Owner hereby agrees to join any
Special Improvements District formed to cover the improvements not
covered by the curb, gutter and sidewalk to be installed at the time of
construction.
b. Necessary Public Improvements and Landscaping: The Owner will
maintain the parcel's common areas. The Owner will guarantee for 2 years
the landscaping improvements for the parcel, including trees, starting on
the issuance day of the last certificate of occupancy for a housing unit. All
site lighting shall comply with the lighting plan submitted at the time of
building permit approval.
c. Utility Service Approval: Prior to issuance of a building permit for the
project, detailed plans shall be issued to and reviewed by each of the
utility providers.
9. Utility Easements: Utility easements as shown on the Subdivision Plat are
hereby dedicated by the Owner for the benefit of the City and public utility
companies. The Plat shall contain a dedication by the owners to this effect. All
utility meters and any new utility pedestals or transformers must be installed
on the Owner's property and not in the public right-of-way.
10. Public Rights of Way: The Owner shall obtain an excavation permit from the
Streets Department and design approval from the Engineering Department for
any work done in the public rights of way.
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11. Trees: The Owner shall obtain a tree removal permit prior to issuance of a
building permit for the project, and shall stake and fence all existing trees that
are not to be removed in order to protect them from excavation and
construction activities. The Owner shall specify cotton-less varieties of
Cottonwood trees.
12. Parking Miti ation During Construction: During construction, contractor
parking shall be limited to the site and sufficient parking shall be maintained
for existing residents and recreation users. Contractor use of car pooling
and/or use of the daily park-and-ride lots at the airport shall be encouraged.
13. Deed restrictions: The housing portion of the project shall be deed restricted to
category prices to be determined by the Aspen City Council prior to
occupancy. Attached as Exhibit B is an Occupancy and Resale Master Deed
Restriction, which shall be recorded prior to issuance of a building permit for
the project.
14. Material Representations: All material representations made by the Owner on
record to the City in accordance with the approval of the project shall be
binding upon the Owner, its successors and assigns.
15. Enforcement: In the event the City determines the Owner is not in substantial
compliance with the terms of the Agreement or the Final Subdivision Plat or
PUD Plans, the City may serve a notice of noncompliance and request that the
deficiency be corrected within a period of forty-five (45) days. In the event the
Owner believes that it is in compliance or that the noncompliance is
insubstantial, the Owner may request a hearing before the City Council to
determine whether the alleged noncompliance exists or whether any
amendment, variance or extension of time to comply should be granted. On
request, the City shall conduct a hearing according to standard procedures and
take such action as it then deems appropriate. The City shall be entitled to all
remedies at equity and at law to enjoin, correct and/or receive damages for
any noncompliance with this agreement.
16. Notices: Notices to the parties shall be sent by U.S. certified mail, return
receipt requested, postage prepaid to the addresses set forth below, or to any
other addresses which the parties may substitute in writing. Such notices shall
be deemed received, if not sooner received, three (3) days after the date of
mailing same.
To the Owner: City Manager
City of Aspen
130 South Galena Street
Aspen, CO 81611
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To the City: City Attorney
City of Aspen
130 South Galena Street
Aspen, CO 81611
17. Binding Affect:ffect: The provisions of this agreement shall run with and constitute
a burden on the land on which the project is located and shall be binding and
inure to the benefit of the Owner, its successors and assigns and to the City, its
successors and assigns.
18. Amendment: This agreement may be altered or amended only by written
instrument executed by all the parties hereto, with the same formality as this
Agreement was executed.
19. Severability: If any of the provisions of this agreement are determined to be
invalid, it shall not affect the remaining provisions hereof.
IN WITNESS HEREOF, the parties hereto have executed this Subdivision and
PUD Agreement the day and year first written above.
APPROVED AS TO FORM
2� D
Ci y At orney
City Manager
THE CITY OF ASPEN, COLORADO
A municipal corporation `
By: Attest:
4achel Richards, yor Kathryn S. h, Cit Jerk
STATE OF COLORADO )
ss:
COUNTY OF PITKIN )
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The foregoing instrument is hereby acknowledged before me this Z�J day of
-re—b4axeiK4 , 2001 by Rachel Richards as Mayor and Kathryn S. Koch as City Clerk of
the City of—Aspen.
RY P U
W' *My fia seal.
ctimmission e* i
CHERYL
• KOEHNE :C)
No ary Publi
OF.Co�O
CITY OF ASPEN
By: '44 i3-o1,
STATE OF COLORADO )
ss:
COUNTY OF PITKIN )
The foregoing instrument is hereby acknowledged before me this z 3 n,o( day
of F , 2001 by Steve Barwick, City Manager, City of Aspen.
Wi yftft is. r� eal.
