HomeMy WebLinkAboutcoa.lu.rz.440 Maroon Creek Rd.A010-99PN: 2735-142-00851 Case A010-99
Iselin & Rotary Park Rezoning
No
CASE STATUS SHEET
Case # J 0 / 0 - 99 Case Assigned To: (� Ar, -) Ls�,_
Representative's Name: L4w s,a.c,,,
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Phone:
Fax:
Activity:
Date Assigned:
Date Applicant Contacted: yek
Date of Site Visit: 1 L
Date of Determination of Completeness
Date of DRC Meeting: Y-4
P&Z Date(s):
HPC Date(s):
Council Date(s):
Date Action/Activity ,`�Lh ��Iv utio�i�e, err-,�evl �► Wf��le�
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CASE NAME: Iselin and Rotary Park Rezoning PLNR:lChns Bendon
PROD ADDR: Maroon Creek Road CASE TYP: Rosoning STEPS:
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TO: Mayor and City Council
THRU: Amy Margerum, City Manager
John Worcester, City Attorney
Julie Ann Woods, Community Development Director (����
FROM: Christopher Bendon, Planner OA�7
RE: Iselin Park Rezoning — 2nd Reading & Public Hearing (cont. from March 22nd)
Ordinance No. 3, Series of 1999
DATE: April 6, 1999
SUMMARY:
The City of Aspen has recently annexed a 2 1 + acre tract of land known as "Iselin"
and "Rotary" Parks. As part of the statutory requirements of annexation, the City has
an obligation to zone the property within 90 days of the annexation. In Pitkin
County, the property straddled two zone districts. The northern half of the land was
zoned AFR-2 and the southern half AFR-10. Both of these zone districts permit
single-family residential uses and general outdoor recreational uses.
The Community Development Department's original recommendation was to zone
this parcel Public (PUB). This City zone district allows for the current use and the
uses being considered in the master planning effort. The Public Zone also allows,
however, for uses not being considered, such as hospital, fire station, and museum,
which raise concerns with neighboring property owners.
The Park Zone District allows for the current land use and allows for all uses being
considered in the master planning effort with the exception of affordable housing.
(The Planning and Zoning .Commission requested the development team investigate
the possibility of including a few units of affordable housing to offset the generation
of additional employees by the project.) The City Attorney expressed concern about
the City Council considering the Park Zone District while the public noticing
identified the Public Zone District and requested the hearing be continued and the
neighbors re -noticed.
The public hearing has been re -noticed for consideration of the Park Zone District.
The property was posted, the property owners within 300 feet of the property were
mailed notice, and a legal notice was published in the Aspen Times.
Staff recommends City Council adopt Ordinance No. 3, Series of 1999, to rezone
Iselin and Rotary Parks to the Park Zone District.
•
APPLICANT:
Community Development Department, City of Aspen.
LOCATION:
450 Maroon Creek Road (Moore Pool). Located west of the School Campus.
ZONING:
Pitkin County Zoning: AFR-2 for the northern portion. AFR-10 for the southern
portion.
Proposed City Zoning: Park (P) Zone. A copy of the proposed zoning is attached as
Exhibit B.
LOT SIZE:
21.269 acres.
CURRENT LAND USE:
Active and passive open space and recreation. Municipal pool and tennis courts.
PROPOSED LAND USE:
The City Parks and Recreation Departments are considering a redevelopment of this
parcel to accommodate an indoor public ice rink, pool, ball fields, and affordable
housing. The proposed Park zoning would accommodate all the uses being
contemplated with the exception of affordable housing. The Planning and Zoning
Commission recommended the Public Zone by a 6 to 0 vote.
PROPOSED LAND USE:
The parcel was annexed into the City on January 11, 1999. The Planning and Zoning
Commission reviewed this zoning request on March 2, 1999, and recommended the
Public Zone District. The latest conceptual development plans were reviewed during
a work session with the development team.
REVIEW PROCEDURE:
Rezoning. Upon receiving a recommendation from the Planning and Zoning
Commission and the Community Development Director, the City Council shall
consider the application at a public hearing and approve, approve with conditions, or
deny the rezoning request.
BACKGROUND:
The subject property was annexed into the City of Aspen on January 11, 1999.
According to State statute, the City must rezone the property within 90 days of the
final annexation. The property was zoned AFR-2 and AFR-10 in Pitkin County.
These are low -density residential zones.
FA
1 0 0
STAFF COMMENTS:
The City Planning Department originally recommended the Public Zone District
because it represented the best possible "fit" with the uses being considered in the
Iselin Park Master Plan. The Public Zone District allows for public recreational
facilities and for the provision of affordable housing on -site -- a use not allowed in the
Park Zone.
The Public Zone also allows for uses, such as a museum, which are not part of the
current planning concepts. After concerns were raised by the neighbors over the
provisions of the Public Zone District, the Community Development Department is
recommending the Park Zone District as an appropriate zoning which does not allow
for uses not being considered in the master planning effort.
Review criteria and Staff Findings have been included as Exhibit A. A copy of the
Park Zone District requirements has been provided as Exhibit B. A vicinity map has
been included as Exhibit C.
RECOMMENDATION:
Staff recommends City Council adopt Ordinance No. 3, Series of 1999, rezoning
Iselin and Rotary Parks to the Park (P) Zone District with no conditions.
RECOMMENDED MOTION:
"I move to adopt Ordinance No. 3, Series of 1999."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Comments
Exhibit B -- Park (P) Zone District provisions
Exhibit C -- Vicinity Map
• 0
A TRACT OF LAND LOCATED IN THE SWI/4 OF SECTION II AND THE NWI/4 OF
SECTION 14 ALL IN TIOS, R85W OF THE 6TH P.M., COUNTY OF PITKIN, STATE OF
COLORADO, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SI/4 CORNER OF SAID SECTION 11. THENCE S39'51'00"W, 1061.60
FEET ALONG THE SOUTHEASTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN
DEED RECORDED IN BOOK 119 AT PAGE 40 OF THE RECORDS OF PITKIN COUNTY,
COLORADO;
THENCE N42'35'00"W, 372.00 FEET ALONG THE SOUTHWESTERLY LINE OF THAT
TRACT OF LAND AS DESCRIBED IN SAID BOOK 119 AT PAGE 40;
THENCE N90'00'00"W, 178.75 FEET ALONG THE SOUTH LINE OF THAT TRACT OF
LAND AS DESCRIBED IN SAID BOOK 119 AT PAGE 40 TO THE APPROXIMATE CENTER-
LINE OF MAROON CREEK;
THE FOLLOWING FIVE (5) COURSES AND DISTANCES ARE ALONG THE APPROXIMATE
CENTERLINE OF SAID MAROON CREEK;
N31'08'20'W, 51.37 FEET;
N07'29'45"E, 167.28 FEET.
NI8'51'21"E, 86.99 FEET;
N15'02'28"E, 188.91 FEET;
NIO'01'03"W, 71.19 FEET TO THE SOUTH LINE OF THE SWI/4 OF SAID SECTION 11;
THENCE, LEAVING THE APPROXIMATE CENTERLINE OF SAID MAROON CREEK, S89'48'20"E,
26.91 FEET ALONG THE SOUTH LINE OF THE SW/4 OF SAID SECTION II AND THE
SOUTHERLY LINE OF MAROON CREEK CLUB SUBDIVISION (SOUTH) AN ANNEXATION MAP
RECORDED IN BOOK 41 AT PAGE 76 IN THE RECORDS OF PITKIN COUNTY, COLORADO;
THENCE N00*14'51"W, 201.82 FEET ALONG THE EASTERLY LINE OF SAID
MAROON CREEK CLUB SUBDIVISION (SOUTH) ANNEXATION;
THENCE N33"01'14"E, 281.07 FEET ALONG THE EASTERLY LINE OF SAID
MAROON CREEK CLUB SUBDIVISION (SOUTH) ANNEXATION;
THENCE NO2'16'09"W, 264.36 FEET ALONG THE EASTERLY LINE OF SAID MAROON
CREEK CLUB SUBDIVISION (SOUTH) ANNEXATION TO THE NORTHEASTERLY LINE OF
_Y
THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN BOOK 789 AT PAGE 214
AREA
OF THE RECORDS OF PITKIN COUNTY, COLORADO;
THENCE S56'32'30" E, 605.85 FEET ALONG THE NORTHEASTERLY LINE OF THAT
TRACT OF LAND AS DESCRIBED IN SAID BOOK 789 AT PAGE 214 TO THE NORTH-
WEST CORNER OF THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN BOOK
344 AT PAGE 127 OF THE RECORDS OF PITKIN COUNTY, COLORADO;
THENCE S56'32'20"E, 144.15 FEET ALONG THE NORTHEASTERLY LINE OF THAT TRACT
OF LAND AS DESCRIBED IN BOOK 341 AT PAGE 127 TO THE NORTHWEST CORNER OF
THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN BOOK 246 AT PAGE 962
FESSIONAL
OF THE RECORDS OF PITKIN COUNTY, COLORADO;
INFORMATION
=RK AND
THENCE SOUTHEASTERLY,129.76 FEET ALONG THE ARC OF A CURVE CONCAVE
TO THE NORTHEAST AND ALONG THE NORTHEASTERLY LINE OF THAT TRACT OF LAND
_
AS DESCRIBED IN SAID BOOK 246 AT PAGE 962, SAID ARC HAVING A RADIUS OF
700.00 FEET, A CENTRAL ANGLE OF 10'37'14", AND BEING SUBTENDED BY A CHORD
THAT BEARS S61'12'27"E, 129.57 FEET;
THENCE S89'48'20"E, 50.85 FEET ALONG THE NORTHEASTERLY LINE OF THAT
TRACT OF LAND AS DESCRIBED IN SAID BOOK 246 AT PAGE 962 TO THE NORTHEAST
CORNER THEREOF;
EXHIBIT Q
STAFF COMMENTS: Iselin Rezoning
Section 26.92.020, Standards Applicable to Rezoning
In reviewing an amendment to the official zone district map, the City Council and the
Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this title.
