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HomeMy WebLinkAboutcoa.lu.rz.10 Truscott Pl.A077-01 ,~ CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY ,'~ A077.01 2735-111.09001 Junior Golf Offices Rezoning, Special Review, GMQS Exe Truscott Place James Lindt Rezoning, Special Review, GMQS Exemption City of Aspen Golf 7/22/02 Ord,7-2002 Approved 7/24/02 J, Lindt '-r) 'li"""\ ------ r\ n r"'1 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. f"""'i ./ City of Aspen, 130 S, Galena Street, Aspen. CO 8161 I Property Owner's Name, Mailing Address and telephone number Lot lB. Aspen Golf Course Subdivision Legal Description and Street Address of Subject Property Subdivision of lot I to create lots lA and IE. Rezoning to Public Zone District. PUD Amendment to establish dimensional requirements as existing conditions Written Description of the Site Specific Plan and/or Attachment Describing Plan City Council Ordinance #7, Series of2002, 7/22/02 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) August 3, 2002 Effective Date of Development Order (Same as date of publication of notice of approval.) ~ August 4, 2005 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 this 3rd day of August, 2002, by the City of Aspen Community 9 elopment n.j~tor. e Ann Woods, Communi ~ -"'}~"" ("";, " . I.. ' ("') MEMORANDUM /JrFf1 V'O J &i! J' Mayor and City Council y J~iI\. Jl7~ ctCtl ~ Julie Ann Woods, Community Development Director n/ /1 ~ Joyce Ohlson, Deputy Director 7 ~ I James Lindt, Planner Uv , - =:; f v.:: \'~ l'\ t: I ;-e,ct~ e.- Junior Golf Offices Rezoning, Subdivision, PUD Amendment- 2nd Rea~g~ I ~ l-'el1 S t" Ordinance No. 10, Series of2002- Public Hearing, Continued from July 8th CV!JVI(!..>e.lMei/1 TO: THRU: FROM: RE: DATE: July 22, 2002 ApPLICANT /OWNER: City of Aspen Recreation Department REPRESENTATIVE: Steve Aitken, Aspen Golf Course Director; Tim Anderson, Recreation Director LOCATION: Former "Aspen Municipal Golf Course Pro Shop" PARCEL ID NUMBER: 2735.111.09.001 CURRENT ZONING: Park with Golf Course Support and PUD Overlays PROPOSED ZONING: Public (PUB) Zone District with a PUD Overlay, SUMMARY: The applicant requests to rezone the fonner "Aspen Municipal Golf Pro Shop" from the Park Zone District with Golf Course Support and PUD (GCS. POO) Overlays to the Public (PUB) Zone District with a POO Overlay, and subdivide Lot I of the Aspen Golf Course Subdivision, This will allow for Aspen Junior Golf to purchase the fonner Pro Shop building in fee simple ownership, An amendment to the approved Truscott Planned Unit Development is also required to assign the newly created lot allowable dimensional requirements, ApPROVED AND CURRENT LAND USE: Golf Pro ShoplNordic Center PROPOSED LAND USE: Commercial/Office Space for Private Non-Profit Entities SUMMARY: The City of Aspen Recreation Department requests to further subdivide Lot I of the Aspen Golf Course Subdivision to allow for the sale of the former Golf Course Pro Shop to Aspen Junior Golf for use as commerclaVoffice space for private non.profit uses that provide a community service, such as Aspen Junior Golf. The applicant is requesting to rezone Lot IB that would be created by the proposed ,,,,...., o subdivision, to the Public (PUB) Zone District. The Public Zone District allows for "Public and Private Non-profit uses providing a community service" as a permitted use, The applicant intends to use the former pro shop building as commercial/office space for Aspen Junior Golf, as well as, for another non-profit entity that has yet to be determined. The applicant requests approval of the following land use actions for the former Golf Pro Shop located at the Aspen Municipal Golf Course: ~ Rezoning from Park with GCS (Golf Course Support) and POO Overlays to PUB (Public) with a POO Overlay; ~ Subdivision- Subdivide Lot 1 of the Aspen Golf Course Subdivision to create a new lot allowing for the City to sell the former Golf Pro Shop structure, as well as the land beneath the structure to Aspen Junior Golf; and, ~ POO Amendment to allocate allowable dimensional requirements for the newly created lot. REVIEW PROCEDURE Subdivision, Rezoning, PUD Amendment (Two Step Review). City Council may approve, approve with conditions, or deny an application for rezoning, subdivision, and a PUD amendment after considering a recommendation from the Planning and Zoning Commission, a recommendation from the Community Development Director, and after considering public comment. Staff Comments: Subdivision: The applicant requests to subdivide Lot 1 of the Aspen Golf Course Subdivision to create a new Lot lB based around the footprint of the former Golf Pro Shop building. The subdivision of this property would allow the City to sell the structure and the land beneath it to Aspen Junior Golf, Staff feels that the proposed application meets the applicable subdivision review standards and finds that the character of the proposed use of private non- profit entities that provide a community service is consistent with the public oriented nature of the surrounding golf course and affordable housing, The newly created lot is proposed large enough to provide a ten-foot buffer around the structure which is necessary to avoid additional fire proofing of the exterior walls and entrance ways. The Uniform Building Code requires that a structure that houses an office use to be fire protected if it is within ten feet of a lot line, A 24' wide private access easement for the benefit of Lot lB is proposed to be overlayed over an existing access easement that benefits Lots 2-5, The creation of this easement will allow employees and patrons of Lot lB entrance to the structure, as well as, vehicular entrance into the shared recreation parking facility as shown on the plat that was provided with the application at First Reading. The City of Aspen Engineering Department and utility agencies affected by the proposed subdivision have been consulted and their comments are represented on the draft plat (referral comments are attached as Exhibit "E"), 2 ,,..,....,. tj Staff believes that the proposed application furthers several of the Aspen Area Community Plan goals. The Aspen Area Community Plan calls for development that enhances the "growth and development of outdoor recreation through expanded partnerships among governmental agencies, non-profit organizations, and the general citizenry"(AACP Parks, Open Space, and Environment Intent Statement, p.34), Staff believes that the proposed application furthers the aforementioned intent statement and "ensures the provision of public facilities and services to sustain arts, culture, and education in the Community"(AACP Arts, Culture and Education Goal E, p.46), The citizens of the City of Aspen voted on and approved the sale of the building and the land beneath it by the City of Aspen to Aspen Junior Golf. Staff feels that the proposed subdivision application is in keeping with the citizen's intentions as represented in the aforementioned vote. Staff also finds that the proposed subdivision is in compliance with all of the provisions of the Land Use Code. The minimum lot size and allowable floor area ratio in both the Park Zone District in which the property is currently zoned and the Public (I'VI3) Zone District in which the property is proposed to be rezoned to, are both required by the Land Use Code to be established by a site specific development plan. Therefore, regardless of the parcel's zoning and the outcome of the associated rezoning application, the allowable dimensional requirements are to be set through a PUD Amendment. Rezoning: Staff believes that the City of Aspen Recreation Department's request to rezone the former Golf Pro Shop to the Public (PUB) Zone District with a PUD Overlay, for the purpose of allowing it to be used as office/commercial space for Aspen Junior Golf and another non- profit entity is compatible with the surrounding land uses. Currently, the office/commercial space for Aspen Junior Golf could be located in the structure without rezoning the property because the Junior Golf use would be classified as an accessory use to the Golf Course, Aspen Junior Golf anticipates that it would like to lease a portion of the space to another private non-profit entity that mayor may not be accessory to the Golf Course. The Public Zone District would allow for private non-profit uses that provide a COIlllnunity Service as a permitted use. Therefore, the applicant is requesting to rezone the newly created lot to the Public (PUB) Zone District with a PUD Overlay, Staff feels that the former Golf Pro Shop is an ideal and sensible location for Aspen Junior Golf to be located. The applicant has consented to limit the space to be leased out to no more than 50% of the building's 1,248 net leasable square feet and limit the use of the non- profit entity to lease the space to an arts, cultural, or recreational oriented entity, Staff is proposing a condition of approval be placed on the subdivision application that requires a perspective tenant in the building to be reviewed and found to provide a community service by the Community Development Director through the issuance of a business license. Staff believes that this condition will insure that the use of the space remains in compliance with the intent of the Public Zone District. 3 f\ F"'l , Staff believes that the proposal helps Aspen Junior Golf to flourish in teaching the community's youth appreciation for Aspen's recreational resources and encouraging the youth to be involved in recreational activities, Staff also feels that the proposal furthers the MCP Parks and Open Space Intent Statement that "encourages growth and development of outdoor recreation through expanded partnerships among government agencies, non-profit organizations, and the general citizenry", In addition, Staff also believes that the proposed rezoning application meets the Aspen Area Community Plan's (AACP) Economic Sustainability Chapter goal that calls for government to "support a diverse business and nonprofit community". Staff finds that the proposed application for rezoning meets the applicable review standards set forth in Land Use Code Section 26.310.040, Planning and Zoning Commission Concerns: The Planning and Zoning Commission recommended that City Council approve the proposed rezoning application, However, the Planning and Zoning Commission did express concerns about the uncertainty surrounding the non-profit entity to occupy a portion of the former "Pro Shop" space, Staff has proposed a condition of approval that any future non- profit tenant be reviewed and approved by the Community Development Director, The Director must find the tenant to be providing a community service as the Public Zone District requires. The Commission also requested that the Community Development Director pay special attention to the traffic and parking impacts in reviewing any business license request for the subject space. It is within the Community Development Director's authorities to interpret, approve, or deny proposed uses that fall under the permitted use category in a zone district and this will occur when the use is proposed, PUD Amendment: Because the land to be subdivided is part of the existing Truscott Planned Unit Development, the applicant must amend the site-specific development plan to set dimensional standards for the newly created lot. The applicant is proposing that the allowable floor area for the newly created lot are its existing conditions. The applicant is also proposing that the minimum lot size be set at 3,897 square feet which is the lot size of the proposed new lot lB. This will prevent Aspen Junior Golf from expanding the existing Structure without gaining approval for growth management and a PUD amendment to determine the impacts of any proposed expansion. Establishing the existing conditions as the allowable dimensional requirements will also insure that the impacts of any future expansion to the structure will be mitigated for appropriately. Staff is proposing a condition of approval that requires the applicant to place a note on the plat that limits the allowable floor area ratio for the newly created lot to it's existing conditions. ISSUES RAISED AT FIRST READING: City Council raised several issues at the First Reading of the proposed ordinance, Among the issues raised at first reading were questions about the financial wherewithal of Junior Golf and whether the City would have first right of refusal on the sale of the Structure, A question also surfaced about the rent amount that Junior Golf would charge to sublease the space, These aforementioned concerns will be addressed by golf staff in the review of the sale contract that will appear on City Council's agenda under Action Items later this evening, 4 r-.. t ,) r\ Councilman Paulson also asked if the proposed use for the unidentified tenant could be a winter use, If the proposed rezoning application to the Public Zone District is approved, then the owner would be able to place any tenant in the Structure that meets the Land Use Code's definition of a non-profit organization and that serves a "community purpose" as is determined by the Community Development Director. Therefore, it would be the owner's decision as to whether a winter use would be incorporated as a tenant in the building. However, the owner would only be able to lease out 50% of the net leasable square footage regardless of the season. STAFF ANALYSIS SUMMARY: Staff finds that the proposed rezoning application meets or exceeds the requirements set forth in Land Use Code Section 26,310.040, to approve an amendment to the official zone district map, Staff also finds that the proposed subdivision and PUD amendment meets the respective criteria to approve the proposed application. Staff recommends that the City Council approve the proposed rezoning, subdivision, and PUD amendment application with the conditions set forth in the proposed ordinance. Please see Exhibits B, C, and D for findings. STAFF RECOMMENDATION: Staff recommends that City Council approve with conditions the proposed rezoning to the Public Zone District with a PUD Overlay, the subdivision of Lot I of the Aspen Golf Course Subdivision as shown on the proposed plat (provided at first reading), and a PUD amendment to establish the allowable dimensional requirements for the newly created lot as its existing conditions, PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission recommends that City Council approve with conditions the proposed subdivision, rezoning, and PUD amendment application. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No. _' Series of 2002, approving with conditions the proposed application to subdivide Lot I, Aspen Golf Course Subdivision into Lots IA and IB, and to rezone the newly created Lot lB to the Public Zone District with a PUD Overlay, and to amend the Truscott Planned Unit Development to establish the allowable floor area for the newly created Lot IB as its existing conditions." ATTACHMENTS: EXHIBIT A -- PROPOSED ORDINANCE REVIEW CRITERIA & STAFF FINDINGS: EXHIBIT B -- SUBDIVISION EXHIBIT C -- REZONING EXHIBIT D -- PUD AMENDMENT SUPPORTING DOCUMENTS: EXHffiIT E - APPLICATION AND REFERRAL AGENCY COMMENTS EXHIBIT F -- PLANNING AND ZONING COMMISSION RESOLUTION 5 r-. 1""'\ ORDINANCE NO. 10 (SERIES OF 2002) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING AN APPLICATION TO SUBDIVIDE LOT 1, ASPEN GOLF COURSE SUBDIVISION INTO LOT lA AND LOT tB, ASPEN GOLF COlJR.SE~UBD"[\lJSION, AND TO REZONE THE FORMER GOLF PRO SHOP (NEWLY CREATED LOT tB) FROM PARK WITH A GCS-PUD (GOLF COURSE SlJPPORT) OVERl.AY TO THE PUBLIC (PUB) ZONE DlSTRICTWITHAPUD OVERLAY, AND TO AMEND THE TRUSCOTT PLANNED UNIT DEVELOPMENT TO ESTABLISH ALLOWABLE DIMENSIONAL REQUIREMENTS ONTfIENEwLY CREATI!;J:) LOT tB , ASPEN GOLF COURSE SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. EXHIBIT A ParcelID: 2735-III-09-001 WHEREAS, the Community Development Department received an application from the City of Aspen Recreation Department, represented by Steve Aitken, requesting to subdivide Lot I, Aspen Golf Course Subdivision into Lot IA and Lot IB, and to rezone the former Aspen Municipal Golf Course Pro Shop (newly created Lot I B) from the Park Zone District with a GCS (Golf Course Support) and POO Overlay to the Public (PUB) Zone District with PUD Overlay, and to amend the Truscott PUD to establish allowable dimensional requirements for the newly created Lot 1B, Aspen Golf Course Subdivision; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Waste District, City Engineering, Fire, Parks, Building and Water Departments; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval for the proposed subdivision, rezoning of Lot IB from the Park Zone District with a GCS (Golf Course Support) and aPUD Overlay to the PUB (public) Zone District with PUD Overlay, and PUD amendment to establish allowable dimensional requirements for the newly created Lot 1B; and WHEREAS, the Planning and Zoning Commission forwarded a recommendation of approval, by a vote of six to zero (6 - 0), recommending that City Council approve with conditions the proposed subdivision of Lot I, Aspen Golf Course Subdivision into Lots IA and IB, Aspen Golf Course Subdivision, the proposed rezoning of the newly created Lot IB to the Public Zone District with a POO Overlay, and the proposed PUD Amendment to set the allowable dimensional requirements for the newly created Lot IB as the site's existing conditions; 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 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, 7 1""'\ ,~ I 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 RESOLVED BY THE ASPEN CITY COUNCIL AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Section 26.480 of the City of Aspen Land Use Code, the proposal to subdivide Lot I, Aspen Golf Course Subdivision, into Lots IA and IB, Aspen Golf Course Subdivision is approved with the following conditions: I, Within 180 days after final approval by City Council, the applicant shall record an amended Aspen Golf Course Subdivision plat that reflects the approved subdivision, 2, The amended plat shall include a plat note limiting the allowable floor area of the newly created Lot IB of the Aspen Golf Course Subdivision to it's existing conditions, 3, The applicant shall provide the final approved line data (in electronic format) describing the revised subdivision boundaries and zoning to the Geographic Information Systems Department prior to the sale of the newly created Lot IB. 4, The City of Aspen shall grant a 24' wide private access easement across Lot IA for the benefit of the owner of Lot IB, Aspen Golf Course Subdivision. Such access easement shall be included in the plat to be recorded. 5, The Community Development Director shall determine through the administration of a business license, if an additional non-profit tenant(s) provides a "community service" prior to approval, Section 2 Pursuant to the procedures and standards set forth in Section 26.310 of the City of Aspen Land Use Code, the proposal to rezone the newly created Lot IB, Aspen Golf Course Subdivision, from the Park Zone District with a Golf Course Support and PUD Overlay to the Public (PUB) Zone District with a pun Overlay is approved, Section 3 Pursuant to the procedures and standards set forth in Section 26.445 of the City of Aspen Land Use Code, the proposed PUD amendment to establish the allowable dimensional requirements for the newly created Lot IB is approved with the following conditions: L The approved dimensional requirements for the newly created Lot IB, Aspen Golf Course Subdivision shall be as follows: Minimwn Lot Size: 3,897 square feet External Floor Area Ratio: Existing Conditions Minimwn Setbacks: Existing Building Footprint 8 ,r-., n; Maximum Height: Existing Conditions 2. Within 180 days after final approval by City Council, the applicant shall record an amended SubdivisionIPUD Amendment Plat that reflects the approved amendments to the Truscott Planned Unit Development. 3. The owner/occupant of the former Golf Pro Shop shall have the right to utilize parking in the shared Truscott recreation parking lot. Section 4: 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 construed and concluded under such prior ordinances, Section 5: 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. A public hearing on this ordinance was held and tabled on the 22nd day of April, 2002, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, A public hearing on this ordinance was held and tabled on the 8th day of July, 2002, in City Council Chambers, Aspen City Hall, Aspen, Colorado, ' A public hearing on this ordinance was held on the 22nd day of July, 2002, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 25th day of March, 2002, Helen Kalin KIanderud, Mayor Attest: Kathryn S. Koch, City Clerk 9 ~ c ' ,t) FINALLY, adopted, passed and approved this 22nd day of July, 2002. Helen Kalin Klandernd, Mayor Attest: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney 10 !l ," REVIEW CRITERIA & STAFF FINDINGS In reviewing an application for Subdivision, City Council shall consider the following criteria: EXHIBIT B SUBDIVISION A. General Requirements a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. Staff Finding Staff believes that the proposed subdivision is consistent with Aspen Area Community Plan in that the former Golf Pro Shop was envisioned as being used for non-profit entities such as Junior Golf during the approval process for the conceptual Truscott Planned Unit Development. The use of the former Golf Pro Shop as offices for Aspen Junior Golf was identified by City Council as a good idea in City Council Resolution 41, series of 2000, that approved the conceptual development plan for Truscott. The proposed subdivision will allow Aspen Junior Golf to buy the structure and land beneath it in fee simple ownership as was approved by the voters of the City of Aspen. As stated in the staff memo, the proposed subdivision allows Aspen Junior Golf to continue to enhance the "growth and development of outdoor recreation through expanded partnerships among governmental agencies, non-profit organizations, and the general citizenry"(AACP Parks, Open Space, and Environment Intent Statement, p.34) by allowing them to subdivide and purchase the facility. b. The proposed subdivision shall be consistent with the character of the existing land uses in the area. Staff Finding Staff feels that the proposed subdivision is consistent with the character of the existing land uses in the area. The proposed use for the subdivided parcel as office/commercial space for private non-profit entities that provide a community service is similar to the purpose of the Golf Course and it's accessory uses, Staff is proposing a condition of approval that the Community Development Director shall review and determine if a proposed tenant in the former pro shop building provides a public service through the administration of a business license. Staff finds this criterion to be met, c. The proposed subdivision shall not adversely affect the future development of surrounding areas. Staff Finding Staff believes that the proposed subdivision will not adversely affect the future development of the surrounding areas. The lot that is being subdivided is Lot i of the Aspen Golf Course Subdivision, As part of the Truscott Planned Unit Development review, it was not II t"""\ .1"'"\ envisioned that this lot would be developed further. The proposed subdivision will not adversely affect the surrounding properties because of the associated PUD amendment would limit the allowable development on Lot 1B to it's existing conditions. Staff finds this criterion to be met, d. The proposed subdivision shall be in compliance with all the applicable requirements of this Title. Staff Finding The proposed subdivision is in compliance with all applicable requirements of the Land Use Code, The current and proposed zone districts for the subject property each require for the dimensional requirements, including minimum lot size to be established by through a PUD. Therefore, regardless of the zoning on the parcel the proposed subdivision will be creating a conforming lot. Staff finds this criterion to be met. A. Land Suitability a. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. Staff Finding The proposed subdivision is located on land that is suitable for development and has already been developed, Staff finds this criterion to be met. b. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Staff Finding The public facilities for the proposed subdivision are eXlstmg, No expansion of the existing Structure or public facilities are being proposed in this application. Staff finds this criterion to be met, C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the community. Staff Finding 12 ^ ~ The development in the proposed subdivision is existing. The overall improvements plan for this area was approved in the Truscott Planned Unit Development. Staff finds this criterion to be met. 2. The applicant shall specifY each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. Staff Finding There are no design standard variations being requested, Staff finds that this criterion is not applicable to the proposed subdivision, D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling uuits shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staff Finding There are no residential units being proposed as part of the subdivision. Staff finds that this criterion is not applicable to the proposed subdivision. E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. Staff Finding: The school land dedication fee is only required for subdivisions that include residential units, The proposed subdivision does not include residential units to be created, Staff finds that this criterion is not applicable to the proposed subdivision. 13 ,....,.., r"'""\ ; EXHIBIT C REZONING FROM PARK WITH A GOLF COURSE SUPPORT OVERLAY TO PUBLIC ZONE DISTRICT REVIEW CRITERIA & STAFF FINDINGS In reviewing an amendment to the official zone district map, City Council shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding The proposed amendment of the official zone district map from Park with a GCS and PUD Overlay to Public is not in conflict with any portion of the Land Use Code. The proposed rezoning does not represent new land use policy or a change in land use policy for the City of Aspen, Staff finds this criterion to be met. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding The 2000 Aspen Area Comprehensive Plan (AACP) calls for furthering the "growth and development of outdoor recreation through expanded partnerships among governmental agencies, non-profit organizations, and the general citizenry". Staff feels that the proposed rezoning will help to allow Aspen Junior Golf to continue to teach the youth of this community while also providing a seasonal space for other private non-profit entities that provide a community service, The future land use composite map in the AACP categorizes the area in which the former Golf Pro Shop is located as "Community Facility". Staff feels that rezoning this structure to the public zone district would be compatible and fit the future land use vision of the community for this area. Staff finds this criterion to be met. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding The proposed use is compatible with the surrounding zone districts and land uses, The proposed use of office/commercial space for non-profit entities such as Junior Golf is complementary to the surrounding land uses in that it will provide a public function and be recreation oriented. Junior Golf and any other private non-profit organization that may sublease the space can utilize the shared recreation parking. The offices will be convenient for the citizens living in the nearby employee housing units to access, yet they will be located in such a manner in which they will not inadvertently detract from residential parking and increase traffic in the residential portion of the Truscott site. Staff finds this criterion to be met, D. The effect of the proposed amendment on traffic generation and road safety. 14 ,...., ~ Staff Finding The proposed use of office/commercial space for non-profit entities will not increase the traffic demand of the site, Aspen Junior Golf already has been located at the Truscott site for a substantial period of time. Therefore, there will not be an increase in traffic demand in the area due to the proposed use or uses if approved, The Planning and Zoning Commission requested that the Community Development Director pay special attention to the traffic impacts of a proposed tenant when reviewing a business license for a tenant in the former "Pro Shop" space. Staff finds this criterion to be met. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding The rezoning to the Public (PUB) Zone District will not result in increased demand on public facilities, The structure is existing and the impacts are already accommodated for within the current services provided. Staff finds this criterion to be met. ' F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding The rezoning to the Public (PUB) Zone District will not adversely impact the natural environment. The proposed rezoning will not give the applicant any additional development rights because both the current and proposed zone districts require their dimensional requirements to be established through the PUD process. Staff finds this criterion to be met. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding The proposed rezoning is consistent and compatible with the community character in the City of Aspen and in the neighborhood, The educational and community service benefits in which Aspen Junior Golf presents are consistent and compatible with the community's character. Staff finds this criterion to be met. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding The construction of a new Golf Pro Shop and the approval of the Truscott Planned Unit Development have changed the surrounding area in a manner that supports the rezoning of the subject facility to the Public Zone District. Staff feels that the new COnstruction and vacation of this structure provides an adequate facility for Aspen Junior Golf to operate out of that is in an appropriate location in close proximity to the Golf Course. Staff also feels 15 ,.....", A that the shared parking provided with the Golf Course will also aid in the operation of another yet undetermined non-profit entity. Staff finds this criterion to be met. I. Whether the proposed amendment wonld be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding The rezoning of the former Golf Pro Shop to the Public Zone District is within the purpose and intent of this chapter of the Land Use Code. Staff finds this criterion to be met. 16 ,-., .t""'\ EXHIBIT D PUD AMENDMENT REVIEW CRITERIA & STAFF FINDINGS In reviewing an amendment to an approved PUD, City Council shall consider: A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. 3. The proposed development shall not adversely affect the future development oCthe surrounding area. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. Staff Finding The proposed PUD amendment is compatible with the surrounding zone districts and land uses, The proposed use of offices/commercial space for Junior Golf and another non-profit organization is complementary to the surrounding land uses in that they will provide a community service much like the Golf Course, The offices will be convenient for the citizens living in the nearby employee housing units to access, yet they will be located in such a manner in which they will not inadvertently detract from parking and increase traffic in the residential portion of the Truscott site, The applicant is exempt from GMQS because they are not proposing to change the use of the structure or increase the net leasable square footage of the existing Structure. Staff finds this criterion to be met. B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements oCthe underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. The proposed dimensional requirements shall comply with the following: 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural or man-made hazards. 17 r"\ .