M c mission exp
CHERYL
N: KOEHNE :O
�c•- T4otary ublic
.•,,,.. ,$... OF �OHO
. ..,
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RESOLUTION N0.41
(SERIES OF 2000)
A RESOLUTION OF THE ASPEN CITY COUNCIL GRANTING CONCEPTUAL
PLANNED UNIT DEVELOPMENT APPROVAL FOR THE ASPEN GOLF`AND
TENNIS CLUB/TRUSCOTT HOUSING PROPOSED AT THE ASPEN
MUNICIPAL GOLF COURSE,CITY OF ASPEN,PITIaNCOUNT'Y,
COLORADO.
WHEREAS,the Community Development Department.received an application
from the City of Aspen and the Aspen/Pitkin County Housing Authority, applicant, for a
Conceptual Planned Unit Development (PUD)approval for redevelopment of the Aspen
Golf Course parking lot and Truscott Affordable Housing to include additional affordable
housing and recreational facilities on land currently described as Lot 41 and Lot#2 of the
Aspen Golf Course Subdivision,parcel numbers 2735-111-09-001.&2735-1.11-09-702,
including land within said Subdivision described as"golf course support area;"and,
WHEREAS,the application was referred to the relevant referral agencies
including the Fire Marshall, Colorado Department of Transportation,USWEST
Communications, the Pitkin County Community Development Department, Holy Cross
Electric,Aspen Consolidated Sanitation District,the Roaring Fork Transit Agency, City
Water Department,Environmental Health Department, City Engineering Department,
Parks Department, and the Building Department; and,
WHEREAS, said referral agencies and the Aspen Community Development
Department reviewed the proposed Conceptual PUD and recommended approval with
conditions; and,
WHEREAS,pursuant to Section 26.445 of the Land Use Code, Conceptual PUD
approval may be granted by the City Council at a duly noticed public hearing after
considering recommendations by the Planning and Zoning Commission,the Community
Development Director, and relevant referral agencies; and,
WHEREAS,Conceptual PUD review by the Planning and Zoning Commission
does not require a public hearing,but this application was reviewed under a public
hearing to garner input from surrounding property owners and other interested citizens;
and,
WHEREAS,during a regular meeting on February 15, 2000,the Planning and
Zoning Commission opened the public hearing to consider an overview presentation of
the project and continued the public hearing to March 7, 2000, to consider transportation
related issues, continued the public hearing to March 21-to consider recreation
components of the plan, and continued the public hearing to April 4,2000 to consider the
residential components of the plan and, by a six to zero(6-0)vote, recommended City
Council approve the Conceptual Planned Unit Development, with the findings and
conditions listed hereinafter; and,
Resolution No.41,Series of 2000
Page 1
WHEREAS, the Aspen City Council has reviewed and considered the
'- development proposal according to the provisions of Section 26.445,has reviewed and
considered the recommendation of the Planning and Zoning Commission,the Community
Development Director,and 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 Conceptual PUD
proposal,with the findings and conditions listed herein, is consistent with the goals and
elements of the Aspen Area Community Plan;and,
WHEREAS,the proposed development is further subject to Final PUD,
Rezoning, Subdivision, Growth Management, and Residential Design approval pursuant
to the Municipal Code; and,
WHEREAS, pursuant to Section 26.445 of the Land Use Code,this Conceptual
PUD approval shall allow the applicant to apply for a Final PUD Plan approval within
one year of the adoption date of this resolution, unless otherwise extended according to
the provisions of said section, except for"Phase Three"of the residential portion of the
project which may apply for Final PUD at any time with no one-year limitation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO as follows:
Section 1:
The City Council finds as follows with regard to the Conceptual PUD Plan for the Aspen
Golf and Tennis Club/Truscott Housing:
• Intersection and site access. The intersection design and entrance to the project shall
be a signalized light with a short intervening cycle for a 2-3 car cue and a built-in
delay for re-triggering the cycle. A sensing device that accounts for the traffic
volume on Highway 82 would be helpful in reducing delays. Other options that were
disposed-of for various safety, emergency access, and practicability reasons included
a stop sign(existing condition), an interchange, a %2 interchange, and a no left-turn
scenario. The intersection should be developed once and not in phases or in a manner
requiring multiple expenditures to rebuild the same improvements. This intersection
should be developed prior to initiating construction of the project. In fact,the
development team should be directed to finalize the intersection designs and proceed
to construction of this improvement as soon as possible. The concept of this proposed
development is not expected to change significantly during Final PUD review and the
intersection itself is not proposed on the Truscott site and not subject to a Final PUD
approval. A second but least desirable alternative,would be for flaggers to monitor
construction access throughout the project development.