Staff Finding:
The proposed zoning is consistent with the Land Use Code and does not represent any potential
conflicts. The Park zoning requires all development on the site to proceed through the PUD
process in order to determine the appropriate dimensional requirements, parking, general impacts,
and intensity of uses. Therefore, before any development occurs, the Planning and Zoning
Commission and Council will have the opportunity to review the proposal under a PUD process.
B. Whether the proposed amendment is consistent with all elements of the Aspen Area
Comprehensive Plan.
Staff Finding:
The 1993 AACP identifies the Iselin and Rotary Park parcel with the following suggested action:
Expand Iselin Park for organized recreational activities, and incorporate the Rotary
Club proposal for a passive park and semi -active park.
The Park Zone District is appropriate for these types of proposed uses. This zone does not allow
for affordable housing, which may be a desirable element for the final program.
C. Whether the proposed amendment is compatible with surrounding zone districts and land
uses, considering existing land use and neighborhood characteristics.
Staff Finding:
Surrounding the site is the public school campus, medium -density residential, and Maroon Creek.
There is a proposed bridge linking the parks with the base area of Tiehack. The Park Zone
allows for uses compatible with the surrounding area. The subsequent PUD process will
determine the intensity of those uses allowed and any mitigation measures to offset adverse
impacts to the surrounding area.
D. The effect of the proposed amendment on traffic generation and road safety.
Staff Finding:
The level of development and its level of traffic generation and impacts on road safety will be
evaluated through the PUD process. Traffic, transit, pedestrian facilities, and overall road safety
have been issues raised by the Commission in work sessions with the Parks Department. These
issues will remain important elements in the planning process. The existing and potential level of
traffic in the area must combine with the high level of existing and potential pedestrian
movements in a safe manner, especially considering the age of the pedestrians and peaks in level
Staff Comments 1
•
•
of activity. Transportation issues, the acceptable level of trip generation, and the most appropriate
and safe design will be determined and required through the PUD process. The project team
includes a traffic consultant who will address transportation in detail.
The development program for the parcel is in the conceptual stages. The applicant realizes that
safe transportation is a primary design parameter and has made specific accommodations in
designing the site. This zoning does not allow development as of right to occur without full
review as a PUD, and the Parks Department has been very cooperative in accommodating the
concerns of staff and the Commission in programming the site.
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 facilities, including, but not limited to, transportation
facilities, sewage facilities, water supply, parks, drainage, schools, and emergency
medical facilities.
Staff Finding:
The zone district designation will not, itself, have an effect on the provision of public facilities.
Again, this topic is a criterion of PUD and of GMQS. Applicants are required to provide letters
of intent for services which the development affects, and upgrades to the system or other
appropriate mitigation measures are typically required if found to be necessary.
F. Whether and the extent to which the proposed amendment would result in significant
adverse impacts on the natural environment.
Staff Finding:
The natural features of the site are being considered with the master planning effort. The river
corridor, recreational connections, transit, and use schedules with the surrounding parcels are all
being considered to reduce the level of impact the development may have on the natural
environment. The Park zoning designation will not adversely affect the natural environment.
G. Whether the proposed amendment is consistent and compatible with the community
character in the City of Aspen.
Staff Finding:
The Parks Department has been working with the surrounding property owners to achieve a
reasonable compatibility with the neighborhood. This process will continue. Staff believes the
master planning effort is consistent with the AACP and that the Park zoning is compatible with
the City character.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
Staff Finding:
Annexation of the property into the City of Aspen is a condition which requires this process. The
Park Zone District allows for the current use of the property and allows for the uses being
considered in the master planning effort.
Staff Comments 2
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:
This proposed Park Zone District does not pose any conflicts with the public interest. The AACP
specifically reflects a community desire for increased recreational facilities at this location, and
the flexibility to accommodate employee housing on -site for those additional jobs created by the
development represents good land use planning and should be encouraged. Staff believes this
zone district will promote the purpose and intent of this Title and will be in harmony with the
public interest.
Staff Comments 3
EXHIBIT B
26.28. 240 Park Zone District
A. Purpose. The purpose of the Park (P) zone district is to ensure that land intended for
recreation use is developed so as to serve its intended use, while not exerting a disruptive
influence on surrounding land uses.
When a Park (P) zone district is designated with a Transportation Overlay (T) zone
district designation, its purpose is to provide for the use of for both parks and public
transportation facilities in the most compatible manner practicable, but with the park
character remaining dominant.
When a Park (P) zone district is designated with a Drainage Overlay (D) zone district
designation, its purpose is to provide for the use of both park and drainage system
facilities in the most compatible manner practicable, with the park character remaining
dominant.
When the Park (P) zone district is designated both with the Transportation Overlay (T)
zone district and the Drainage Overlay (D) zone district, its purpose is to provide for the
use of parks, public transportation facilities, and drainage system facilities in the most
compatible manner practicable, with the park character remaining dominant.
When the Park (P) zone district is designated Golf Course Support (GCS) Overlay zone
district, its purpose is to provide for the use of public golf courses and adjacent support
facilities in the most compatible manner practicable, with the park character remaining
dominant.
B. Permitted uses. The following uses are permitted as of right in the Park (P) zone district.
1. Open -use recreational facility, park, playfield, playground, golf course, riding
stable, nursery, botanical garden; and
2. Accessory buildings and uses.
C. Conditional uses. The following uses are permitted as conditional uses in the Park (P)
zone district, subject to the standards and procedures established in Chapter 26.60.
1. Recreation building;
2. Sport shop;
3. Restaurant facility; and
4. Park maintenance building.
D. Dimensional requirements. The dimensional requirements which shall apply to all
permitted and conditional uses in the Park (P) zone district shall be set by the adoption of
a conceptual development plan and final development plan, pursuant to Chapter 26.84,
Planned Unit Development.
E. Off-street parking requirement. The following off-street parking spaces shall be
provided for each use in the Park (P) zone district subject to the provisions of Chapter
26.32.
1. Lodge use: 1 space/bedroom
2. Residential use: N/A
3. All other uses: Requires special review pursuant to Chapter 26.64. (Ord. No. 22-
1995, § 6: Code 1971, § 5-219)
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Attachment 8 0
County of Pitkin
ss.
State of Colorado
AFFIDAVIT OF NOTICE PURSUANT
TO ASPEN LAND USE REGULATIONS
SECTION 26.52.060(E)
I, C�tS , being or representing an
Applicant to the City of Aspen, personally certify that I have complied with the public notice
requirements pursuant to Section 26.52.060(E) of the Aspen Municipal Code in the following
f11%ilfl[��
By mailing of notice, a copy of which is attached hereto, by first-class postage prepaid U.S.
Mail to all owners of property within three hundred (300) feet of the s1,bjct property, as indicated
on the attached list, on the allay of G� rt�,. , 199 1(which isdays prior to the public
hearing date of ).
2. By posting a sign in a conspicuous place on the subject property (as it could be seen from
the nearest public way) and that the si
1d sign was posted and visible continuously from theZ j //day
of , 199 , to the tjl
day of , 199 . (Must be posted for at least
ten (10) full days before the hearing date). A photograph of the posted sign is attached hereto.
0 L-M
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nature
(Attach photograph here) Signed before me this clay of
199A_. by
WITNESS MY HAND AND OFFICIAL SEAL
My Commission expires
My CarmTnis� expires: 12/26/2000
A -
Notary Public
C� J
PUBLIC NOTICE
RE: ISELIN AND ROTARY PARK REZONING TO THE PARK ZONE
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 6,
1999 at a meeting to begin at 4:15 p.m. before the Aspen City Council, Council Chamber,
City Hall, Aspen, to consider an application submitted by the City of Aspen requesting
rezoning of the property to Park (P). The property is legally described as a tract of land
located in the SW 1/4 of section 11 and the NW 1/4 of section 14, Township 10 South,
Range 85 West of the 6th PM, Pitkin County, Colorado. This tract of land is commonly
referred to as "Iselin Park" and "Rotary Park," contains the "Moore Pool," and is located
on the west side of Maroon Creek Road near Glen Eagle Drive. For further information,
contact Chris Bendon at the Aspen/Pitkin Community Development Department, 130 S.
Galena St., Aspen, CO, (970) 920-5072, chrisb@ci.aspen.co.us.
s/John Bennett, Mayor
Aspen City Council
The above referenced item was continued from the City Council meeting held on March
22 to change the zoning from Public (PUB) to Park (P).