~ c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. Staff Finding Staff believes that the impact of the proposed PUD amendment to establish the allowed dimensional requirements for the newly created Lot lB as it's existing conditions will be non-existent. The Structure already exists and the proposed use of Aspen Junior Golf already exists at the site and will not increase impacts on parking, traffic, noise, or transit. Staff believes the proposed application will be compatible with existing land uses, Staff finds this criterion to be met. d) Existing and proposed man-made characteristics ofthe property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed pun and of the surrounding area. Staff Finding The proposed PUD amendment will not change the amount of open space or site coverage within the Truscott Planned Unit Development. By establishing the allowable dimensional requirements on the newly created Lot lB, as it's existing conditions, the massing and scale of the Structure will not be allowed to be altered without review of a subsequent amendment to the Truscott Planned Unit Development. Also by establishing the minimum setbacks for the parcel as the existing building footprint, the amount of open space on the parcel will be preserved, Staff finds this criterion to be met. 3. The appropriate number of off-street parking spaces shaH be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed. c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity ofthe proposed development to the commercial core and general activity centers in the city. Staff Finding As part of the Truscott Planned Unit Development approval, the former Golf Pro Shop was envisioned to be occupied by Aspen Junior Golf, The availability of parking for the Junior 18 ^ r\ . " Golf use was considered sufficient in the allotment of spaces that was established for the amalgamation of the recreational uses at the site during the PUD review. Staff does not feel that another non-profit organization's use of a portion of the structure, will cause a great need for parking to be allotted to the use. The Junior Golf use is one that has existed in the past at the site and mainly consists of dropping off and picking up children. This type of use does not put a great deal of stress on the long-term parking situation, The Truscott area is also very accessible by public transportation and pedestrian trails. Staff finds this criterion to be met. 4. The maximum allowable density within a pun may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a pun may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Staff Finding The maximum allowable density will not be reduced. The Structure is existing and will not be added onto because the proposed PUD amendment will restrict the allowable floor area for the newly created lot to it's existing conditions, Staff finds that sufficient infrastructure capabilities exist for the proposed uses. Staff finds this criterion to be met. 5. The maximum allowable density within a pun may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a pun may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. Staff Finding The maximum allowable density will not be reduced, Staff finds this criterion not to be applicable to the proposed application, 19 r"\ ~ 6. The maximum allowable density within a pun may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a pun may be increased if: a) The increase in density serves one or more goals ofthe community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. Staff Finding The maximum density of the PUD is not being increased by the proposed amendment. Staff feels that the proposed use of the property meets the goals of the AAep that call for the further "growth and development of outdoor recreation through expanded partnerships among government agencies, non-profit organizations, and the general citizenry" ( AACP Parks, Open Space, and the Environment Intent Statement, p. 34). Staff finds this criterion to be met, C. Site Design. The purpose of this standard is to ensure the pun enhances public spaces, is complimentary to the site's natural and man-made features ,and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. 5. Adequate pedestrian and handicapped access is provided. 20 r'\ ,-, 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Staff Finding The structure is existing and the relationship between the building and public spaces will be unchanged as a result of the proposed PUD amendment. The site drainage was reviewed as part of the Planned Unit Development approval received in 2001. Staff finds this criterion to be met. D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for tbe Aspen area climate. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding The exterior landscaping is not proposed to be changed as part of the proposed PUD amendment. Staff finds this criterion not to be applicable to the proposed application, E. Architectural Character. It is the purpose of this standard is to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, Use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan an architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 21 ,......, ~ 1. be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. 2. incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems. 3. accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. Staff Finding The structure is existing, The applicant is not requesting changes to the exterior of the building as part of the proposed PUD amendment. Staff finds this criterion not to be applicable to the proposed application, F. Lighting. The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final pun documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Staff Finding There are no proposed amendments to the exterior lighting as part of this PUD amendment. Staff finds that this criterion is not applicable to the proposed application, G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed pun, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features ofthe property, provides visual reliefto the property's built form, and is available to the mutual benefit of the various land uses and property users of the pun. 22 f"'\ ~ ';/ 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the pun or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. Staff Finding The proposed PUD amendment will not affect the amount of open space or recreation area within the PUD, By establishing an allowable floor area ratio as the existing conditions for the newly created Lot lB, as well as establishing the minimum setbacks as the current building footprint, the open space on that specific parcel will be maintained not withstanding future PUD amendment requests. A PUD amendment application will be required to be submitted and reviewed to reduce the open space on the newly created lot in the future, Staff finds this criterion to be met. H. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding The utilities and public infrastructure on the site are existing. The proposed use will not increase the demand on the existing utilities, Staff finds this criterion tobe met. L Access and Circulation. (Only standards 1&2 apply to Minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 23 /"""'; ~ ."j);' 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. S. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. Staff Finding An existing access easement will be maintained across the easternmost portion of the newly created Lot I B as a condition of approval to allow for golfer traffic to be maintained between the former Golf Pro Shop and the former Red Roof Inn structure, The City shall grant a private access easement across Lot IA for Aspen Junior Golf and their assigns to gain access to the former Golf Pro Shop building as well as the shared recreation parking facility, Staff believes that the access situation is adequately addressed through the assignment of the aforementioned easements. Staff finds this criterion to be met. J. Phasing of Development Plan. (does not apply to Conceptual PUD applications) The purpose ofthis criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 24 1"""\ ('"">, 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees-in-Iieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding There are no improvements to the exterior of the former Golf Pro Shop structure as part of the proposed PUD amendment. There will be no adverse impacts on the neighboring properties as a result of the proposed PUD amendment. Staff finds this criterion to be met. 25 f"'., f"""\, fxh'KJI't- \\ G /1 "'ri1__ " ~', C", . _> ", " {fl. " ;r)., , .', ,/ -,. ' , : ' : 'C,' . ~,. . .;' _,_ ,:: ' ;- - . '. "'~,' " - .. DATE: JAMES LINDT, COMMUNITY DEVELOPMENT DEPT. TIM ANDERSON, RECREATION DIRECTOR STEVE AITKEN, GOLF DIRECTOR JANUARY 24, 2002 TO: FROM RE: GOLF PRO SHOP SUBDIVISION 26.310.40 Standards of review. A, N/A B. Yes, this use currently exists and is consistent with the MCP. C, This use is compatible with the surrounding zone districts as it is an existing use and is simply changing ownership. D, There will be no affect on traffic generation as the use already exists and construction took place in 2001, to allow smoother flow of both pedestrian and vehicular traffic in this area, E. This development willpiace no additional burden upon public facilities, as it is an existing use with a simple change in, ownership. In, addition utility upgrades were made in 2001 to better serve all improvements to the golf course facilities. ' ' F, No adverse impacts on the environment. Existing use. G. This use is consistent with the Aspen Character as it provides programming for youth in our community, and the building already exists. H, The change is in the use of the building only and will ease the burden upon this particular lot over the previous use. 1. The use has only the best interest of the public as its intent. PUD Amendment 26.445.040 C. Dimensional Requirements. The existing Dimensional Requirements will be used in this application with no changes. f!"'"') , (""\ 26.445.050 Review Standards: Conceptual, Final, Consolidated, and Minor pun. A. , General Requirements, The proposed development is consistent with the AACP, it preserves the character of the land and surrounding areas, it does not adversely affect the future development of surrounding areas, and is pursuing an exemption from GMQS as it is an existing use on this site. B. Establishment of Dimensional Requirements: ] , The proposed development is an existing use and maintains the character, compatibility, and use of this site. 2. The mass is favorable, as it is an existing use. 3, This development will not create any additional traffic to the area. In 200] additional improvements were made to better accommodate traffic to this area and parking, , 4. Adequate utilities and roads serve this site and were upgraded in 200] to accommodate all uses in this area. S. This is an existing use. 6, There is no increase in density as this is an existing use, This use meets the goals of the community. C. Site Design, , ' The site is an existing use, although in 200] utility, road, public access, drainage, parking, and site improvements were all made to ensure appropriate levels of service in all the aforementioned areas. D. Landscape Plan. This developmentis an e'listing use and landscaping currently exists. ' Current vegetation is being preserved and the surrounding site will gain additional landscaping, E, Architectural Character. This building (development) already exists on the site. There is Simply a change in use and ownership, F, Lighting. Existing lighting will be used. G. Common Park, Open Space, or Recreation Area. The development is existing. It is part of the golf course operations and fits well within the intended use of this area. The golf course is open space that serves this development use. H. Utilities and Public Facilities. This development does not adversely affect the City's infrastructure. In 2001 improvements were made to better accommodate all uses in this development. I""', , ~ }:( I. Access and Circulation. This development has adequate access to roads, parking, pedestrian access, and public transportation, In 200 I improvements were made to the site to add parking, improve roads, place a traffic control device in service, and add pedestrian trails along with improved bus access. 1. Phasing of Development Plan. N/A 26.480.50 Review Standards. A. General Requirements. a. The subdivision is consistent with the MCP. b, The proposed subdivision is consistent with a use of the golf course, c. The proposed subdivision will not adversely affect the development of surrounding areas, as it is an existing facility and will contain a use consistent with a golf course operation. d. The proposed subdivision is in compliance with all applicable requirements. B. Suitability ofIand subdivision, a. The proposed subdivision is not located on land unsuitable for development. This is an existing building in which a change of use is taking place. b. The proposed subdivisiondoes not create spatial patterns that cause inefficiencies, As a matter of fact the proposed subdivision is consistent with a golf operation and probably creates more efficiencies in the golf course operations. C. Improvements. I. Again this use is consistent with a golf operation and should not create any hardships or incompatibilities in the proposed subdivision, 2. This subdivision is simply taking an existing building used for golf operations and changing the use to another golf program operation, D. Affordable Housing, This subdivision is requesting an exemption from GMQS as the building already exists for golf operations, and the program moving into the building already exists and operates at on the premises. The ownership is the only change taking place. E. School Land Dedication, N/A ("', f) fx MI' lo ('-I- "Ell MEMORANDUM To: Development Review Committee From: James Lindt Planner Date: January 23, 2002 Re: Former "Golf Pro Shop" Subdivision, PUD Amendment, and Rezoning Comments The Development Review Committee has reviewed the former "Golf Pro Shop" Subdivision, PUD Amendment, and Rezoning at their January 23, 2002 meeting, and has compiled the following comments: General 1, Sufficiency of Submittal: DRC comments are based on the fact that we assume the submitted siteplan is accurate, that it shows allsite features, and that proposed development is feasible, The wording must be carried forward exactly as written unless prior consent is received from the Engineering Department. This is to alleviate problems and delays related to approvals tied to "issuance of building permit." 2, R.O.W. Impacts: If there are any encroachments into the public rights-ofway, the encroachment must either be removed or be subject to current encroachment license requirements, Site Review 1, Site Drainage - Requirement -, The foundation drainage system should be separate from site storm drainage system, Rain and snow melt runoffmust be detained and routed on site, These facilities must be shown on drainage plans and submitted for approval prior to application for building permit. The drainage may be conveyed to existing landscaped areas if the drainage report demonstrates that the percolation rate and the detention volume meet the design storm Information - The City drainage criteria needs to be implemented completely, This includes but is not limited to erosion control, soil stabilization, and re- vegetation in disturbed areas, Also, there needs to be an analysis of where the drainage will flow, 2. Sidewalk, Curb, and Gutter - Requirement- sidewalk, curb, and gutter must be designed using the City of Aspen design standards which are available in the City Engineering Department. I"""'; t""'j Page 2 of 4 January 23,2002 Former "Golf Pro Shop" Subdivision 3, Fire Protection District - Requirement- Fire Protection District requests the following revisions be made: a, No Comments, 4, Transportation - Requirements- The information were forwarded by Transportation department: a, The occupant of the subject shouldn't use any of the Affordable Housing Parking, 5, Building Department - Requirements - The following requirements were forwarded by the Building Department: a, The applicant does not have to meet the minimum accessibility requirements for a change in use because the structure is exempt. The structure is exempt because it contains less than 3,000 sf, above and below grade, 6. Parking - Requirement - The following requirement has been forwarded by the Parking Department: a, No Comment. 7, Engineering Department - Requirement- The following requirements have been provided by the Engineering Department: a, No Comment. Information - The following information has been provided by the Engineering Department: a, The submittal of the construction plans to Engineering Department for reviews prior to application for building permit will benefit the developer and will facilitate timely processing of the Building Permits, 8, Streets Department - Requirement- The following requirements have been provided by the Streets department a, No comment. 9, Housing Office - Requirements - The following requirements have been provided by the Housing Office: a, No comment. 10, Community Development - Requirements - The following requirements have been provided by the Community Development Office: - Page 3 of 4 January 23, 2002 Former "Golf Pro Shop" Subdivision a, No comment at this time r] ~ 11, Emergency Management Disaster Coordinator - Requirement _ The following requirement has been provided by the Pitkin County Disaster Coordinator: a, No comment at this time, 12, City Environmental Health Director- Requirements- The following requirements were made by the Environmental Health Director: a, No comment at this time, 13, Parks - Requirement- The following requirements have been made by the Parks Department: a, If the applicant were to do any changes to the exterior of the structure that would require the removal of trees, then they must get a tree removal permit. b, Any changes to the landscaping on the newly created lot shall require approval from the Parks Department. 14, Utilities: Water: City Water Department. Requirement - As a request of the City of Aspen Water Department, revisions need to be made as follows: a, No Comments, Wastewater: Aspen Consolidated Waste District - Requirement - The following was provided by the Aspen Consolidated Waste District: a, The owner of lot 6 should be able to access the sewer line running across lot 1 to the newly created lot if it becomes inoperable or needs repairs, b, The sewer easement shown on page 2 of the proposed plat (recorded at BK 253,PG 636 and PG 638) should be vacated because it is no longer in use, Construction: Work in the Public Right of Way Requirement - Given the continuous problems of unapproved work and development in public rights-of-way adjacent to private property, we advise the applicant as follows: Page 4 of 4 January 23, 2002 Former "Golf Pro Shop" Subdivision ,......., ~ Approvals 1, Engineering: The applicant receives approval from the City Engineering Department (920-5080) for design of improvements, including grading, drainage, transportation/streets, landscaping, and encroachments within public right of way, 2, Parks: The applicant receives approval from the Parks Department (920- 5120) for vegetation species and for public trail disturbance, 3, Streets: The applicant receives approval from the Streets department (920-5130) for mailboxes, finished pavement, surface materials on streets, and alleyways, 4, Permits: Obtain RO,W, permits for any work or development, involving street cuts and landscaping from the Engineering Department DRC Attendees Staff: Dennis Murray Brian Flynn Phil Overynder Tom Bracewell James Lindt John Krueger Lynn Bader Applicant's Representative: Tim Anderson ... ,.' ," ~,-il r') "A 7 rfts~M~ u ~.. ~'i6YC.( - I V D--1' C\t}.tf'0v';Jl1CJ'-! /r--r~ AGREEMENT OF P~Jl~~ slliCl t.d~ tel> f ~ s e OF THE +- C9 ~ VI V\ ~ 0(/\ ASPEN MUNICIPAL GOLF COURSE PRO SHOP &--@[ .p THIS AGREEMENT, made and entered on this , 2002, by and between the City of Aspen, a home rule municipal corporation ("Seller"), and the Aspen Junior Golf Foundation, a not-for-profit organization incorporated in the State of Colorado ("Purchaser"). WHEREAS, the Seller is currently building a new facility on the Aspen Municipal Golf Course to accommodate a new golf pro shop; and WHEREAS, the Purchaser desires to purchase the existing pro shop building and land situated on the Aspen Municipal Golf Course; and WHEREAS the Seller desires to sell the existing pro shop building and land to the Purchaser; and WHEREAS, the voters of the City of Aspen, pursuant to Section 13.4 of the Aspen Home Rule Charter, at the November, 2000 municipal election, did approve the sale of the existing pro shop to the Purchaser, NOW, THEREFORE, the parties hereto, for the consideration hereinafter set forth, agree as follows: 3g'\ 1 1. THE PROPERTY. Subject to the terms and conditions set forth in this agreement and the Resale Deed Restriction set forth at Exhibit A appended hereto and incorporated herein as if fully set forth, Seller agrees to convey to Purchaser real property consisting of the Building commonly referred to as the existing pro shop and approximately ~ square feet of land situated on the Aspen Municipal Golf Course described and depicted in greater detail on Exhibit B appended hereto, together with all other improvements thereon. (Hereinafter referred to as the "Property,") 2. CLOSING, "Closing" shall mean the date on which a Special Warranty Deed 'transferring title to the Property is recorded in conformity with the laws of the State of Colorado with the Clerk and Recorders Office of Pitkin County. Closing shall occur on or before , so long as all conditions precedent to closing have been satisfied or waived by such date. 3. PURCHASE PRICE AND TERMS. The total purchase price for the Property shall be Two Hundred Thousand DoIlars ($200,000.00) payable as follows: a, Fifty Thousand DoIlars ($50,000.00) in cash or certified funds at Closing subject to closing prorations and adjustments as herein described. r:' r: 0:><)" ~~<p,K ~o~ ~~ rt:<ff J b. Purchaser shall execute a promissory note ("Note") in the amount gL ~ $150,000.00, which Note shall be secured by the lien of a first Deed of Trust on the Property G",t:::~ ("Deed of Trust"), The Note and Deed of Trust shall be in the forms attached hereto as 'DISc.. ,J Exhibits C and D respectively. The Note shall be for a period of three (3) years and shall13/ A.k) .1 provide for annual payments of interest only on the first two anniversary dates and the entire 5"G 0.:>0,06': principal amount and unpaid interest due on the third anniversary date. Interest shall accrue af ~tJ n-rV 1 the rate of 5 % per year. , 1(' - s-c. (,pC>, ! '$ ( c. At closing, Seller shall also execute and deliver to Purchaser a License ,4-oIC- I Agreement covering the driving range, putting green and sheds historically used by Aspen , junior Golf, in the form attached hereto as Exhibit E. ! t"'l Aspen Municipal Golf Course f. ..Jhop Aspen Jr. Golf Foundation Page 2 r-. 4. EVIDENCE OF TITLE. Seller shall furnish to Purchaser, at Seller's sole cost and expense, a current ALTA commitment for owner's title insurance on the Property, in an amount equal to the purchase price, from a title company acceptable to Purchaser, with all standard exceptions deleted concerning survey matters and liens for labor, service, or materials not of record, and in an amount equal to the. purchase price, together with any copies of all instruments listed in the schedule of exceptions of said title insurance commitment on or before fourteen (14) days following acceptance of this contract by Seller. The title insurance commitment, together with any copies of instruments furnished pursuant to this Paragraph 4, shall constitute the Title Documents, 5. TITLE. I , , i I ! I , i I , a. Title Review. Purchaser shall have the right to inspect the Title Documents. Written notice by Purchaser of unmerchantability of title or of any other unsatisfactory title condition shown by the Title Documents shall be signed by or on behalf of the Purchaser and given to Seller on or within fourteen (14) calendar days after receipt by Purchaser of any Title Documents or endorsements adding new exceptions in the title commitment together with a copy of Title Documents adding new exceptions to title, If Seller does not receive Purchaser's notice by the date(s) specified above, Purchaser accepts the condition of the title as disclosed by the Title Documents as satisfactory. b, Matters Not Shown bv the Public Records. Seller shall deliver to Purchaser, on or before the date set for providing Title Documents, true copies of all leases(s) and survey(s) in Seller's possession pertaining to the Property and shall disclose to Purchaser all easements, liens and other title matters not shown by the public records of which Seller has actual knowledge, Purchaser shall have the right to inspect the Property to determine if any third party has any right in the Property not shown by the public records (such as unrecorded easements, unrecorded lease, or boundary line discrepancy), Written notice of any unsatisfactory condition(s) disclosed by Seller or revealed by such inspection shall be signed by or on behalf of Purchaser and given to Seller on or within thirty (30) calendar days after receipt by Purchaser of the Title Documents. If Seller does not receive Purchaser's notice by f"""" Aspen Municipal Golf Course ,.i Shop Aspen Jr. Golf Foundation Page 3 ~ said date, Purchaser accepts title subject to such rights, if any, of third parties of which Purchaser has actual knowledge, c, Special Taxing Districts, SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRl,CrSMAY BE PLACED AT RISK FOR INC~EASED MILL LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WIYTHJOUT SUCH AN INCREASE IN MILL LEVIES. PURCHASER SHOULD INVESTIGATE THE DEBT FINANCING REQUIREMENTS OF THE AUTHRORIZED GENERAL OBLlGA TlON INDEBTEDNESS OF SUCHDlsmlCTS, EXISTING MILL LEVIES OF SUCH DISTRICTS SERVICING SUCH INDEBTEDNESS, AND THE POTENTIAL FORfNCREASE IN SUCH MILL LEVIES. In the event the Property is located within a special taxing district and Purchaser desires to terminate this contract as a result, if written notice is given to Seller on or before the date set forth in subsection 5(b), this contract shall then terminate, If Seller does not receive Purchaser's notice by the date specified above, Purchaser accepts the affect of the Property's inclusion in such taxing district(s) and waives the right to so terminate, d) Right to Cure. If Seller receives notice of unmerchantability of title or any other unsatisfactory title condition(s) as provided in subsection (a) or (b) above, Seller shall use reasonable effort to correct the unsatisfactory title condition(s) prior to the date of closing, If Seller fails to correct said unsatisfactory title condition(s) on or before the date of closing, this contract shall then terminate, provided, however, Purchaser may, by written notice received by Seller, on or before closing, waive objection to. said unsatisfactory title condition(s). If Purchaser waives objections to title defects, the sale of the real property shall close as scheduled herein. 6. COVENANTS, REPRESENTATIONS AND WARRANTIES OF SELLER. Seller hereby covenants, represents and warrants to the Purchaser the following, all of which, shall be true, accurate and complete as of the date hereof and shall survive the closing: a, Status and Authority, Seller has the right, legal capacity and authority to enter into and perform its obligations under this Agreement, and the documents to be executed and delivered pursuant thereto, b. No Liabilities, Prior to or at the time of closing, Seller shall pay, or otherwise secure the release of, every debt, account payable, liability or obligations or any nature whatsoever, contingent or otherwise, that is, or could become, a lien or other encumbrance against the Property, and Seller shall not engage in any action with respect to the Property between the date of execution of this Agreement and the closing date that could give rise to a lien or claim against the Property. 1""'"\ Aspen Municipal Golf Courst J Shop Aspen Jr, Golf Foundation Page 4 o c, Litigation, No action, suit or proceeding is pending or, to the best of Seller's knowledge, threatened against the Property or Seller or affecting Seller's interest in, management of, or other activities with respect to, the Property. Seller is not in default of any order of any court, arbitrator or governmental body respecting the subject Property, d. No Notice of Violation, Seller has no knowledge of and has received no notice of any pollution, health, safety, or environmental violation with respect to the Property or any portion thereof which has not been cured, e, No Conflict. The execution and delivery of this Agreement and the documents required hereunder, and the consummation of the transactions contemplated herein, will not: (1) conflict with or be in contravention of any provision of any law, order, rule or regulation applicable to Seller or the Property; (2) result in the breach of any of the terms or provisions of, or constitute a default under, any agreement or other instrument to which Seller is a party, or by which it or any portion of the Property may be bound or affected; (3) permit any party to terminate any such agreement or instrument or to accelerate the maturity of any indebtedness or other obligation of the Seller; or (4) result in any lien, charge or encumbrance of any nature on the Property other than as permitted by this Agreement. f. True and Correct Information. To the best of Seller's knowledge, no document, certificate or written statement furnished to the Purchaser and its attorney by Seller in connection with this transaction contains or will contain any untrue statement of a material fact or omits or will omit to state any material fact necessary in order to make the statements contained therein not misleading. Additionally, Seller has disclosed all encumbrances and/or defects in title not shown by the public records and all title documents of which Seller has actual knowledge, g, Use of Propertv Pending Closing. Between the date of this Agreement and the closing date, Seller: (i) Shall maintain the Property in its current condItion, normal wear and tear excepted; (ii) Shall not pennit the Property to be used or operated in any manner that would be in violation of any local, state or federal law or regulation, h. No Other Agreement. There are no other agreements, oral or written, which affect the Property, which will survive the closing, except as disclosed by Seller provided to the Purchaser pursuant to this Agreement. i, Environmental Matters, The Seller has not placed any hazardous materials on the Property and to the best of the Seller's knowledge, the Property has never " 1""\ Aspen Municipal Golf Course J Shop Aspen If. GoJfPoundation Page 5 ~ been used to generate, manufacture, refine, transport, treat, store, handle, dispose of, transfer, produce, process, or in any manner deal with hazardous materials, The Seller hereby represents that the Property has been closely associated with the operation of a golf course, agricultural and ranching operations and such operations may have required the use of certain herbicides, pesticides, insecticides, and other chemical agents. To the extent that the use of such chemicals constituted the placement of hazardous materials on the property, the representation made in the first sentence of this paragraph is conditioned accordingly, For purposes of this Contract, the term "hazardous materials" shall mean any gasoline, petroleum products, explosives, radioactive materials, hazardous materials, hazardous wastes, hazardous or toxic substances, polychlorinated biphenyls or related or similar materials, asbestos, or any other substance or material as may be defmed as a hazardous or toxic substance by any environmental law, ordinance, rule or regulation of any governmental authority, including, without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sections, 9601, et seq.) the Hazardous Materials Transportation Act, as amended (49 U,S.C, Sections 1801, et seq,), the Federal Water Pollution Control Act (33 U.S.C. Sections 1251, et seq,), the Clean Air Act (42 U.S,C. Sections 7401, et seq, ,) C.R.S. 1973 Section 25-17-101 et seq., as amended, and C,R,S, Section 25-15-101, et seq, j, Title, Seller has good and merchantable title to the Property free and clear of all monetary liens and encumbrances (except those to be discharged or released at or before Closing), and there exists no restrictions on the right of Seller to transfer and assign the Property and convey good title thereto to Purchaser. This representation is subject to all matters that will be disclosed by the title Commitment and the Purchaser's physical inspection of the Property, k. Defects, Seller has no knowledge of any patent or latent defects, soil deficiencies, or subsurface anomalies existing on the Property, or any structural or mechanical defects in the Building. I. Permitted Uses. Seller represents that prior to closing, the Property will be rezoned "Public," which allows private non-profit uses that provide a community service as Permitted Uses, m. Legallv Seoarate Parcel. As of the date of closing hereunder, the Property shall be a legally separate parcel of land for which a valid subdivision exemption has been obtained. 