• Transit Opportunities. The high percentage of existing Truscott residents that use
transit on a regular basis indicates this site as a good site for high-density affordable
housing. This site represents an opportunity for a true Transit Oriented Development
Resolution No.41,Series of 2000
Page 2
and for Transportation goals of the AACP to be realized. The use of internal remote
parking (on-site but not directly adjacent to the residences)will aid in promoting
transit usage as many residents' cars will be no more convenient than the free transit
service. No impact fee provision of the Land Use Code exists for transit impacts and
no impact assessment shall be paid, or otherwise accommodated,to the Roaring Fork
Transit Agency.
• Pedestrian connections. A Highway 82 underpass for pedestrians shall be
accomplished to ensure the highest level of safety. The location of the Highway 82
underpass is appropriate considering the limitations of the site although a location
east of the intersection would be closer to the residential development. The
pedestrian underpass under the entrance way is important in reducing the conflicts
between automobiles and bicyclists. To the extent practicable, the pedestrian
underpasses should be coordinated with construction of the intersection and of
infrastructure improvements.
• Parking Garages. A remote parking facility will serve community goals related to
infill housing and a study of appropriate locations for such a facility is underway.
This pending study may determine the Truscott site as a preferred location for such a
facility, but no determination on the best alternative has been finalized. The physical
design of the surface parking lot shall consider the possibility of a future parking
garage and shall not be developed in a manner that eliminates the future conversion.
The Final PUD application is not required to propose a structured parking facility.
Due to impacts on the tennis facility, no parking structure under the tennis courts
should be included in the Final PUD Plan.
• Recreation Parking. A capacity near that of the existing surface lot is expected to
adequately meet the demands of the recreation components of this plan. The tennis
facility is not expected to require additional parking and may even require fewer
parking spaces than the current ball field. The applicant should,however, investigate
ways to reduce parking demand by recreational users. Clear indication,and
enforcement, of the recreation parking lot is needed to prevent residents from using
this parking. A suggested solution would be to prohibit parking from 3 a.m. to 6 a.m.
and for a towing company to remove any offending cars. This method would also
allow for more efficient snow removal.
• Residential Parking. Single occupancy should be a priority for residential units
which have less convenient automobile access. Handicapped units should be assigned
parking in close proximity. A less than 1:1 ratio of parking spaces to residential units
may be appropriate if parking spaces are rented to residents rather than provided free
of charge. An increase in the internal street parking should be considered by the
applicant.
• Internal circulation. The internal three-way intersection needs to maintain clear
sight triangles. The landscape plan submitted for the final application should depict
this requirement. Strategies to reduce automobile speeds within the project should be
Resolution No.41,Series of 2000
Page 3
sought by use of a curved street, speed tables, and/or on-street parking. The final plan
should include figlted sidewalks or pathways.
• Infrastructure. In order to coordinate with pending scheduled upgrades and reduce
overall public costs,the applicant team is directed to design and install major
infrastructure to the extent that efficiencies are available. This will allow the utility
improvements to be completed with a"dig once"approach. The basic locations of
land uses and structures are not expected to change significantly during the Final
Review in a manner that would affect these utilities. The utilities should be designed
in a manner that does not prohibit, or significantly complicate, development of a
parking garage on the surface parking lot in the future. To the extent practicable,
every utility should be developed underground.
• Construction Plan. A construction plan describing timing of construction
components, areas of disturbance, contractor parking, and a physical plan for
maintaining adequate access,including emergency access, to land uses remaining
Active, including residential, during construction shall be provided with the Final
PUD application.
• Phasing.Plan. A detailed phasing plan that describes overall timing of specific
project phases, including the intersection,and describing construction affects on the
golf course operation and leaseholders shall be provided with the Final PUD
application.
l • Tennis courts. The six court plan with one court having stadium seating for events is
preferred.. If clay courts are developed,proper drainage should be included in the
designs. The design of these courts and surrounding landscape needs to address the
visual and noise impacts from Highway 82.
• Golf practice area. The location of the golf building and the pro-shop proximate to
the golf practice area will address the current conflicts with pedestrians, autos, and
golf carts.
• Servicing. The service area for the restaurant should be designed to reduce carrying
distances and to eliminate conflicts with outdoor seating. A service area attached to
the main building may accommodate these issues if a basement service area is
developed. Otherwise,the final plans should strive for easy service delivery,
especially to the restaurant. The service area needs to be developed in a flexible
manner that can accommodate a future parking garage. The final application should
depict adequate trash areas.
• Emergency access. The Final application should demonstrate adequate turning radii,
turn-around areas,,any pedestrian ways that double as emergency routes,and
maximum emergency vehicle-to-event distances required for adequate emergency
service.