MAROON CREEK LLC ORE ALBERTA L PERS RES TRUST BOER NIARILYN S REVOCABLE TRUST
10 CLUB CIRCLE BOX 126 E CENTRAL AVE
ASPEN, CO 81611 1 1 WOODY CREEK CO 81656 WICHITA, KS
ASPEN SCHOOL DISTRICT MAR00N CREEK LLC
0235 HIGH SCHOOL RD PE.ARCE EQUITIES
ASPEN. CO 31611 UJI�
10 CLUB CIRCLE
ASPEN. CO 81611
LOTS 7 & 3 MAROON CREEK LLC LOTS - & 3 MAROON CREEK LLC ;OSIER GER-kLD L
CIO GARFIELD & HECHT ?C 00 6ARFIELD & HECHT PC PO BOX 1'354
601 E HYVWN AVE 601 E HYMAN AVE
ASPEN. CO 31612
ASPEN. CO 81611 ASPEN. CO 31611
HART.RICH JAMES G Hr\E S -.-iICHLANDS LIMITED
PARTNERSHIP
PO BOX 12235
970
ASPEN. CO 816 i 2 AS BOX 4-1PEN. CO
81611
LW DEVELOPMENT INC C.ARSON L KELLEY CHURCH OF JESUS CHRIST OF LATTER
OATES LEONARD M ESQ C-0 D_ �Y STS
PO BOX 8927
533 E HOPKINS AVE ASPEN, CO 81612 C,`O REAL ESTATE DIVISION
ASPEN, CO 81611 50 E N TEMPLE
SALT LAKE CITY. UT 84150
BRADFORD DEBORAH BRADFORD DEBORAH DORENIUS ANDREW J & JEANNE C
PO BOX 4856 PO BOX 4856 78.10 7 %
ASPEN, CO 81612 ASPEN, CO 81612 85 GLEN GARRY DR
.1SPEN. CO 31611
FRAMPTON GEORGE T JR LW DEVELOPMENT INC
SLATER LAWRENCE J
C/O US DET OF THE INTERIOR OATES LEONARD M ESQ C/0
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3215 NEWARK ST NW 533 E HOPKINS AVE 107E MAROON
WASHINGTON. DC 20008 ASPEN, CO 81611 ASPEN, CO 8161111 RD
SCHENNUM EARL C JR WOODWARD RALPH H MCCREARY WILLIAM F & PHILLIS M
SCHENNLtiI CAROL M 105 WOODWARD LN 9750 AiVIANITA AVE
PO BOX 867 ASPEN, CO 81611 TUJUNGA. CA 91042
ASPEN, CO 81612
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• • V11%;
MEMORANDUM
TO: Mayor and City Council
THRU: Amy Margerum, CityManager
John Worcester, City Attorney
Julie Ann Woods, Community Development Director
Mitch Haas, Interim Deputy Director
FROM: Christopher Bendon, Planner
RE: Iselin Park Rezoning — 2nd Reading & Public Hearing
Ordinance No. 3, Series of 1999
DATE: March 22, 1999
SUMMARY:
The City of Aspen has recently annexed a 2 1 + acre tract of land known as "Iselin"
and "Rotary" Parks. As part of the statutory requirements of annexation, the City has
an obligation to zone the property within 90 days of the annexation. In Pitkin
County, the property straddled two zone districts. The northern half of the land was
zoned AFR-2 and the southern half AFR-10. Both of these zone districts permit
single-family residential uses and general outdoor recreational uses.
The parcel is owned by the City and managed by the Parks and Recreation
Departments. The parcel is currently being planned for expanded municipal
recreational facilities including an ice rink, ball fields, a redesigned pool, and possibly
a few affordable housing units. This memorandum addresses only the rezoning and
does not contain any recommendations regarding the redevelopment of the parcel.
The Community Development Department recommends the parcel be zoned Public
(PUB). This City zone district allows for the current use of the property but removes
the provision for single family homes. The Public Zone District provides for
affordable housing as a conditional use — a use not allowed in the Park Zone District —
and establishes all dimensional requirements of the site through the PUD process.
Staff recommends City Council adopt Ordinance No. 3, Series of 1999, to rezone
Iselin and Rotary Parks to the Public Zone District.
APPLICANT:
Community Development Department, City of Aspen.
LOCATION:
450 Maroon Creek Road (Moore Pool). Located west of the School Campus.
ZONING:
Pitkin County Zoning: AFR-2 for the northern portion. AFR-10 for the southern
portion.
Proposed City Zoning
attached as Exhibit B.
LOT SIZE:
21.269 acres.
CURRENT LAND USE:
Public (PUB) Zone. A copy of the proposed zoning is
Active and passive open space and recreation. Municipal pool and tennis courts.
PROPOSED LAND USE:
The City Parks and Recreation Departments are considering a redevelopment of this
parcel to accommodate an indoor public ice rink, pool, ball fields, and affordable
housing. The proposed Public rezoning would accommodate all the uses being
contemplated. The Planning and Zoning Commission recommended approval of the
Public Zone by a 6 to 0 vote.
PROPOSED LAND USE:
The parcel was annexed into the City on January 11, 1999. The Planning and Zoning
Commission reviewed this zoning request on March 2, 1999, and reviewed the latest
conceptual development plans during a work session with the development team.
REVIEW PROCEDURE:
Rezoning. Upon receiving a recommendation from the Planning and Zoning
Commission and the Community Development Director, the City Council shall
consider the application at a public hearing and approve, approve with conditions, or
deny the rezoning request.
BACKGROUND:
The subject property was annexed into the City of Aspen on January 11, 1999.
According to State statute, the City must rezone the property within 90 days of the
final annexation. The property was zoned AFR-2 and AFR-10 in Pitkin County.
These are low -density residential zones.
STAFF COMMENTS:
The City Planning Department is recommending the Public Zone District because it
represents the best possible "fit" with the uses being considered in the Iselin Park
Master Plan. The Public Zone District allows for public recreational facilities and for
the provision of affordable housing on -site -- a use not allowed in the Park Zone.
Review criteria and Staff Findings have been included as Exhibit A. A copy of the
Public Zone District requirements has been provided as Exhibit B. A vicinity map has
been included as Exhibit C.
2
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RECOMMENDATION:
Staff recommends City Council adopt Ordinance No. 3, Series of 1999, rezoning
Iselin and Rotary Parks to the Public (PUB) Zone District with no conditions.
RECOMMENDED MOTION:
"I move to adopt Ordinance No. 3, Series of 1999."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Comments
Exhibit B -- Public (PUB) Zone District provisions
Exhibit C -- Vicinity Map
EXHIBIT A
STAFF COMMENTS: Iselin Rezoning
Section 26.92.020, Standards Applicable to Rezoning
In reviewing an amendment to the official zone district map, the City Council and the
Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this title.
Staff Finding:
The proposed zoning is consistent with the Land Use Code and does not represent any potential
conflicts. The Public zoning requires all development on the site to proceed through the PUD
process in order to determine the appropriate dimensional requirements, parking, general impacts,
and intensity of uses. Therefore, before any development occurs, the Planning and Zoning
Commission and Council will have the opportunity to review the proposal under a PUD process.
B. Whether the proposed amendment is consistent with all elements of the Aspen Area
Comprehensive Plan.
Staff Finding:
The 1993 AACP identifies the Iselin and Rotary Park parcel with the following suggested action:
Expand Iselin Parkfor organized recreational activities, and incorporate the Rotary
Club proposal for a passive park and semi -active park.
The Public Zone District is appropriate for these types of proposed uses. This zone also allows
for the provision of affordable housing as a conditional use, which may be a desirable element for
the final program.
C. Whether the proposed amendment is compatible with surrounding zone districts and land
uses, considering existing land use and neighborhood characteristics.
Staff Finding:
Surrounding the site is the public school campus, medium -density residential, and Maroon Creek.
There is a proposed bridge linking the parks with the base area of Tiehack. The Public Zone
allows for uses compatible with the surrounding area. The subsequent PUD process will
determine the intensity of those uses allowed and any mitigation measures to offset adverse
impacts to the surrounding area.
D. The effect of the proposed amendment on traffic generation and road safety.
Staff Finding:
The Public Zone District allows for affordable housing as well as uses similar to those allowed in
the Park Zone District. The level of development and its level of traffic generation and impacts
on road safety will be evaluated through the PUD process. Traffic, transit, pedestrian facilities,
and overall road safety have been issues raised by the Commission in work sessions with the
Parks Department. These issues will remain important elements in the planning process. The
Staff Comments 1
• 0
existing and potential level of traffic in the area must combine with the high level of existing and
potential pedestrian movements in a safe manner, especially considering the age of the
pedestrians and peaks in level of activity. The difference between the Public and Park Zone
Districts would have no bearing on this transportation issue — both allow the same uses and
intensities, and both are reviewed through the PUD process. Transportation issues, the
acceptable level of trip generation, and the most appropriate and safe design will be determined
and required through the PUD process. The project team includes a traffic consultant who will
address transportation in detail.
The development program for the parcel is in the conceptual stages. The applicant realizes that
safe transportation is a primary design parameter and has made specific accommodations in
designing the site. This zoning does not allow development as of right to occur without full
review as a PUD, and the Parks Department has been very cooperative in accommodating the
concerns of staff and the Commission in programming the site. Staff believes the Public Zone
District is the most appropriate for this parcel and that the PUD process requirement allows for
sufficient review of the final proposal.
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 facilities, including, but not limited to, transportation
facilities, sewage facilities, water supply, parks, drainage, schools, and emergency
medical facilities.
Staff Finding:
The zone district designation will not, itself, have an effect on the provision of public facilities.
Again, this topic is a criterion of PUD and of GMQS. Applicants are required to provide letters
of intent for services which the development affects, and upgrades to the system or other
appropriate mitigation measures are typically required if found to be necessary.
F. Whether and the extent to which the proposed amendment would result in significant
adverse impacts on the natural environment.
Staff Finding:
The natural features of the site are being considered with the master planning effort. The river
corridor, recreational connections, transit, and use schedules with the surrounding parcels are all
being considered to reduce the level of impact the development may have on the natural
environment. The Public zoning designation will not adversely affect the natural environment.
