HomeMy WebLinkAboutcoa.lu.rz.10 Truscott Pl.A077-01
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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
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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
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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.
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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.)
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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 ~
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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
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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"),
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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.
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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,
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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
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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,
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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
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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
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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
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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
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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
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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.
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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.
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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
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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.
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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.
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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
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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,
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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.
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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:
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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.
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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:
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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.
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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.
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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.
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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.
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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
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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.
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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
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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
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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
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- 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:
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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.
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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('
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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. !
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Aspen Municipal Golf Course f. ..Jhop
Aspen Jr. Golf Foundation
Page 2
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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.
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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
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Aspen Municipal Golf Course ,.i Shop
Aspen Jr. Golf Foundation
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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.
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Aspen Jr, Golf Foundation
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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
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Aspen Municipal Golf Course J Shop
Aspen If. GoJfPoundation
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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.
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Aspen MuniGipal Golf Coun .'0 Shop
Aspen lr. Golf Foundation
Page 6
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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
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Aspen Municipal Golf Coun " Shop
Aspen Je, Golf Foundation
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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
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Aspen Municipal Golf Cours; ) Shop
Aspen Jr. Golf Foundation
Page 8
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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
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Aspen Jr. Golf Foundation
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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
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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
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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
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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.
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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.
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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
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. 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.
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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
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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.
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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.
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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
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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.
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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.
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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
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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.
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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.
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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:
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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
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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:
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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.
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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.
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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
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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").
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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.
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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.
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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
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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.
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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
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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.
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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.
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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
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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.
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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.
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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
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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.
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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.
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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:
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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
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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:
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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.
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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
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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.
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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.
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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
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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)
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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)
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~ 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
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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
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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]
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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
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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.
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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.
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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 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
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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
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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
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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.
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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.
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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
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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
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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)
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~ 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
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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
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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.
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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