• Clubhouse. The location of the clubhouse is appropriate considering the uses on the
parcel, circulation of carts, and the proximity to golf starts,the nordic facilities and
Resolution No.41,Series of 2000
Page 4
the tennis facilities. The architectural style presented in the application is preferred.
The plan also allows for Golf employees to monitor golf starts and for patrons to
observe golfers practicing, finishing, etc. from the restaurant.
• Restaurant. The restaurant.is expected to remain a use accessory to the recreational
facilities on the site by virtue of its location and size. Therefore,no special
restrictions shall be required,
• Outdoor spaces. The_drop-off area for the clubhouse to reduce conflict
between pedestrians, autos, and carts. The outdoor spaces for the residential portion
of the development shall accommodate play areas for children.
• Accessory uses. The amended location of the golf carts(north of the tennis courts) is
the next best location to the previous plan for storage under the clubhouse (see
attached drawings). The locker room facilities should be designed to accommodate
all of the intended uses. For residential, the"community center" should be
developed. Laundry facilities should be developed as needed.
• Administrative.Offices. The administrative offices for Golf, Housing, and a housing
maintenance shop should be located at this site. Affordable housing mitigation for
the associated employee generation should be provided as would be required for any
other office development.
• Jr. Golf Facility. Re-use of the existing pro-shop as the Jr. Golf facility is a good
idea and the building should be transferred. This Conceptual approval shall not
require use of this structure by Jr. Golf. Safety issues for children accessing the
recreational facilities from this location should be considered.
• Residential Aesthetics. The basic massing, scale,proportion, and heights are
acceptable. The design team should continue with the architectural style portrayed in
the Conceptual Plan. To accommodate the density goals while maintaining the
variable roof heights,the provision of a fourth floor should be considered.
• Residential. A high density re-development of Truscott represents an opportunity to
promote Transportation, Growth, and Housing Goals of the newly adopted AACP as
well as meeting the goals of the Interim Citizen Housing Plan. The project should
first and foremost strive for a high density. With a good design, a high density can be
achieved with a high level of"livability."To achieve a high level of livability, a
community center,play areas for children, and variable roof heights should be
accommodated. The concept of a possible fourth floor in some locations is
acceptable, subject to final review. A one parking space per residential unit ratio is
expected to be sufficient. Additional and short-term parking should be considered
along the internal street.
The preferred site plan is attached as Exhibit A to this Resolution. Possible
modifications within this general concept are expected and will be considered during
final review. The combination of Phases#1  should accomplish a range of 91
units/108 bedrooms to 108 units/120 bedrooms.
Resolution No.41,Series of 2000
Page 5
Phase 43 should include 75-85 units in the configuration, or closely related .
configuration, as presented with the same number of parking spaces in an
underground parking structure. Phase#3 is expected to occur in 2006 and this
conceptual approval shall allow for a Final PUD application to be submitted beyond
the one-year limitation of Conceptual approvals.
• Growth Management. This Conceptual Plan approval indicates the manner in which
the various components of this project will be reviewed under the Growth
Management Quota System. A final GMQS review shall be conducted during Final
PUD Plan review.
The residential portion of this development may be exempted from the scoring and
competition procedures of GMQS by the City Council upon a recommendation of the
Aspen/Pitkin County Housing Authority.
The Commercial portion of this development,which includes the pro-shop,the Jr.
Golf facility, and the restaurant,may be exempted from the competition and scoring
procedure of GMQS by the Community Development Director to the extent that no
additional commercial square footage is created(beyond what exists today) and that
affordable housing mitigation is provided for the commercial space as if it were
newly constructed. In determining this housing mitigation, 3.5 employees per 1000
square feet of net leasable space shall equal the number of employees generated. 60%
of the employees generated shall be mitigated. The mitigation may be provided via
construction of new units on-site, off-site, or by financial contribution to the
remainder of the I Truscott.Housing project. The occupancy standards of the Housing
Guidelines should�be used in determining the number of employees housed per unit
type.
The administrative offices may be exempted from the scoring and competition
procedures of GMQS by the City Council as "essential public facilities"upon a
finding that the impacts are adequately mitigated. The affordable housing impacts
should be mitigated at the same rate as other office development. The mitigation
methods for the commercial development, described above, should be used for these
facilities.
• Overall Plan. The proposed locations and intensities of land uses proposed in the
conceptual PUD are appropriate. The Conceptual Plan approval applies to the entire
development, including all portions of recreation,residential, accessory uses, and
phasing. The Final application shall be reviewed as one aggregate project. This will
allow the entire plan to be contemplated as a"total package." In the alternative,
Phase#3 Housing may be removed from the Final PUD application and be submitted
closer to the time of actual construction.The Conceptual PUD approval shall grant
the applicant the ability to apply for a Final PUD on Phase #3 Housing at any time,
including beyond the one-year anniversary of Conceptual Plan approval.