G. Whether the proposed amendment is consistent and compatible with the community
character in the City of Aspen.
Staff Finding:
The Parks Department has been working with the surrounding property owners to achieve a
reasonable compatibility with the neighborhood. This process will continue. Staff believes the
master planning effort is consistent with the AACP and that the Public zoning is compatible with
the City character.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
Staff Comments 2
•
•
Staff Finding:
Annexation of the property into the City of Aspen is a condition which requires this process. The
Public Zone District allows for the current use of the property and allows for the uses being
considered in the master planning effort.
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:
This proposed Public Zone District does not pose any conflicts with the public interest. The
AACP specifically reflects a community desire for increased recreational facilities at this
location, and the flexibility to accommodate employee housing on -site for those additional jobs
created by the development represents good land use planning and should be encouraged. Staff
believes this zone district will promote the purpose and intent of this Title and will be in harmony
with the public interest.
Staff Comments 3
EXHIBIT B
26.28.250 Public (PUB).
A. Purpose. The purpose of the Public (PUB) zone district is to provide for the development
of governmental and quasi -governmental facilities for cultural, educational, civic and other
governmental purposes.
B. Permitted uses. The following uses are permitted as of right in the Public (PUB) zone
district.
1. Library;
2. Museum;
3. Post office;
4. Hospital;
5. Essential governmental and public utility uses, facilities, services and buildings
(excluding maintenance shops);
6. Public transportation stop;
7. Terminal building, and transportation related facilities;
8. Public surface and underground parking areas;
9. Fire station;
10. Public school;
11. Public park;
12. Arts, cultural and recreational activities, buildings and uses; and
13. Accessory buildings and uses.
C. Conditional uses. The following uses are permitted as conditional uses in the Public
(PUB) zone district, subject to the standards and procedures established in Chapter 26.60.
1. Maintenance shop; and
2. Affordable housing.
D. Dimensional requirements. The dimensional requirements which shall apply to all
permitted and conditional uses in the Public (PUB) zone district shall be set by the adoption of a
conceptual development plan and final development plan, pursuant to Chapter 26.84, Planned
Unit Development.
E. Off-street parking requirement. The following off-street parking spaces shall be
provided for each use in the Public (PUB) zone district, subject to the provisions of Chapter
26.32.
1. Lodge uses: N/A
2. Residential uses: Requires special review pursuant to Chapter 26.64.
3. All other uses: Requires special review pursuant to Chapter 26.64.
I Q O g
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Ralph Woodward, 05:03 PM 3/16/99 , Re: Iselin and Rotary Park
To: Ralph Woodward <rhw@sni.net>
From: Chris Bendon <chrisb@ci.aspen.co.us>
Subject: Re: Iselin and Rotary Park
Cc: bude, juliew, jeffw, amym
Bcc:
X-Attachments:
Dear Ralph:
As you may know, the Iselin property was recently annexed into the
City of Aspen and City Council has an obligation to provide the land
with a zoning classification. The Public Zone District provides for
the best "fit"
given the existing uses and the use being considered with the City
Parks master planning effort. The zoning, however, does not grant the
City any development rights or ability to bypass the land use approval
process. Any development on this property will proceed through a land
use process involving public hearings and the opportunity to comment
on the appropriatness of the proposed development and associated
impacts. In fact, the planning team for the Iselin property is
already aware that traffic and transit provision will be a issue of
significance during their review. If you have not already been in
contact with Jeff Woods, City Parks Director, about the master plan
for this property, I encourage you to contact him. His phone number
is 920.5120.
As far as the impacts from the Hines/Ski
neighborhood, I agree. There does appear
especially considering the limited parkin
Highlands Ski Area. Unfortunately, this
Pitkin County and there is not much I can
Planner. The best alternative is to conta
Engineer, or to speak directly to the Pit
enforcing the existing no parking signage
Thanks,
Chris Bendon
City Planning
Company development upon your
to be parking problems,
g available at the base of
area is entirely within
do for you as a City
ct Bud Eylar, County
kin County BOCC about
on the road.
At 11:58 AM 3/11/99 -0700, you wrote:
>Dear Chris Bendon,
> I am the owner of the property 25 Glen Garry Drive, and
personally I
>am adamantly
Printed for Chris Bendon <chrisb@ci.aspen.co.us> 1
>opposed to any rezoning changes, or any changes at Iselin Park,
Rotary
>Park, or at
>the Moore Pool. Less is better in my opinion. All of us owners in
the
>Aspen Highlands
>Subdivision are being adversely impacted by the Highlands
Redevelopment -
>there is
>substantially more traffic - including vehicles being parked along
Maroon
>Creek Road
>by skiers - it is a big inconvenience to me personally, these
vehicles are
>often parked
>on the paved road surface and it is a dangerous situation - with the
>vehicles so close to
>the paved surface and with people walking in the roadway - I
definitely do
>not approve.
>At first these vehicles were being ticketed and then that stopped -
what is
>going on?
>There seems to be no interest in correcting this bad situation. It
is the
>responsibility
>of Gerald Hines to provide adequate parking for Highlands customers -
he is
>not doing
>this and no one is holding him accountable. You government officials
are
>not doing
>a credible job of controlling this - you have either made the mistake
of
>not seeing this
>problem - or not enforcing whatever you may have required of Hines.
This
>is a mess
>in our area - our homes are being adversely impacted. Please correct
this
>impossible
>situation. Thanks, Ralph Woodward, 25 Glen Garry Drive
Printed for Chris Bendon Gchrisb@ci.aspen.co.us> 2
'=,qwppl- -
ASNEN ROTARY PARK
IT N �
. �
E
Attachment 8 •
County of Pitkin
ss.
State of Colorado
AFFIDAVIT OF NOTICE PURSUANT
TO ASPEN LAND USE REGULATIONS
SECTION 26.52.060(E)
I, CJV-r,-:� T-��:>6� , being or representing an
Applicant to the City of Aspen, personally certify that I have complied with the public notice
requirements pursuant to Section 26.52.060(E) of the Aspen Municipal Code in the following
manner:
1. By mailing of notice, a copy of which is attached hereto, by first-class postage prepaid U.S.
Mail to all owners of property within three hundred (300) feet of the subject property, as indicated
on the attached list, on the T day of 1991_ (which is days prior to the public
hearing date of
2. By posting a sign in a conspicuous place on the subject property (as it could be seen from
the nearest public way) and that the said sign was posted and visible continuously from the day
of & , 1991_, to the �ay of , 199a_. (Must be posted for at least
ten (10) full days before the hearing date). A photograph of the posted sign is attached hereto.
(Attach photograph here)
AW �W)
Signature
Signed before me this _. day of I&C,
1991. by
C*tAS '&,P�I>M
WITNESS MY HAND AND OFFICIAL SEAL
My Commission expires
M on expires: 12/26/2000
Notary Public
PUBLIC NOTICE
RE: ISELIN AND ROTARY PARK REZONING TO THE PUBLIC ZONE
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, March
22, 1999 at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council
Chamber, City Hall, Aspen, to consider an application submitted by the City of Aspen
requesting rezoning of the property to Public (PUB). The property is legally described as
a tract of land located in the SW 1 /4 of section 11 and the NW 1 /4 of section 14,
Township 10 South, Range 85 West of the 6th PM, Pitkin County, Colorado. This tract
of land is commonly referred to as "Iselin Park" and "Rotary Park," contains the "Moore
Pool," and is located on the west side of Maroon Creek Road near Glen Eagle Drive. For
further information, contact Chris Bendon at the Aspen/Pitkin Community Development
Department, 130 S. Galena St., Aspen, CO, (970) 920-5072, chrisb@ci.aspen.co.us.
s/John Bennett, Mayor
Aspen City Council
:%,IAROCN CREEK LLC
10 CLUB CIRCLE
ASPEN. CO 81611
ASPEN SCHOOL DISTRICT
0235 HIGH SCHOOL RD
ASPEN. CO 81611
LOTS 7 & 3 MAROON CREEK LLC
C.'O GARFIELD & HECHT ?C
001 E HYNIAN AVE
ASPEN. CO 81611
HART, RICH JAMES G
PO BOX 12285
ASPEN, CO 81612
LW DEVELOPMENT INC
OATES LEONARD M ESQ C/O
533 E HOPKINS AVE
ASPEN. CO 81611
BRADFORD DEBORAH
PO BOX 4856
ASPEN, CO 81612
FRAMPTON GEORGE T JR
C/O US DEPT OF THE INTERIOR
3215 NEWARK ST NW
WASHINGTON, DC 20008
NIOORE ALBERTA L PERS RES TRUST
WBOX 126
OODY CREEK CO 81656
MAROON CREEK LLC
PEARCE EQUITIES
10 CLUB CIRCLE
ASPEN. CO 81611
LOTS ' & 8 MAROON CREEK LLC
CIO GARFIELD & HECHT PC
601 E HYMAN AVE
ASPEN. CO 31611
DE BOER.NIARILYN S REVOCABLE TRUST
42 E CENTRAL AVE
ICHITA. KS
-IOSIER GERALD D
PO BOX 12354
ASPEN, CO 81612
HINES=iIGHLAINDS LIMITED
PARTNERSHIP
PO BOX 4970
ASPEN.:-0 81611
CARSON L KELLEY CHURCH OF JESUS CHRIST OF LATTER
PO BOX 8927 DAY STS
ASPEN, CO 81612 C O REAL. ESTATE DIVISION
50 E N TEMPLE
SALT LAKE CITY. UT 84150
BRADFORD DEBORAH
PO BOX 4856
ASPEN, CO 81612
LW DEVELOPMENT INC
OATES LEONARD M ESQ C,'O
533 E HOPKINS AVE
ASPEN, CO 81611
DOREMUS ANDREW J & JEANNE C
78.107%
85 GLEN GARRY DR
ASPEN, CO 81611
SLATER LAWRENCE J
1072 MAROON CRK RD
ASPEN, CO 81611
SCHENNUM EARL C JR WOODWARD RALPH H MCCREARY WILLIAM F & PHILLIS M
SCHENNUM CAROL M 105 WOODWARD LN 9750 .-�MANITA AVE
PO BOX 867 ASPEN, CO 81611 TUJUNGA. CA 91042
ASPEN, CO 81612
Saturduy-Sunduy, Much 6- 7, 1999 • The Aspen Tunes Z3"C
lion, environmental Impacts, wildlife hazards,
open space, neighborhood compatibility, com-
pallblllly with existing master plans, Intrastruc-
lure requirements, fiscal Impacts and nolse and
safety impacts from the airport.