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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:
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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~
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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
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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
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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
~
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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 BOX 8749
DENVER CO 80201
ORRICK SALLY
350 S JOHN Q HAMMONS PKWY #12A
SPRINGFIELD MO 65809-2501
t"'\
JBL KEYSTONE LLC
POBOX 8355
ASPEN CO 81612
JENSEN ROBERT N & KRISTIN 0
PO BOX 7847
ASPEN CO 81612
KRIEBEL KATHLEEN
PO BOX 910
ASPEN CO 81612
LYONS CHARLES P & EDELTRAUD
1690 HOMESTAKE DR
ASPEN CO 81611
MAROLT MAXWELL S & ELIZABETH A
PO BOX 1013
ASPEN CO 81612
MILLER JOHN L & KATHERINE L
1490 SILVER KING DR
ASPEN CO 8161 I
MOSLE PAULA M
6125 WESTWICK
DALLAS TX 75205
OBRIEN MERLE JABLIN & THOMAS R
745 CEMETERY LN
ASPEN CO 8161 I
OREN NEDRA 1997 RESIDENCE TRUST
3526 BA YSHORE VILLAS DR
COCONUT GROVE FL 33133
P&S DATA LC PROFITSHARING PLAN
FBO PHILLIPS STEVEN J
8081 COBBLESTONE RD
DES MIONES IA 50322
EMMER JAMIE L & MAURICE S
660 HANSEN WAY
P ALa ALTO CA 94304
ESARY GARY S
PO BOX 8725
ASPEN CO 81612
FELDMAN GARY M 50%
PO BOX 4464
ASPEN CO 81612
FOULARD M W COMPANY
2930 REVERE STE 200
HOUSTON TX 77019
GLEASON AUSTIN W & GEORGE ANNA
2900 HEARNE AVE
SHREVEPORT LA 71103
GREENE ANTHONY F
705 CASTLE CREEK DR
ASPEN CO 8161 I
HALL CHRISTINE CLARK & J BENNETT
PO BOX 4063
ASPEN CO 81612-4063
HAMSHER JOl-IN HERBERT 50%
1475 SIERRA VISTA DR
ASPEN CO 8]611
HELMICH LINDA L
PO BOX 2382
ASPEN CO 81612
HOMEYER EVE
810 CEMETERY LN
ASPEN CO 81611
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ENGLANDER ALAN S TRUST
323 RAILROAD AVE
GREENWICH CT 06836
F AM]L Y TRUST 08/20/97
810 BONITA DR
ASPEN CO 8161 I
FERNANDEZ ERIN L
315 E HYMAN AVE STE305
ASPEN CO 81611
FURTH MARY P & DANIEL T
PO BOX 8849
ASPEN CO 8]6]2
GOLDSMITH FRANK A
793 CEMETERY LN
ASPEN CO 81611
GRE]NER JEAN M TRUST
6153 MURRYRD
WHITEHALL MI 49461
HALL J BENNETT & CHRlSTINE CLARl(
1225 ALTA VISTA
ASPEN CO 8]611
HANRAHAN RUTH L OWENS
805 BONlT A DR
ASPEN CO 81611
HIGHLANDS PARTNERSH]P
C/O MITTON CHARLES
PO BOX 24123
DENVER CO 80224-0123
HOPKINS CHARLES FREDERIC &
PAMALYN
3601 E COVE PT DR
SALT LAKE CITY UT 84109
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EPOCH ASPEN DEVELOPMENT LLC
359 CAROLINA AVE
WINTER PARK FL 32789
FARINO CAROL
PO BOX 10421
ASPEN CO 81612
FIRST BAPTIST CHURCH
726 W FRANCIS ST
ASPEN CO 81611
GALARDI JOHN & CYNTHIA L
4440 VON KARMAN AVE STE #222
NEWPORT BEACH CA 92660
GREENBERG DEBRA S & PETER R
22 PYRAMID RD
ASPEN CO 8]611
GRYNBERG RACHEL SUSAN TRUST
5000 S QUEBEC STE 500
DENVER CO 80237
HALL J BENNETT & CHRISTINE CLARK
1227 ALTA VISTA LN #2
ASPEN CO 81611
HARVEY DR HAROLD K
42D AABC
ASPEN CO 81611-3548
HOL Y CROSS ELECTRIC ASSN - ER076
PROPERTY TAX DEPT
ORA WER 2150
GLEN WOOD SPRINGS CO 81602
HORNING ROBERT P & KHARA M
1005 CEMETERYLN
ASPEN CO 81611-1015
A&LRANCHLTD
c/o VENDEL Y COMMUNICATIONS INC
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 8161 I
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
DAVIDSON DONALD
864 CEMETERY LN
ASPEN CO 8161 I
DUBLIN LEONARD & ADELE
3801 NE 20nH ST
N MIAMI BEACH fL 33180
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ANDERSON PARKER T & CYNTHIA
CIO WING MERRILL
1345 SIERRA VISTA DR
ASPEN CO 81611
BARWICK STEPHEN H
BARWICK AMY L AS JOINT TENANTS
705 CEMETERY LN
ASPEN CO 81611
BLACK BETSY P
PO BOX 3904
ASPEN CO 81612
BRESNITZ KURT G & LOTTE S
1650 HOMEST AKE DR
ASPEN CO 8161 I
CARRIS SANDRA L TRUST NUMBER TWO
735 CEMETERY LN
ASPEN CO 8161 I
CHERRY ADAMZ& 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 81611
DICKER IAN
5 HIGHGATE HILL
TOORAKAUSTRALIA 3142
DUCHESS CORPORA nON
2820 E VIKING RD
LAS VEGAS NV 89 I 2 I
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ASPEN LAKE PROPERTY LLC
I 17 MBC STE 208
ASPEN CO 81611
BEER MARILYN C
1443 DAHLIA ST
DENVER CO 80220
BLUEPOINT PROPERTIES LLLP
1450 SILVER KING DR
ASPEN CO 81611
BROWN DONNA L
1425 SILVERKINGDR
ASPEN CO 81611
CHALOUPKA DONALD & VIRGINIA M
PO BOX 393
FRASER CO 80442-0393
CITY OF ASPEN
130 S GALENA ST
ASPEN CO 81611
COOPER JOHN
C/O H COOPER SUPPLY
PO BOX 1747
SPRINGFIELD MO 65801
DANKS LAURA
845 CEMETERY LN
ASPEN CO 81611
DRUEDING WILLIAM L & THOMAS W
735 CEMETERY LN #B
ASPEN CO 81611
DUNN JOSEPH & LUCY HALL 1/2lNT
1416 GATEWAY RD
SNOWMASS CO 81654-9211
WEBER JENNIFER L
PO BOX 2446
FRiSCO CO 80443-2446
WINCHESTER ROBERT P
PO BOX 5000
SNOWMASS VfLLAGE CO 81615
ZELLER GERD
PO BOX 37
ASPEN CO 8]612
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WEIMANN JOACH]M J & RENATE F
775 CEMETERY LN
ASPEN CO 81611
WORCESTER JO]-!N P
707 CEMETERY LN
ASPEN CO 8]61 f
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WERNER SARAH R RESIDENCE TRUST
POBOX 503
8ELLEVUE W A 98009-3884
ZANlN FAMILY INVESTMENTS LLC
00308 MC SKIMMING RD
ASPEN CO 8]61]
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PATTERSON DANIEL EDWARD & SUSAN
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580 CEMETERY LN UNIT 2
ASPEN CO 81611
PHILLIPS SUSAN Z & STEVEN J
808] COEBLESTONE RD
URBAN DALE IA 50322,4422
RED BUTTE CEMETERY
PO BOX 194
ASPEN CO 816] 1
ROWLANDS DONNA K REVOCABLE
TRUST
770 CEMETERY LN
ASPEN CO 81611
SEVERY CHARLES L
1390 SIERRA VISTA DR
ASPEN CO 81611
SIW AK ALVIN L TRUST 50%
323 CARLYLE LAKE DR
STLOUIS MO 63]4]
STAPLETON GREGORY P & ELAINE
3061 FARINGFORD RD
THOUSAND OAKS CA 91361-5334
STITT HAROLD L & AUSTINE N
]450 SILVER KING DR #1
ASPEN CO 8,1611
TROTT PATRICIA P & HOUGHTON M
PO BOX 1994
ASPEN CO 81611
WALBERT DA VID & ELLEN
1425 SIERRA VISTA DR
ASPEN CO 81611
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PATTERSON FAMILY 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
TAYLOR] DAVID
221 N STARWOOD DR
ASPEN CO 81611-9724
TUMMINARO F AMIL Y TRUST
245 BROOK WOOD RD
WOODSIDE CA 94062
WALL CHARLES R
188 E 70TH ST
NEW YORK NY 10021-5170
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PEiRCE THOMAS L
825 BONITA DR
ASPEN CO 81611
RA TCLlFF ELIZABETH S & DA VlD E
PO BOX 25
ASPEN CO 81612
ROARING FORK PARTNERS LTD 25%
PO BOX 25425
DALLAS TX 75225-1425
SCHWARZ HANS P REVOCABLE TRUST
840 BONITA DR
ASPEN CO 81611