Resolution No.41, Series of 2000
Page 6
Section 2:
Pursuant to Section 26,445,and to the findings set forth in Section One above,the Aspen
City Council hereby grants Conceptual Planned Unit Development approval for the Aspen
Golf and Tennis Club/Truscott Housing project,subject to the following conditions:
1. The Final PUD application shall reflect and demonstrate compliance with the
findings of the City Council,as described above.
2. The Final PUD application shall include:
a. An application for Final PUD, Subdivision,Rezoning, Special Review for
parking, Growth Management,and Residential Design Standards. A pre-
application conference with a member of the Community Development
Department is required prior to submitting an application;
b. Delineation of all dimensional provisions to become requirements of the PUD.
c. A proposed subdivision plat and PUD plans.
d. Responses to the referral memoranda from the City Transportation/Parking
Department and the City Environmental Health Department.
e. A construction plan describing timing of construction components, areas of
disturbance, contractor parking, and a physical plan for maintaining adequate
access, including emergency access,to land uses remaining active during
construction shall be provided with the Final PUD application.
L A detailed phasing plan that describes overall timing of specific project
phases, including the intersection, and describing construction affects on the
golf course operation and leaseholders.
Section 3:
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 the- Planning and Zoning Commission, and or 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 4:
This Resolution shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 5:
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.
Resolution No.41,Series of 2000
Page 7
Section 6:
A duly noticed public hearing on this Resolution was held on the 24th day of April,2000, at
5:00 in the City Council Chambers,Aspen City Hall,Aspen,Colorado.
FINALLY,adopted,passed and approved this�day of , 2000.
Approved as to form: Approved as to content:
CityA-W6'rn`ey7 Rache E.Richards,Mayor
Attest:
Kathryn S.Jach,City Clerk
Attachments:
A--Annotated Conceptual Plan
C:\home\CHRISB\CASE9\TktJSC07n,CC RESO.doc
Resolution No.41,Series of 2000
Page 8
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ORDINANCE NO. 34
(SERIES OF 2000)
AN ORDINANCE,OF THE CITY COUNCIL OF THE CITY OF ASPEN
APPROVING THE ASPEN GOLF AND TENNIS CLUB/TRUSCOTT HOUSING
FINAL PLANNED UNIT DEVELOPMENT,SUBDIVISION,REZONING,AND
EXEMPTIONS FROM THE SCORING AND COMPETITION PROCEDURES
OF THE GROWTH MANAGEMENT QUOTA'SYSTEM.
WHEREAS,the Community Development Department received an application
(the application)from the City of Aspen and the Aspen/Pitkin County Housing Authority,
applicant, for a Final Planned Unit Development(PUD)approval, Subdivision approval,
Rezoning approval, Special Review for parking, Residential Design Standards Review,
Growth Management Quota System exemption for reconstruction commercial square
footage, and an affordable housing exemption from the scoring and competition
procedures of growth management for redevelopment of the Aspen Golf Course parking
lot, golf support areas, and Truscott Affordable Housing to include additional affordable
housing and recreational facilities on land currently described as Lot#I and Lot#2 of the
Aspen Golf Course Subdivision,parcel numbers 2735-111-09-702&2735-111-09-001,
including land within said Subdivision described as"golf course support area;"and,
WHEREAS,pursuant to Aspen City Council Resolution No. 41, Series of 2000,
the Truscott Affordable Housing and Aspen Golf and Tennis Club project(the project)
was granted Conceptual PUD approval; and,
WHEREAS,the Conceptual PUD approval considered three phases of housing
development with the specific understanding that the third phase is not expected to occur
until 2006 and that the Conceptual approval allowed for a Final Development Plan to be
submitted for said third phase at anytime, combined with the Final PUD application or as
a separate application, including beyond the one year limitation of Conceptual approvals;
and,
WHEREAS,the application includes only the first and second phases of
residential development and the third phase,to be located on proposed Lot#2 of the
Third Amended Plat of the Aspen Golf Course Subdivision Plat, shall remain subject to
Final Development Plan approval and subject to City Council Resolution No. 41, Series
of 2000; and,
WHEREAS,pursuant to Section 26.304.060 of the Land Use Code, and in
consultation with the applicant,the Community Development Director has permitted a .
modification in review procedures to combine the Special Review for parking and the
Residential Design Standards review with the Planned Unit Development review and the
e
growth management exemption review for reconstruction of commercials square footage
g
with the affordable housing growth management exemption review for the purposes of '
ensuring economy of time and clarity; and,
WHEREAS, such review procedure modification has not lessened any public
hearing noticing or any scrutiny of the project as would otherwise be required; and,
Ordinance No.34, I Illlll VIII �IIIII VIII VIII! VIII Ilill III Illil 1111 Ill!