1. On November 16, 1998, by Ordinance No. 9&
55, the BOCC enacted a moratorium on private-
ly-Initlated rezonings and code amendments
along the half -mile radius in unincorporated
Pilkin County along either side of the Highway
82 Corridor and along either side of the -Rio
Grande Right of Way from the City of Aspen Ilm-
Its north to the Eagle County line (In the mora-
torium this area was called the "Transportation
Corridors' The Ordinance adopting the mora-
torium listed several ongoing planning efforts
Including the revision of "all of the affordable
g zoning districts."
rsuant to the BOCC's direction, the
unity Development Department began
examining the zoning maps of Pitkin County and
preparing amendments to the affordable hous-
ing zone districts of the Pitkin County Land Use
Code to bring them into compliance with pre-
vailing land use policy and adopted master
plans.
K. On February 9, 1999 and March 2, 1999, the
Community Development Department present-
ed to the Pitkin County & Zoning Commission
several Code amendments affecting the afford-
able housing zone districts along with an entire-
ly new zone district called the Rural Cluster
Affordable Housing Overlay Planned Unit
Development district ("RC AHO/PUD"). In con-
nection with its Code amendments, the
Community Development Department reviewed
the zoning maps of Pitkin County and deter-
mined that the Wildcat Affordable Housing
Parcel was inappropriately zoned AH.
L. The Planning & Zoning Commission made Its
recommendation to the BOCC oil March 2, 1999.
ILL JUSTIFICATION FOR REZONING
A. The BOCC finds that the rezoning of the
Wildcat Affordable Housing Parcel comports
with the Pitkin County land Use Code, section 3-
220-020, Rezoning:
development resulting from the rezoning
e AH zone district to the RS-20 PUD zone
will not conflict with any applicable sec-
tions of
the Land Use Code;
2. The rezoning from the AH zone district to the
RS-20 PUD zone district Is consistent with Pllkln
County master plans;
3. The rezoning from the AH zone district to the
RS-20 PUD zone district is compatible with sur-
rounding Zone Districts and land uses, consid-
ering existing land use and neighborhood char-
acteristics;
4. The rezoning from the AH zone district to the
RS-20 PUD zone district will not result In
demands on public facilities, and will not 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;
S. The rezoning from the AH zone district to the
RS-20 PUD zone district will not result in signifi-
cant adverse Impacts on the natural environ-
ment;
6. The rezoning from the AH zone district to the
RS-20 PUD zone district is consistent and com-
'patible.with the community char4cter; and
7. The rezoning from the AH zone district to the
RS-20 PUD zone district Is not in conflict with the
public Interest.
.8. There have been changed conditions affect-
Ing the Wildcat Affordable Housing Parcel and
the surroundb:g ueighborh;,ad which support
the rezoning from the AH zone district to the RS-
20 PUD zone district:
"a. Subsequent to the zoning of the Wildcat
Affordable Housing Parcel to the AH zone dis-
•Irlct, the AH zoning on the
.Wildcat Affordable Housing Parcel became
inconsistent with County 'masters plans (the
CitizenHousing Plan, the AACP and the DVCP);
b. In November of 1998, the BOCC enacted a
moratorium on privately-Initlated rezonings and
code amendments in the area surrounding and
Including the Wildcat Affordable Housing Parcel
In part to allow for the amendment of the affor{I-
able housing zone
districts; and
c. The Community Development Department
has prepared amendments to the*Pltkin County
Land Use Code relating to the affordable hous-
Ing zone districts which make the AH zone des-
Ignatlon of the Wildcat Affordable Housing
Parcel
Inappropriate.
9. The rezoning of the Wildcat Affordable
Housing Parcel from the AH zone district to the
RS-20 PUD zone will not result in significant traf-
fic generation, nor will It impact road safety. In
fact, such rezoning will reduce the potential
traffic generation and potential road safety
is s as compared to development
t he RS-20 PUD zone.
e existing AH zoning on the Wildcat
able HousingParcel Is Inconsistent with
County master plans, whereas the RS-20 PUD
zone district is consistent with such plans:
I. The DVCP did not contemplate, nor does It
support, medium to high density development
on the Wildcat Affordable Housing Parcel. AH
zoning creates a possibility of development
with densities entirely too high to be supported
by the DVCP. Further, the goals and objectives of
the DVCP were to discourage high densities In
non -urban areas, and generally would not sup-
port the type of sprawl development that would
occur with development pursuant to the AH
zone district In these rural to semi -rural areas.
RS-20 PUD zoning is compatible with the rural
densities envisioned by the DVCP.
2. The Woody Creek Caucus, Master Plan
("WCCMP") recommends that "no additional
high density or high rate housing developments
be permitted" In Woody Creek. The All zoning in
Woody Creek is Incompatible with the
WCCMP whereas the RS-20 PUD zoning Is com-
patible with the WCCMP.
3. The AACP called for the development of
small scale, dispersed affordable housing pro-
jects and only 200 units to be built between
R Creek Road and Aspen Village. The poten-
sities of the AH zone on the
t wi t Affordable Housing Parcel are incoaWlim-
he AACP. RS-20 PUD'8 zonin Is com-
patible with the AACP's vision of higher density
development occurring within the metro area.
4. The Citizen Housing Plan also does not sup-
port All zoning oil the Wildcat Affordable
Housing Parcel. The Citizen Housing Plan cre-
ates a preference for affordable housing within
the metro areas and employment centers and
adjacent, available public mass transit. The
Wildcat Affordable Housing Parcel does not
meet either of these criteria. The Citizen
Housing Plan also contains the philosophy and
criteria that affordable housing only be permit-
ted in locations where the development of such
housing is containable and will not promote
additional development or sprawl. Development
pursuant to the AH zoning on the Wildcat
Affordable Housing Parcel would lead to uncon-
tafnable development and promote sprawl. AH
development would. In fact, be sprawl itself. AH
development would also be violative of the
philosophies regarding: the logical provision of
public facilities and urban services; the preven-
tion of affordable housing development where It
would fundamentally change the character of
the neighborhood or area; the development
should not be aututtepeodent; the visible com-
patibility of such development; the optimal den-
sity of the sites given their location and carrying
capacity; and the fiscal Impact of such develop-
ment where other sites closer to Aspen would
result In a far lesser impact.
5. The rezoning to RS-20 PUD is also compatible
with the surrounding zone districts and land
uses, considering existing land uses and neigh-
borhood characteristics. There will actually be a
reduction in the demand on public facilities as
compared to the demand for public facilities
with development at potential densities under
the AH zone. The rezoning will also not result in
significant adverse impacts to the natural envi-
ronment, will be consistent and compatible with
the community character and will not conflict
with the public' interest.
C. The rezoning of the Wildcat Affordable
Housing Parcel will substantially advance legiti-
mate government purposes as set forth herein.
D. There is no vested right, neither common
law nor statutory, to the continuation of the AH
zone district designation of the Wildcat
Affordable Housing Parcel.
E. The rezoning to the RS-20 PUD zone district
will provide the Wildcat Affordable Housing
Parcel with an economically viable, beneficial
and productive use.
Emergency Rezoning
A. There is an emergency that warrants the
Immediate rezoning of the Wildcat Affordable
Housing Parcel, to wit:
I. Conditions have changed substantially since
the AH zoning of the Wildcat Affordable Housing
Parcel;
2. Development under the AH zone district
would result In Inappropriate development of
the Wildcat Affordable Housing Parcel consider-
ing the potential density of the development, the
character of the area, the unavailability of pub-
lic facilities and urban services to serve any
development, and the surrounding neighbor-
hood;
3. Changing conditions and development pres-
sures place the Wildcat Affordable Housing
Parcel at Immediate risk for Inappropriate, unco-
ordinated and unplanned development; and
4. Development under the existing AH zoning
would violate Pitkin County master plans, land
use policies and regulations. An Immediate
rezoning is necessary to eliminate the threat of
such Inappropriate development.
B. The rezoning of the Wildcat Affordable
Housing Parcel to RS-20 PUD is necessary for the
Immediate preservation and protection of the
public health, safety and welfare of the citizens
of Pitkin County.
NOW THEREFORE, be It ordained by the Board
of County Commissioners of Pilkin County,
Colorado, that It does hereby rezone the Wildcat
Affordable Housing Parcel (as described In
Attachment "A) from the AH zone district (sec-
tion 3.40-70, Pitkin County land Use Code) to
the RS-20 PUD zone district (section 340-110,
Pitkin County Land Use Code) subject to the fa
lowing provisions:
1. The Board of County Commissioners incor-
porates the above recitals as the justification for
this Ordinance and rezoning.