7, COSTS. Seller shall pay the costs of Seller's counsel, accountants and other professional services and all sales, use, transfer and similar taxes, if any, payable in connection with the transactions contemplated by this Agreement, Purchaser shall pay all the costs of Purchaser's counsel, accountants and other similar services and all recording fees and documentary transfer taxes. " r- Aspen MuniGipal Golf Coun .'0 Shop Aspen lr. Golf Foundation Page 6 - ; ^~ 8. DOCUMENTS AND SERVICES. The parties hereto shall sign and complete all customary or required documents at or before closing, 9, POSSESSION, Possession of the Property shall be delivered to the Purchaser at a mutually convenient date and time, but no later than on the date of Closing, If Seller after closing, fails to deliver possession on the date herein specified, Seller shall be subject to eviction and shall be additionally liable for payment of $500,00 per day as liquidated damages from the date of agreed possession until possession is delivered, 10, TIME OF ESSENCE/DEFAULT/REMEDIES. Time is of the essence hereof. If any note or check received or any of the payments due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed within the time frames specified herein, there shall be the following remedies: a. IF THE PURCHASER IS IN DEFAULT, then Seller may elect to treat this Agreement as canceled, in which case all payments and things of value paid hereunder shall be forfeited and retained on behalf of Seller, and Seller may recover such damages as may be proper, or Seller may elect to treat this Agreement as being in full force and effect, whereupon Seller shall have the right to an action for specific performance or damages, or both, b, IF SELLER IS IN DEFAULT, the Purchaser may elect to treat this Agreement as terminated, in which case all money payments and things of value paid hereunder shall be returned forthwith to the Purchaser and Purchaser may recover such damages as may be proper, or may elect to treat this Agreement as being in full force and effect, whereupon the Purchaser shall have the right to an action for specific performance or damages. c, Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this Agreement, the court may award to the prevailing party its reasonable costs and expenses, including attorneys and expert witness fees. 11. SURVIVAL OF COVENANTS. REPRESENTATIONS AND WARRANTIES, The covenants, representations, warranties and indemnities made by the parties to this Agreement, and the obligations and agreements to be performed or complied with by the respective parties hereunder on or before the closing date, shall survive the closing, but shall terminate and be of no further force and effect on the third anniversary of the date of Closing. 12, ENTIRE AGREEMENT, This Agreement constitutes the entire agreement between the parties hereto, and supersedes all prior and contemporaneous agreements, representations and understandings of the parties regarding the subject matter of this ", "'" Aspen Municipal Golf Coun " Shop Aspen Je, Golf Foundation Page 7 "....... Agreement. No supplement, modification or amendment of the Agreement shaH be binding unless executed in writing by the parties hereto. 13. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shaH be deemed an original, but all, of which together shaH constitute one and the same instrument, 14, BINDING EFFECT, This Agreement shaH be binding upon and shaH inure to the benefit of the parties hereto and their respective heirs, successor and assigns. The Purchaser may in its sole discretion, and without the prior consent of SeHer, assign aH of the Purchaser's right hereunder to, or cause title to the Building to be taken in the name of non- profit nominee(s) selected by the Purchaser, 15, RECOMMENDATION OF LEGAL COUNSEL. By signing this document, the parties hereto acknowledge the advisability of obtaining the advice of independent legal regarding examination of title documents and the terms of this Agreement. 16. GOVERNING LAW, This Agreement shaH be governed by and be construed in accordance with the laws of the State of Colorado and the parties hereto hereby consent to the exclusive jurisdiction of the Colorado state courts in the event of any controversy or suit arising hereunder. 17. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions of , this Agreement shaH remain in fuH force and effect and shaH in no 'way be affected, impaired or invalidated. 18. TERMINATION, In the event this Agreement is terminated for any reason, pursuant to the terms hereof, all money payments, with any accrued interest, and things of value paid hereunder shaH be returned forthwith to the Purchaser. 19. NOTICES. All notices and other communications tendered in connection with this Agreement shall be in writing, and shaH be deemed to have been duly given when delivered in person or by telefax, or on the fourth day after mailing, if mailed registered or certified mail, postage prepaid and properly addressed as foHows: To Purchaser: Office of the City Manager City of Aspen 130 South Galena Street Aspen, Colorado 81611 r-" Aspen Municipal Golf Cours; ) Shop Aspen Jr. Golf Foundation Page 8 ~ With a copy to the City Attorney at the same address, To Seller: Aspen Junior Golf Foundation Attn: Ernie Fyrwald, President 308 S, Hunter Aspen, CO 81611 With a copy to: Arthur C, Daily, Esq, Holland & Hart, LLP 600 E. Main St. Aspen, CO 81611 20. FACSIMILE TRANSMISSIONS, It is mutually agreed upon by all the parties to this Agreement that, if necessary, facsimile communication shall be an acceptable and binding form of communication. CITY OF ASPEN: By: City Manager Date THE ASPEN JUNIOR GOLF FOUNDATION By: Title: Date .. \ ":"'}'" " Aspen Municipal Golf Cour, J Shop Aspen Jr. Golf Foundation Page 9 r. EXHIBIT LIST TO AGREEMENT TO BUY AND SELL REAL PROPERTY Exhibit "A" - Resale Deed Restrictions / 5,(I:,:fC...( Exhibit "B" - Legal Description of Property t\.--'" Exhibit "c" - Promissory Note,4tr Exhibit "D" - Deed ofTrust,4'1."'" Exhibit "E" - License Agreement ,,/ IPW -02/0812002-G:\john\word\agr\juniorgolf.doc I": r) MEMORANDUM TO: Mayor and City Council THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director FROM: James Lindt, PlannerJ'L-- RE: Junior Golf Offices Rezoning, Subdivision, PUD Amendment- 2nd Reading of Ordinance No. 10, Series of 2002- Public Hearing, Continued from April 8th DATE: April 22, 2002 RECEIVED 2 4 lUUL ASPEN j PITKIN, 'C . COM>\1UNiTY DEVELO,,"cN r ApPLICANT tOwNER: City of Aspen Recreation Department REPRESENTATIVE: Steve Aitken, Aspen Golf Course Director; Tim Anderson, Recreation Director LOCATION: Former "Aspen Municipal Golf Course Pro Shop" PARCEL ID NUMBER: 2735-111-09-001 CURRENT ZONING: Park with Golf Course Support and PUD Overlays PROPOSED ZONING: Public (PUB) Zone District with a PUD Overlay. SUMMARY: The applicant requests to rezone the former "Aspen Municipal Golf Pro Shop" from the Park Zone District with Golf Course Support and PUD (GCS- PUD) Overlays to the Public (PUB) Zone District with a PUD Overlay, and subdivide Lot I of the Aspen Golf Course Subdivision, This will allow for Aspen Junior Golf to purchase the former Pro Shop building in fee simple ownership, An amendment to the approved Truscott Planned Unit Development is also required to assign the newly created lot allowable dimensional requirements, APPROVED AND CURRENT LAND USE: Golf Pro Shop/Nordic Center PROPOSED LAND USE: Commercial/Office Space for Private Non-Profit Entities SUMMARY: The City of Aspen Recreation Department requests to further subdivide Lot I of the Aspen Golf Course Subdivision to allow for the sale of the former Golf Course Pro Shop to Aspen Junior Golf for use as commercial/office space for private non-profit uses that provide a community service such as Aspen Junior Golf. The applicant is requesting to rezone Lot IB that would be created by the proposed r') f) subdivision, to the Public (PUB) Zone District. The Public Zone District allows for "Public and Private Non-profit uses providing a community service" as a permitted use. The applicant intends to use the former pro shop building as commercial/office space for Aspen Junior Golf, as well as, for another non-profit entity that has yet to be determined. The applicant requests approval of the following land use actions for the former Golf Pro Shop located at the Aspen Municipal Golf Course: ~ Rezoning from Park with GCS (Golf Course Support) and PUD Overlays to PUB (Public) with a PUD Overlay; ~ Subdivision- Subdivide Lot 1 of the Aspen Golf Course Subdivision to create a new lot allowing for the City to sell the former Golf Pro Shop structure, as well as the land beneath the structure to Aspen Junior Golf; and, ~ pun Amendment to allocate allowable dimensional requirements for the newly created lot. REVIEW PROCEDURE Subdivision, Rezoning, PUD Amendment (Two Step Review). City Council may approve or deny an application for rezoning, subdivision, and a PUD amendment after considering a recommendation from the Planning and Zoning Commission, a recommendation from the Community Development Director, and after considering public comment. Staff Comments: Subdivision: The applicant requests to subdivide Lot 1 of the Aspen Golf Course Subdivision to create a new Lot IB based around the footprint of the former Golf Pro Shop building, The subdivision of this property would allow the City to sell the structure and the land beneath it to Aspen Junior Golf, Staff feels that the proposed application meets the applicable subdivision review standards and finds that the character of the proposed use of private non- profit entities that provide a community service is consistent with the public oriented nature of the surrounding golf course and affordable housing. The newly created lot is proposed large enough to provide a ten-foot buffer around the structure which is necessary to avoid additional fire proofing of the exterior walls and entrance ways. The Uniform Building Code requires that a structure that houses an office use to be fire protected if it is within ten feet of a lot line. A 24' wide private access easement for the benefit of Lot IB is proposed to be overlayed over an existing access easement for the benefit of Lots 2-5, The creation of this easement will allow employees and patrons of Lot IB entrance to the structure, as well as vehicular entrance into the shared recreation parking facility as shown on the plat that was provided with the application at First Reading, The City of Aspen Engineering Department and utility agencies affected by the proposed subdivision have been consulted and their comments are represented on the draft plat (referral comments are attached as Exhibit "E"),a 2 ~ n Staff believes that the proposed application furthers several of the Aspen Area Community Plan goals. The Aspen Area Community Plan calls for development that enhances the "growth and development of outdoor recreation through expanded partnerships among govermnental agencies, non-profit organizations, and the general citizenry"(AACP Parks, Open Space, and Enviromnent Intept Statement, p.34). Staff believes that the proposed application furthers the aforementioned intent statement and "ensures the provision of public facilities and services to sustain arts, culture, and education in the Community"(AACP Arts, Culture and Education Goal E, p.46). The citizens of the City of Aspen voted on and approved the sale of the building and the land beneath it by the City of Aspen to Aspen Junior Golf. Staff feels that the proposed subdivision application is in keeping with the citizen's intentions as represented in the aforementioned vote. Staff also finds that the proposed subdivision is in compliance with all of the provisions of the Land Use Code. The minimum lot size and allowable floor area ratio in both the Park Zone District in which the property is currently zoned and the Public (PUB) Zone District in which the property is proposed to be rezoned to, are both required by the Land Use Code to be established by a site specific development plan. Therefore, regardless of the parcel's zoning and the associated rezoning application, the allowable dimensional requirements are to be set through a PUD Amendment. Rezoning: Staff believes that the City of Aspen Recreation Department's request to rezone the former Golf Pro Shop to the Public (PUB) Zone District with a PUD Overlay, for the purpose of allowing it to be used as office/commercial space for Aspen Junior Golf and another non- profit entity is compatible with the surrounding land uses. Currently, the office/commercial space for Aspen Junior Golf could be located in the structure without rezoning the property because the Junior Golf use would be classified as an accessory use to the Golf Course. Aspen Junior Golf anticipates that it would like to lease a portion of the space to another private non-profit entity that mayor may not be accessory to the Golf Course. The Public Zone District would allow for private non-profit uses that provide a Community Service as a permitted use. Therefore, the applicant is requesting to rezone the newly created lot to the Public (PUB) Zone District with a PUD Overlay. Staff feels that the former Golf Pro Shop is an ideal and sensible location for Aspen Junior Golf to be located. The applicant has consented to limit the space to be leased out to no more than 50% of the building's 1,248 net leasable square feet and limit the use of the non- profit entity to lease the space to an arts, cultural, recreational oriented entity. Staff is proposing a condition of approval be placed on the subdivision application that requires a perspective tenant in the building to be reviewed and found to provide a community service by the Community Development Director through the issuance of a business license. Staff believes that this condition will insure that the use of the space remains in compliance with the intent of the Public Zone District. 3 ~ I} Staff believes that the proposal helps Aspen Junior Golf to flourish ill teaching the community's youth appreciation for Aspen's recreational resources and encouraging the youth to be involved in recreational activities. Staff also feels that the proposal furthers the AACP Parks and Open Space Intent Statement that "encourages growth and development of outdoor recreation through expanded partnerships among govermnent agencies, non-profit organizations, and the general citizenry". Staff also believes that the proposed rezoning application meets the Aspen Area Community Plan's (AACP) Economic Sustainability Chapter goal that calls for govermnent to "support a diverse business and nonprofit community". Staff finds that the proposed application for rezoning meets the applicable review standards set forth in Land Use Code Section 26.310.040. Planning and Zoning Commission Concerns: The Planning and Zoning Commission recommended that City Council approve the proposed rezoning application. However, the Planning and Zoning Commission did express concerns about the uncertainty surrounding the non-profit entity to occupy a portion of the former "Pro Shop" space. Staff has proposed a condition of approval that any future non- profit tenant be reviewed and approved by the Community Development Director. The Director must find the tenant to be providing a community service as the Public Zone District requires. The Commission also requested that the Community Development Director pay special attention to the traffic and parking impacts in reviewing any business license request for the subject space. It is within the Community Development Director's authorities to interpret, approve, or deny proposed uses that fall under the permitted use category in a zone district and this will occur when the use is proposed. PUD Amendment: Because the land to be subdivided is part of the existing Truscott Planned Unit Development, the applicant must amend the site-specific development plan to set dimensional standards for the newly created lot. The applicant is proposing that the allowable floor area for the newly created lot are its existing conditions. The applicant is also proposing that the minimum lot size be set at 3,897 square feet which is the lot size of the proposed new lot lB. This will prevent Aspen Junior Golf from expanding the existing structure without gaining approval for growth management and a PUD amendment to determine the impacts of any proposed expansion. Establishing the existing conditions as the allowable dimensional requirements will also insure that the impacts of any future expansion to the structure will be mitigated for appropriately. Staff is proposing a condition of approval that requires the applicant to place a note on the plat that limits the allowable floor area ratio for the newly created lot to it's existing conditions. ISSUES RAISED AT FIRST READING: City Council raised several issues at the First Reading of the proposed ordinance. Among the issues at first reading were questions about the financial wherewithal of Junior Golf and whether the City would have first right of refusal on the sale of the structure. A question also surfaced about the rent amount that Junior Golf would charge to sublease the space. These aforementioned concerns will be addressed by golf staff in the review of the sale contract that will appear on City Council's agenda under Action Items later this evening. 4 (""\ I), Councilman Paulson also asked if the proposed use for the unidentified tenant could be a winter use. If the proposed rezoning application to the Public Zone District is approved, then the owner would be able to place any tenant in the structure that meets the Land Use Code's definition of a non-profit organization and that serves a "community purpose" as is determined by the Community Development Director. Therefore, it would be the owner's decision as to whether a winter use would be incorporated as a tenant in the building. However, the owner would only be able to lease out 50% of the net leasable square footage regardless of the season. STAFF ANALYSIS SUMMARY: Staff finds that the proposed rezoning application meets or exceeds the requirements set forth in Land Use Code Section 26.310.040, to approve an amendment to the official zone district map. Staff also finds that the proposed subdivision and PUD amendment meets the respective criteria to approve the proposed application. Staff recommends that the City Council approve the proposed rezoning, subdivision, and PUD amendment application with the conditions set forth in the proposed ordinance. Please see Exhibits B, C, and D for findings. STAFF RECOMMENDATION: Staff recommends that City Council approve with conditions the proposed rezoning to the Public Zone District with a PUD Overlay, the subdivision of Lot 1 of the Aspen Golf Course Subdivision as shown on the proposed plat (provided at first reading), and a PUD amendment to establish the allowable dimensional requirements for the newly created lot as its existing conditions. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission recommends that City Council approve with conditions the proposed subdivision, rezoning, and PUD amendment application. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No. _, Series of 2002, approving with conditions the proposed application to subdivide Lot I, Aspen Golf Course Subdivision into Lots lA and IB, and to rezone the newly created Lot IB to the Public Zone District with a PUD Overlay, and to amend the Truscott Planned Unit Development to establish the allowable floor area for the newly created Lot IB as its existing conditions." ATTACHMENTS: EXHIBIT A -- PROPOSED ORDINANCE REVIEW CRITERIA & STAFF FINDINGS: EXHIBIT B -- SUBDIVISION EXHIBIT C -- REZONING EXHIBIT D -- PUD AMENDMENT SUPPORTING DOCUMENTS: EXHIBIT E - REFERRAL AGENCY COMMENTS EXHIBIT F -- PLANNING AND ZONING COMMISSION RESOLUTION 5 f""] .t') . REVIEW CRITERIA & STAFF FINDINGS In reviewing an application for Subdivision, City Council shall consider the following criteria: EXHIBIT B SUBDIVISION A. General Requirements a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. StaffPinding Staff believes that the proposed subdivision is consistent with Aspen Area Community Plan in that the former Golf Pro Shop was envisioned as being used for non-profit entities such as Junior Golf during the approval process for the conceptual Truscott Planned Unit Development. The use of the former Golf Pro Shop as offices for Aspen Junior Golf was identified by City Council as a good idea in City Council Resolution 41, series of 2000, that approved the conceptual development plan for Truscott. The proposed subdivision will allow Aspen Junior Golf to buy the structure and land beneath it in fee simple ownership as was approved by the voters of the City of Aspen. As stated in the staff memo, the proposed subdivision allows Aspen Junior Golf to continue to enhance the "growth and development of outdoor recreation through expanded partnerships among govermnental agencies, non-profit organizations, and the general citizenry"(AACP Parks, Open Space, and Enviromnent Intent Statement, p.34) by allowing them to subdivide and purchase the facility. b. The proposed subdivision shall be consistent with the character of the existing land uses in the area. Staff Finding Staff feels that the proposed subdivision is consistent with the character of the existing land uses in the area. The proposed use for the subdivided parcel as officelcommercial space for private non-profit entities that provide a community service is similar to the purpose of the Golf Course and it's accessory uses. Staff is proposing a condition of approval that the Community Development Director shall review and determine if a proposed tenant in the former pro shop building provides a public service through the administration of a business license. Staff finds this criterion to be met. c. The proposed subdivision ,shall not adversely affect the future development of surrounding areas. 10 ^ t') Staff Finding Staff believes that the proposed subdivision will not adversely affect the future development of the surrounding areas. The lot that is being subdivided is Lot 1 of the Aspen Golf Course Subdivision. As part of the Truscott Planned Unit Development review, it was not envisioned that this lot would be developed further. The proposed subdivision will not adversely affect the surrounding properties because of the associated PUD amendment would limit the allowable development on Lot lB to ic's existing conditions. Staff finds this criterion to be met. d. The proposed subdivision shall be in compliance with all the applicable requirements of this Title. Staff Finding The proposed subdivision is in compliance with all applicable requirements of the Land Use Code. The current and proposed zone districts for the subject property each require for the dimensional requirements, including minimum lot size to be established by through a PUD. Therefore, regardless of the zoning on the parcel the proposed subdivision will be creating a conforming lot. Staff finds this criterion to be met. A. Land Suitability a. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flOOding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. StaffPinding The proposed subdivision is located on land that is suitable for development and has already been developed. Staff finds this criterion to be met. b. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Staff Finding The public facilities for the proposed subdivision are existing. No expansion of the existing structure or public facilities are being proposed in this application. Staff finds this criterion to be met. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the II ^ t) Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the community. Staff Finding The development in the proposed subdivision is existing. The overall improvements plan for this area was approved in the Truscott Planned Unit Development. Staff finds this criterion to be met. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. StaffPinding There are no design standard variations being requested. Staff finds that this criterion is not applicable to the proposed subdivision. D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staff Finding There are no residential units being proposed as part of the subdivision. Staff finds that this criterion is not applicable to the proposed subdivision. E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. Staff Finding The school land dedication fee is only required for subdivisions that include residential units. The proposed subdivision does not include residential units to be created. Staff finds that this criterion is not applicable to the proposed subdivision. 12 ^ t) EXHIBIT C REZONING FROM PARK WITH A GOLF COURSE SUPPORT OVERLAY TO PUBLIC ZONE DISTRICT REVIEW CRITERIA & STAFF FINDINGS In reviewing an amendment to the official zone district map, City Council shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding The proposed amendment of the official zone district map from Park with a GCS and PUD Overlay to Public is not in conflict with any portion of the Land Use Code. The proposed rezoning does not represent new land use policy or a change in land use policy for the City of Aspen. Staff finds this criterion to be met. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding The 2000 Aspen Area Comprehensive Plan (AACP) calls for furthering the "growth and development of outdoor recreation through expanded partnerships among govermnental agencies, non-profit organizations, and the general citizenry". Staff feels that the proposed rezoning will help to allow Aspen Junior Golf to continue to teach the youth of this community while also providing a seasonal space for other private non-profit entities that provide a community service. The future land use composite map in the AACP categorizes the area in which the former Golf Pro Shop is located as "Community Facility". Staff feels that rezoning this structure to the public zone district would be compatible and fit the future land use vision of the community for this area. Staff finds this criterion to be met. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding The proposed use is compatible with the surrounding zone districts and land uses. The proposed use of office/commercial space for non-profit entities such as Junior Golf is complementary to the surrounding land uses in that it will provide a public function and be recreation oriented. Junior Golf and any other private non-profit organization that may sublease the space can utilize the shared recreation parking. The offices will be convenient for the citizens living in the nearby employee housing units to access, yet they will be located in such a manner in which they will not inadvertently detract from residential parking and increase traffic in the residential portion of the Truscott site. Staff finds this criterion to be met. D. The effect ofthe proposed amendment on traffic generation and road safety. 13 r, .~ StaffFinding The proposed use of office/commercial space for non-profit entities will not increase the traffic demand of the site. Aspen Junior Golf already has been located at the Truscott site for a substantial period of time. Therefore, there will not be an increase in traffic demand in the area due to the proposed use or uses if approved. The Planning and Zoning Commission requested that the Community Development Director pay special attention to the traffic impacts of a proposed tenant when reviewing a business license for a tenant in the former "Pro Shop" space. Staff finds this criterion to be met. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. StaffPinding The rezoning to the Public (PUB) Zone District will not result in increased demand on public facilities. The structure is existing and the impacts are already accommodated for within the current services provided. Staff finds this criterion to be met. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. StaffPinding The rezoning to the Public (PUB) Zone District will not adversely impact the natural enviromnent. The proposed rezoning will not give the applicant any additional development rights because both the current and proposed zone districts require their dimensional requirements to be established through the PUD process. Staff finds this criterion to be met. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. StaffPinding The proposed rezoning is consistent and compatible with the community character in the City of Aspen and in the neighborhood. The educational and community service benefits in which Aspen Junior Golf presents are consistent and compatible with the community's character. Staff finds this criterion to be met. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding The construction of a new Golf Pro Shop and the approval of the Truscott Planned Unit Development have changed the surrounding area in a manner that supports the rezoning of the subject facility to the Public Zone District. Staff feels that the new construction and vacation of this structure provides an adequate facility for Aspen Junior Golf to operate out of that is in an appropriate location in close proximity to the Golf Course. Staff also feels 14 r, ~ that the shared parking provided with the Golf Course will also aid in the operation of another yet undetermined non-profit entity. Staff finds this criterion to be met. 1. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. StaffPinding The rezoning of the former Golf Pro Shop to the Public Zone District is within the purpose and intent of this chapter of the Land Use Code. Staff finds this criterion to be met. 15 r, ,,., EXHIBIT D PUD AMENDMENT REVIEW CRITERIA & STAFF FINDINGS In reviewing an amendment to an approved PUD, City Council shall consider: A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. 3. The proposed development shall not adversely affect the future development ofthe surrounding area. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. StaffPinding _ The proposed PUD amendment is compatible with the surrounding zone districts and land uses. The proposed use of offices/commercial space for Junior Golf and another non-profit organization is complementary to the surrounding land uses in that they will provide a community service much like the Golf Course. The offices will be convenient for the citizens living in the nearby employee housing units to access, yet they will be located in such a manner in which they will not inadvertently detract from parking and increase traffic in the residential portion of the Truscott site. The applicant is exempt from GMQS because they are not proposing to change the use of the structure or increase the net leasable square footage of the existing structure. Staff finds this criterion to be met. B. Establishment of Dimensional Requirements: The final Pun development plans shall establish the dimensional requirements for all properties within the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying zone district shall be used as a gnide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. The proposed dimensional requirements shall comply with the following: 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural or man-made hazards. 16 1""\, ,~ , c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. StaffPinding Staff believes that the impact of the proposed PUD amendment to establish the allowed dimensional requirements for the newly created Lot IB as it's existing conditions will be non-existent. The structure already exists and the proposed use of Aspen Junior Golf already exists at the site and will not increase impacts on parking, traffic, noise, or transit. Staff believes the proposed application will be compatible with existing land uses. Staff finds this criterion to be met. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. StaffPinding The proposed PUD amendment will not change the amount of open space or site coverage within the Truscott Planned Unit Development. By establishing the allowable dimensional requirements on the newly created Lot IB, as it's existing conditions, the massing and scale of the structure will not be allowed to be altered without review of a subsequent amendment to the Truscott Planned Unit Development. Also by establishing the minimum setbacks for the parcel as the existing building footprint, the amount of open space on the parcel will be preserved. Staff finds this criterion to be met. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed. c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the city. Staff Finding As part of the Truscott Planned Unit Development approval, the former Golf Pro Shop was envisioned to be occupied by Aspen Junior Golf. The availability of parking for the Junior 17 r, ~ I," 'l Golf use was considered sufficient in the allotment of spaces that was established for the amalgamation of the recreational uses at the site during the PUD review. Staff does not feel that another non-profit organization's use of a portion of the structure, will cause a great need for parking to be allotted to the use. The Junior Golf use is one that has existed in the past at the site and mainly consists of dropping off and picking up children. This type of use does not put a great deal of stress on the long-term parking situation. The Truscott area is also very accessible by public transportation and pedestrian trails. Staff finds this criterion to be met. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Staff Finding The maximum allowable density will not be reduced. The structure is existing and will not be added onto because the proposed PUD amendment will restrict the allowable floor area for the newly created lot to it's existing conditions. Staff finds that sufficient infrastructure capabilities exist for the proposed uses. Staff finds this criterion to be met. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. Staff Finding The maximum allowable density will not be reduced. Staff finds this criterion not to be applicable to the proposed application. 18 I"\. r"'\ , ./ 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. Staff Finding The maximum density of the PUD is not being increased by the proposed amendment. Staff feels that the proposed use of the property meets the goals of the AACP that call for the further "growth and development of outdoor recreation through expanded partnerships among govermnent agencies, non-profit organizations, and the general citizenry" ( AACP Parks, Open Space, and the Enviromnent Intent Statement, p. 34). Staff finds this criterion to be met. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. 19 I'"'\, t) 5. Adequate pedestrian and handicapped access is provided. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Staff Finding The structure is existing and the relationship between the building and public spaces will be unchanged as a result of the proposed PUD amendment. The site drainage was reviewed as part of the Planned Unit Development approval received in 2001. Staff finds this criterion to be met. D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual cbaracter of the city, with surrounding parcels, and with existing and proposed features ofthe subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding The exterior landscaping is not proposed to be changed as part of the proposed PUD amendment. Staff finds this criterion not to be applicable to the proposed application. E. Architectural Character. It is the purpose of this standard is to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan an architectural character plan, which adequately depicts the character ofthe proposed development. The proposed architecture of the development shall: 20 r\ t), 1. be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. 2. incorporate, to the extent practical, natural heating and cooling by taking advantage ofthe property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems. 3. accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. Staff Finding The structure is existing. The applicant is not requesting changes to the exterior of the building as part of the proposed PUD amendment. Staff finds this criterion not to be applicable to the proposed application. F. Lighting. The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Staff Finding There are no proposed amendments to the exterior lighting as part of this PUD amendment. Staff finds that this criterion is not applicable to the proposed application. G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design ofthe common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features ofthe property, provides visual reliefto the property's 21 f'"'\ ~ J built form, and is available to the mutual benefit of the various land uses and property users ofthe PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. Staff Finding The proposed PUD amendment will not affect the amount of open space or recreation area within the PUD. By establishing an allowable floor area ratio as the existing conditions for the newly created Lot lB, as well as establishing the minimum setbacks as the current building footprint, the open space on that specific parcel will be maintained not withstanding future PUD amendment requests. A PUD amendment application will be required to be submitted and reviewed to reduce the open space on the newly created lot in the future. Staff finds this criterion to be met. H. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost ofthe developer. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding The utilities and public infrastructure on the site are existing. The proposed use will not increase the demand on the existing utilities. Staff finds this criterion to be met. L Access and Circulation. (Only standards 1&2 apply to Minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation ofthe development shall meet the following criteria: 22 1""\ f""\ ? 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. Staff Finding An existing access easement will be maintained across the eastemmost portion of the newly created Lot IB as a condition of approval to allow for golfer traffic to be maintained between the former Golf Pro Shop and the former Red Roof Inn structure. The City shall grant a private access easement across Lot lA for Aspen Junior Golf and their assigns to gain access to the former Golf Pro Shop building as well as the shared recreation parking facility. Staff believes that the access situation is adequately addressed through the assigmnent of the aforementioned easements. Staff finds this criterion to be met. J. Phasing of Development Plan. (does not apply to Conceptual PUD applications) The purpose ofthis criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 23 t""'1 f""'; , d 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees-in-Iieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. StaffFinding There are no improvements to the exterior of the former Golf Pro Shop structure as part of the proposed PUD amendment. There will be no adverse impacts on the neighboring properties as a result of the proposed PUD amendment. Staff finds this criterion to be met. 24 r-.. f) VllCl..r MEMORANDUM TO: Mayor and City Council THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Directo~ FROM: James Lindt, Planner CfL-- RE: Junior Golf Offices Rezoning, Subdivision, PUD Amendment- 1st Reading of Ordinance No. 10, Series of2002 DATE: March 25, 2002 ApPLICANT fOWNER: City of Aspen Recreation Department REPRESENTATIVE: Steve Aitken, Aspen Golf Course Director; Tim Anderson, Recreation Director LOCATION: Former "Aspen Municipal Golf Course Pro Shop" PARCEL ID NUMBER: 2735-11 1-09-001 CURRENT ZONING: Park with Golf Course Support and PUD Overlays PROPOSED ZONING: Public (PUB) Zone District with a PUD Overlay. SUMMARY: The applicant requests to rezone the former "Aspen Municipal Golf Pro Shop" from the Park Zone District with Golf Course Support and PUD (GCS- PUD) Overlays to the Public (PUB) Zone District with a PUD Overlay, and subdivide Lot I of the Aspen Golf Course Subdivision. This will allow for Aspen Junior Golf to purchase the former Pro Shop building in fee simple ownership. An amendment to the approved Truscott Planned Unit Development is also required to assign the newly created lot allowable dimensional requirements. ApPROVED AND CURRENT LAND USE: Golf Pro ShoplNordic Center PROPOSED LAND USE: Commercial/Office Space for Private Non-Profit Entities SUMMARY: The City of Aspen Recreation Department requests to further subdivide Lot 1 of the Aspen Golf Course Subdivision to allow for the sale of the former Golf Course Pro Shop to Aspen Junior Golf for use as commercial/office space for private non-profit uses that provide a community service such as Aspen Junior Golf. The applicant is requesting to rezone Lot IB (please see Exhibit "E") that would be created by the proposed subdivision, to (""\ f">;, -! the Public (PUB) Zone District. The Public Zone District allows for "Public and Private Non- profit uses providing a community service" as a permitted use. The applicant intends to use the former pro shop building as commercial/office space for Aspen Junior Golf, as well as, for another non-profit entity that has yet to be determined. The applicant requests approval of the following land use actions for the former Golf Pro Shop located at the Aspen Municipal Golf Course: :;.. Rezoning from Park with GCS (Golf Course Support) and PUD Overlays to PUB (Public) with a PUD Overlay; :;.. Subdivision- Subdivide Lot 1 of the Aspen Golf Course Subdivision to create a new lot allowing for the City to sell the former Golf Pro Shop structure, as well as the land beneath the structure to Aspen Junior Golf; and, :;.. PUD Amendment to allocate allowable dimensional requirements for the newly created lot. REVIEW PROCEDURE Subdivision, Rezoning, PUD Amendment (Two Step Review). City Council may approve or deny an application for rezoning, subdivision, and a PUD amendment after considering a recommendation from the Planning and Zoning Commission, a recommendation from the Community Development Director, and after considering public comment. Staff Comments: Subdivision: The applicant requests to subdivide Lot 1 of the Aspen Golf Course Subdivision to create a new Lot IB based around the footprint of the former Golf Pro Shop building. The subdivision of this property would allow the City to sell the structure and the land beneath it to Aspen Junior Golf. Staff feels that the proposed application meets the applicable subdivision review standards and finds that the character of the proposed use of private non- profit entities that provide a community service is consistent with the public oriented nature of the surrounding golf course and affordable housing. The newly created lot is proposed large enough to provide a ten-foot buffer around the structure which is necessary to avoid additional fire proofing of the exterior walls and entrance ways. The Uniform Building Code requires that a structure that houses an office use to be fire protected if it is within ten feet of a lot line. A 24' wide private access easement for the benefit of Lot lB is proposed to be overlayed over an existing access easement for the benefit of Lots 2-5. The creation of this easement will allow employees and patrons of Lot IB entrance to the structure, as well as vehicular entrance into the shared recreation parking facility as shown on Exhibit "E". The City of Aspen Engineering Department and utility agencies affected by the proposed subdivision have been consulted and their comments are represented on the draft plat attached as Exhibit "E" (referral comments are attached as Exhibit "F"). 2 r"1 ("'; , Staff believes that the proposed application furthers several of the Aspen Area Community Plan goals. The Aspen Area Community Plan calls for development that enhances the "growth and development of outdoor recreation through expanded partnerships among govermnental agencies, non-profit organizations, and the general citizenry"(AACP Parks, Open Space, and Enviromnent Intent Statement, p.34). Staff believes that the proposed application furthers the aforementioned intent statement and "ensures the provision of public facilities and services to sustain arts, culture, and education in the Community"(AACP Arts, Culture and Education Goal E, p.46). The citizens of the City of Aspen voted on and approved the sale of the building and the land beneath it by the City of Aspen to Aspen Junior Golf. Staff feels that the proposed subdivision application is in keeping with the citizen's intentions as represented in the aforementioned vote. Staff also finds that the proposed subdivision is in compliance with all of the provisions of the Land Use Code. The minimum lot size and allowable floor area ratio in both the Park Zone District in which the property is currently zoned and the Public (PUB) Zone District in which the property is proposed to be rezoned to, are both required by the Land Use Code to be established by a site specific development plan. Therefore, regardless of the parcel's zoning and the associated rezoning application, the allowable dimensional requirements are to be set through a PUD Amendment. Rezoning: Staff believes that the City of Aspen Recreation Department's request to rezone the former Golf Pro Shop to the Public (PUB) Zone District with a PUD Overlay, for the purpose of allowing it to be used as office/commercial space for Aspen Junior Golf and another non- profit entity is compatible with the surrounding land uses. Currently, the office/commercial space for Aspen Junior Golf could be located in the structure without rezoning the property because the Junior Golf use would be classified as an accessory use to the Golf Course. Aspen Junior Golf anticipates that it would like to lease a portion of the space to another private non-profit entity that mayor may not be accessory to the Golf Course. The Public Zone District would allow for private non-profit uses that provide a Community Service as a permitted use. Therefore, the applicant is requesting to rezone the newly created lot to the Public (PUB) Zone District with a PUD Overlay. Staff feels that the former Golf Pro Shop is an ideal and sensible location for Aspen Junior Golf to be located. The applicant has consented to limit the space to be leased out to no more than 50% of the building's 1,248 net leasable square feet and limit the use of the non- profit entity to lease the space to an arts, cultural, recreational oriented entity. Staff is proposing a condition of approval be placed on the subdivision application that requires a perspective tenant in the building to be reviewed and found to provide a community service by the Community Development Director through the issuance of a business license. Staff believes that this condition will insure that the use of the space remains in compliance with the intent of the Public Zone District. 3 r'\ i"""\ , :4 Staff believes that the proposal helps Aspen Junior Golf to flourish in teaching the community's youth appreciation for Aspen's recreational resources and encouraging the youth to be involved in recreational activities. Staff also feels that the proposal furthers the AACP Parks and Open Space Intent Statement that "encourages growth and development of outdoor recreation through expanded partnerships among govermnent agencies, non-profit organizations, and the general citizenry". Staff also believes that the proposed rezoning application meets the Aspen Area Community Plan's (AACP) Economic Stability Chapter goal that calls for govermnent to "support a diverse business and nonprofit community". Staff finds that the proposed application for rezoning meets the applicable review standards set forth in Land Use Code Section 26.310.040. The Planning and Zoning Commission recommended that City Council approve the proposed rezoning application. However, the Planning and Zoning Commission did express concerns about the uncertainty surrounding the non-profit entity to occupy a portion of the former "Pro Shop" space. Staff has proposed a condition of approval that any future non- profit tenant be reviewed and approved by the Community Development Director. The Director must find the tenant to be providing a community service as the Public Zone District requires. The Commission also requested that the Community Development Director pay special attention to the traffic and parking impacts in reviewing any business license request for the subject space. It is within the Community Development Director's authorities to interpret, approve, or deny proposed uses that fall under the permitted use category in a zone district and this will occur when the use is proposed. Pun Amendment: Because the land to be subdivided is part of the existing Truscott Planned Unit Development, the applicant must amend the site-specific development plan to set dimensional standards for the newly created lot. The applicant is proposing that the allowable floor area for the newly created lot are its existing conditions. The applicant is also proposing that the minimum lot size be set at 3,897 square feet which is the lot size of the proposed new lot lB. This will prevent Aspen Junior Golf from expanding the existing structure without gaining approval for growth management and a PUD amendment to determine the impacts of any proposed expansion. Establishing the existing conditions as the allowable dimensional requirements will also insure that the impacts of any future expansion to the structure will be mitigated for appropriately. Staff is proposing a condition of approval that requires the applicant to place a note on the plat that limits the allowable floor area ratio for the newly created lot to it's existing conditions. STAFF ANALYSIS SUMMARY: Staff finds that the proposed rezoning application meets or exceeds the requirements set forth in Land Use Code Section 26.310.040, to approve an amendment to the official zone district map. Staff also finds that the proposed subdivision and PUD amendment meets the respective criteria to approve the proposed application. Staff recommends that the City Council approve the proposed rezoning, subdivision, and PUD amendment application with the conditions set forth in the proposed ordinance. Please see Exhibits B, C, and D for findings. 4 r" ~ , STAFF RECOMMENDATION: Staff recommends that City Council approve with conditions the proposed rezoning to the Public Zone District with a PUD Overlay, the subdivision of Lot 1 of the Aspen Golf Course Subdivision as shown on the proposed plat (Exhibit E), and a PUD amendment to establish the allowable dimensional requirements for the newly created lot as its existing conditions. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission recommends that City Council approve with conditions the proposed subdivision, rezoning, and PUD amendment application. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No. 10 , Series of 2002, approving with conditions the proposed application to subdivide Lot I, Aspen Golf Course Subdivision into Lots lA and IB, and to rezone the newly created Lot 1B to the Public Zone District with a PUD Overlay, and to amend the Truscott Planned Unit Development to establish the allowable floor area for the newly created Lot IB as its existing conditions." ATTACHMENTS: EXHIBIT A -- PROPOSED ORDINANCE REVIEW CRITERIA & STAFF FINDINGS: EXHIBIT B -- SUBDIVISION EXHIBIT C -- REZONING EXHIBIT D -- PUD AMENDMENT SUPPORTING DOCUMENTS: EXHIBIT E - PROPOSED SUBDIVISION MAP & ApPLICATION EXHIBIT F - REFERRAL AGENCY COMMENTS EXHIBIT G -- PLANNING AND ZONING COMMISSION RESOLUTION 5 1""\ 1""\ ../ EXHIBIT B SUBDIVISION REVIEW CRITERIA & STAFF FINDINGS In reviewing an application for Subdivision, City Council shall consider the following criteria: A. General Requirements a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. Staff Finding Staff believes that the proposed subdivision is consistent with Aspen Area Community Plan in that the former Golf Pro Shop was envisioned as being used for non-profit entities such as Junior Golf during the approval process for the conceptual Truscott Planned Unit Development. The use of the former Golf Pro Shop as offices for Aspen Junior Golf was identified by City Council as a good idea in City Council Resolution 41, series of 2000, that approved the conceptual development plan for Truscott. The proposed subdivision will allow Aspen Junior Golf to buy the structure and land beneath it in fee simple ownership as was approved by the voters of the City of Aspen. As stated in the staff memo, the proposed subdivision allows Aspen Junior Golf to continue to enhance the "growth and development of outdoor recreation through expanded partnerships among govermnental agencies, non-profit organizations, and the general citizenry"(AACP Parks, Open Space, and Enviromnent Intent Statement, p.34) by allowing them to subdivide and purchase the facility. b. The proposed subdivision shall be consistent with the character of the existing land uses in the area. Staff Finding Staff feels that the proposed subdivision is consistent with the character of the existing land uses in the area. The proposed use for the subdivided parcel as office/commercial space for private non-profit entities that provide a community service is similar to the purpose of the Golf Course and it's accessory uses. Staff is proposing a condition of approval that the Community Development Director shall review and determine if a proposed tenant in the former pro shop building provides a public service through the administration of a business license. Staff finds this criterion to be met. c. The proposed subdivision shall not adversely affect the future development of surrounding areas. 10 ^ ~ Staff Finding Staff believes that the proposed subdivision will not adversely affect the future development of the surrounding areas. The lot that is being subdivided is Lot 1 of the Aspen Golf Course Subdivision. As part of the Truscott Planned Unit Development review, it was not envisioned that this lot would be developed further. The proposed subdivision will not adversely affect the surrounding properties because of the associated PUD amendment would limit the allowable development on Lot lB to it's existing conditions. Staff finds this criterion to be met. d. The proposed subdivision shall be in compliance with all the applicable requirements of this Title. Staff Finding The proposed subdivision is in compliance with all applicable requirements of the Land Use Code. The current and proposed zone districts for the subject property each require for the dimensional requirements, including minimum lot size to be established by through a PUD. Therefore, regardless of the zoning on the parcel the proposed subdivision will be creating a conforming lot. Staff finds this criterion to be met. A. Land Suitability a. Land suitability. The proposed subdivision shall not be located on land unsuitable for devell!pment because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare ofthe residents in the proposed subdivision. Staff Finding The proposed subdivision is located on land that is suitable for development and has already been developed. Staff finds this criterion to be met. b. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Staff Finding The public facilities for the proposed subdivision are eXlstmg. No expansion of the existing structure or public facilities are being proposed in this application. Staff finds this criterion to be met. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the 11 t"o, r-. j Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the community. Staff Finding The development in the proposed subdivision is existing. The overall improvements plan for this area was approved in the Truscott Planned Unit Development. Staff finds this criterion to be met. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. Staff Finding There are no design standard variations being requested. Staff finds that this criterion is not applicable to the proposed subdivision. D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staff Finding There are no residential units being proposed as part of the subdivision. Staff finds that this criterion is not applicable to the proposed subdivision. E. School Land Dedication. ,Compliance with the School Land Dedication Standards set forth at Chapter 26.630. Staff Finding The school land dedication fee is only required for subdivisions that include residential units. The proposed subdivision does not include residential unit~ to be created. Staff finds that this criterion is not applicable to the proposed subdivision. 12 1"""\ n EXHIBIT C REZONING FROM PARK WITH A GOLF COURSE SUPPORT OVERLAY TO PUBLIC ZONE DISTRICT REVIEW CRITERIA & STAFF FINDINGS In reviewing an amendment to the official zone district map, City Council shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding The proposed amendment of the official zone district map from Park with a GCS and PUD Overlay to Public is not in conflict with any portion of the Land Use Code. The proposed rezoning does not represent new land use policy or a change in land use policy for the City of Aspen. Staff finds this criterion to be met. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding The 2000 Aspen Area Comprehensive Plan (AACP) calls for furthering the "growth and development of outdoor recreation through expanded partnerships among govermnental agencies, non-profit organizations, and the general citizenry". Staff feels that the proposed rezoning will help to allow Aspen Junior Golf to continue to teach the youth of this community while also providing a seasonal space for other private non-profit entities that provide a community service. The future land use composite map in the AACP categorizes the area in which the former Golf Pro Shop is located as "Community Facility". Staff feels that rezoning this structure to the public zone district would be compatible and fit the future land use vision of the community for this area. Staff finds this criterion to be met. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding The proposed use is compatible with the surrounding zone districts and land uses. The proposed use of office/commercial space for non-profit entities such as Junior Golf is complementary to the surrounding land uses in that it will provide a public function and be recreation oriented. Junior Golf and any other private non-profit organization that may sublease the space can utilize the shared recreation parking. The offices will be convenient for the citizens living in the nearby employee housing units to access, yet they will be located in such a manner in which they will not inadvertently detract from residential parking and increase traffic in the residential portion of the Truscott site. Staff finds this criterion to be met. D. The effect of the proposed amendment on traffic generation and road safety. 13 r'" t') ;J StaffFinding The proposed use of office/commercial space for non-profit entities will not increase the traffic demand of the site. Aspen Junior Golf already has been located at the Truscott site for a substantial period of time. Therefore, there will not be an increase in traffic demand in the area due to the proposed use or uses if approved. The Planning and Zoning Commission requested that the Community Development Director pay special attention to the traffic impacts of a proposed tenant when reviewing a business license for a tenant in the former "Pro Shop" space. Staff finds this criterion to be met. E. Whether and the extent t9 which the proposed amendment would result in demands on public facilities, and whether the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding The rezoning to the Public (PUB) Zone District will not result in increased demand on public facilities. The structure is existing and the impacts are already accommodated for within the current services provided. Staff finds this criterion to be met. F. Whether and the extent to which the. proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding The rezoning to the Public (PUB) Zone District will not adversely impact the natural environment. The proposed rezoning will not give the applicant any additional development rights because both the current and proposed zone districts require their dimensional requirements to be established through the PUD process. Staff finds this criterion to be met. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding The proposed rezoning is consistent and compatible with the community character in the City of Aspen and in the neighborhood. The educational and community service benefits in which Aspen Junior Golf presents are consistent and compatible with the community's character. Staff finds this criterion to be met. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding The construction of a new Golf Pro Shop and the approval of the Truscott Planned Unit Development have changed the surrounding area in a manner that supports the rezoning of the subject facility to the Public Zone District. Staff feels that the new construction and vacation of this structure provides an adequate facility for Aspen Junior Golf to operate but of that is in an appropriate location in close proximity to the Golf Course. Staff also feels 14 1""'\, I'"') that the shared parking provided with the Golf Course will also aid in the operation of another yet undetermined non-profit entity. Staff finds this criterion to be met. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding The rezoning of the former Golf Pro Shop to the Public Zone District is within the purpose and intent of this chapter of the Land Use Code. Staff finds this criterion to be met. 15 f") ,"1 , .; EXHIBIT D PUD AMENDMENT REVIEW CRITERIA & STAFF FINDINGS In reviewing an amendment to an approved PUD, City Council shall consider: A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. 3. The proposed development shall not adversely affect the future development of the surrounding area. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. Staff Finding The proposed PUD amendment is compatible with the surrounding zone districts and land uses. The proposed use of offices/commercial space for Junior Golf and another non-profit organization is complementary to the surrounding land uses in that they will provide a community service much like the Golf Course. The offices will be convenient for the citizens living in the nearby employee housing units to access, yet they will be located in such a manner in which they will not inadvertently detract from parking and increase traffic in the residential portion of the Truscott site. The applicant is exempt from GMQS because they are not proposing to change the use of the structure or increase the net leasable square footage of the existing structure. Staff finds this criterion to be met. B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. The proposed dimensional requirements shall comply with the following: 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural or man-made hazards. 16 r, n c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. Staff Finding Staff believes that the impact of the proposed PUD amendment to establish the allowed dimensional requirements for the newly created Lot lB as it's existing conditions will be non-existent. The structure already exists and the proposed use of Aspen Junior Golf already exists at the site and will not increase impacts on parking, traffic, noise, or transit. Staff believes the proposed application will be compatible with existing land uses. Staff finds this criterion to be met. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding The proposed PUD amendment will not change the amount of open space or site coverage within the Truscott Planned Unit Development. By establishing the allowable dimensional requirements on the newly created Lot lB, as it's existing conditions, the massing and scale of the structure will not be allowed to be altered without review of a subsequent amendment to the Truscott Planned Unit Development. Also by establishing the minimum setbacks for the parcel as the existing building footprint, the amount of open space on the parcel will be preserved. Staff finds this criterion to be met. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed. c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity ofthe proposed development to the commercial core and general activity centers in the city. Staff Finding As part ofthe Truscott Planned Unit Development approval, the former Golf Pro Shop was envisioned to be occupied by Aspen Junior Golf. The availability of parking for the Junior 17 1""'\ n Golf use was considered sufficient in the allotment of spaces that was established for the amalgamation ofthe recreational uses at the site during the PUD review. Staff does not feel that another non-profit organization's use of a portion of the structure, will cause a great need for parking to be allotted to the use. The Junior Golf use is one that has existed in the past at the site and mainly consists of dropping off and picking up children. This type of use does not put a great deal of stress on the long-term parking situation. The Truscott area is also very accessible by public transportation and pedestrian trails. Staff finds this criterion to be met. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Staff Finding The maximum allowable density will not be reduced. The structure is existing and will not be added onto because the proposed PUD amendment will restrict the allowable floor area for the newly created lot to it's existing conditions. Staff finds that sufficient infrastructure capabilities exist for the proposed uses. Staff finds this criterion to be met. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of aPUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. Staff Finding The maximum allowable density will not be reduced. Staff finds this criterion not to be applicable to the proposed application. 18 "....., (') 6. The maximum allowable density within a PUD may be increased ifthere exists a significant community goal tobe achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. Staff Finding The maximum density of the PUD is not being increased by the proposed amendment. Staff feels that the proposed use of the property meets the goals of the AACP that call for the further "growth and development of outdoor recreation through expanded partnerships among govermnent agencies, non-profit organizations, and the general citizenry" ( AACP Parks, Open Space, and the Enviromnent Intent Statement, p. 34). Staff finds this criterion to be met. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features ofthe site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. 19 1'"', n ''''} 5. Adequate pedestrian and handicapped access is provided. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Staff Finding The structure is existing and the relationship between the building and public spaces will be unchanged as a result of the proposed PUD amendment. The site drainage was reviewed as part of the Planned Unit Development approval received in 2001. Staff finds this criterion to be met. D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character ofthe city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding The exterior landscaping is not proposed to be changed as part of the proposed PUD amendment. Staff finds this criterion not to be applicable to the proposed application. E. Architectural Character. It is the purpose of this standard is to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character ofthe proposed development. There shall be approved as part of the final development plan an architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 20 ,-" ,. . () " ;~ 1. be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. 2. incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems. 3. accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. Staff Finding The structure is existing. The applicant is not requesting changes to the exterior of the building as part of the proposed PUD amendment. Staff finds this criterion not to be applicable to the proposed application. F. Lighting. The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Staff Finding There are no proposed amendments to the exterior lighting as part of this PUD amendment. Staff finds that this criterion is not applicable to the proposed application. G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the ,character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's 21 ("'\, r\ \ ;1 built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. Staff Finding The proposed PUD amendment will not affect the amount of open space or recreation area within the PUD. By establishing an allowable floor area ratio as the existing conditions for the newly created Lot lB, as well as establishing the minimum setbacks as the current building footprint, the open space on that specific parcel will be maintained not withstanding future PUD amendment requests. A PUD amendment application will be required to be submitted and reviewed to reduce the open space on the newly created lot in the future. Staff finds this criterion to be met. H. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding The utilities and public infrastructure on the site are existing. The proposed use will not increase the demand on the existing utilities. Staff finds this criterion to be met. I. Access and Circulation. (Only standards 1&2 apply to Minor PUD applications) The purpose ofthis standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 22 ,.." i"""'l -:'I 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. Staff Finding An existing access easement will be maintained across the eastermnost portion of the newly created Lot 1 B as a condition of approval to allow for golfer traffic to be maintained between the former Golf Pro Shop and the former Red Roof Inn structure. The City shall grant a private access easement across Lot lA for Aspen Junior Golf and their assigns to gain access to the former Golf Pro Shop building as well as the shared recreation parking facility. Staff believes that the access situation is adequately addressed through the assignment of the aforementioned easements. Staff finds this criterion to be met. J. Phasing of Development Plan. (does not apply to Conceptual PUD applications) The purpose ofthis criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an iudividual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD developmeut plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent , practical, occupants ofinitial phases from the construction oflater phases. 23 .^ ~ 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees-in-Iieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding There are no improvements to the exterior of the former Golf Pro Shop structure as part of the proposed PUD amendment. There will be no adverse impacts on the neighboring properties as a result of the proposed PUD amendment. Staff finds this criterion to be met. 24 ~ -.;;,.'- 1""'\ n fxh,'kJl' ~\\ G. /1 -'" , , . ""', '" TO: JAMES LINDT, COMMUNITY DEVELOPMENT DEPT. FROM TIM ANDERSON, RECREATION DIRECTOR STEVE AITKEN, GOLF DIRECTOR DATE: JANUARY 24, 2002 RE: GOLF PRO SHOP SUBDIVISION 26.310.40 Standards of review. A. N/A B. Yes, this use currently exists and is consistent with the AACP. C. This use is compatible with the surrounding zone districts as it is an existing use and is simply changing ownership. D. There will be no affect on traffic generation as the use already exists and construction took place in 2001 to allow smoother flow of both pedestrian and vehicular traffic in this area. E. This development will place no additional burden upon public facilities, as it is an existing use with a simple change in ownership. In addition utility upgrades were made in 200 I to better serve all improvements to the golf course facilities. F. No adverse impacts on the enviromnent. Existing use. G. This use is consistent with the Aspen Character as it provides programming for youth in our community, and the building already exists. H. The change is in the use of the building only and will ease the burden upon this particular lot over the previous use. r. The use has only the best interest of the public as its intent. PUD Amendment 26.445.040 C. Dimensional Requirements. The existing Dimensional Requirements will be used in this application with no changes. ^ 1"'"'1 26.445.050 Review Stan~rds: Conceptual, Final, Consolidated, and Minor PUD. A. General Requirl:ments. The proposed development is consistent with the AACP, it preserves the character of the land and surrounding areas, it does not adversely affect the future development of surrounding areas, and is pursuing an exemption from GMQS as it is an existing use on this site. B. Establi&hment of Dimensional Requirements: 1. The proposed development is an existing use and maintains the character, compatibility, and use of this site. 2. The mass is favorable, as it is an existing use. 3. This development will not create any additional traffic to the area. In 2001 additional improvements were made to better accommodate traffic to this area and parking. 4. Adequate utilities and roads serve this site and were upgraded in 2001 to accommodate all uses in this area. 5. This is an existing use. 6. There is no increase in density as this is an existing use. This use meets the goals of the community. C. Site Design. The site is an existing use, although in 2001 utility, road, public access, drainage, parking, and site improvements were all made to ensure appropriate levels of service in all the aforementioned areas. D. Landscape Plan. This development is an existing use and landscaping currently exists. Current vegetation is being preserved and the surrounding site will gain additional landscaping. E. Architectural Character. This building (development) already exists on the site. There is simply a change in use and ownership. F. Lighting. Existing lighting will be used. G. Common Park, Open Space, or Recreation Area. The development is existing. It is part of the golf course operations and fits well within the intended use of this area. The golf course is open space that serves this development use. H. Utilities and Public Facilities. This development does not adversely affect the City's infrastructure. In 2001 improvements were made to better accommodate all uses in this development. ^' ~ I. Access and Circulation. This development has adequate access to roads, parking, pedestrian access, and public transportation. In 2001 improvements were made to the site to add parking, improve roads, place a traffic control device in service, and add pedestrian trails along with improved bus access. J. Phasing of Development Plan. N/A 26.480.50 Review Standards. A. General Requirements. a. The subdivision is consistent with the AACP. b. The proposed subdivision is consistent with a use of the golf course. c. The proposed subdivision will not adversely affect the development of surrounding areas, as it is an existing facility and will contain a use consistent with a golf course operation. d. The proposed subdivision is in compliance with all applicable requirements. B. Suitability of/and subdivision. a. The proposed subdivision is not located on land unsuitable for development. This is an existing building in which a change of use is taking place. b. The proposed subdivision does not create spatial patterns that cause inefficiencies. As a matter of fact the proposed subdivision is consistent with a golf operation and probably creates more efficiencies in the golf course operations. C. Improvements. 1. Again this use is consistent with a golf operation and should not create any hardships or incompatibilities in the proposed subdivision. 2. This subdivision is simply taking an existing building used for golf operations and changing the use to another golf program operation. D. Affordable Housing. This subdivision is requesting an exemption from GMQS as the building already exists for golf operations, and the program moving into the building already exists and operates at on the premises. The ownership is the only change taking place. E. School Land Dedication. N/A f"', r) AFFIDA VIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: j;t/ U1 'e.lf' GtY / r PI/' () S!2/;,j;in, CO SCHEDULED PUBLIC HEARING DATE: '-i tl?fk'~ ,200_ STATE OF COLORADO ) ) SS. County of Pitkin ) . L f 111 !, \. ~ q lAA -{2S I I/( d!T" (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that! have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: 4~UbliCation 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 at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. - Posting of notice: By posting of notice, which form was obtained frori\ the c;pmmunity Development Department, which was made of suitable, ~ 'waterproof materials, which was not less than twenty-two (22) inches wide . and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least ten (10) days prior to the public hearing and was continuously visible from the _ day of ,200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. _ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least ten(IO) days prior to the public hearing, notice was hand delivered or mailed by first class, post1ia~repaid U.S. mail to all owners of property within three hundred (300) feet of the p"operty subject to the development application, and, at least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service' district or other goverrunental or quasi-goverrunental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) r'1 t') AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: :::;<1.s-S-1 II6Jv f1 L, / , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 200 .-z... , - STATE OF COLORADO ) ) ss. Connty of Pitkin ) I, S-re:c/e AJ -r1-{6.,d (name,pleaseprint) 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) of the Aspen Land Use Code in the following manner: ~ 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 at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. ~ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed ofletters not less than one inch in height. Said notice was posted at least ten (10) <4YO'l'H prior to the public hearing and was continuously visible from the ~ of /1P1.....CIf ,200-L, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. ~ailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days prior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application, and, at least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal govemment, school, service district or other govermnental or quasi-govermnental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) 1""'\, ~ ~ Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text ofthis Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the propose cli ge shall be waived. However, the proposed zoning map has been av labl for public inspection in the planning agency during all business hour for fi een (15) days prior to the public hearing on such amendments. ~ Signature The fOregO~avit of Notice" was acknowledged befoAme-t~i~ day of oY') , 20~, by S-r-'ivVi2./ ,itl<.Z WITNESS MY HAND AND OFFICIAL SEAL My commission expires:t-l / ~~/:::lJ::J;::::'5 S- Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL r, JEFFERIES BOYD L REVOCABL JEFFERIES SHARON K AS TRUSTEE PO BOX 8208 ASPEN, CO 8161l THOMPSON VYONNE H POBOX 6446 SNOWMASS VILLAGE, CO 81615-6446 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 8161l WORCESTER JOHN P 707 CEMETERY LN ASPEN, CO 81611 PATTERSON FAMILY TRUST 580 CEMETERY LN #1 ASPEN, CO 81611 GEER JANE MOORE 1/3 PO BOX 126 WOODY CREEK, CO 81656 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 FERNANDEZ ERIN L 315 E HYMAN AVE STE 305 ASPEN, CO 81611 PITKIN COUNTY 530 E MAIN ST STE 302 ASPEN, CO 8161l f""\ JENSEN ROBERT N & KRISTIN ' PO BOX 7847 ASPEN, CO 81612 WALSH MICHAEL G & P A TRICI PO BOX 756 ASPEN, CO 81612 ZELLER GERD PO BOX 37 ASPEN, CO 81612 MACCASKILL PAUL L 644 S FIGUEROA LOS ANGELES, CA 90017 SHARP WILLIAM L & PATRICI PO BOX 8630 ASPEN, CO 81612 PATTERSON DANIEL EDWARD & 580 CEMETERY LN UNIT 2 ASPEN, CO 81611 MOSLE PAULA M 6125 WESTWICK DALLAS, TX 75205 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 HARVEY DR HAROLD K 42D AABC ASPEN, CO 81611-3548 GREENE ANTHONY F 705 CASTLE CREEK DR ASPEN, CO 81611 CHAPMAN CONDOS ASPEN SCHOOL DISTRICT 0235 HIGH SCHOOL RD ASPEN, CO 8161l BARWICK STEPHEN H BARWICK AMY L AS JOINT TENANTS 705 CEMETERY LN ASPEN, CO 81611 OREN NEDRA 1997 RESIDENCE 3526 BA YSHORE VILLAS DR COCONUT GROVE, FL 33133 WERNER SARAH R RESIDENCE POBOX 503 BELLEVUE, WA 98009-3884 PITKIN COUNTY 530 E MAIN ST STE 302 ASPEN, CO 81611 HOLY CROSS ELECTRIC ASSN PROPERTY TAX DEPT DRAWER 2150 GLENWOOD SPRINGS, CO 81602 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 8161l 1""""\ ~ TRUSCOTT PHASE II LLLP 530 E MAIN ST LOWER LEVEL ASPEN, CO 81611 BLACK BETSY P PO BOX 3904 ASPEN, CO 81612 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 8161l ESARY GARY S ENGLANDER ALAN S TRUST CITY OF ASPEN PO BOX 8725 323 RAILROAD AVE 130 S GALENA ST ASPEN, CO 81612 GREENWICH, CT 06836 ASPEN, CO 81611 SCHWARTZ EDWARD H REV STRICKSTEIN F AMIL Y TRUST JEHOV AHS WITNESSES ASPEN TRU 12599 E SILVER SPUR C/O ROGER LONG 135 S LASALLE ST SCOTTSDALE, AZ 85259 PO BOX 3849 CHICAGO, IL 60603 ASPEN, CO 81612 WALL CHARLES R GLEASON AUSTIN W & WINCHESTER ROBERT P 188 E 70TH ST GEORGE PO BOX 5000 NEW YORK, NY 10021-5170 2900 HEARNE AVE SNOWMASS VILLAGE, CO SHREVEPORT, LA 71103 81615 WEIMANN JOACHIM J & STAPLETON GREGORY P & ROWLANDS DONNA K RENAT ELA REVOCABL 775 CEMETERY LN 3061 FARINGFORD RD 770 CEMETERY LN ASPEN, CO 81611 THOUSAND OAKS, CA 91361- ASPEN, CO 81611 5334 CITY OF ASPEN ZANIN F AMIL Y INVESTMENTS FARINO CAROL 130 S GALENA ST 00308 MC SKIMMING RD PO BOX 10421 ASPEN, CO 8161l ASPEN, CO 81611 ASPEN, CO 81612 OBRIEN MERLE JABLIN & THO 745 CEMETERY LN ASPEN, CO 81611 ORE BUCKET ASSOCIATES CONNERY ROBERT T C/O PO BOX 8749 DENVER, CO 80201 CALLAHAN JOHN E CALLAHAN CYNTHIA A 750 CEMETERY LN ASPEN, CO 81611 MARKS LARRY J & DIANE NAN 39500 HWY 82 ASPEN, CO 81611 CARRIS SANDRA L TRUST NUM 735 CEMETERYLN ASPEN, CO 81611 GALARDI JOHN & CYNTHIA L 4440 VON KARMAN AVE STE #222 NEWPORT BEACH, CA 92660 TROTT PATRICIA P & HOUGH POBOX 1994 ASPEN, CO 8161l MENSCHER DAVID F & LEL Y A PO BOX 3707 ASPEN, CO 81612 GREENBERG DEBRA S & PETER 22 PYRAMID RD ASPEN, CO 81611 DRUEDING WILLIAM L & THOM 735 CEMETERY LN #B ASPEN, CO 81611 CONGER STEVEN J 3/4 130 S BIRCH ST DENVER, CO 80246 HUTTON ROBERT C 725 CEMETERY LN ASPEN, CO 81611 r, HOPKINS CHARLES FREDERIC 3601 E COVE PT DR SALT LAKE CITY, UT 84109 HAMSHER JOHN HERBERT 50% 1475 SIERRA VISTA DR ASPEN, CO 81611 KRIEBEL KATHLEEN PO BOX 910 ASPEN, CO 81612 CHERRY ADAM Z & MARY C 139 9TH ST DEL MAR, CA 92014 A & L RANCH LTD C/O VENDEL Y COMMUNICATIONS INC 12722 RIVERSIDE DR SUITE 106 VALLEY VILLAGE, CA 91607 FIRST BAPTIST CHURCH 726 W FRANCIS ST ASPEN, CO 81611 HALL J BENNETT & CHRISTIN 1225 ALTA VISTA ASPEN, CO 81611 JBL KEYSTONE LLC POBOX 8355 ASPEN, CO 81612 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 COOPER JODY 810 BONITA DR ASPEN, CO 81611 EMMER JAMIE L & MAURICE S 660 HANSEN WAY PALO ALTO, CA 94304 DAVIDSON DONALD 864 CEMETERY LN ASPEN, CO 81611 LARSON REVOCABLE GRANTOR LARSON RAYMOND & BETTY TRUSTEES 216 SKYLINE DR EAU CLAIRE, WI 54703-5923 RILEY JAMES V REV TRUST 800 BONITE DR ASPEN, CO 81611 HANRAHAN RUTH L OWENS 805 BONITA DR ASPEN, CO 81611 BEER MARIL YN C 1443 DAHLIA ST DENVER, CO 80220 STERTZER ELIANE C PO BOX 2746 ASPEN, CO 81612 HALL J BENNETT & CHRISTIN 1227 ALTA VISTA LN #2 ASPEN, CO 81611 ~ l HELMICH LINDA L PO BOX 2382 ASPEN, CO 81612 PEIRCE THOMAS L 825 BONITA DR ASPEN, CO 81611 MCGIL VRA Y JOYCE 325 ARLINGTON DR PASADENA, CA 91105 NELSON GEORGE W & BARBARA 4658 E SHADOWROCK RD PHOENIX, AZ 85028 CHALOUPKA DONALD & VIRGIN PO BOX 393 FRASER, CO 80442-0393 ffiL KEYSTONE LLC POBOX 8355 ASPEN, CO 81612 SIW AK ALVIN L TRUST 50% 323 CARLYLE LAKE DR ST LOUIS, MO 63141 DANKS LAURA 845 CEMETERY LN ASPEN, CO 81611 HOMEYER EVE 810 CEMETERY LN ASPEN, CO 81611 KENDALL PHILLIP A 1915 WOOD AVE COLORADO SPRINGS, CO 80907 MCDONALD STEPHEN POBOX 3751 ASPEN, CO 81612 SEVERY BETTY K 68.79% 1390 SIERRA VISTA DR ASPEN, CO 81611 DICKER IAN 5 HIGHGATE HILL TOORAKAUSTRALIA, 3142 DUBLIN LEONARD & ADELE 3801 NE 207TH ST N MIAMI BEACH, FL 33180 1472 SIERRA VISTA LLC 407 ASPEN OAK DR ASPEN, CO 8161l CONNER CLAUDE M PO BOX 345 ASPEN, CO 81612 SCHWARZ HANS P REVOCABLE 840 BONITA DR ASPEN, CO 81611 MAROLT MAXWELL S & ELIZAB POBOX 1013 ASPEN, CO 81612 DUNN JOSEPH P l/2 INT PO BOX 9075 ASPEN, CO 81612 1"'\ LANG JENNIFER PO BOX 5001 ASPEN, CO 81612 ANDERSON PARKER T & CYNTH C/O WING MERRILL 1345 SIERRA VISTA DR ASPEN, CO 81611 EPOCH ASPEN DEVELOPMENT L 359 CAROLINA AVE WINTER PARK, FL 32789 BALAS SHELDON & RUTHANN 1450 SIERRA VISTA #B ASPEN, CO 81611 PYRAo/!ID PEAK PROPERTIES 325 E HOPKINS A VB ASPEN, CO 81611 FELDMAN GARY M 50% PO BOX 4464 ASPEN, CO 81612 FURTH MARY P & DANIEL T PO BOX 8849 ASPEN, CO 81612 ODONNELL JOHN & ADRIENNE 1425 B SIERRA VISTA ASPEN, CO 8161l WEBER JENNIFER L PO BOX 2446 FRISCO, CO 80443-2446 GRYNBERGRACHELSUSAN TRU 5000 S QUEBEC STE 500 DENVER, CO 80237 1"'\ }, MODELL F AMIL Y LP 1350 SIERRA VISTA ASPEN, CO 8161l HIGHLANDS PARTNERSHIP C/O MITTON CHARLES PO BOX 24123 DENVER, CO 80224-0123 THURNAU GARY R 3960 E SAINT ANDREWS DR SPRINGFIELD, MO 65809-1531 STAUFFER JOHN Q STAUFFER LESLIE K AS JOINT TENANTS 4915 NEW PROVIDENCE AVE TAMPA, FL 33629 ASPEN LAKE PROPERTY LLC 117 AABC STE 208 ASPEN, CO 81611 URIS ITLL P 1415 SIERRA VISTA DR ASPEN, CO 81611 DUNN JOSEPH & LUCY HALL 1 1416 GATEWAYRD SNOWMASS, CO 81654-921l WALBERT DAVID & ELLEN 1425 SIERRA VISTA DR ASPEN, CO 81611 GREINER JEAN M TRUST 6153 MURRY RD WHITEHALL, MI 49461 BICKERT CARL VONEISEN & S 395 DEXTER DENVER, CO 80202 LYONS CHARLES P & EDELTRA 1690 HOMES TAKE DR ASPEN, CO 81611 COOPER JOHN C/O H COOPER SUPPLY PO BOX 1747 SPRINGFIELD, MO 65801 NIVEN MICHAEL C 875 CHATFIELD RD ASPEN, CO 81611 MILLER JOHN L & KATHERINE 1490 SILVER KING DR ASPEN, CO 81611 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 P&S DATA LC PROFITSHARING FBO PHILLIPS STEVEN J 8081 COBBLESTONE RD DES MIONES, IA 50322 HORNING ROBERT P & KHARA 1005 CEMETERY LN ASPEN, CO 81611-1015 STITT HAROLD L & AUSTINE 1450 SILVER KING DR #1 ASPEN, CO 81611 ORION F AMIL Y LTD LLLP 1450 SILVER KING DR ASPEN, CO 8161] BROWN DONNA L 1425 SIL VERKING DR ASPEN, CO 8]61] ("\ (') BRESNITZ KURT G & LOTTE S . 1650 HOMES TAKE DR ' ASPEN, CO 81611 DALY JUDITH J 520 W HALLAM ST ASPEN, CO 81611 TAYLOR J DAVID 221 N STARWOOD DR ASPEN, CO 81611-9724 PHILLIPS SUSAN Z & STEVEN 8081 COBBLESTONE RD URBANDALE, IA 50322-4422 BLUEPOINT PROPERTIES LLLP 1450 SILVER KING DR ASPEN, CO 81611 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 TUMMINARO F AMIL Y TRUST 245 BROOKWOOD RD WOODSIDE, CA 94062 SILVER QUEEN LLLP 1452 SILVER KING DR ASPEN, CO 81611 RED BUTTE CEMETERY PO BOX 194 ASPEN, CO 816]] FOULARD M W COMPANY 2930 REVERE STE 200 HOUSTON, TX 770]9 KAUFMAN CURTIS & JILL 905 CHATFIELD RD ASPEN, CO 81611 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 DAL Y THOMAS J & JUDITH J 1590 HOMES TAKE DR ASPEN, CO 81611 SMITH JOAN FRENSLEY & STE 4033 GRASSMERE DALLAS, TX 75205 RATCLIFF ELIZABETH S & DA PO BOX 25 ASPEN, CO 81612 JACOBS MARVIN L DOROTHY 234 LOYOLA BLDG STE 909 NEW ORLEANS, LA 70112 BRAUN WILLIAM ]485 HOMES TAKE DR ASPEN, CO 81611 SKY ISLAND ENTERPRISES LL PO BOX 555 SNOWMASS, CO 81654 DUCHESS CORPORATION 2820 E VIKING RD LAS VEGAS, NV 89121 ROARING FORK PARTNERS LTD PO BOX 25425 DALLAS, TX 75225-1425 ~ n MEMORANDUM TO: Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Directo~ FROM: James Lindt, Planner 0L- RE: Junior Golf Offices Rezoning, Subdivision, PUD Amendment- Public Bearing (Continued from February 5th) DATE: March 5, 2002 ApPLICANT fOWNER: City of Aspen Recreation Department REPRESENTATfVE: Steve Aitken, Aspen Golf Course Director; Tim Anderson, Recreation Director LOCATION: Former "Aspen Municipal Golf Course Pro Shop" PARCEL In NUMBER: 2735-111.09.001 CURRENT ZONING: Park with Golf Course Support and PUD Overlays PROPOSED ZONING: Public (PUB) Zone District with a PUD Overlay. SUMMARY: The applicant requests to rezone the former "Aspen Municipal Golf Pro Shop" from the Park Zone District with Golf Course Support and PUD (GCS. PUD) Overlays to the Public (PUB) Zone District with a PUD Overlay, and subdivide Lot 1 of the Aspen Golf Course Subdivision to allow for Aspen Junior Golf to purchase the former Pro Shop building in fee simple ownership. An amendment to the approved Truscott Planned Unit Development is also required to assign the newly created lot allowable dimensional requirements. APPROVED AND CURRENT LAND USE: Golf Pro Shop/Nordic Center PROPOSED LAND USE: Commercial/Office Space for Private Non-Profit Entities SUMMARY: The City of Aspen Recreation Department requests to further subdivide Lot I of the Aspen Golf Course Subdivision to allow for the sale of the former Golf Course Pro Shop to Aspen Junior Golf for use as commercial/office space for private non-profit uses that provide a community service. The applicant is requesting to rezone Lot 6 (please see Exhibit "E") that would be created by the proposed subdivision, to the Public (PUB) Zone District. r'\. ,-. ~ .~ / The applicant requests approval of the following land use actions for the former Golf Pro Shop located at the Aspen Municipal Golf Course: > Rezoning from Park with GCS (Golf Course Support) and PlJD Overlays to PUB (Public) with a PlJD Overlay; > Subdivision- Subdivide Lot 1 of the Aspen Golf Course Subdivision to allow for the City to sell the former Golf Pro Shop strncture, as well as, the land beneath the structure to Aspen Junior Golf; and, > PUD Amendment to allocate floor area for the newly created lot. REVIEW PROCEDURE Rezoning, Subdivision, PUD Amendment (Two Step Review). City Council may approve or deny an application for rezoning, subdivision, and a PUD amendment after considering a recommendation from the Planning and Zoning Commission, a recommendation from the Community Development Director, and after considering public comment. STAFF COMMENTS: Rezoning: Staff believes that the City of Aspen Recreation Department's request to rezone the former Golf Pro Shop to the Public (PUB) Zone District with a PUD Overlay, for the purpose of allowing it to be used as office/commercial space for Aspen Junior Golf and for commercial/office space for other non-profit entities is compatible with the surrounding land uses. Currently, the office/commercial space for Aspen Junior Golf could be located in the structure without rezoning the property because the Junior Golf use would be classified as an accessory use to the Golf Course. The purpose statement of the Public Zone District states that, "the purpose ofthe Public Zone District is to provide for the development of governmental, quasi-govermnental and non-profit facilities for cultural, educational, civic and other non-profit purposes. We feel that this is compatible with the surrounding Golf Course and Clubhouse uses. The Public Zone District allows for private non-profit entities that provide a Community Service as a permitted use. The applicant has withdrawn their previous GMQS Exemption application for an essential public facility that was reviewed by the Growth Management Commission in January. Staff found a codification error in the land use code omitting from our current code an amendment that established "Public and Private Non-profit entities providing a communitv service" as a permitted use in Public Zone District. Staff feels that the applicant's proposed use of Junior Golf Offices, as well as, private non-profit entities would fit under the Public Zone District's permitted use of a "Public and Private non-profit uses providing a community service". Staff feels that the former Golf Pro Shpp is an ideal and sensible location for Aspen Junior Golf to be located. Staff believes that leasing a portion of the space out to another private non-profit entity is the only way in which Aspen Junior Golf my afford to purchase this space at it's current price. The applicant has consented to limit the space to be leased out 2 '" ~ / , r r;: to no more than 50% of the building's 1,248 net leasable square feet and limit the use of the non-profit entity to lease the space to an arts, cultural, recreational oriented entity. Staff is proposing a condition of approval be placed on the subdivision application that requires a perspective tenant in the building to be reviewed and found to provide a community service by the Community Development Director through the administering of a business license. Staff believes that this condition will insure that the use remains in compliance with the intent of the Public Zone District. Staff believes that the proposal helps Aspen Junior Golf to flourish in teaching the community's youth appreciation for Aspen's recreational resources and encouraging the youth to be involved in recreational activities. Staff also feels that the proposal furthers the , AACP Parks and Open Space Intent Statement that "encourages growth and development of outdoor recreation through expanded partnerships among govermnent agencies, non- profit organizations, and the general citizenry". Staff also believes that the proposed rezoning application meets the Aspen Area Community Plan's (AACP) Economic Stability Chapter goal that calls for govermnent to "support a diverse business and nonprofit community". Staff fmds that the proposed application for rezoning meets the applicable review standards set forth in land use code section 26.310.040. Subdivision: The applicant requests to subdivide Lot 1 of the Aspen Golf Course Subdivision to create a new lot based around the footprint of the former Golf Pro Shop building. The subdivision of this property would allow the City to sell the structure and the land beneath it to Aspen Junior Golf. The subdivision will allow Aspen Junior Golf to own the structure in fee simple ownership. Staff feels that the proposed application meets the applicable subdivision review standards and fmds that the character of the proposed use of private non-profit entities that provide a community service is consistent with the public oriented nature of the surrounding golf course and affordable housing. The newly created lot has been proposed large enough to provide a ten foot buffer around the structure in order for the applicant to avoid being required to fire proof the exterior walls and entrance ways. The Uniform Building Code requires that a structure that houses an office use to be fire protected if it is within ten feet of a lot line. Therefore, to avoid installing fire protection in the entrance ways, the applicant is proposing to create a lot that is large enough to provide this ten foot buffer. A 24' wide private access easement for the benefit of Lot 6 is proposed to be overlayed over an existing access easement for the benefit of Lots 2-5. The creation of this easement will allow employees and patrons of Lot 6 entrance to the structure, as well as, vehicular entrance into the shared recreation parking facility as shown on Exhibit "E". The City of Aspen Engineering Department and utility agencies affected by the proposed subdivision have been consulted and their comments are represented on the draft plat attached as Exhibit "E" (referral comments are attached as Exhibit "F"). Staff believes that the proposed application furthers several of the Aspen Area Community Plan goals. The Aspen Area Community Plan calls for development that enhances the "growth and development of outdoor recreation through expanded partnerships among 3 r, I~ ; governmental agencies, non-profit organizations, and the general citizenry"(AACP Parks, Open Space, and Enviromnent Intent Statement, p.34). Staff believes that the proposed application furthers the aforementioned intent statement and "ensures the provision of public facilities and services to' sustain arts, culture, and education in the Community"(AACP Arts, Culture and Education Goal E, p.46). The citizens of the City of Aspen voted on and approved the sell of the building and the land beneath it by the City of Aspen to Aspen Junior Golf. Staff feels that the proposed subdivision application is in keeping with the citizen's intentions as represented in the aforementioned vote. Staff also believes that the proposed subdivision is in compliance with all of the provisions of this title. The minimum lot size and allowable floor area ratio in both the Park Zone District in which the property is currently zoned and the Public (PUB) Zone District in which the property is proposed to be rezoned to, are both required by the Land Use Code to be established by a site specific development plan. Therefore, regardless of the parcel's zoning and the associated rezoning application, the allowable dimensional requirements are to be set through a PUD Amendment. The proposed rezoning application has no impact on whether the proposed subdivision application meets the subdivision review standards. PUD Amendment: Because the land to be subdivided is part of an existing Truscott Planned Unit Development, the applicant must amend the site-specific development plan to set dimensional requirements for the newly created lot. The applicant is proposing an allowable floor area for the newly created lot as it's existing conditions. The applicant is also proposing that the minimum lot size be set at 3,897 square feet which is the lot size of the proposed new lot 6. This will prevent Aspen Junior Golf from expanding the existing structure without going through a growth management review and another PUD amendment review to determine the impacts of any proposed expansion. Establishing the existing conditions as the allowable dimensional requirements will also insure that the impacts of any future expansion to the structure will be mitigated for appropriately. Staff is proposing a condition of approval that requires the applicant to place a note on the plat that limits the allowable floor area ratio for the newly created lot to it's existing conditions. STAFF ANALYSIS SUMMARY: Staff finds that the proposed rezoning application meets or exceeds the requirements set forth in land use code section 26.310.040, to approve an amendment to the official zone district map. Staff also finds that the proposed subdivision and PUD amendment meets the respective criteria to approve the proposed application. Staff recommends that the Planning and Zoning forward a recommendation of approval to City Council on the proposed rezoning, subdivision, and PUD amendment. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission approve the proposed resolution recommending that City Council approve with conditions the following: I) a rezoning to the Public Zone District ,with a PUD Overlay, 2) a subdivision of Lot 1 of the Aspen Golf Course Subdivision as shown on the proposed plat (Exhibit E), and 3) a PUD 4 '" A \ ) amendment to establish the allowable floor area for the newly created lot as it's existing conditions. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Resolution No. ~ Series of 2002, recommending that City Council approve with conditions the proposed application to subdivide the parcel of land legally described as Lot 1, Aspen Golf Course Subdivision into Lots 1 and 6, and rezone the newly created Lot 6 to the Public Zone District with a PUD Overlay, and to amend the Truscott Planned Unit Development to establish the allowable dimensional requirements for the newly created Lot 6." ATTACHMENTS: EXHIBIT A -- PROPOSED RESOLUTION REVIEW CRITERIA & STAFF FINDINGS EXHIBIT B -- SUBDIVISION EXHIBIT C -- REZONING EXHIBIT D -- PUD AMENDMENT SUPPORTING DOCUMENTS EXHIBIT E - PROPOSED SUBDIVISION MAP & ApPLICATION EXHIBIT F - REFERRAL AGENCY COMMENTS EXHIBIT G - LETTER WITHDRAWING GMQS EXEMPTION APPLICATION EXHIBIT H - CITY COUNCIL ORD.INANCE #42, SERIES OF 2002, ApPROVING CODE AMENDMENTS TO THE PUBLIC ZONE DISTRICT 5 ,-...., t') d REVIEW CRITERIA & STAFF FINDINGS In reviewing an application for Subdivision, the Planning and Zoning Commission shall consider the following criteria: ' EXIlIBIT B SUBDIVISION A. General Requirements a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. Staff Finding Staff believes that proposed subdivision is consistent with Aspen Area Community Plan in that the former Golf Pro Shop was envisioned as being used for non-profit entities such as Junior Golf during the approval process for the conceptual Truscott Planned Unit Development. The use of the former Golf Pro' Shop as offices for Aspen Junior Golf was identified by City Council as a good idea in City Council Resolution 41, series of 2000, that approved the conceptual development plan for Truscott. The proposed subdivision will allow Aspen Junior Golf to buy the structure and land beneath it in fee simple ownership as was approved by the voters of the City of Aspen. As stated in the staff memo, the proposed subdivision allows Aspen Junior Golf to continue to enhance the "growth and development of outdoor recreation through expanded partnerships among govermnental agencies, non-profit organizations, and the general citizenry"(AACP Parks, Open Space, and Environment Intent Statement, p.34) by allowing them to subdivide and purchase the facility. b. The proposed subdivision shall be consistent with the character of the existing land uses in the area. Staff Finding Staff feels that the proposed subdivision is consistent with the character of the existing land uses in the area. The proposed use for the subdivided parcel as office/commercial space for private non-profit entities that provide a community service also provided a public function much like the Golf Course and it's accessory uses. Staff is proposing a condition of approval that the Community Development Director shall review and determine if a perspective tenant in the former pro shop building provides a public service through the administration of a business license. Staff finds this criterion to be met. c. The proposed subdivision shall not adversely affect the future development of surrounding areas. Staff Finding Staff believes that the proposed subdivision will not adversely affect the future development of the surrounding areas. The lot that is being subdivided is Lot 1 of the Aspen Golf 9 .-, r} Course Subdivision. As part of the Truscott Planned Unit Development review, it was not envisioned that this lot would be developed further. The proposed subdivision will not adversely affect the surrounding properties because of the associated PUD amendment application is proposing to limit the allowable development on Lot 6 to it's existing conditions. Staff finds this criterion to be met. d. The proposed subdivision shall be in compliance with all the applicable requirements of this Title. Staff Finding The proposed subdivision is in compliance with all applicable requirements of the Land Use Code. The current and proposed zone districts for the subject property each require for the dimensional requirements, including minimum lot size to be established by through a PUD. Therefore, regardless of the zoning on the parcel the proposed subdivision will be creating a conforming lot. Staff finds this criterion to be met. A. Land Suitability a. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare ofthe residents in the proposed subdivision. Staff Finding The proposed subdivision is located on land that is suitable for development and has already been developed on. Staff finds this criterion to be met. b. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Staff Finding: The public facilities for the proposed subdivision are eXlstmg. No expansion of the existing structure or public facilities are being proposed in this application. Staff fmds this criterion to be met. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the community. 10 1"'"\ (""J Staff Finding The development in the proposed subdivision is existing. The overall improvements plan for this area was approved in the Truscott Planned Unit Development. Staff finds this criterion to be met. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. Staff Finding There are no design standard variations being requested. Staff fmds that this criterion is not applicable to the proposed subdivision. D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units' shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staff Finding There are no residential units being proposed as part of the subdivision. Staff fmds that this criterion is not applicable to the proposed subdivision. E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. Staff Finding The school land dedication fee is only required for subdivisions that include residential units. The proposed subdivision does not include residential units to be created. Staff finds that this criterion is not applicable to the proposed subdivision. II f\ ^ , , ,J EXHIBIT C REZONING FROM PARK WITH A GOLF COURSE SUPPORT OVERLAY TO PUBLIC ZONE DISTRICT REVIEW CRITERIA & STAFF FINDINGS In reviewing an amendment to the official zone district map, the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding The proposed amendment to the official zone district map to change the subject property's zoning designation from Park with a GCS and PUD Overlay to Public is not in conflict with any portion of the Land Use Code. The proposed rezoning does not represent new land use policy or a change in land use policy for the City of Aspen. Staff finds this criterion to be met. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding The 2000 Aspen Area Comprehensive Plan (AACP) calls for furthering the "growth and development of outdoor recreation through expanded partnerships among govermnental agencies, non-profit organizations, and the general citizenry". Staff feels that the proposed rezoning will help to allow Aspen Junior Golf to continue to teach the youth of this community while also providing a seasonal space for another private non-profit entity that provides a community service. The future land use composite map in the AACP categorizes the area in which the former Golf Pro Shop is located as "Community Facility". Staff feels that rezoning this structure to the public zone district would be compatible and fit the future land use vision of the community for this area. Staff finds this criterion to be met. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding The proposed use is compatible with the surrounding zone districts and land uses. The proposed use of office/commercial space for non-profit entities such as Junior Golf is complementary to the surrounding land uses in that it will provide a public function and be recreation oriented. Junior Golf and any other private non-profit organization that may sublease the space can utilize the share~ recreation parking. The offices will be convenient for the citizens living in the nearby employee housing units to access, yet they will be located in such a manner in which they will not inadvertently detract from residential parking and increase traffic in the residential portion of the Truscott site. Staff finds this criterion to be met. D. The effect of the proposed amendment on traffic generation and road safety. 12 ,,........., ^' , .a Staff Finding The proposed use of office/commercial space for non-profit entities will not increase the traffic demand of the site. Aspen Junior Golf already has been located at the Truscott site for a substantial period of time. Therefore, there will not be an increase in traffic demand in the area due to the proposed use or uses if approved. Staff finds this criterion to be met. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not liInited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding The rezoning to the Public (PUB) Zone District will not result in increased demand on public facilities. The structure is existing and the impacts are already accommodated for within the current services provided. Staff finds this criterion to be met. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding The rezoning to the Public (PUB) Zone District will not adversely impact the natural enviromnent. The proposed rezoning will not give the applicant any additional development rights because both the current and proposed zone districts require their dimensional requirements to be established through the PUD process. Staff finds this criterion to be met. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding The proposed rezoning is consistent and compatible with the community character in the City of Aspen and in the neighborhood. The educational and community service uses in which Aspen Junior Golf exemplifies have been consistent and compatible with the community character in the past and will continue to help build this character in the future. Staff finds this criterion to be met. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding The construction of a new Golf Pro Shop and the approval of the Truscott Planned Unit Development have changed the surrounding area in a manner that supports the rezoning of the subject facility to the Public Zone District. Staff feels that the new construction and vacation of this Structure provides an adequate facility for Aspen Junior Golf to operate out of that is in an appropriate location in close proximity to the Golf Course. Staff feels that the shared parking provided with the Golf Course will also aid in the seasonal operation of another yet undetermined non-profit entity. Staff finds this criterion to be met. 13 1"""\ , ' ['1 I. Whether the proposed amendment would be in conflict with the public interest, and is in ha~mony with the purpose and intent of this title. Staff Finding The rezoning of the former Golf Pro Shop to the Public Zone District is within the purpose and intent of this chapter of the Land Use Code. Staff finds this criterion to be met 14 r-, ~ , 1 EXHIBIT D Pun AMENDMENT REVIEW CRITERIA & STAFF FINDINGS In reviewing an amendment to an approved PUD, the Planning and Zoning Commission shall consider: A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. 3. The proposed development shall not adversely affect the future development of the surrounding area. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, fmal Pun development plan review. Staff Finding: The proposed PUD amendment is compatible with the surrounding zone districts and land uses, The proposed use of offices/commercial space for Junior Golf and another non-profit organization is complementary to the surrounding land uses in that they will provide a community service much like the Golf Course. The offices will be convenient for the citizens living in the nearby employee housing units to access, yet they will be located in such a manner in which they will not inadvertently detract from parking and increase traffic in the residential portion of the Truscott site. The applicant is exempt from GMQS because they are not proposing to change the use of the structure or increase the net leasable square footage of the existing structure. Staff finds this criterion to be met. B. Establishment of Dimensional Requirements: The fmal Pun development plans shall establish the dimensional requirements for all properties within the PUD as described in General ProviSions, Section 26.445.040, above. The dimensional requirements of the underlying zone district shall be used as a gnide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. The proposed dimensional requirements shall comply with the following: 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. 15 ,.-.... ,.-.... "J b) Natural or man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. Staff Finding Staff believes that the impact of the proposed PUD amendment to establish the allowed dimensional requirements for the newly created Lot 6 as it's existing conditions will be non- existent. The structure already exists and the proposed use of Aspen Junior Golf already exists at the site and will not increase impacts on parking, traffic, noise, or transit. Staff believes the proposed application willbe compatible with existing land uses. Staff finds this criterion to be met. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. 2. The proposed dimensional requirements pennit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding The proposed PUD amendment will not change the amount of open space or site coverage within the Truscott Planned Unit Development. By establishing the allowable dimensional requirements on the newly created Lot 6, as it's existing conditions, the massing and scale of the structure will not be allowed to be altered without review of a subsequent amendment to the Truscott Planned Unit Development. Also by establishing the minimum setbacks for the parcel as the existing building footprint, the amount of open space on the parcel will be preserved. Staff finds this criterion to be met. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed. c) The availability of public transit and other transportation facilities, including those for pedestrian access 'and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the city. 16 "......,. (j StaffPinding As part ofthe Truscott Planned Unit Development approval, the former GolfPro Shop was envisioned to be occupied by Aspen Junior Golf. The availability of parking for the Junior Golfuse was considered sufficient in the allotment of spaces that was established for the amalgamation of the recreational uses at the site during the PUD review. Staff does not feel that another non-profit organization's use of a portion of the structure, will cause a great need for parking to be allotted to the use. The Junior Golfuse is one that has existed in the past at the site and mainly consists of dropping off and picking up children. This type of use does not put a great deal of stress on the long-term parking situation. The Truscott area is also very accessible by public transportation and pedestrian trails. Staff finds this criterion to be met. 4. The maximum allowable density within a Pun may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Staff Finding The maximum allowable density will not be reduced. The structure is existing and will not be added onto because the proposed PUD amendment will restrict the allowable floor area for the newly created lot to it's existing conditions. Staff finds that sufficient infrastructure capabilities exist for the proposed uses. Staff finds this criterion to be met. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of aPUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rock falls or avalanche dangers. b) The effects ofthe proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. 17 t:' ^ (') ,4 Staff Finding The maximum allowable density will not be reduced. Staff finds this criterion not to be applicable to the proposed application. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals ofthe community as expressed in the Aspen Area Community Plan <AACP) or a specific area plan to which the property is subject. b) The site's physical capabillties can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. StaffPinding The maximum density of the PUD is not being increased by the proposed amendment. Staff feels that the proposed use of the property meets the goals of the AACP that call for the further "growth and development of outdoor recreation through expanded partnerships among government agencies, non-profit organizations, and the general citizenry" ( AACP Parks, Open Space, and the Enviromnent Intent Statement, p. 34). Staff finds this criterion to be met. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. 18 .1""'\, ~ , 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. 5. Adequate pedestrian and handicapped access is provided. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. 7. For non"residentialland uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Staff Finding The structure is existing and the relationship between the building and public spaces will be unchanged as a result of the proposed PUD amendment. The site drainage was reviewed as part of the Planned Unit Development approval received in 200!. Staff finds this criterion to be met. D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features ofthe subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding The exterior landscaping is not proposed to be changed as part of the proposed PUD amendment. Staff finds this criterion not to be applicable to the proposed application. E. Architectural Character. It is the purpose ofthis standard is to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved 19 r- .tJ as part of the fmal development plan an architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 1. be compatible with or enhance the visual character ofthe city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. 2. incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems. 3. accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. StaffPinding The structure is existing. The applicant is not requesting changes to the exterior of the building as part of the proposed PUD amendment. Staff finds this criterion not to be applicable to the proposed application. F. Lighting. The purpose ofthis standard to ensure the exterior ofthe development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final Pun documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the propertY is prohibited for residential development. Staff Finding There are no proposed amendments to the exterior lighting as part of this PUD amendment. Staff finds that this criterion is not applicable to the proposed application. G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design ofthe common park, open space, or recreation area enhances the character of the proposed 20 1""\ rJ development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for ' the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. ' Staff Finding The proposed PUD amendment will not affect the amount of open space Or recreation area within the PUD. By establishing an allowable floor area ratio as the existing conditions for the newly created Lot 6, as well as establishing the minimum setbacks as the current building footprint, the open space on that specific parcel will be maintained not withstanding future PUD amendment requests. A PUD amendment application will be required to be submitted and reviewed to reduce the open space on the newly created lot in the future. Staff finds this criterion to be met. H. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and tl1at the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. I I I I I I l 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole c~st of the developer. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding The utilities and public infrastructure on the site are existing. The proposed use will not increase the demand on the existing utilities. Staff finds this criterion to be met. L Access and Circulation. (Only standards 1&2 apply to Minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security 21 1" ~\ n gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. Staff Finding An existing access easement will be maintained across the eastermnost portion of the newly created Lot 6 as a condition of approval to allow for golfer traffic to be maintained between the former Golf Pro Shop and the former Red Roof Inn structure. The City shall grant a private access easement across Lot 1 for Aspen Junior Golf and their assigns to gain access to the former Golf Pro Shop building as well as the shared recreation parking facility. Staff believes that the access situation is adequately addressed through the assigmnent of the aforementioned easements. Staff finds this criterion to be met. J. Phasing of Development Plan. (does not apply to Conceptual PUD applications) The purpose ofthis criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrountling property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted fmal Pun development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 22 ,....., , , 1""'\ I" ,j 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees-in-Iieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding There are no improvements to the exterior of the former Golf Pro Shop structure as part of the proposed PUD amendment. There will be no adverse impacts on the neighboring properties as a result of the proposed PUD amendment. Staff finds this criterion to be met. 23 T 10,9709259415 FEB-04-02 07,43 FROM'HO~NOHAR r-J HOLLAND & HARTLL~ ATTORNEYS AT LAW PAGE 1/2 Ex h'Iot't- '\S..il DENvER. ASpeN BOULDfiR . COLORADO SPRINGs DIi;/ltVCR TECH CENTe~ BILt"INGS. BOrsE' CA$~eR C~5Ye:NNE . JACKSON kOLE SAl., T LAKE!: CITY. SANTA Fe WASHINGTON. D,C, 600 EAST MAIN STREe-T, SUITE 104 ASPEN. COLORADO 81(;11.19&1 TElePHONE: (970) $'25-347$ FACSIMILE (S70) 925.$367 Arthur C. Daily MEMORANDUM (SOO) 840-8985 Fax 3dailY@llorrandJ1:art.cotrl February 3, 2002 TO: James Lindt, City of Aspen Planner (via fax to 920-5439) FROM: Art Daily RE: Aspen Jr. Golf -Rezoning to "Public" of Existing Golf Course Pro Shop Property In August of2000 the City Council adopted Resolution No, 42-2000, which amended the Public zone district to state that the purpose of the district "is to provide for the development of governmental, quasi-governmental and non- rofit facilities for cultural educational civic and other non- rofit purooses." The Permitted Uses section of the Public zone district was also amended to add the following uses: service_n "14. Public and private non-profit uses providing a community This Code amendment makes the Public zone district an even more appropriate designation for the existing golf course pro shop land and building that the Aspen Junior Golf Foundation is under contract to purchase from the City As we discussed last week, it no longer seems necessary to obtain an exemption from GMQS for an Essential Public Facility, for the reason that (i) the net usable square footage of the building is not being increased, and (ii) the essential use of the property is not being changed. I would appreciate it if you would confirm the Community Development Department's interpretation that the exemption from GMQS is not required, and then amend the property's rezoning application to delete the exemption request. In addition to use as the headquarters for the Aspen Junior Golf Foundation and its activities, Junior Golf intends to use the property for the sale or rental to Junior Golf participants of new and used golf equipment and accessories, sodas, snacks, Junior Golf logo items, etc., golf cart and ball picker and other storage uses, locker rentals, club repair, and the leasing from time to time of not more than 50% of the building to entities that meet the City of Aspen Land Use Code definition of Non-Profit Organizations and that provide a community service, as determined by a designated representative of the City . FEB-04-02 07.43 FROM,HOLLANDHART 1D,9709259415 1", r""') HOLLAND & HARTLLP ATTORNEYS AT LAW November 21,2001 Page 2 Please confirm the Community Development Department's interpretation that the above-described uses will constitute "Permitted Uses" under Paragraph 14 of Code Section 26.710.250(B). Thanks for your continuing assistance in this matter. cc: John Worcester, Esq., City Attorney (via fax to 920-5119) Ernie Fyrwald, President (via fax to 920-9993) PAGE 2/2 L 111111I 1111I1111I1 111111 III 11!J1lJ 1111111I1111111111111 447703 10/05/2000 10:51A""D~NANC DAV~S S~LV~ 1 of 4 R 20.00 D 0.00 N 0.00 P~TK~N COUNTY CO t} fYhl'bl'+ "J-III ORDINANCE NO. 42 (SERIES OF 2000) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A REZONING FROM R-6 (MEDIUM DENSITY RESIDENTIAL) TO PUB (pUBLIC), AMENDMENTS TO THE ASPEN LAND USE CODE, AND AN EXEMPTION FROM GROWTH MANAGEMENT QUOTA SYSTEM FOR AN ESSENTIAL PUBLIC FACILITY FOR THE YELLOW BRICK SCHOOL LOCATED ON LOTS A, B, C, D, E, F, G, H, I, J, K, L, M, N, Q, n., AND S, AND A FINAL PLANNED UNIT DEVELOPMENT (PUD) PLAN FOR LOTS A, B, C, D, E, F, G, H, and I FOR THE YELLOW BRICK SCHOOL LOCATED AT 215 NORTH GARMISCH STREET, BLOCK 57, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. ParcelID: 2735-124-36-850 WHEREAS, the Community Development Department received an application from the City of Aspen Recreation Department, represented by Tim Anderson and Glenn Horn of Davis Horn Inc. for rezoning from R-6 (Medium Density Residential) to PUB (public), amendments to the Aspen Land Use Code, an Exemption from the Growth Management Quota System for an Essential Public Facility, and a Final Planned Unit Development (PUD) Plan for the Yellow Brick School located at 215 North Garmisch Street, City of Aspen, Pitkin County, Colorado; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Waste District, City Engineering, Fire, Streets, and Water Departments; and, WHEREAS, upon review of the application, referral comments, and the applicable code standards, the Community Development Department recommended approval for the proposed rezoning from R -6 (Medium Density Residential) to PUB (Public), amendments to the Aspen Land Use Code, an Exemption from the Growth Management Quota System for an Essential Public Facility, and a Final Planned Unit Development (PUD) Plan; and, WHEREAS, the Planning and Zoning Commission forwarded a recommendation of approval, by a vote of six to one (6 - 1), to City Council to approve the rezoning from R-6 (Medium Density Residential) to PUB (public), amendments to the Aspen Land Use Code, an Exemption from the Growth Management Quota System for an Essential Public Facility, and a Final Planned Unit Development (PUD) Plan made at a duly noticed public hearing on August 15, 2000, that included corriments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, the Aspen City Council has reviewed and considered the developmentproposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the 111111I 1111I111111 111111 11111II1JJ-tllll 11I111111111 1111 447703 10/05/2000 10:51A O~~.NANC DAVIS SILVI 2 0' 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO f) Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council fmds 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 COlfficil approved Ordinance 42 by a vote offive to zero (5- 0) at a regular public hearing held on September 25, 2000 approving the 1) the rezoning from R -6 (Medium Density Residential) to PUB (Public), 2) amendments to the Aspen Land Use Code, 3) Exemption from the Growth Management Quota System for an Essential Public Facility for the Yellow Brick School located on Lots A, B, C, D, E, F, G, H, I, K, L, M, N, 0, P, Q, R, and S of Block 57 and 4) a Final Planned Unit Development (PUD) Plan for the Yellow Brick School building on Lots A, B, C, D, E, F, G, H, and I of Block 57, for the Yellow Brick School located at 215 North Garrnisch Street, City and Townsite of Aspen, Pitkin County, Colorado." 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 RESOLVED BY THE ASPEN CITY COUNCIL AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the rezoning from R-6 (Medium Density Residential) to PUB (public), amendments to the Aspen Land Use Code, an Exemption from the Growth Management Quota System for an Essential Public Facility, and a Final Planned Unit Development (PUD) Plan for the Yellow Brick School is approved with the following conditions: I. That any new sidewalk, curb, and gutter shall be designed using the City of Aspen design standards which are available in the City Engineering Department; 2. That all uses and construction will comply with the City of Aspen Water System standards, Title 25, and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities; 3. That prior to remodel, expansion or demolition of any part of any public or commercial building, including removal of drywall, carpet, tile, etc., the State of Colorado must be notified and a person licensed by the State to perform asbestos inspections must complete an inspection. The Building Department shall not sign any building permits until an asbestos report has been submitted. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it; and IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~IIIIIIIIIIIIIIIIII 447703 10/0~/2000 10,~lA ORDIWANC DAVIS SILVI 3 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO 1""'\ .0..:01 4. That priority be given to children's educational uses on the main level of the Yellow Brick School and that this priority not be so binding as to preclude other uses in the event that a children's educational use cannot accommodate the space on the main level of the Yellow Brick School; and 5. The Final Planned Unit Development (PUD) must be recorded with the Pitkin County Clerk and recorder. Section 2 Section 26.710.250 (A. and B.) of the City of Aspen, Colorado Land Use Code is hereby amended to read as follows: A. Purpose. The purpose of the Public (PUB) zone district is to provide for the development of governmental, quasi-governmental and non-profit facilities for cultural, educational, civic and other non-profit purposes. B. Permitted uses. The following uses are permitted as of right in the Public (PUB) zone district: I. 2. 3. 4. 5. 6. 7. 8. 9. 10. II. 12. 13. 14. 15. Library; Museum; Post office; Hospital; Essential governmental and public utility uses, facilities, services and buildings (excluding maintenance shops); Public transportation stop; Terminal building, and transportation related facilities; Public surface and underground parking areas; Fire station; Public and private school; Public park; Arts, cultural and recreational activities, buildings and uses; Accessory buildings and uses; and Public and Private non-profit uses providing a communitv service; Childcare center. . 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 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 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 111111I1111I111111 1IIIillll Illrllllllll 1111I1111 1111 447703 10/0~/2000 10:51A O~DINANC DAVIS SILVI 4 of 4 R20.00 D 0.00 N 0.00 PITKIN COUNTY CO ~ 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 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 28th day of August, 2000. "",""1""""11 ....tj~t'lht """ '\ ..........t~ "'.' ..... '. .:' ~ ,,' '. ;"" ~~~;;." ':"-,,;';:\<" , ~. (j. ".,~L '<;~~t,;)' ;:-" . \. ~*~( -~,;..,.,:-~" -'."~" "m -~,;;-"".", '" . ...., -.; , ~ ~~.. . $ '.f' ~ '.,' \i:~,!#;\'( .: ',' f ' .,.,u~..,..' .K .th~ S ~:~. a '~;\~i1~_~ "" " . "!%'.1' Ol ell .