Series of 2000. Page 1
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WHEREAS,the application was referred to the relevant referral agencies
�.. including the Fire Marshall, Colorado Department of Transportation, USWEST
Communications,the Pitkin County Community Development Department,Holy Cross
Electric,Aspen Consolidated Sanitation District,the Roaring Fork Transit Agency, City
Water Department, Environmental Health Department, City Engineering Department,
Parks Department, and the Building Department; and,
WHEREAS, said referral agencies and the Aspen Community Development
Department reviewed the proposed Final PUD and recommended approval with
conditions; and,
WHEREAS,pursuant to Section 26.304 of the Land Use Code,Final PUD,
Subdivision, Rezoning approval may be granted by the City Council at a duly noticed
public hearing after considering a recommendation by the Planning and Zoning
Commission made at a duly noticed public hearing,relevant referral agencies,the
Community Development Director, and testimony by the general public; and,
WHEREAS,during a regular meeting on June 20,2000,the Planning and Zoning
Commission opened the public hearing to consider an overview presentation of the
project and continued the public hearing to July 11,2000, to consider the project in total
and testimony by the general public, and continued the public hearing to July 18,2000,
and, by a three to two (3-2) vote,recommended City Council not approve the Final PUD,
Subdivision,and Rezoning of the Aspen Golf and Tennis/Truscott Affordable Housing
project;and,
WHEREAS,during a meeting on July 25, 2000,the Planning and Zoning
Commission decided to reconsider the denial recommendation and continued the
reconsideration hearing to August 1, 2000; and;
WHEREAS,during a regular meeting on August 1,2000,the Planning and Zoning
Commission re-considered the recommendation to City Council and recommended,by a
seven to zero (7-0)vote, City Council approve the Final PUD, Subdivision,and Rezoning
of the Aspen Golf and Tennis/Truscott Affordable Housing project, subject to conditions
of approval listed hereinafter.
WHEREAS,pursuant to Section 26.304 of the Land Use Code, City Council may
exempt affordable housing in compliance with the Aspen/Pitkin County Housing
Authority Guidelines after considering a recommendation from the Aspen/Pitkin County
Housing Authority and the comments offered by the general public at a duly notice public
hearing; and,
WHEREAS,the Aspen/Pitkin County Housing Authority has recommended
approval of the project; 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 of the Planning and Zoning Commission,the
Aspen/Pitkin County Housing Authority, the Community Development Director, the
applicable referral agencies, and has taken and considered public comment at a public
hearing; and,
Ordinance No.34,
Series of 2000. Page 2
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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 Ordinance furthers and is necessary
for the promotion of public health,safety,and welfare.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN,COLORADO as folIowsc
Section 1:
The Truscott Affordable Housing and Aspen Golf and Tennis Club Redevelopment
Planned Unit Development, Subdivision, Rezoning, and exemptions from the Growth
Management Quota System are hereby approved, subject to the conditions of approval
listed hereinafter.
Section 2:
The Official Zone District Map of the City of Aspen shall be and is hereby amended by
the Community Development Director to reflect Lots 2,3, and 4 of the Aspen Golf
Course Subdivision, City of Aspen,as included in the Residential Multi-Family—
Planned Unit Development Housing(RMF-PUD);to reflect a Planned Unit Development
(PUD) Overlay designation on all portions of Lot#1; and,to amend the Golf Course
Support(GCS) Overlay on Lot#1 consistent with the area described on the Third
Amendment Plat of the Golf Course Subdivision.
Section 3•
Conditions of Approval:
1. Within 180 days after final approval by City Council and prior to applying for a
Building Permit,the applicant shall record a Subdivision Plat and Final PUD
Development Plan. The Subdivision plat shall include easements and signature
blocks for any utility mains that are intended to serve adjacent parcels or include
easements to the benefit of any jurisdiction other than the City of Aspen. The Final
PUD Plans shall include an illustrative site plan,landscape plan,architectural
character plan,a utility plan,a grading/drainage mitigation plan,and an exterior
lighting plan. The PUD Plans shall describe Lot#2 as"Phase Three Housing"and
remaining subject to Final Development Plan approval. The landscape plan shall
include a signature line for the City Parks Director.
2. The applicant shall provide the final approved Subdivision line data or survey
description data describing the revised subdivision boundaries and the revised Golf
Course Support Area(GCS)Overlay to the Geographic Information Systems
Department prior to applying for a building permit. The final building location data, °
including any amendments,shall be provided to the GIS Department prior to
issuance of a Certificate of Occupancy for any of the housing units.
Ordinance No.34,
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3. A revised lighting plan shall be approved by the Planning and Zoning Commission
and recorded as an addendum to the Final PUD Plans prior to issuance of a building
permit. An appeal of the Commission's decision may be considered by the City
Council.