2. This Ordinance and rezoning is effective
immediately upon final adoption pursuant to
C.R.S. §311-11W05 as It is necessary for the Imnme.
diate preservation of the public health and safe-
ty of the citizens of Pitkin County, the circum-
stances of the emergency having been set forth
In this Ordinance.
Copies of the entire Ordinance are available for
public Inspection at the Clerk and Recorder's
Office, Jeanette Jones, at 530 East Main Street,
Aspen, Colorado 81611, during regular business
hours.
EXHIBIT "A"
WILDCAT AFFORDABLE HOUSING PARCEL
OWNED BY Pf7KIN COUNTY
A tract of land situate in Section 8, Township 9
South, Range 8S West of the 6th P.M., being more
particularly described as follows:
Beginning at a point whence the SE comer of
said Section 8 bears S 61'30'59" E 1738.77 feet;
thence S 70'08'00" W 375.59 feet; thence N 3
1'08'10" W 941.69 feet;
thence S 70' 10'35" W 561.03 feet; thence S
24'34'54" W 373.44 feet;
thence S 63*25*22" W 573.97 feet; thence N
32'02'17" W 327.79 feet;
thence N 09'25'23" E 354.98 feet; thence N
59'44'29" E 276.50 feet;
thence N 20'2 N20'21'21"21 " W 369.31 feet to
the southerly right-0I-way line of a road as built
and In place; thence along said rightof way litre
the following courses:
55.52 feet along the arc of a 320.00 loot radius
curve to the right having a central angle of
09'56'26" and subtending a chord bearing N
82'07'22" E 55.45 feet; thence N 87'05'35" E
112.07 feet; thence 124.71 feet along the arc of an
830.00 foot radius curve to the left having a cen-
tral angel of 08'36'32" and sublendhtg a chord
bearing N 82'47'19" E 124.59 feet; thence N
78'29'03" E 251.90 feet; thence 91.58 feet along
the arc of a 340.00 foot radius curve to the right
having a central angle of 15'25'58" and subtend-
Ing a chord bearing N 86'12'02" E 91.30 feet;
thence S 86*04*59" E 105.79 feet; thence 112.86
feet along the arc ota 245.00loot radius curve to
the left having a central angle of 26'23'36" and
subtending a chord bearing N 80'43'13" E 111.86
feet; thence N 6703 67'31'25" E 349.86 feet;
thence 190.74 feet along the arc of a 345.00 foot
radius curve to the left having a central angle of
31'40'36" and subtending a chord bearing N
51'41'07" E 188.32 feet; thence N 35'50'49" E
141.88 feet; thence 48.50 feet along the arc of a
55.00 foot radius curve to the right having a'cen.
tral angle of 50"31'32" and subtending a chord
bearing N 61'06'35" E 46.94 feet; thence N
86'22'21" E 9.78 feet; thence leaving said right-of-
way line S 21'4 I' 17" E 1603.79 feet to the point of
beginning, containing 38.160 acres more or less.
Published In The Aspen Times on March 6, 1999.
NOTICE OF PUBLIC TRUSTEE'S SALE
Sale No. 99.4
TO WHOM IT MAY CONCERN:
This Notice Is given with regard to the Deed of
Trust described as follows:
Original Grantor (Borrower): SCOTT PICARD
Original Beneficiary: MTV DEVELOPMENT CDR
PORATION, a Colorado corporation
Current Owner of the Evidence of
Debt Secured by the Deed of Trust: MTV
DEVELOPMENT CORPORATION, a Colorado
corporation
Date of Deed of Trust: December 18, 1997
Date of Deed of Trust
Modification Agreement: December 16. 1997
County of Recording: Pitkin County, Colorado
Recording Date of Deed of
Trust and Deed of Trust
Modification Agreement: December 19, 1997
Recording Information for Deed of Trust: Rxcep
tion No. 411752
Recording Information for Deed of Trust Modill
cation Agreement: Reception No. 411753
YOU ARE HEREBY NOTIFIED that the current
owner of the original evidence of debt secured
by the Deed of Trust described above, as modi-
fied by the Deed of Trust Modification
Agreement described above, has filed written
,election arid demand for sale as provided In said
Deed of Trust. The original principal amount of
the evidence of debt was Two Hundred Forty -
Nine Thousand Nine Hundred Forty -Two and
no/100ths Dollars (t249,942.00), and as of
January 26, 1999, the outstanding principal bal-
ance due and owing on the evidence of debt Is
$208.285.00.
NOTE: THE DEED OF TRUST BEING FORE-
CLOSED MAY NOT BE A FIRST LIEN.
The real property to be foreclosed, which Is all
of the property currently encumbered by the
Deed of Trust, Is located In Pitkin County,
Colorado, and Is described as follows:
Lot 27. Horse Ranch, according to the Plat there-
of recorded August 27, 1991 In Plat Book 27 at
Page 27 as Reception No. 335915,
also known as: 19 Spur Ridge Lane, Snowmass
Village, Colorado 81615.
THEREFORE, NOTICE IS HEREBY GIVEN that I
will, at 10:00 o'clock A.M. , on the date of March
17. 1999, in the Office of the Public Trustee, 506
E. Main Street, Suite 201. Aspen, CO 81611, sell at
public auction to the highest and best bidder for
cash, the real property described above, and all
Interest of said Grantor, the heirs and assigns of
said Grantor, for the purpose of paying the
Indebtedness provided in said note and deed of
trust, attorney fees, and the expenses of sale,
and will deliver to the purchaser a certificate of
purchase, all as provided by law.
Date: January 27 , 1999
First Publication Date: February 6, 1999
Last Publication Dale: March 6, 1999
THOMAS CARL OKEN, Public Trustee
By: Judy James, Deputy Public Trustee
Published In The Aspen Times February 6, 13,
20, 27, March 6,1999. (34416)
PUBLIC NOTICE
NOTICE OF PUBLIC TRUSTEE SALE:
No. 99-5
This Notice Of Public Trustee Sale Is given with
respect to the following Deed of Trust:
Original Grantor, WJ, High and Trisha High
Original Beneficiary: Colorado Federal Savings
Bank
Date of Deed of Trust: December 23, 1994
Recording Date of Deed of Trust: January 5, 1995
Recording Info.; Book 771, Page 158, Film N/A,
Reception 377813
County of Recording: Pitkin
Original Principal Amount: $142,500.00
Current Unpaid Principal: $140,009.75
Property foreclosed Is all of the properly encum-
bered by Deed of Trust:
LOT 15, BLOCK 2, CRYSTAL RIVER COUNTRY
ESTATES, ACCORDING TO THE PLAT FILED IN
THE PLAT BOOK 3 AT PAGE 312.
Purported Common Address: 0483 Crystal
Circle, Carbondale, Colorado
THE LIEN FORECLOSED MAY NOT BE A FIRST
LIEN.
WHEREAS, Bankers Trust Company of
California, N.A., as custodian or trustee under
the applicable custody or trust agreement;
Advanta as master servicer, the legal holder of
the Note secured by the above -described Deed
of Trust has filed written Election and Demand
for Sale as provided in said Deed of Trust.
THEREFORE, notice Is hereby given that I will,
at 10:00 a.m. on April 7, 1999, at the front steps
of the court house, 506 E. Main Street, Aspen,
Culurado, self at public auction to tine highest
and best bidder for cash, the said real property
and all Interest of the said Grantor(s), their
heirs, their successors, and their assigns, for the
purpose of paying the indebtedness provided in
said Note and Deed of Trust, attorney's fee, and
the expense of sale and will deliver to the pur-
chasers a Certificate of Purchase, all as provid-
ed by law.
Date: February 18, 1999
Thomas Carl Often.
Public Trustee of Pitkin County
By Carol L. Foote, Deputy Public Trustee
First Publication: February 27, 1999
Last Publication: March 27, 1999
Publisher: The Aspen Times
PURSUANT TO THE FAIR DEBT COLLECTION
PRACTICES ACT YOU ARE ADVISED THAT MEIN -
HOLD, STAWIARSKI, SHAPIRO. & CODILIS, LLP IS
DEEMED A DEBT COLLECTOR ATTEMPTING TO
COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE.
Mefnhold, Stawlarsld, Shapiro, & Codilis, LLP
Lynn M. Janeway, 15592
Hayley L Belt, 28540
Attorney File N06-99-0097 Client #1521483
9200 East Mineral Avenue, Suite 380
Englewood, Colorado 80112
(303) 799-OW
Published In The Aspen Times February 27,
March 6. 13, 20, 27, 1999. (35408)
PUBLIC NOTICE
ORDINANCE N0. 3
(SERIFS OF 1999)
AN ORDINANCE OF THE CITY COUNCIL, OF
THE CITY OF ASPEN, COLORADO, TO REZONE
ISELIN AND ROTARY PARKS TO THE
PUBLIC (PUB) ZONE DISTRICT.