~\,...;., , FINALLY, adopted, passed <l?d approved this 25th day of September, 2000. Attest: Approved as to form: ~p&'~ 1/z.?JtnJ J6.lm-wOrCestor, City Attorney ~1:.!.f..ro. r, IJ RESOLUTION NO, ....QL G,MC (SERIES OF 2002) A RESOLUTION OF THE ASPEN/PITKlN COUNTY GROWTH MANAGEMENT COMMISSION RECOMMEN])lNG THAT ASPEN CITY COUNCIL DENY AN EXEMPTION FROM THE GROWTH MANAGEMENT QUOTA SYSTEM WOULD FIND THE FORMERASPEN MUNICIPAL GOLF COURSE PRO SHOP BUILDING BE CLASSIFIED AS AN ESSENTIAL PUBLIC FACILITY TO BE UTILIZED AS OFFICE SPACE FOR NON-PROFIT ENTITIES, ParcellD: 2735-111-09-702 WHEREAS, the Community Development Department received an application from the City of Aspen Recreation Department, represented by Steve Aitken, requesting an Exemption from the Growtb Management Quota System for an Essential Public Facility for the former "Aspen Municipal Golf Course Pro Shop Building" to be used as non-profit offices; and, WHEREAS, upon review of the application, referral comments, and the applicable code standards, the Community Development Department recommended approval for the proposed Exemption 'from the Growtb Management Quota System for an Essential Public Facility; and, WHEREAS, the Aspen! Pitkin C;ounty Growtb Management Commission 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 City of Aspen Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the Aspen! Pitkin County Growtb Management COmmission did not find 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 Growtb Management Commission denied Resolution #02, series of 2002, by a vote of four to four (4 - 4) at a regular public hearing held on January 15, 2002, which would have recommended that City Council approve an Exemption from the Growth Management Quota System for an Essential Public Facility for the former "Aspen Municipal Golf Course Pro Shop" to be used as office space for private non-profit entities; and, . NOW, THEREFORE, BE IT RESOLVED BY THE ASPEN/PITKIN COUNTY GROWTH MANAGEMENT COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Growtb Management Commission recommends that City Council deny an Exemption from the Growth Management Quota System for an Essential Public Facility 111111111111111111111111111111111111111111 1111111111111 ~~;1/~~; ~ I : 19~ SILVIA DAVIS PITKIN COUNTY CO R 10.00 D 0,00 ~.. 1""'\, ~ for the former "Aspen Municipal Golf Course Pro Shop" to be used as offices for private non-profit entities. Section 2: 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 Growth Management Commission, 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 3: 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 san1e shall be conducted and concluded under such prior ordinances. Section 4: 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. DENIED by a vote of four to four G-1) by the Commission at its regular meeting on January 15, 2002. APPROVED AS TO FORM: ATTEST: ackie Lothian, eputy City Clerk Jasmine Tygre, Chair Aspen/Pitkin Growth Management Commission !I.IWUWJ'~~lIlml ~;t2ff :,'~ R 10,00 0 0.00 ' , ," f"'\, 1'"). AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: -~ 9 S'S"I I-/:W if 2? L SCHEDULED PUBLIC HEARING DATE: -:::rA^,UA{ ~ / S:--rl./ / , Aspen, CO 200 c:... , - STATE OF COLORADO ) ) ss. County of Pitkin ) 6 I, ST6UE I!rrHeJ (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) ofthe Aspen Land Use Code in the following manner: ~ublication 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 at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto, ~Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least ten (I 0) ~'),Ys ~r to the public hearing and was continuously visible from the2;$day of .' ~<S/"'I~rt... , 200'Z.. , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. --.01ailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days prior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application, and, at least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) , rJ f) ~ Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision ofthis Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours fo een (15) days prior to the public hearing on such amendments. ~ Signature Th~egoing "Affidavit of Notice" was acknowledged bet;o~is) 51ay of ~1/~ ,200~,by S+~L-- Ii. WITNESS MY HAND AND OFFICIAL SEAL My commission expires: lj I.::>. 3) dO:::>.3 5_0 Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL r; n PUBLIC NOTICE RE: FORMER ASPEN MUNICIPAL GOLF COURSE PRO SHOP GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION FOR AN ESSENTIAL PUBLIC FACILITY NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, January 15,2002, at a meeting to begin at 4:30 p.m. before the Joint Aspen/Pitkin County Growth Management Commission, Sister Cities Room, 130 S, Galena Street, to consider an application submitted by the City of Aspen Recreation Department, requesting approval for a growth management quota system exemption for an essential public facility to allow for the former Aspen Municipal Golf Pro Shop and Nordic Center to be used as offices for non-profit entities. The property is commonly known as the former Golf Pro Shop and Nordic Center and is located at the Aspen Municipal Golf Course. For further information, contact James Lindt at the AspenlPitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5095, jameslia)ci.aspen.co.us. S/Jasmine Tygre, Chair City of Aspen Planning and Zoning Commission S/Peter Martin, Chair Pitkin County Planning and Zoning Commission ----------------------------------------------------- ------------------------------------------------------ Published in the Aspen Times on December 22,2001 City of Aspen Account \V'\.:.\~ \')../1'\\"'1 ~ ./' ,-..., :} PUBLIC NOTICE RE: FORMER ASPEN MUNICIPAL GOLF COURSE PRO SHOP GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION FOR AN ESSENTIAL PUBLIC FACILITY NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, January 15,2002, at a meeting to begin at 4:30 p.m. before the Joint Aspen/Pitkin County Growth Management Commission, Sister Cities Room, 130 S. Galena Street, to consider an application submitted by the City of Aspen Recreation Department, requesting approval for a growth management quota system exemption for an essential public facility to allow for the former Aspen Municipal Golf Pro Shop and Nordic Center to be used as offices for non-profit entities. The property is commonly known as the former Golf Pro Shop and Nordic Center and is located at the Aspen Municipal Golf Course. For further information, contact James Lindt at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5095, jamesl@ci.aspen.co.us. S/Jasmine Tygre, Chair City of Aspen Planning and Zoning Commission S/Peter Martin, Chair Pitkin ComIty Planning and Zoning Commission Published in the Aspen Times on December 22,2001 ------------------------------------------------ --------------------------------------------------------- City of Aspen Accolint Mo:.\'Lc\ \').h\",\ ~ '" "--""> 'i.. /". Rezoning or text amendment, \Vhenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an aCCllrate survey map or other stifficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change.shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. 110AMLJ-... -<-e~'" Jt- .}fg"nature , ~ The foregoing "Affidavit of Notice" was ~owledged before me this.....v day of ~v ,200.l.,by So'S }-l~ WITNESS MY HAND AND OFFICIAL SEAL ;,,:"'::::'.,.,.:.::.;,~',PUBUC~'-""~~";"~~.' RE:'"FORMtR,JlSPEN At S1()~J;__ CQ_'!~E:, ') PR6'SflOPGltb ENTQUOTA Sys. ,1'El';t'EXEMnIO IAfPU13PSX~: :'ctLJ'tY"'""'" . -"",,1":::'"-""-'i\;~:""'''''~'' ;~OTI~E1S,I:iEREBY GIVE:N t.,t:,a public hearlng ,~'wm' be held,on:Tu-esday,'TarhiliTY lS,2()O?, .llt. a ;2rife~in'ift(;~'6egrn:1rt"4:30'p,:~:''p;lqre.tJ:l~ .!?;\.~t,~,,<: ' ;':p-en/Pitkin County Growth Management C()rnWI,s:- _~sion, Sister Cities. ROom,. 1,30':3" ,q~!eIl_~W~t,. t,? ':'6'6iisi~e~'an applicati<.)n subrnlt~ed by the City of AsperiRecreation Department" requesting apprO" val for a, growth managemencquota system ex- emptlori for al1__esselltialpubliC facility to allow for'the lomie:, Aspen '~unicipal Golf. Prq. Shop and NCl~dlrCen't,erto be us~d"at;,?i~iC~ ~?r~?;I}:.. profit ent'itres:"Tile~e'i'(~ lS'cdfumonlY,Kn91,1>l'\ asthef<)~mer, Gplf PrCl,_Shop and Nordic Center and is'jocated"irffle ';\Spen Munlcipal Golf 'course:'. .: ..."'_.'.?;'::.......:j;'7",:,-',~:,;0,:'\:r;i:7;;f,.1':~":1.~;";(:' -<";:,'-"A' for 11JJ1~~r ,iI1Jon.pation,,, conta,~t Jam~Lll1<!t.ll: the Aspen/'Pitkin "C?m:m_~~ify DevelopmentW- ,,,tm,nt. 1305. G,\,..St,. "'pen. CO (970)92o-,PY OF THE PUBLICA TI0N 5095, jam~sl@ci.aspen.co.us., '. : '_, __,:\'-':, s/Jasmtn~ Tygre, Chair City of Aspen Planning and Zoning CommissioB' c, .' ,jP""M'rtin.Ch,k 'H OF THE POSTED NOTICE (SIGN) ",:'\Pitkln Cou"rity'PlaniUJig'and Zoning,CoinmlsSiO~ Puhlfshe'c\"in- .The Aspen Times on De{,'el1ll:l~r ~?, 2'O-CfL (~~O,,~"':""'8":"~''''':''''''''.'''_:'=':'''~'"'''''''',^.:,,--'. """!"""'.",,,,,'''''',. ____ ,.;,-:AND GOVERNMENTAL AGENCIES NOTICED BY MAIL My commission expires: 'f b3/:2cX::i3, 5',O~e:, Notary Public ATTACHMENTS: '-'";-;Cr''''' ;.::,:'~~,~~:,i:'<::;,:':.;. '. ". """";.."""..~;,c;.,,.~' ,.... '., .... ...,,', ..... .... '...."".' , . . '. . .- ". -: .' . ",' ":-- .. '. . . '. ..., '.' .'. ~ ~-~,-, -- - (" %~ AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: }DV'Me..1i' &0/ r PrD 5//1.oHspen. CO SCHEDULED PUBLIC HEARING DATE: _r:-f'_1oV'1"( 011 \/ S . 200~ ! ST ATE OF COLORADO ) ) ss. County of Pitkin ) I, ~ \.IV\... -e-S L 1\ V\ of !--- (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) of the Aspen Land Use Code in the following manner: -4" Pub/ication of notice: By the publication in the legal notice section of an offi~ial paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto, ~ Posting of notice: By posting of notice, which forfh was obtained from the ~/\ Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) incrf's wide and twenty-six (26) inches high, and which was composed of letter~ not . less than one inch in height. Said notice was posted at leasUen (I~) days prior to t4epublic hearing and was continuously visible from the _ da,y of ,200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto, x.. Mailing ofn::;ce. By the mailing of a notice obtained from the Community Development Department, which contains the information d~scribed in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days prior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application, and, at least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S, mail to any federal agency, state, county, municipal government, school, service' district or other governmental or quasi-governmental agency that owns property within three. hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy I7/-Ir~wners and governmental agencies so noticed is attached hereto. (continued on next page) r-- ~ Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sllfficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. .~:zf~ . G nature The foregoing "Affidavit of Notice" was acknowledged before m~day of~_ ,200.ihby~.s J...-, Jay, January ]9-20, 002 WITNESS MY HAND AND OFFICIAL SEAL My commission expires: "f / d.-s/ .;;l.Co..3 -7"':7f7 Notary Public " J~UBL1.<:'NOTlCE "'l&:''(oRM!::r{ A'SPEN 'MtTh!IC1PAL" GO,!.':Cq:LJ~E. PRb SHOP "SUB'/5rVlSION, REZO'NING, AND POD <~ME:NI)~'''''''''''~-''.'''''':~~''':''''''~'''''''''''';;''''~ . ''':);r6TIC~'~lS~FfE~Br:GIVEN-th!l:,.~ public hearing <will be h1!l(oftu~d~y,.Febru'ary 5, 2002, at a 'm~irig to begin\'at 4:30 p:rn. before.. the As:pen jTpi'anrill'lg'ar:id Zoning Commission,. Sister Cltt~ ~:; Room130 S.'.Galena Street, to consIder an appll- ~?catlori sl.lbiilitted by the City 01 AspenRecreat~-p~,. <jOep:iJtment;"'>ie:qii:estlng-'a:ppr~"~I",tosubd,I~,te_,OY OF THE PUBLl CA TION ,; the Lot 1 ,oft~e,TruS~OttSll~gIYS~!?Il},.o,,~re":eo,~. '''~riew: 'lot -~ui1d\h~{()rIJle!.:'_ASpe~0"u,:ldpat 0 I :''-'PiO'Shop'' - The-City of Aspen RecreatIOn Depart- : m';ti"\;,,,qu"ting '0 re"n"h'prop,rty to 'H OF THE POSTED NOTICE (SIGN) 'th..:i"Publfc'Zone"Olstrlct tQ allow for the struct~~_ 7"r'teusea'~~~gi~f!of'p_rl~~f~llt;nCprolit entl- , ;:f~es. Ariairl(lndrn~tlt}~ the appr~:lVed Truscott '::'~h'it",' Unl! D,v,'opmen", "'0 re<Ju,,'" by AND GOVERN!YJENTAL AGENCIES NOTICED :::tiil;rappiicanft<-restablish,m allo\'{(ible 11001' ,:l~ [i--ow the newly created lot., The)roperty is com- t?"m:oriWi:mO'vm""a~;the fOl1.l1erAspen Municipal Golf '~P_ro ShopilndNordlc, Ge~t~~__~~j~_l~.~~:,?~_~.\~~.__ ..' f,Spen"Munldpal Golf Course, '''' . '(For, furtherinlorrnation, <;l)ntactJames Undt..f.t. t"'t'h'E;-'AS~enr"p'ft'kinC"Oiiilli~nlty Development ~, par-tment, 130 S, Qa~~Ila St., Aspen, CO (970) 92,0- 5095 jamesl@ci.aspen.co.us. '"".:-:,' , ,,_ s/JasminelYgre, Chl\~r Cit~~~':Af~~'Pi:17f1ffflS~,.,o'::"'Olrig(:ommISSllJn P~blished ,irlThe ASP~tl !.irn,~,~n/'r~~ry,_~~, 200'2,(82~2!<,..,_ _ ",,' , ", ,," -,',",",' - ATTACHMENTS: BY M41L r'. f"""l ~. ',' ,j PUBLIC NOTICE RE: FORMER ASPEN MUNICIPAL GOLF COURSE PRO SHOP SUBDIVISION, REZONING, AND PUD AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, February 5, 2002, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, 130 S. Galena Street, to consider an application submitted by the City of Aspen Recreation Department, requesting approval to subdivide the Lot I of the Truscott Subdivision to create a new lot around the former "Aspen Municipal Golf Pro Shop". The City of Aspen Recreation Department is also requesting to rezone the property to the Public Zone District to allow for the Structure to be used as offices for private non-profit entities. An amendment to the approved Truscott Planned Unit Development is also requested by the applicant to establish an allowable floor area on the newly created lot. The property is commonly known as the former Aspen Municipal Golf Pro Shop and Nordic Center and is located at the Aspen Municipal Golf Course. For further information, contact James Lindt at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5095, iamesl(ci)ci.aspen.co.us. , / S/Jasmine Tygre, Chair City of Aspen Planning and Zoning Commission Published in the Aspen Times on January 19,2002 City of Aspen Account ., .o,l"'-..... /., "') . " .~, ~ , COA",,~00E!, 1/ , ' ~"'l1Uillrv ) >"<'iu 1"O":/",};'1 ~lt2L""'.:'" ~/~11ENt " i~,.,;jj1w ~ PATTERSON DANIEL EDWARD & SUSAN R 580 CEMETERY LN UNIT 2 ASPEN CO 81611 PHILLIPS SUSAN Z & STEVEN J 8081 COEBLESTONE RD URBANDALE IA 50322,4422 RED BUTTE CEMETERY PO BOX 194 ASPEN CO 81611 ROWLANDS DONNA K REVOCABLE TRUST 770 CEMETERY LN ASPEN CO 816I1 SEVERY CHARLES L 1390 SIERRA VISTA DR ASPEN CO 81611 SIW AK ALVIN L TRUST 50% 323 CARLYLE LAKE DR ST LOUIS MO 63141 STAPLETON GREGORY P & ELAINE 3061 FARINGFORD RD THOUSAND OAKS CA 91361-5334 STITT HAROLD L & AUSTINE N 1450 SILVER KING DR # I ASPEN CO 8161] TROTT PATRICIA P & HOUGHTON M PO BOX ]994 ASPEN CO 816] I WALBERT DA VID & ELLEN 1425 SIERRA VISTA DR ASPEN CO 8161] PATTERSON F AMIL Y TRUST 580 CEMETERY LN #1 ASPEN CO 81611 PITKIN COUNTY 530 E MAIN ST STE 302 ASPEN CO 81611 RILEY JAMES V REV TRUST 800 BONITE DR ASPEN CO 81611 SCHWARTZ EDWARD H REV TRUST 135 S LASALLE ST CHICAGO IL 60603 SHARP WILLIAM L & PATRICIA E PO BOX 8630 ASPEN CO 81612 SKY ISLAND ENTERPRISES LLC PO BOX 555 SNOWMASS CO 81654 STAUFFER JOHN Q STAUFFER LESLIE K AS JOINT TENANTS 4915 NEW PROVIDENCE AVE TAMPA FL 33629 TAYLORJDAVID 221 N STARWOOD DR ASPEN CO 81611-9724 TUMMINARO F AMIL Y TRUST 245 BROOKWOOD RD WOODSIDE CA 94062 WALL CHARLES R 188 E iOTH ST NEW YORK NY 10021-51iO ~ , I PEIRCE THOMAS L 825 BONITA DR ASPEN CO 81611 RA TCLIFF ELIZABETH S & DA VrD E PO BOX 25 ASPEN CO 81612 ROARING FORK PARTNERS LTD 25% PO BOX 25425 DALLAS TX i5225-1425 SCHWARZ HANS P REVOCABLE TRUST 840 BONITA DR ASPEN CO 8161] SILVER QUEEN LLLP 1452 SILVER KING DR ASPEN CO 81611 SMITH JOAN FRENSLEY & STEPHEN B 4033 GRASSMERE DALLAS TX 75205 STERTZER ELIANE C PO BOX 2i46 ASPEN CO 81612 THOMPSON VYONNE H POBOX 6446 SNOWMASS VILLAGE CO 81615-6446 URIS JILL P 1415 SIERRA VISTA DR ASPEN CO 81611 WALSH MICHAEL G & PATRICIA N PO BOX i56 ASPEN CO 81612 HUTTON ROBERT C 725 CEMETERY LN ASPEN CO 81611 JEFFERIES SHARON & BOYD PO BOX 8208 ASPEN CO 81611 KAUFMAN CURTIS & JILL 905 CHATFIELD RD ASPEN CO 81611 LANG JENNIFER PO BOX 5001 ASPEN CO 81612 MACCASKILL PAUL L 644 S FIGUEROA LOS ANGELES CA 90017 MCDONALD STEPHEN PO BOX 3751 ASPEN CO 816]2 MODELL FAMILY LP ]350 SIERRA VISTA ASPEN CO 8]611 NELSON GEORGE W NELSON BARBARA S 4658 E SHADOWROCK RD PHOENIX AZ 85028 ODONNELL JOHN & ADRIENNE 1425 B SIERRA V]ST A ASPEN CO 81611 ORION FAMILY L TD LLLP 60% 1450 SIL VER KING DR ASPEN CO 81611 ," JACOBS MARVIN L DOROTHY S 234 LOYOLA BLDG STE 969 NEW ORLEANS LA 70] 12 JEHOV AHS WITNESSES ASPEN CONGREGATION C/O ROGER LONG PO BOX 3849 ASPEN CO 81612 KENDALL PHILLIP A 1915 WOOD AVE COLORADO SPRINGS CO 80907 LARSON REVOCABLE GRANTOR TRUST LARSON RAYMOND & BETTY TRUSTEES 216 SKYLINE DRIVE EAU CLAIRE WI 54703-5923 MARKS LARRY J & DIANE NANCY 39500 HWY 82 ASPEN CO 81611 MENSCHER DAVID F & LELY A J PO BOX 3707 ASPEN CO 81612 MOORE ALBERTA L PERS RES TRUST PO BOX ]26 WOODY CREEK CO 81656 NIVEN MICHAEL C 875 CHA TFlELD RD ASPEN CO 8161] ORE BUCKET ASSOCIATES CONNERY ROBERT T C/O PO 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ER076 PROPERTY TAX DEPT DRAWER 2150 GLEN WOOD SPRINGS CO 81602 HORNING ROBERT P & KHARA M 1005 CEMETERY LN ASPEN CO 81611-1015 A&LRANCHLTD c/o VENDEL Y COMMUNICA TrONS LNC 12722 RIVERSIDE DR SUITE 106 VALLEY VILLAGE CA 91607 BALAS SHELDON & RUTHANN 1450 SIERRA VISTA#B ASPEN CO 81611 BICKERT CARL VONEISEN & SUSAN E 395 DEXTER DENVER CO 80202 BRAUN WILLIAM 1485 HOMESTAKE DR ASPEN CO 816rr CALLAHAN JOHN E CALLAHAN CYNTHIA A 750 CEMETERY LN ASPEN CO 81611 CHAPMAN CONDOS ASPEN SCHOOL DISTRICT 0235 HIGH SCHOOL RD ASPEN CO 81611 CONGER STEVEN J 3/4 130 S BIRCH ST DENVER CO 80246 DALY JUDITH J 520 W HALLAM ST ASPEN CO 81611 DA VIDSON DONALD 864 CEMETERY LN ASPEN CO 81611 DUBLIN LEONARD & ADELE 3801 NE 207TH ST N MIAMI BEACH FL 33 I 80 ,t"1 ANDERSON PARKER T & CYNTHIA C/O WING MERRILL 1345 SIERRA VISTA DR ASPEN CO 81611 BAR WICK STEPHEN H BAR WICK AMY L AS JOINT TENANTS 705 CEMETERY LN ASPEN CO 8161 I BLACK BETSY P PO BOX 3904 ASPEN CO 81612 BRESNITZ KURT G & LOTTE S 1650 HOMESTAKE DR ASPEN CO 8161 I CARRIS SANDRA L TRUST NUMBER TWO 735 CEMETERY LN ASPEN CO 81611 CHERRY ADAM Z & MARY C 139 9TH ST DEL MAR CA 92014 CONNER CLAUDE M PO BOX 345 ASPEN CO 81612 DALY THOMAS J & JUDITH J 1590 HOMEST AKE DR ASPEN CO 8161 I DICKER IAN 5 HIGHGA TE HILL TOORAK AUSTRALIA 3142 DUCHESS CORPORATION 2820 E VIKING RD LAS VEGAS NV 89121 tj , .; ASPEN LAKE PROPERTY LLC 1 17 AABC STE 208 ASPEN CO 81611 BEER MARILYN C 1443 DAHLIA ST DENVER CO 80220 BLUEPOINT PROPERTIES LLLP 1450 SILVER KING DR ASPEN CO 8I6Il BROWN DONNA L 1425 SIL VERKING DR ASPEN CO 8161 I CHALOUPKA DONALD & VIRGINIA M PO BOX 393 FRASER CO 80442-0393 CITY OF ASPEN 130 S GALENA ST ASPEN CO 8I6Il COOPER lORN C/O H COOPER SUPPLY PO BOX 1747 SPRINGFIELD MO 65801 DANKS LAURA 845 CEMETERY LN ASPEN CO 8161 I DRUEDING WILLIAM L & THOMAS W 735 CEMETERY LN #B ASPEN CO 81611 DUNN lOSEPH & LUCY HALL 1/2INT ]416 GATEWAY RD SNOWMASS CO 81654,92] 1 WEBER JENNIFER L PO BOX 2446 FRISCO CO 80443-2446 WINCHESTER ROBERT P PO BOX 5000 SNOWMASS VILLAGE CO 81615 ZELLER GERD PO BOX 37 ASPEN CO 81612 f""'" WEIMANN JOACHIM J & RENATE F 775 CEMETER Y LN ASPEN CO 816] 1 WORCESTER JOHN P 707 CEMETERY LN ASPEN CO 81611 ~ WERNER SARAH R RESIDENCE TRUST POBOX 503 BELLEVUE W A 98009-3884 ZANfN F AMIL Y INVESTMENTS LLC 00308 MC SKIMMING RD ASPEN CO 816] 1 r-. ~ PUBLIC NOTICE RE: FORMER ASPEN MUNICIPAL GOLF COURSE PRO SHOP SUBDIVISION, REZONING, AND Pun AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, February 5, 2002, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, 130 S. Galena Street, to consider an application submitted by the City of Aspen Recreation Department, requesting approval to subdivide the Lot I of the Truscott Subdivision to create a new lot around the former "Aspen Municipal Golf Pro Shop". The City of Aspen Recreation Department is also requesting to rezone the property to the Public Zone District to allow for the structure to be used as offices for private non-profit entities. An amendment to the approved Truscott Planned Unit Development is also requested by the applicant to establish an allowable floor area on the newly created lot. The property is commonly known as the former Aspen Municipal Golf Pro Shop and Nordic Center and is located at the Aspen Municipal Golf Course. For further information, contact James Lindt at the AspenlPitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5095, jamesllaJ,ci.aspen.co.us. S/Jasmine Tygre, Chair City of Aspen Planning and Zoning Commission City of Aspen Account ----------------------------------- ------------------------------------------ Published in the Aspen Times on January 19, 2002 f"'. fj PUBLIC NOTICE RE: FORMER ASPEN MUNICIPAL GOLF COURSE PRO SHOP SUBDIVISION, REZONING, AND PUD AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, March 5, 2002, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, 130 S. Galena Street, to consider an application submitted by the City of Aspen Recreation Department, requesting approval to subdivide the Lot 1 of the Aspen Golf Course Subdivision to create a new lot around the former "Aspen Municipal Golf Pro Shop". The City of Aspen Recreation Department is also requesting to rezone the property to the Public Zone District to allow for the structure to be used as offices for private non-profit entities. An amendrnent to the approved Truscott Planned Unit Development is also requested by the applicant to establish an allowable floor area on the newly created lot. The property is commonly known as the former Aspen Municipal Golf Pro Shop and Nordic Center and is located at the Aspen Municipal Golf Course. For further information, contact James Lindt at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5095, jamesl(li)ci.aspen.co.us. S/Jasmine Tygre, Chair City of Aspen Planning and Zoning Commission Published in the Aspen Times on January 19, 2002 City of Aspen Account -------------'------..;...;------------~'"'"""'--'-'---'------'-- ----------------------------------------- rJ 1) MEMORANDUM TO: AspenlPitkin County Growth Management Commission THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director~ FROM: James Lindt, Planner 'J'L- RE: Junior Golf Offices Growth Management Quota System Exemption for an Essential Public Facility - Public Hearing DATE: January 15,2002 ApPLICANT tOWNER: City of Aspen REPRESENTATIVE: Steve Aitken, Aspen Golf Course Director LOCATION: Fonner "Golf Pro Shop Building", Truscott Place BUILDING SIZE: 1,248 SF CURRENT ZONING: Park with Golf Course Support and PUD Overlays (Rezoning Application to Public Zone District) LAND USE ACTION REQUESTED: The applicant requests an Exemption from the Growth Management Quota System for an Essential Public Facility to use the fonner "Aspen Municipal Golf Course Pro Shop" as Aspen Junior Golf offices and other private non-profit organizations. ASSOCIATED LAND USE ACTIONS: In a separate application, the applicant is requesting approval to rezone the fonner "Golf Pro Shop" to the Public (PUB) Zone District, subdivide Lot I of the Truscott Subdivision to allow for the structure and land beneath to be sold to Aspen Junior Golf in fee simple ownership, and a PUD Amendment to the approved Truscott Planned Unit Development to establish an allowable floor area ratio for the newly created lot. These applications will be handled solely by the City Planning and Zoning Commission and City Council. ApPROVED AND CURRENT LAND USE: Golf Pro ShoplNordic Center REVIEW PROCEDURE Growth Management Quota System Exemption for an Essential Public Facility (Two-Step Review), A Growth Management Quota System Exemption request for an essential public facility in a mixed-use development shall be reviewed by City Council after considering a recommendation by the Aspen/Pitkin County Growth Management Commission pursuant to City of Aspen Land Use Code Section 26.470.0S0(B)(3)( d). r, ,-, , ",;} STAFF COMMENTS: The Applicant, City of Aspen, represented by Steve Aitken requests approval of the following land use action for the former "Golf Pro Shop" at the City of Aspen Municipal Golf Course: ~ Growth Management Quota System Exemption for an Essential Public Facility, Background The building that was previously used as the Golf Course Pro Shop is being vacated by the City of Aspen Recreation Department so that they may mOVe the Pro Shop into the new clubhouse being constructed as part of the new Truscott Planned Unit Development. The City wishes to sell the former Golf Pro Shop to Aspen Junior Golf after it is subdivided. Aspen Junior Golf would like to lease a portion of the building to other private non-profit entities. The specific non-profit is not known at this time and mayor may not be accessory in use to the Golf Course. The use of the building by only Aspen Junior Golf would not require rezoning the structure and thus would not require a GMQS Exemption because the Junior Golf use is accessory to the Golf Course and covered under the current Golf Course Support Overlay zoning. However, because Aspen Junior Golf would like to sublease a portion of the building to other private non-profit agencies that may not be accessory in use to the Golf Course, the space must be rezoned to the Public Zone District to lease a portion of it to any non-profit entity that meets the City Land Use Code definitions of "Non-Profit Organization" and "Essential Public Facility". The Public Zone District allows for "essential public facilities" as a permitted use. Therefore, an exemption from the Growth Management Quota System to classify the building as an "essential public facility" is necessary. Current and Proposed Uses The building has housed the Aspen Municipal Golf Course Pro Shop and the Nordic Center. Aspen Junior Golf is currently located in the former "Red Roof Inn Building" just east of the subject site. Aspen Junior Golf employs 2-3 full-time employees. The previous use of the building as the Golf Pro Shop employed 7-10 employees according to the applicant. Pursuant to land use code section 26.470.IOO(C)(3), 3.5 employees are expected to be generated for each 1,000 square feet of floor area in the Golf Course Support Overlay Zone District (categorized as "other" in the code). Based on the aforementioned Land Use Code employee generation guidelines, for the 1,248 square foot structure, 4.3 full-time employees are expected to be generated. Therefore, the number of employees that are generated by the new use of non-profit offices are anticipated to be considerably less than were employed in the space while it was used as the Golf Pro Shop. The former Golf Pro Shop building has been utilized in the winter as the Nordic Center which provides lessons, and rents and sells nordic skiing equipment. The Nordic Center employs 3-5 full-time employees during the winter season. Based on the land use code's employee generation numbers mentioned above, the expected employee generation of the proposed use would be less in the winter season than the structure's existing use as the Nordic Center. The Pro Shop and Nordic Center that will be moving into the new clubhouse building have already been mitigated for as part 2 r, ~ of the approved Truscott Planned Unit Development. (Please see Chart A below for the employee generation figures.) CHART A USE Full-Time Employees Origin of Information Golf Pro Shop 7-10 Applicant Nordic Center 3-5 Applicant N on-Profit Offices 4.3 based on 3.5 ftpll,OOO SF Land Use Code Guideline The current uses of Pro Shop and Nordic Center are comprised of both administrative and mainly retail/equipment rental components. Because the uses of Pro Shop and Nordic Center had a large percentage of their floor areas dedicated to retail/equipment rental, staff believes that the office use will be less impacting than the current uses. However, Staff is proposing a condition of approval that would require any non-profit entity that is not youth or recreation oriented to receive an amendment to this GMQS Exemption approval prior to operating in the subject space. Staff feels that this condition of approval will insure that the facility is always used by a non-profit organization that is beneficial to the community, thus making it a truly essential public facility. The aforementioned condition of approval also insures that the impacts of the non-profit use have been determined and properly analyzed. The 2000 Aspen Area Community Plan (AACP) contains a series of Goals promoting the Arts, Culture, and Education (p. 46). Several goals relate to the proposed conversion of the former Golf Pro Shop and it's proposed use to provide office space for non-profit organizations as well as operating as an essential public facility. The proposed conversion meets the following goal: Goal E: Ensure the provision of public facilities and services to sustain arts, culture, and education in the community, Staff feels that the proposed conversion also meets the following intent statement of the Parks, Open Space, and Environment section of the AACP: Intent: Further the growth and development of outdoor recreation through expanded partnerships among governmental agencies, non-profit organizations, and the general citizenry, Staff finds the proposed requests will result in a facility that will serve the aforementioned pair of goals in that it recognizes and enhances youth activities within the valley. However, it should also be noted that the AACP also provides the following language in the Action Plan (p. 56 and Action # 53) regarding Essential Community Facilities and Affordable Housing: In planning for any "Essential Community Facility, " it should be determined if there is sufficient affordable housing associated with the project to ensure the facility is viable over the long run. 3 t'"'\, ~ This application does not include a direct response to this Action Item in the AACP with respect to the relationship between an essential public facility and affordable housing. However, Staff finds that this action item is evaluated by judging the appropriateness of projects on a case by case basis. Staff believes that the proposed use will not be a growth generator. The conversion of the former Pro Shop to, non-profit offices is part of the overall Truscott Planned Unit Development vision which has already provided the Community with a great deal of affordable housing. City Council Resolution No. 41, Series of 2000 approving the Conceptual Truscott Planned Unit Development, identifies the reuse of the former Pro Shop for Junior Golfs operations as a good idea and indicates that the proposed conversion was reviewed as part of the Truscott PUD approval. Staff finds that the conversion of the former Golf Pro Shop and Nordic Center to non-profit offices meets the review standards for approving a Growth Management Quota System Exemption for an Essential Public Facility. STAFF RECOMMENDATION: Staff recommends that the Aspen! Pitkin County Growth Management Commission approve the proposed resolution recommending that City Council approve an exemption from the Growth Management Quota System finding that proposed use of non-profit offices for the former Aspen Municipal Golf Course Pro Shop Building be classified as an Essential Public Facility with the following conditions: I. Only non-profit organizations as defined by the City of Aspen Land Use Code that are youth or recreation oriented shall be allowed to operate in the subject space. A non-profit organization that is not youth or recreation oriented may be approved to operate in the space through an amendment to this GMQS Exemption approval. 2. Any entity that meets the City of Aspen Land Use Code's definition of a Non- Profit Organization and is recreation or youth orie)lted may inhabit the space without obtaining a change-in-use approval. 3. This Growth Management Quota System approval is contingent upon receiving approval to rezone the subject property to the Public Zone District. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Growth Management Commission Resolution No. ,Series of2002, recommending that City Council approve an exemption from the Growth Management Quota System finding that the proposed use of non-profit offices for the former "Aspen Municipal Golf Course Pro Shop Building" be classified as an Essential Public Facility with the conditions set forth in the proposed resolution." 