4. Within 180 days after final approval by City Council and prior to applying for
Building Permit,the applicant shall record a Subdivision/PUD Agreement binding
this property to this development approval. The Agreement shall include the
necessary items detailed in Section 26.445.070, in addition to the following: The
agreement shall state the ownership and maintenance responsibilities of the
common areas of the project. The Agreement shall describe the provisions
applicable to the un-approved Phase#3 of the residential development remaining
subject to Final Development Plan approval. The agreement shall include the
draft construction schedule and shall require approval by the Community
Development Department for any substantial changes to the schedule or areas of "
disturbance.
5. The Final PUD approval is subject to approval of an addendum Transportation
Demand Management Plan by the City Council after conducting a joint meting
with the Planning and Zoning Commission and the Aspen/Pitkin County Housing
Authority Board. Said plan shall describe strategies to reduce automobile usage
that will be implemented by the owner/operator of each individual lot(residential
and recreational),any shared responsibilities,and shall include an amendment
procedure. The Plan shall be approved prior to occupancy of the residential
portion of the development.
6. The applicant shall be required to maintain adequate emergency access to and
within all areas of the site including plowing,if necessary,the access road across the
golf course in a manner determined adequate by the Aspen Fire District and the
Pitkin County Disaster Coordinator. Failure to maintain this access in an acceptable
condition shall result in an immediate stop work order. Any actions required by the
City in reinstating proper access shall be at the sole cost of the applicant. The
primary contractor should be notified of this provision and to any provision of their
service contract that indicates monetary responsibility for reinstating the access.
7. The public trail system shall remain open during construction. Alternate route
designs shall be approved by the City Parks Department and shall be clearly signed.
8. Final trail designs and specifications shall be approved by the City Trail
Coordinator prior to start of construction. Restoration of trail shoulders and
surrounding vegetation shall be included in the trail designs. Manhole locations
shall not coincide with trails. The trail designs shall coordinate with the Entrance
to Aspen Maroon Creek Bridge pedestrian crossing plans being prepared by
CDOT. {
9. The wetlands shall be designed in with the City Parks Department
and the City Engineer to ensure sediment-loaded drainage does not enter Maroon
Creek. The applicant shall be responsible for acquiring any necessary Federal l
permits.
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10. The Final PUD plans shall indicate bicycle racks near the clubhouse and tennis
complex, show bicycle rack location near the housing development,and a
drinking fountain near the tennis facility.
11. The applicant shall coordinate utility plans and specifications with the City Water
and Aspen Sanitation District, including manhole locations,in order to schedule
the proposed Fall start date.
12. The building permit application shall include/depict:
a) A letter from the primary contractor stating that the approving Ordinance has
been read and understood.
b) A signed copy of the final Ordinance granting land use approval and a signed
copy of the PUD/Subdivision Agreement.
c) A fugitive dust control plan approved by the Environmental Health Department
which addresses watering of disturbed areas including haul roads,perimeter
silt fencing,daily cleaning of adjacent rights-of-way, speed limits within and
accessing the site,and the ability to request additional measures to prevent.a
nuisance during construction.
d) A payment for school land dedication in the amount of$51,787. Building
permit fees and land use fees shall not be required as those fees are waived by
City Council.
e) A soil and sand interceptor in the cart barn and an oil and grease interceptor in
the restaurant.
13. The recreational parking area shall be routinely cleared of any non-permitted cars.
Accommodation for permitted overflow parking from the Burlingame Seasonal
Housing shall be provided in the recreational parking lot during the winter season
until such time as the overflow parking is moved or is no longer needed.
14. The four drop-off parking spaces within the housing development shall be signed
for"15 minute parking only." No parking shall be permitted along the internal
streets outside of designated parking areas. Both of these provisions shall be
enforced by the housing property manager.
15. Surface residential parking that becomes available with the completion of the future
Phase Three housing development shall become available as"remote parking"to
the benefit of infill development projects and shall not become excess or overflow
parking for Truscott residents. i
F
16. The surface parking lot,as depicted in the final development application and '
intended to serve both recreation and residential parking demand,shall be developed
with the flexibility to accommodate the findings of the remote parking study and not
preclude a future partial or full upper deck.
17. The winter season overflow parking obligation for the Burlingame Seasonal
Housing project(expected to be 30-40 cars)shall be accommodates on-site or at
another in kind site through the construction phases of Truscott. This obligation
shall be noted in the PUD Agreement and any on-site provision shall be noted in the
Construction Management Plan.
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18. The trash containers provided on-site shall be"bear proof,"meeting the standards of
Ordinance 13, Series of 1999.