WHEREAS, a parcel of land located west of the
public school campus on Maroon Creek Road,
commonly referred to as "Iselin and Rotary
Parks," the property, was annexed into the City
of Aspen on January 11, 1999, pursuant to
Ordinance No. 53, Series of 1998; and,
WHEREAS, the property Is approximately
21.2691 acres, parcel number 2735-142400851,
and Is legally described in Attachment A of this
Ordinance; and,
WHEREAS, the City Council of the (fly of Aspen
must designate a zone district for the properly
within 90 days of the annexation; and,
WHEREAS, the City Council may approve
Amendments to the Official Zone District Map
(Rezoning) alter taking and considering recom-
mendations from the Community Development
Director, the Planning and Zoning Commission
made at a duly noticed public hearing, and tak-
ing and considering public testimony at a duly
noticed public hearing In conformance with the
review criteria set forth In Section 26,92; and,
WHEREAS, the Community Development
Department analyzed the parcel of land and rec-
ommended the property be Included In the
Public (PUB) Zone District; and,
WHEREAS, during a duly noticed public hearing
on March 2, 1999, the Planning and Zoning
Commission took and considered public testi-
mony and recommended, by a _ to _ vote,
City Council Include this property In the Public
(PUB) Zone District; arid,
WHEREAS, City Council reviewed and consid-
ered the recommendations of the Community
Development Director and the Planning and
Zoning Commission during a duly noticed public
hearing; and,
WHEREAS, the City Council finds that the
Public (PUB) Zone District is the most appropri-
ate zoning classification for this property, meets
or exceeds all applicable standards, and is coo-
sistenl with the goals and elements of the Aspen
Area Community Plan; and,
WHEREAS, the City Council finds that this
Ordinance furthers and is necessary for the pro-
motion of public health, safety, and welfare
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF ASPEN, COI,
ORADO, THAT:
Section I:
The Official Zone District Map of the City of
Aspen shall be amended by the Community
Development Director to reflect Iselin and
Rotary Parks, as described in Attachment A. as
Included In the Public (PUB) Zune District. The
Community Development Director shall use the
annexation plat as the basis for determining
this zoning boundary.
Section 2:
This Ordinance shall not effect any existing liti-
gation and shall not operate as an abatement of
any action or proceeding now pending under or
by virtue of the ordinances repealed or amend-
ed as herein provided, and the same shall be
conducted and concluded under such prior
ordinances.
Section 3:
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 Inde-
pendent provision and shall not affect the valid-
Ity of the remaining portions thereof.
Section 4:
That the City Clerk is directed, upon the adop-
tion of this Ordinance, to record among the real
estate records of the Pitkin County Clerk and
Recorder a copy of this Ordinance.
Section 5:
A public hearing on the Ordinance shall be held
on the 22nd day of March, 1999, at 5:00 In the
City Council Chambers, Aspen City Hall, Aspen
Colorado, fifteen (15) days prior to which hear-
ing a public notice of the same was published in
a newspaper of general circulation within the
City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED
as provided by law,
by the City Council of the City of Aspen on the
811% day of March, 1999.
Attest:
Kathryn S. Koch, City Clerk
John Bennett
Mayor
FINALLY, adopted, passed and approved this
_day of _., 1999.
Attest:
Kathryn S. Koch, City Clerk
John Bennett
Mayor
Approved as to form:
City Attorney
Attachment A — Legal description of property
Published in The Aspen Times March 6, 1999.
yp. PUBLIC NOTICE
v ORDINANCE N0. 4
(SERIES OF 1999)
AN ORDINANCE OF THE CITY COUNCIL, OF
THE CITY OF ASPEN, COLORADO, AMENDING
AN EXISTING AGREEMENT WITH THE PORATH
FAMILY TRUST FOR PROVISION OF
TREATED WATER SERVICE.
WHEREAS, Ordinance No. 27, Series of 1998,
(the Ordinance) provided treated water service
to properties located In Pitkin County along
North Spruce Street Including a parcel of land
owned by the Purath Family Trust; and,
WHEREAS, the Ordinance conditioned the pro-
vision of water upon submission and approval of
the Porath Family Trust development plans pur-
suant to the City of Aspen 8040 Greenhne
Review and Residential Design Standards; and,
WHEREAS, the Ordinance further conditioned
any development of the Porath family Trust par-
cel upon annexation Into the City of Aspen for
the purpose of ensuring the development would
be compatible with the development standards
of the City's low Density Residential (R-30) Zone
District; and,
WHEREAS, the Porath Family Trust has agreed
to development their property In conformance
with the City's R-30 Zone District, as specified in
the conditions contained herein, and has agreed
to not contest annexation it and when the City of
Aspen Initiates the annexation of their property;
and,
WHEREAS, the Community Development
Department analyzed the parcel of land and rec-
ommended the conditions of approval con-
tained herein to ensure conformance with City
development standards and compliance with
the land use code provisions of 8040 Greenline
Review and Residential Design Standards; and,
WHEREAS, the City Council finds that the spirit
and Intent of Ordinance 27, Series of 1998, is fur-
thered by the adoption of this Ordinance and
that the extension of treated water to the Porath
Family Trust property is in the best interests of
the City; and,
WHEREAS, the City Council finds that this
Ordinance furthers and Is necessary for the pro-
motion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINFJ) BY THE
CITY COUNCIL OF THE CITY OF ASPEN, C04
ORADO, TI HAT:
Section 1:
Ordinance 27, Series of 1998. is hereby amended
to allow the Porath Family Trust parcel to be
developed and served with municipal water
while located in Pitkin County with the following
conditions:
1. The Porath Family Trust property shall be
developed In conformance with the City of
Aspen's R-30 Zone District regulations. The City
of Aspen Zoning Officer shall review the building
plans for compliance with all aspects of the
City's R-30 Zone District, using the same inclu-
sions and exclusions for Lot Area and Floor
Area, as defined in the City of Aspen Laid Use
Code, applicable to all lands In the City, except
as provided for herein.
2. The architectural development plans submit-
ted to the City Planning Department, dated
February 24, 1999. shall not require a variance
from the City's Residential Design Standards.
Amendments to the architectural plans are sub-
ject to all aspects of the City of Aspen
Residential Design Standards, as amended.
3. Highly reflective materials shall not be used
on the exterior of the structure, including the
roof.
4. Any disturbance to the natural terrain anti
areas of cut and fill shall be revegetated after
construction with native species. Any areas too
steep for adequate revegetation shall mcorpo-
rate retaining walls which are of shoilar color to
the natural soils and vegetation to visually blend
Into the mountainside.
5. The existing vegetation Outside the deslgual-
ed building envelope shall be preserved and
maintained in its natural state to the extent
practical. Disturbance assucialml with, anti inci-
dental to, pedestrian and vehicular access to the
property is approved.
6. Exterior lighting shall be down -directional,
sharp cut-off, and in no case shall outdoor flood
lights be used.
7. The Porath Family Trust is encouraged to
either apply for and construct an Accessory
Dwelling Unit (ADII) (in the property at this time
or leave enough available fluor area for tie
future construction of an AUU.
8. All aspects of the Pitkin County 1041 Review,
as amended, shall remain In effect and shall be
reviewed for compliance by the Pitkin County
Community Development Department.
Section 2:
Except as specifically amended herein, all
aspects of Ordinance 27, Series of 1999. shall
remain in eilect.
Section 3:
The City of Aspen may initiate annexation of the
Porath Family 'trust parcel at it own discretion
and the Porath Family Trust hereby agrees to
not contest annexation if the City of aspen initi-
ates annexation.
Section 4:
This Ordinance shall not effect any existing [fit -
gallon and shall not operate as an abatement of
any action or proceeding now pending under or
by virtue of the ordinances repealed or amend-
ed 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 Inde-
pendent provision and shall not affect the valid-
ity of the remaining portions thereof.
Section 6:
That the City Clerk is directed, upon the adop-
tion of this Ordinance, to record among the real
estate records of the Pitkin County Clerk and
Recorder a copy of this Ordinance.
Section 7:
A public hearing on the Ordinance shall be held
on the 22nd day of March, 1999, at 5:00 In the
City Council Chambers, Aspen City Hall, Aspen
Colorado, fifteen (15) days prior to which hear-
Ing a public notice of the same was published in
a newspaper of general circulation within the
City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED
as provided by law,
by the City Council of the City of Aspen on the
8th day of March, 1999.
Attest:
Kathryn S. Koch, City Clerk
John Bennett
Mayor
FINALLY, adopted, passed and approved this
_day of _, 1999.
Attest:
Kathryn S. Koch, City Clerk
John Bennett
Mayor
Approved as to loon:
City Attorney
Published fit The Aspen Times March 6, 1999.
PUBLIC NOTICE
PROPERTY AND LIABILITY INSURANCE
REQUEST FOR PROPOSAL NO.213
Colorado Mountain College (CMC) requests pro-
posals from qualified firms and/or Individuals
to place Its property and liability insurance pro -
ram. Scaled proposals will be received by
ulorado Mountain College Purchasing
Department, Attn: Danielle Hinz, 931 Grand
Avenue, P 0 Box 10001, Glenwood Spits CO
81602, until 3.00 p.m., April 9.1999. Any firm
desiring to be considered must obtain a aw-*t
for Proposal (RFP) document bZ_, 17 eicting:
Colorado Mountain College Ara' f7aMelie Hinz,
PO Box 10001. 831 and Ave,
Glenwood
Springs, CO, 8 I&v. P ( )
x8402. fax (I7o )947-8324, 'mail: dhinz®cul-
oradotnln du. Colorado Mountain College does
not obligate Itself iu accept the luwesi, ur any
other proposal, and reserves sole discretion to
reject any or all proposals.