4 ~ ,~ ATTACHMENTS: REVIEW CRITERIA & STAFF FINDINGS EXHIBIT A -- GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION FORAN ESSENTIAL PUBLIC FACILITY SUPPORTING DOCUMENTS EXHIBIT B -- ApPLICATION LETTER FROM CITY OF ASPEN RECREATION DEPARTMENT EXHIBIT C -- LETTER FROM ASPEN JUNIOR GOLF EXHIBIT D -- PARCEL VICINITY MAP 5 ",......, '1 EXHIBIT A GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION FOR AN ESSENTIAL PUBLIC FACILITY REVIEW CRITERIA & STAFF FINDINGS The following types of development are exempt from the growth management competition and scoring provisions of this Title. Some types of exempt residential and tourist accommodations development are deducted from the pool of annual development allotments and Aspen Metro Area development ceilings; others are not. This Section describes the types of development that are exempt from growth management competition and scoring; conditions or standards, if any, for exemption; and the decision making body responsible for reviewing applications for exemption. Exemption for Construction of essential public facilities. This exemption is not deducted from the respective annual development allotment established pursuant to Section 26.470.040 or from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Review is by City Council after considering a recommendation from the Growth Management Commission. This exemption is available provided the following conditions are met: 1. Except for housing, development shall be considered an essential public facility if: a, it serves an essential public purpose, provides facilities in response to the demands of growth, is not itself a significant growth generator, is available for use by the general public, and serves the needs ofthe City. Staff Finding Staff finds that the proposed use of offices for non-profit entities that benefit the youth of the Community such as Aspen Junior Golf and other youth or recreation oriented non-profits will not be a growth generator for the area. The proposed non-profit office employ use will likely employ significantly less employees than the previous uses. Staff feels that many non-profit organizations benefit the general public and serve the essential public purpose of providing facilities to serve youth's needs and demands of the Aspen Community. Staff finds this Criterion to be met. 2. An applicant for an exemption pursuant to this Section shall be required to demonstrate to the satisfaction of the City Council: a. That the impacts of the essential public facility will be mitigated, including those associated with: i, The generation of additional employees, the demand for parking, road and transit services, and 9 r, t""\ Staff Finding Staff feels that the proposed use will not generate any more demand for parking or public facilities than already exists. Junior Golf already utilizes the Aspen Municipal Golf Course Area for it's operations. Staff finds the proposed use of non-profit offices will actually employ less full-time employees in the existing structure than are employed by the current uses of Golf Pro Shop/Nordic Center. The land use code predicts an average of 3.5 employees would be generated for each 1,000 net leasable square feet. The Golf Pro Shop/Nordic Center use employ between 4 and 10 full time employees depending on the season. Therefore, the proposed use will yield a reduction in employee generation in the structure. The Golf Pro Shop/Nordic Center has been mitigated for in the approved Truscott Planned Unit Development. Staff finds this criterion to be met. ii, The need for basic services including but not limited to water supply, sewage treatment, drainage control, fire and police protection, and solid waste disposal. Staff Finding The structure proposed as non-profit office space already exists and has been utilized for years. Staff finds that there will not be an increase in impacts on public services resulting from the use of the space as non-profit offices. Staff finds this criterion to be met. iii. The proposed development has a negligible adverse impact on the City's air, water, land and energy resources, and is visually compatible with surrounding areas. Staff Finding The proposed use will not result in any changed impact on air, water, land, and energy resources. Staff finds this criterion to be met. 3. Notwithstanding the criteria as set forth in sub-Sections (1) and (2), above, the City Council may determine upon application that development associated with a nonprofit entity qnalifies as an essential public facility and may exempt such development from the growth management competition and scoring procedures and from such mitigation requirements as it deems appropriate and warranted, Staff Finding The proposed use of the structure involves development associated with non-profit entities as defined by the City of Aspen Land Use Code. Stafffeels that the proposed use of non-profit offices qualifies the former Aspen Municipal Golf Pro Shop as an essential public facility. Staff also believes that the likely specific non-profit entities (i.e. Aspen Junior Golf) that will occupy the space will serve a community benefit. Staff feels that any non-profit organization that is youth or recreation oriented will benefit the community in a positive manner. Therefore, staff has proposed a condition of approval that requires City Council's approval for a non-profit entity to utilize the space that is not youth or recreation oriented. The intention in placing the aforementioned condition of approval is to 10 /""" A insure that the non-profit organization inhabiting the space will always be one that serves and is beneficial to the Community. Staff finds this criterion to be met. II 1'"\ 1'"\ fX0l'lo,'f- \tg I( Application for Rezoning, Subdivision, and GMQS Exemption Project: Jr, Golf Building Owner: City of Aspen Representatives: Steve Aitken- Golf Department Tim Anderson- Recreation Department Type of Application: 2 Step- Rezoning, Subdivision, GMQS Exemption, PUD Amendment Description: Old "Golf Shop" building is expected to be conveyed to Jr, Golf, This was contemplated during the redevelopment and requires no land use action other than a subdivision to define the building as a property interest, A PUD Amendment is also proposed to establish the FAR for the newly created lot as it's existing conditions, Jr, Golf is interested in the ability to sublease the building to non-profit entities, This could be another recreation related entity such as Jr, Hockey or a non- recreation related entity. This nse may not always be an accessory to on-site recreation, for this reason a GMQS Exemption for an essential pnblic facility and a rezoning is required. The Public Zone District allows for essential public facilities. The building lies on the golf course parcel and does not have a separate legal description. A metes and bonnds description of the building perimeter will be necessary to define the limits ofthe rezoning, The new configuration of the parking lot allows for 153 spots for golf, tennis, and restanrant parking, This amount of parking will also accommodate the needs of Jr. Golf. Generally no more than 3 to 4 cars would be generated with the Jr. Golf operation, Additional employee generation for this operation will remain the same and has actually been reduced within the last year. 1""\ i"""\ ] aitkenfam, 10:27 AM 11/21/2001 -0800, ,Jr. GO,lfJa@UseApp GMQS Exemption Standards H. Construction of essential pUblic facilities, This exemption is not deducted from the respective annual development allotment established pursuant to Section 26.470.040 or from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Review is by City Council. This exemption is available provided the following conditions are met: 1. Except for housing, development shall be considered an essential public facility if: a, it serves an essential public purpose, provides facilities in response to the demands of growth, is not itself a significant growth generator, is available for use by the general public, and serves the needs of the City, Old golf shop had 7-9 employees this number has been reduced to 2-3 employees. 2. An applicant for an exemption pursuant to this Section shall be required to demonstrate to the satisfaction of the City Council: a, That the impacts of the essential pUblic facility will be mitigated, including those associated with: I. the generation of additional employees, the demand for parking, road and transit services, This has reduced the actual number of employees and parking impacts. il. the need for basic services including but not limited to water supply, sewage treatment, drainage control, fire and police protection, and solid waste disposal. It shall also be demonstrated that: There will be no change. iil. the proposed development has a negligible adverse impact on the City s air, water, land and energy resources, and is visually compatible with surrounding areas, Not Applicable. 3, Notwithstanding the criteria as set forth in sub-Sections (1) and (2), above, the City Council may determine upon application that development associated with a nonprofit entity qualifies as an essential public facility and may exempt such development from the growth management competition and scoring procedures and from such mitigation requirements as it deems appropriate and warranted. Printed for James Lindt <jamesl@ci.aspen.co.us> 3 01-04-2002 01 :53pm From-MORRI~~YRWALD 9709209991 t) 7-124 P.001l001 F-541 EX~; 10,'+ \'-C I; To: James Lindt, Community Development From: Ernie Fyrwald, Aspen Jr. GoJfBoard Member Re: Aspen Jr. Golf Building ("Old Pro Shop") potential uses The Aspen Jr. Golf organization will inhabit this building On a year around basis. We will function in the same capacity as we have for the past 20 years with the primary focus being May thru October for the day to day program(s). We will occupy the space in the winter as well with our offices and supplies for the program(s). Our day to day usage in the winter is minimal. As far as subleasing any space we are not entertaining a definite entity at this time. Should the need arise do to extra space and or financial needs we would like to find a suitable cohabitant. Our intentions would be a youth oriented chl:irity organization. A few possibilities include: Aspen Jr. Hockey, Aspen Soccer, Youth Zone, Aspen Jr. Tennis, etc. We don't want to limit ourselves in the naming of the entity but feel confident in finding a charity organization to fit the bill. -w ~R ...,Il> ~~. 'i~ :b. ~~ cs~ ~hl ... !:l ~ ,.. \3 1 o ~;;:; <::>~r ~~~ ~'^ - - o - - ....... .- .0 .- .c >< W C- eo ~ ~ .... -- c -- (.) -- > .... .... o (.) tn ~ .... t- t'"\ r, " CIJ u li f/l rn ~ ..lII: c: "C c: ';: 5 CIJ 5 8. 'tii !Q,Q.~o is ~~0c!S 50c!S f/l,~ 'O~t)f/lQj5 -g~~2~~'tii ~C3ii2cnlflfi: <OllfJfJfJ ~ z r:/l ~ i,;~ ~"': ~ *~ ., TO: TO: FROM: RE: DATE: COMMENTS: r""\, n MEMORANDUM Plans were routed to those departments checked-off below: ~......... Housing Cindy Christensen, Housing Authority James Lindt, Planning Technician Community Development Department 130 S. Galena St.; Aspen, CO 81611 Phone-920.5095 Fax-920.5439 Former Golf Pro Shop Subdivision, Rezoning, PUD Amendment, and GMQS Exemption for an essential public facility. December 5, 2001 Cindy, Please find attached a copy of the part of this application that has been submitted to me requesting to subdivide, rezone, and gain approval for a growth management quota system exemption deeming the former golf pro shop an essential public facility. The Recreation Department wants to sell off the former golf pro shop at Truscott to Aspen Junior Golf. Aspen Junior Golf wishes to use the space as office. Aspen Junior Golf also wants the flexibility to sublease the space to another private non-profit organization that has yet to be determined. Steve Aitken provided employment numbers in an e- mail to me that states that there were between 7-9 employees that worked in the former golf pro shop. They are projecting the Junior Golf Office Use to have between 2-3 employees. The Planning Staff feels that any non-profit use that is leased this space will not exceed the 7-9 employees that were employed in the former pro shop. When the facility was the pro shop it had components of retail and office. Aspen Junior Golf and the other non-profit that they will lease it to will also have the same components of part retail and part offices. We don't feel that there will be any employee generation as a result of this conversion. We thought it would be appropriate to get a referral memo from you to see if you agree. Please return comments to me by December 21 ". Thanks, James TO: TO: FROM: RE: ",......, (""\ MEMORANDUM Pl~ yere routed to those departments checked-off below: ~ ........... City Engineer o ........... Zoning Officer o ........... Housing 0........... Parks Department 0........... Aspen Fire Marshal 1(.......... City Water ::e(.......... Aspen Consolidated Sanitation District X.......... Building Department 0........... Environmental Health ~.......... Electric Department o ........... Holy Cross Electric o ........... City Attorney o ........... Streets Department 0........... Historic Preservation Officer 0........... Pitkin County J;'lanning )9; Tv-o,,\I\5P OV'tu.j,'o V\ DRC Representatives James Lindt, Planner CommlolIlity Development Department 130 S. Galena St.; Aspen, CO 81611 Phone-920.5095 Fax-920.5439 Former Golf Pro Shop/Nordic Center Subdivision, Rezoning and PUD Amendment DATE: DRC on January 23, 2002, COMMENTS: Please find attached an application for a Subdivision, Rezoning, and PUD Amendment Application for the former Golf Course Pro Shop to be subdivided from Lot 1 of Truscott Subdivision, Rezoned from Park wi a Golf Course Support and PUD Overlay to the Public Zone District wi a PUD Overlay, and a PUD Amendment to set the allowable dimensional requirements as existing conditions on the newly created lot. The City Recreation Department's intention is to subdivide and sell off the former Pro Shop building to Aspen Junior Golf. The DRC on this application will be held on Wednesday, January 23, 2002. The public hearing is scheduled in front of the Planning and Zoning Commission on February 5th. Final Comments Due To Richard Goulding: Wednesday, January 30, 2002 1""""\ I n, Steve Aitken, 02:02 PM 9/13101 -0600, Re: Jr. Golf Building Land Use Application X-Sender: stevea@commons X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58 Date: Thu, 13 Sep 2001 14:02:22 -0600 To: James Lindt <jamesl@ci.aspen.co.us> From: Steve Aitken <stevea@ci.aspen.co.us> Subject: Re: Jr. Golf Building Land Use Application James, I have collected all of the stuff you listed below, and have it for your review. The written responses to the three criteria that you provided are as follows: (They may be too concise for the application process so let me know.) 1. For the Parking Requirement. Due to the fact that a parking lot is already in place that takes into consideration the Jr. Golf Facility no additional parking will be needed. ' 2. Change in Use Because of the intended use in the future, no additional employees will be generated. Jr. Golf would only want to sublease to a non profit group like Jr. Hockey and or have video games, pin ball machines, etc. to generate additional revenues. 3. Compatible Use The type of use for the facility would be compatible with its surrounding community. Currently the Aspen Golf Club/ Tennis Complex along with affordable housing make up the balance of the surrounds. Aspen Jr. Golf is a integral part of the golf facility and will be a place where youth can meet and play golf, tennis and other productive types of sports or activities. I will syncronize a meeting to meet on this shortly. If you have any questions please call me at 920-5719. Thanks Steve At 09:20 AM 08/03/2001 , you wrote: Hi Steve, Joyce Ohlson asked me to kind of guide you through what else we need as part of your land use application on the Jr. Golf Building. I have attached several different criteria attachments. Each criteria attachment is the criteria that the different land use actions will be reviewed by. Please supply us with written responses on how you feel that your application meets each one of the criteria that are on the attachments. If you don't think that a criteria is applicable to your specific application, write not applicable. Please also supply us with the following stuff: 1. Either a survey of just the Jr. Golf Building or a metes and bounds description of the are being rezoned (the Jr. Golf Building Kself). Printed for James Lindt <jamesl@ci.aspen.co.us> 1 ~ ~ (' ;J Steve Aitken, 02:02 PM 9/13/01 -0600, Re: Jr. Golf Building Land Use Application 2. Proof of ownership showing tha~ the City owns the building ( Can be obtained from the County Clerk and Recorder and maybe even the City Clerk. 3. A list of property owners within 300' of the Jr. Golf Building for notice. (Can be obtained from the GIS Department. Please let me know if you have any questions regarding the application. Thanks, James Planning Technician Printed for James Lindt <jamesl@ci.aspen.co.us> 2 tj r) aitkenfam, 11:27 AM 11121/01 -0800, Jr. GolfLel'l~l.J~eApp From: "aitkenfam" <aitkenfam@netzero.net> To: <jamesl@cLaspen,co,us> Subject: Jr, Golf Land Use App Date: Wed, 21 Nov 2001 11 :27:29 -0800 X-Mailer: Microsoft Outlook Express 5.00.2919.6600 X-MimeOLE: Produced By Microsoft MimeOLE V5,OO.2919,6600 X-ECS-MaiIScanner: Found to be clean James, I have typed up the responses that we worked on last week, Do we need a memo to go to council and P& Z? Let me know how you want to proceed. I have the other materials (the survey, proof of ownership, and a list of property owners), Thanks Steve Aitken City of Aspen Golf Department From: "aitkenfam" <aitkenfam@netzero,net> To: "Steve Aitken" <stevea@cLaspen.co.us> References: <4.2,0.58.20011 001132639,OObbed50@commons> Subject: Re: Re: Jr. Golf Building Land Use Application Date: Wed, 21 Nov200111:18:15-0800 MIME-Version: 1,0 Content-Type: multiparValternative; boundary="----= _NextParLOOO _0034_01 C 1727E.4E456120" X-Priority: 3 X-MSMail-Priority: Normal X-Unsent: 1 X-MimeOLE: Produced By Microsoft MimeOLE V5.00.2919,6600 Special Review 26.515.040 Special review standards. Whenever the off-street parking requirements of a proposed development are subject to establishment and/or mitigation via a.payment in lieu by special review, the development application shall only be approved if the following conditions are met. A. All zone districts, In all zone districts where the off-street parking requirements are subject to establishment and/or mitigation by special review, the applicant shall demonstrate that the parking needs of the residents, customers, guests and employees of the project have been met, taking into account potential uses of the parcel, the projected traffic generation of the project, the projected impacts onto the on-street parking of the neighborhood, its proximity to mass transit routes and the downtown area, and any special services, such as vans, provided for residents, guests and employees, In determining whether to accept the mitigation or whether to require that the parking be provided on-site, the Planning and Zoning Commission shall take into consideration the practical ability of the applicant to place parking on-site, whether the parking needs of the development have been adequately met on-site and whether the city has plans for a parking facility which would better meet the needs of the development and the community than would location of the Printed for James Lindt <jamesl@ci.aspen.co.us> 1 ,-.,. n aitkenfam, 11 :27 AM 11121/01 -0800, Jr. Golf Land Use App parking on-site. Rezoning 26.310.040 Standards of review. I n reviewing an amendment to the text of this Title or an amendment to the official zone district map, the City Council and the Planning and Zoning Commission shall consider: A Whether the proposed amendment is in conflict with any applicable portions of this Title. Not Applicable. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan, This amendment does support the Aspen area Community Plan. C, Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. This ammendment is compatible by providing recreational and teaching facilities. 0, The effect of the proposed amendment on traffic generation and road safety, This facility has been located at the golf course since 1985 and is will not generate any additional traffic. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. The proposed application will not exceed capacity for public facilities F, Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Not applicable. G, Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. The City of Aspen fosters recreational activities. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Truscott Development created the need for this. I. Whether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent of this Title, This would not be in conflict with the public interest due to the fact that it is a golf teaching facility for youth in the community. Printed for James Lindt <jamesl@ci.aspen.co.us> 2 ~ aitkenfam, 11:27 AM 11121/01 -0800, Jr. Golf Land Use App r:, II Printed for James Lindt <jamesl@ci.aspen.co.us> 4 01-10-2002 01,59p. Fr..-MORR~FYRWALD 9709209995 ("">, T-166 P.OOI/OOI F-759 To: James Lindt, Community Development From: Ernie Fyrwald, Aspen Jr. Golf Board Member Re: Aspen Jr. Golf Building ("Old Pro Shop") potential uses The Aspen Jr. Golf organization will inhabit this building on a year around basis. We will function in the same capacity as we have for the past 20 years with the pri11la1y focus being May thru October for the day to day program(s). We will occupy the space in the winter as well with OUT offices and supplies for the program(s), Our day to day usage in the winter is minimal. As far as subleasing any space we are not entertaining a definite entity at this time. Should the need arise do to extra space and or financial needs we would like to find a suitable cohabitant. Our intentions would be a youth oriented charity organization. A few poSSibilities include: Aspen Jr. Hockey, Aspen Soccer, Youth Zone, Aspen Jr. Tennis, etc. We don't want to limit ourselves in the naming of the entity but feel confident in finding a charity organization to fit the bill. . 1""""\ t"'\ ,) Memorandum To: Chris Bendon, Planner From: Steve Aitken, Director of Golf Date: July 10, 2001 RE: Application for Rezoning, Special Review, and GMQS Exemption for Jr. Golf offices Chris, I am attempting to submit an application for rezoning for the new Jr. Golf offices. Since I am new to this process, and what I have produced so far illustrates this, please provide direction to what additionally needs to be included or corrected. I have included a copy of the Pre Application Summary that you put together. Thanks, Steve r:::foyu-; Cc.tv\ yw {, ~i~. ~ ~~ ~ ~~ \.1Mt~ +hr~L-.-.~ 1'Yb~ 2:.. <Sr ~t!ML it> ~p ~ r- +k- ""PP ~t2>~' , ~tt"" ~ -P~l1l1er ~~ ';'';fil r-., n. Application for Rezoning, Subdivision, and GMQS Exemption Project: Jr. Golf Building Owner: City of Aspen Representatives: Steve Aitken- Golf Department Tim Anderson- Recreation Department Type of Application: 2 Step- Rezoning, Subdivision, GMQS Exemption, PUD Amendment Description: Old "Golf Shop" building is expected to be conveyed to Jr, Golf. This, was contemplated during the redevelopment and requires no land use action other than a snbdivision to define the building as a property interest, A PUD Amendment is also proposed to establish the FAR for the newly created lot as it's existing conditions. Jr. Golf is interested in the ability to sublease the building to non-profit entities. This could be another recreation related entity snch as Jr, Hockey or a non- recreation related entity, This use may not always be an accessory to on-site recreation, for this reason a GMQS Exemption for an essential public facility and a rezoning is required. The Public Zone District allows for essential public facilities. The building lies on the golf course parcel and does not have a separate legal description. A metes and bounds description of the bnilding perimeter will be necessary to define the limits of the rezoning. The new configuration of the parking lot allows for 153 spots for golf, tennis, and restaurant parking, This amount of parking will also accommodate the needs of Jr. Golf. Generally no more than 3 to 4 cars would be generated with the Jr. Golf operation. Additional employee generation for this operation will remain the same and has actually been reduced within the last year. ~ r~ if Application for ReZoning, Special Review, and GMQS Exemption I _.,........, Project: Jr. Golf Building Owner: City of Aspen Representatives: Steve Aitken- Golf Department Tim Anderson- Recreation Department Type Of Application: 2 Step- Rezoning, Special Review, GMQS Exemption Description: Old "Golf Shop" Building is expected to be conveyed to Jr. Golf. This was contemplated during the redevelopment review of Truscott and requires no land use action other than a subdivision to define the building as a property interes~ This elm b~ dOlll~ w~th. a _ c&odaminiumplat. Th.;.s will lee. cVOVl.€ W/.5~bodlt//S'~~, Jr. Golf is interested in the ability to sublease the building to non-profit entities. This could be another recreation related entity such as Jr. Hockey, or a non-recreation related entity. The use may not always be an accessory to on sight recreation, for this reason a change in use and rezoning is required. The Public Zone District allows for essential public facilities. The building lies on the golf course parcel and does not have a separate legal description. A metes and bounds description of the building perimeter will be necessary to define the limits of the rezoning. The new configuration of the parking lot allows for 153 spots for golf, tennis, and restaurant parking. This amount of parking will also accommodate the needs of Jr. Golf. Generally no more than 3 to 4 cars would be generated with the Jr. Golf operation. Additional employee generation for this operation will remain the same and has actually been reduced within the last year. 1997 UNIFORM BUILDING COO~ f .' n TABLE 5-A '-"', , , EXTERIOA WAU.S , , , ,Bearing I Noobearing I OPENINGSS , I Distances are measured 10 property Hoes (see Section 503). OCCUPANCY CONSTRUCTION I x 304.8 for mm GROUP4 TYPE I,F.R, r Four-hour N/e Four-hour N/C less than 5 feet Not permitted less than 5 feet I!-F.R. Two-hour N/C less than 20 feet Protected less than 20 feet One-hour N/C less than 40 feet NR, N/C elsewhere II One.hour A,! ll-N III One-hour IlI,N Group A, Division 1 Occupancies are not allowed in these construction types. IV-HT. i V One-houf V,N , A-2 I-F.R, Four-hour N/C Four-hour NIC less thari 5 feet Not permitted less than 5 feet A-2.1 I!-F.R, i Two.hour N/C less than 20 feel Protected less than 20 feet A,3 III One-hour I One-hour N/C less than 40 feet A-4 IY-HT , NR, N/C elsewhere U One. hour I Two-hour N/C less than 10 feet Same as bearing except NR, N/C 40 Not permitted less than 5 feet ! One-hour N/C elsewhere feet or greater Protected less than 10 feet I!,N ! " A-2 III-N i Group A, Divisions 2 and 2.1 Occupancies are not allowed in these construction types. A-2.12 Y,N i V One-hour I Two~hour less than 10 feet Same as bearing Not permitted less than 5 feet One-hour elsewhere Protected less than 10 feet II One~hour ! T wo~hour N/C less than 5 feet Same as bearing exccpt NR, N/C 40 Not permitted less than 5 feet i One-hour N/C elsewhere feet or greatcr Protected less than 10 feet I!,N I Two-hour N/C less than 5 feet Same as bearing Not permitted less than 5 feet One-hour N/C less than 20 feet Protected less than 10 feet I NR, N/C elsewhere II!,N Four-hour N/C Four-hour N/C less than 5 feet Not permitted less than 5 feet A-3 Two-hour N/C less than 20 feet Protected less than 20 feet One-hour N/C less than 40 fect NR, N/C elsewhere V One-hour Two-hour less than 5 feet Same as bearing Not permitted less than 5 feet One-hour elsewhere Protected less than 10 feet V,N Two-hour less than 5 feet Same as bearing Not permitted less than 5 feet One-hour less than 20 feel Protectcd less than 10 feet NR elsewhere II One-hour One-hour N/C Same as bearing except NR, N/C 40 Protected less than 10 feet feet or greater I!,N One-hour N/C less than 10 feet Same as bearing Protected less than 10 feet NR, N/C elsewhere II!,N Four-hour N/C Four-hour N/C less than 5 feet Not permitted less than 5 feet A,4 Two-hour N/C less than 20 feet Protected less than 10 feet One-hour N/C less than 40 feet NR, N/C elsewhere V One-hour Onc-hour Same as bearing Protected less than 10 feet V,N One-hour less than 10 feet Same as bearing Protected less than 10 feet NR elsewherc I-F.R, Four-hour N/C less than 5 feet Four-hour N/C less than 5 feet Not permitted less than 5 feet B.F'!,M, l!-F.R, Two-hour N/C C1sewhere Two-hour N/C less than 20 feet Protected less than 20 feet Sol. S,3 III One-hour One-hour N/C less than 40 feet ll!,N NR, N/C elsewhere IV,H.T. II One~hour One-hour N/C Same as bearing except NR, N/C 40 Not permitted lcss than 5 feet fect or greater Protected less than 10 feet eN l!,N3 Onc~hour N/C less than 20 feet Same as bearing Not permitted less than 5 feet NR, N/C elsewhere Protected less than 10 feet M V One-hour One-hour Same as bearing Not permitted Icss than 5 feet S'!, S-3 ~ Protected less than 10 feet cY Onc-hour less than 20 feet Same as bearing Not permitted less than 5 feet NR elsewhere Protected less than 10 feet TABLE 5-A-EXTERIOR WALL AND OPENING PROTECTION BASED ON LOCATION ON PROPERTY FOR ALL CONSTRUCTION TYPES',2,3 For exceptions, see Section 503.4. .' i'. (Continued) 1-55 '",", r, ~) CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Chris Bendon, 920.5072 DATE: 4.24.01 PROJECT: REPRESENTATIVE: OWNER: TYPE OF APPLICATION: DESCRIPTION: "Jr. Golf Building" Rezoning, Special Review, and GMQS Exemption Tim Anderson - Recreation Dept.; Steve Aitken - GolfDept. City of Aspen 2 step - Rezoning, Special Review, GMQS exemption Old "Pro Shop" building is expected to be conveyed to Jr. Golf. This was contemplated during the redevelopment review of Truscott and requires no land use action other than a subdivision to define the building as a property interest. This can be done with a condominium plat. Jr. Golfis interested in the ability to sublease the building to non-profit entities. This could be another recreation related entity, such as Jr. Hockey, or a non-recreation related entity. If the use is no longer accessory to on-site recreation, a change in use and rezoning is required. The Public Zone District allows for essential public facilities. The blliHing lies on the Golf Course parcel and does not have a separate legal description. A metes and bounds description of the building perimeter will be necessary to define the limits of the rezoning. Special Review for parking is necessary to establish thrProper parking arrangement with the new use. Staff expects the existing approved parking provision to satisfy this need but would like to ensure the sale includes some allowance for use of the parking lot. Employee generation should be addressed in 1he application comparing the approved use (Jr. Golf and GolfDept. offices) to the proposed uses. land Use Code Sections: 26.710.250 Public Zone District 26.710.240 Park Zone District 26,710.300 Golf Course Support Overlay 26.470.070 Growth Management Exemption (for Essential Public Facilities) 26.310 Rezoning 26.430 Special Review for Parking 26.304 Common Development Review Procedures Review by: Staff for Completeness, Development Review Committee (DRC) for technical considerations, Community Development Director for recommendation, Growth Management Commission for EPF recommendation, Planning and Zoning Commission for SR and rezoning recommendation, City Council for rezoning. Yes, P&Z, GMC, and City Council. Applicant needs to post the property and mail notice within 10 days of the public hearing Applicant will need to provide proof of posting and mailing with a affidavit at the public hearing, Housing $2405 (deposit) Housing 180 $2,585 (additional hours are billed at a rate of$205/hour). Waived for City Project Public Hearing: Referral Agencies: Planning Fees: Referral Agency Fees: Total Deposit: ~ ~ -.. - ,j ( I To apply, submit the following information: I, Proof of ownership and letter signed by the applicant stating representative authorization. 2. ~Copies of the complete application packet and reduced drawings. 3. Site improvement survey - Waived. 4. Survey, metes and bounds description, or proposed condo plat showing area to be rezoned. 5, List of adjacent property owners within 300' for the public hearings. Include members of public noticed during conceptual review who live outside of 300 feet radius. Notes: · A site improvement survey is not required but a description of the area to be rezoned is necessary. This can coincide with survey work necessary for condo'ing the building as a separate interest from the golf course. . Please include a simple drawing or site plan of the building in the application for orientation. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that mayor may not be accurate. The summary does not create a legal or vested right.