19. During construction,construction staging, contractor parking shall be limited to
the site and areas identified in the Construction Management Plan,appended to
the PUD Agreement. The construction disturbance areas may be amended by the
Community Development Director. The applicant shall encourage contractors to
car-pool,and/or use of the daily parking lots at the airport park-and-ride. At no
time shall contractor parking along State Highway 82 be permitted.
20. The applicant shall wash tracked mud and debris from the street as necessary, and
as requested by the City, during construction.
21. The applicant shall record the Planning and Zoning Resolution with the Pitkin
County Clerk and Recorder located in the Courthouse Plaza Building. There is a
per page recordation.fee. In the alternative,the applicant may pay this fee to the
City Clerk who will record the resolution.
22. Any substantial modification to the architecture of the project or of the exterior
materials shall require review and approval by the Planning and Zoning
Commission.
Section 4•
Ninety-nine (99) permanently deed restricted affordable housing rental units, as
proposed on the Truscott site, are hereby exempted from the scoring and
competition procedures of growth management. The reconstruction of net leasable
commercial square footage in the proposed restaurant and pro-shop is hereby
exempted from the scoring and competition procedures of growth management
conditioned upon the provision of the necessary subsidy to house 7.4 employees in
the Truscott project from the Recreation budget to the Housing budget in a form
agreed to by both parties. The decommissioned restaurant area in the Truscott 100
building may operate as a community meeting area but shall be prohibited from
operating as a commercial venture, excluding any pre-existing leases. No additional j
commercial leases or lease extensions shall be approved for this decommissioned !
space.
Section 5•
All material representations and commitments made by the developer pursuant to
the development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Community Development Department or the
Aspen 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
other specific conditions.
Section 6•
This Ordinance shall not effect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the
ordinances repealed or amended as herein provided, and the same shall be conducted
and concluded under such prior ordinances.
Ordinance No.34, lll I (�il' �11 l 1���� �II 'lil'
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Seetion 7•
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 8:
That the City Clerk is directed,upon the adoption of this Ordinance,to record a copy
of this Ordinance in the office of the Pitkin County Clerk and Recorder.
Section 9•
A public hearing on the Ordinance was held on the 14"day of August, 2000, at 5:00
in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days
prior to which hearing a public notice of the same was published in a newspaper of
general circulation within the City of Aspen.
INTRODUCED,READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the V day of August,2000.
Attest°..,
ntS..K ' ,City Clerk
chel E.Richards, or
CC.;n •�d0,',
FINALLY,adopted,passed and approved this 10 day of August,2000.
w
Attest:
• 15. "5h,City Clerk R chel E.Richards
Ma or
J
A'Plir�v'pol to form:
C
C:\home\Chris\CASES\Tniscott-Final\Ordinance.doc
Ordinance No.34
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26.445.100 Amendment of PUD development order.
A. PUD Insubstantial Amendments.
An insubstantial amendment to an approved development order for a final development plan
may be authorized by the Community Development Director. The following shall not be
considered an insubstantial amendment:
1. A change in the use or character of the development.
2. An increase by greater than three (3)percent in the overall coverage of structures on the
land.
3. Any amendment that substantially increases trip generation rates of the proposed
development, or the demand for public facilities.
4. A reduction by greater than three (3)percent of the approved open space.
5. A reduction by greater than one (1)percent of the off-street parking and loading space.
6. A reduction in required pavement widths or rights-of-way for streets and easements.
7. An increase of greater than two (2) percent in the approved gross leasable floor area of
commercial buildings.
8. An increase by greater than one (1) percent in the approved residential density of the
development.
9. Any 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.
B. Other amendment.
An amendment found to be consistent with or an enhancement of the approved final
development plan by the Community Development Director, but which does not meet the
established thresholds for an insubstantial amendment, may be approved, approved with
conditions, or denied by the Planning and Zoning Commission, at a public hearing pursuant to
Section 26.445.030(C) Step 3. The action by the Planning and Zoning Commission shall be
considered the final action, unless the decision is appealed.
An applicant may appeal an amendment determination made by the Planning and Zoning
Commission to the City Council. In this case, the determination made by the Planning and
Zoning Commission shall be considered a recommendation and the amendment shall be subject
-to-final development plan rev_iew an_ d-approval_ by the City Council, pursuant to Section
26.445.030(C) Step 4.
An amendment found to be inconsistent with the approved final development plan by the
Community Development Director shall be subject to final development plan review and
approval by the Planning and Zoning Commission and City Council, pursuant to Section
26.445.030(C) Steps 3 and 4.
P
During the review of the proposed amendment, the Planning and Zoning Commission and City
Council may require such conditions of approval as are necessary to insure that the
development will be compatible with current community circumstances. This shall include, but
City of Aspen Land Use Code. August,2007.
Part 400,Page 111