SILVER QUEEN LLLP
1452 SILVER KING DR
ASPEN CO 816I1
SMITH JOAN FRENSLEY & STEPHEN B
4033 GRASSMERE
DALLAS TX 75205
STERTZER ELlANE C
PO BOX 2746
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 756
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 81612
MODELL FAMILy Lp
1350 SIERRA VISTA
ASPEN CO 81611
NELSON GEORGE W
NELSON BARBARA S
4658 E SHADOWROCK RD
PHOENIX AZ 85028
ODONNELL JOHN & ADRIENNE
1425 B SIERRA VISTA
ASPEN CO 81611
ORION FAMILY LTD LLLP 60%
1450 SIL VER KING DR
ASPEN CO 8161 I
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JACOBS MARVIN L DOROTHY S
234 LOYOLA BLDG STE 909
NEW ORLEANS LA 70 112
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 & LEL Y A J
PO BOX 3707
ASPEN CO 81612
MOORE ALBERTA L PERS RES TRUST
PO BOX 126
WOODY CREEK CO 81656
NIVEN MICHAEL C
875 CHATFIELD RD
ASPEN CO 81611
ORE BUCKET ASSOCIATES
CONNERY ROBERT T C/O
PO BOX 8749
DENVER CO 80201
ORRICK SALLY
350 S JOHN Q HAMMONS PKWY #12A
SPRINGFIELD MO 65809-2501
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JBL KEYSTONE LLC
POBOX 8355
ASPEN CO 81612
JENSEN ROBERT N & KRISTIN 0
PO BOX 7847
ASPEN CO 81612
KRIEBEL KATHLEEN
PO BOX 910
ASPEN CO 81612
LYONS CHARLES P & EDELTRAUD
1690 HOMESTAKE DR
ASPEN CO 81611
MAROLT MAXWELL S & ELIZABETH A
PO BOX 1013
ASPEN CO 81612
MILLER JOHN L & KA THERlNE L
1490 SILVER KING DR
ASPEN CO 81611
MOSLE PAULA M
6125 WESTWICK
DALLAS TX 75205
OBRIEN MERLE JABLIN & THOMAS R
745 CEMETERY LN
ASPEN CO 81611
OREN NEDRA 1997 RESIDENCE TRUST
3526 BA YSHORE VILLAS DR
COCONUT GROVE FL 33133
P&S DATA LC PROFITS HARING PLAN
FBO PHILLIPS STEVEN J
808] COBBLESTONE RD
DES MIONES IA 50322
EMMER JAMIE L & MAURICE S
660 HANSEN WAY
PALO ALTO CA 94304
ESARY GARY S
PO BOX 8725
ASPEN CO 81612
FELDMAN GARY M 50%
PO BOX 4464
ASPEN CO 81612
FOULARD M W COMPANY
2930 REVERE STE 200
HOUSTON TX 77019
GLEASON AUSTIN W & GEORGE ANNA
2900 HEARNE AVE
SHREVEPORT LA 71103
GREENE ANTHONY F
705 CASTLE CREEK DR
ASPEN CO 81611
HALL CHRISTINE CLARK & J BENNETT
PO BOX 4063 '
ASPEN CO 81612-4063
HAMSHER JOHN HERBERT 50%
1475 SIERRA VISTA DR
ASPEN CO 81611
HELMICH LINDA L
PO BOX 2382
ASPEN CO 81612
HOMEYER EVE
810 CEMETERY LN
ASPEN CO 81611
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ENGLANDER ALAN S TRUST
323 RAILROAD AVE
GREENWICH CT 06836
F AMIL Y TRUST 08/20/97
810 BONITA DR
ASPEN CO 81611
FERNANDEZ ERIN L
315 EHYMAN AVE STE 305
ASPEN CO 8I61l
FURTHMARYP& DANIEL T
PO BOX 8849
ASPEN CO 81612
GOLDSMITH FRANK A
793 CEMETERY LN
ASPEN CO 81611
GREINER JEAN M TRUST
6153 MURRYRD
WHITEHALL MI 49461
HALL J BENNETT & CHRlSTINE CLARK
1225 ALTA VISTA
ASPEN CO 81611
HANRAHAN RUTH L OWENS
805 BONITA DR
ASPEN CO 81611
HIGHLANDS PARTNERSHIP
C/O MITTON CHARLES
PO BOX 24123
DENVER CO 80224-0123
HOPKINS CHARLES FREDERIC &
P AMAL YN
3601 E COVE PT DR
SALT LAKE CITY ur 84109
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EPOCH ASPEN DEVELOPMENT LLC
359 CAROLINA AVE
WINTER PARK FL 32789
FARINO CAROL
PO BOX 10421
ASPEN CO 81612
FIRST BAPTIST CHURCH
726 W FRANCIS ST
ASPEN CO 81611
GALARDI JOHN & CYNTHIA L
4440 VON KARMAN AVE STE #222
NEWPORT BEACH CA 92660
GREENBERG DEBRA S & PETER R
22 PYRAMID RD
ASPEN CO 816]1
GRYNBERG RACHEL SUSAN TRUST
5000 S QUEBEC STE 500
DENVER CO 80237
HALL J BENNETT & CHRlSTINE CLARK
1227 ALTA VISTA LN #2
ASPEN CO 81611
HARVEY DR HAROLD K
42D AABC
ASPEN CO 81611-3548
HOLYCROSS ELECTRIC ASSN - 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
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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
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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
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775 CEMETER Y LN
ASPEN CO 816] 1
WORCESTER JOHN P
707 CEMETERY LN
ASPEN CO 81611
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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
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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
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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
-------------'------..;...;------------~'"'"""'--'-'---'------'--
-----------------------------------------
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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).
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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
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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
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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
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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
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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'"\
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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""\
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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.
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TO:
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RE:
DATE:
COMMENTS:
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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:
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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""""\
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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
~
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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
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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
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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""""\
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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
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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.
~
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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 .'
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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
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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:
~
~
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- ,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.