Published in The Aspen Times February 27,
March 6, 13, 20, 27, 1999. (35405)
PUBLIC NOTICE
CITY OF ASPEN
PARKS DEPARTMENT
REQUEST FOR PROPOSALS
The City of Aspen, Colorado is accepting
Proposals from Design/Build Sltework contrac-
tors for Improvements to the Community
Campus which Includes: Iselin Park, the Moore
Playing Fields, Rotary Park and Improvements
to the Aspen School District athletic facilities
and campus. The work Involves the design
refinement of the parks and facilities as outlined
in the current Master Plan, accurate construc-
tion cost estimates and project scheduling,
preparing construction documents and specifb
cations, construction activities Involving earth -
moving, drainage, construction of athletic fields,
pedestrian bridges and adjacent parking areas,
Installation of trees and shrubs, restoration of
native grass/shrub areas, building multi -use
trails and creation of wetland areas. The work
will take place in phases between May 1999 to
the fall of 2001. The estimated amount of the
design/build contract is $3,500,000.00 (Three
Million Five Hundred Dollars). The only Pbase
which currently has funding is the Moore
Playing Fields for $'3,50,000. The city Is seeking
the remainder of the funding for this project as
part of a General Obligation Bond which will be
voted on by Aspen Residents in May 1999.
Complete limp sit] packages may be picked up
alter Friday February 26, 1999 at the City of
Aspen Parks Department, 585 Cemetery Ln.,.
Aspen, CO 81611 or call (970) 920-5120.
Sealed proposals should be labeled
"Community Campus RFP" and mailed to: City of
Aspen Parks Department, 130 S. Galena St.,
Aspen, CO 81611 Proposals will be accepted
until Wednesday, March 24, 1999, 2:00 PM., MST.
A mandatory pre -proposal meeting is scheduled
for Tuesday, March 16, 1999, 1:00 P.M..
The City of Aspen uses a Two Part Design/Build
Agreement consisting of two separate agree-
ments (Part I and Part?) and General Conditions
related to each part. Part I Agreement covers
design development and budgeting. Part 2
agreement covers final design and construction
This proposal seeks a design/build team to
accomplish both parts of the contract. However,
the team is only proposing for Part I with this
RFP Upon completion of Part I by the successful
team the City will negotiate with the team for the
Part 2 of this contract.
Tile selected design/build contractor will
demonstrate experience in mountain construc-
tion and a high percentage of in-house perfor-
mance. In addition, significant experience in
designing and building high quality athletic
fields is required. The expertise of the
design/build team should include, but not limit-
ed to, landscape architecture, civil engineering,
design of natural areas, cost estimation, project
management :Jong with the capability and expe-
rience to construct the design. The City will
select the design/Imild contractor from the qual-
ifications snbulittals received and negotiate
with that contractor. The City reserves pie right
to reject any and all proposals for any reason
whatsoever and restructuring proposals if mutu-
ally agreeable. The contact person for the
request for proposals Is, Jeff Woods, Parks
Director, (970) 920-5120.
BY THE ORDER OF THE CITY OF ASPEN COL-
ORAIX)
Jeff Wouds
Parks Director
Ptiblisbed to The Aspen Times March 6, 13, 1999.
fo11"
0TV
MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Julie Ann Woods, Community Development Director
Mitch Haas, Interim Deputy Director
FROM: Christopher Bendon, Planner
RE: Iselin Park Rezoning -- Public Hearing
DATE: March 2, 1999
SUMMARY:
The City of Aspen has recently annexed a 2 1 + acre tract of land known as "Iselin"
and "Rotary" Parks. As part of the annexation process, the City has an obligation to
zone the property within 90 days of the annexation. In Pitkin County, the property
straddled two zone districts. The northern half of the land was zoned AFR-2 and the
southern half AFR-10. Both of these zone districts include single-family residential
uses and general outdoor recreational uses.
The parcel is owned by the City and managed by the Parks and Recreation
Departments. The parcel is currently being planned for expanded municipal
recreational facilities including an ice rink, ball fields, a redesigned pool, and possibly
a few affordable housing units. Representatives from the Parks and Recreation
Departments will be in attendance at the meeting and will be presenting conceptual
plans during a work session at the conclusion of the Commission's public hearing
agenda.
The Community Development Department is recommending the parcel be zoned
Public (PUB). This City zone district allows for the current use of the property but
removes the provision for a single family home. The Public Zone District provides
for affordable housing as a conditional use — a use not allowed in the Park Zone
District — and establishes all dimensional requirements of the site through the PUD
process.
Staff recommends the Planning and Zoning Commission forward a
recommendation of approval to City Council for this property to be included in
the Public Zone District.
APPLICANT:
Community Development Department, City of Aspen.
LOCATION:
450 Maroon Creek Road (Moore Pool). Located west of the School Campus.
•
•
ZONING:
Pitkin County Zoning: AFR-2 for the northern portion. AFR-10 for the southern
portion.
Proposed City Zoning: Public (PUB) Zone. A copy of the proposed zoning is
attached as Exhibit B.
LOT SIZE:
21.269 acres.
CURRENT LAND USE:
Active and passive open space and recreation. Municipal pool and tennis courts.
PROPOSED LAND USE:
The City Parks and Recreation Departments are considering a redevelopment of this
parcel to accommodate an indoor public ice rink, pool, ball fields, and affordable
housing. A more detailed presentation of the conceptual development plans will be
made during a work session. A PUD application requesting formal approval of the
development plans will be submitted in the Spring.
PREVIOUS ACTION:
The Commission has not previously considered this rezoning request. An informal
presentation of the conceptual development plan was made to the Commission in the
Fall of 1998.
REVIEW PROCEDURE:
Rezoning. The Planning and Zoning Commission shall consider the application at a
public hearing and recommend approval, approval with conditions, or denial to City
Council.
BACKGROUND:
The subject property was annexed into the City of Aspen on January 11, 1999.
According to State statute, the City must zone the property within 90 days of the final
annexation. The property was zoned AFR-2 and AFR-10 in Pitkin County., These are
low -density residential zones.
STAFF COMMENTS:
The City Planning Department is recommending the Public Zone District because it
represents the best possible "fit" with the uses being considered in the Iselin Park
Master Plan. The Public Zone District allows for public recreational facilities and for
the provision of affordable housing on -site -- a use not allowed in the Park Zone.
Representatives of the City Parks and Recreation Departments have been invited to
present a conceptual development plan to the Commission during a work session
following the public hearing for the rezoning. The purpose of this work session is to
2
•
0
provide direction to the development team for their preparation of a land use
application.
Review criteria and Staff Findings have been included as Exhibit A. A copy of the
Public Zone District requirements has been provided as Exhibit B.
RECOMMENDATION:
Staff recommends the Planning and Zoning Commission forward to City Council a
recommendation of approval to rezone Iselin and Rotary Parks to the Public (PUB)
Zone District, with no conditions.
RECOMMENDED MOTION:
"I move to recommend City Council rezone this property, Iselin and Rotary Park, to
the Public Zone District."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Comments
Exhibit B -- Public (PUB) Zone District provisions
Exhibit C -- Vicinity Map
Exhibit D -- Proposed P&Z Resolution
3
EXHIBIT Q
STAFF COMMENTS: Iselin Rezoning
Section 26.92.020, Standards Applicable to Rezoning
In reviewing an amendment to the official zone district map, the City Council and the
Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this title.
Staff Finding:
The proposed zoning is consistent with the Land Use Code and does not represent any potential
conflicts. The Public zoning requires all development on the site to proceed through the PUD
process in order to determine the appropriate dimensional requirements, parking, general impacts,
and intensity of uses. Therefore, before an development occurs, the Planning and Zoning
Commission will have the opportunity to review the proposal under a PUD process.
B. Whether the proposed amendment is consistent with all elements of the Aspen Area
Comprehensive Plan.
Staff Finding:
The 1993 AACP did identify the Iselin and Rotary Park parcel with the following suggested
action:
Expand Iselin Park for organized recreational activities, and incorporate the Rotary
Club proposal for a passive park and semi -active park.
The Public Zone District is appropriate for these types of proposed uses. This zone also allows
for the provision of affordable housing as a conditional use, which may be a desirable element of
the final program.
C. Whether the proposed amendment is compatible with surrounding zone districts and land
uses, considering existing land use and neighborhood characteristics.
Staff Finding:
Surrounding the site is the public school campus, medium -density residential, and Maroon Creek.
There is a proposed bridge linking the parks with the base area of Tiehack. The Public Zone
allows for uses compatible with the surrounding area. The subsequent PUD process will
determine the intensity of those uses allowed and any mitigation measures to offset adverse
impacts to the surrounding area.
D. The effect of the proposed amendment on traffic generation and road safety.
Staff Finding:
The Public Zone District allows for affordable housing as well as uses similar to those allowed in
the Park Zone District. The level of development and its level of traffic generation and impacts
on road safety will be evaluated through the PUD process. Traffic, transit, pedestrian facilities,
and overall road safety have been issues raised by the Commission in work sessions with the
Staff Comments 1
Parks Department. These issues will remain important elements in the planning process. The
existing and potential level of traffic in the area must combine with the high level of existing and
potential pedestrian movements in a safe manner, especially considering the age of the
pedestrians and peaks in level of activity. The difference between the Public and Park Zone
Districts would have no bearing on this transportation issue — both allow the same uses and
intensities, and both are reviewed through the PUD process. Transportation issues, the
acceptable level of trip generation, and the most appropriate and safe design will be determined
and required through the PUD process. The project team does include a traffic consultant who
will address transportation in detail.
The development program for the parcel is in the conceptual stages. The applicant realizes that
safe transportation is a primary design parameter and has made specific accommodations in
designing the site. This zoning does not allow development as of right to occur without full
review as a PUD, and the Parks Department has been very cooperative in accommodating the
concerns of staff and the Commission in programming the site. Staff believes the Public Zone
District is the most appropriate for this parcel and that the PUD process requirement allows for
sufficient review of the final proposal.
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 facilities, including, but not limited to, transportation
facilities, sewage facilities, water supply, parks, drainage, schools, and emergency
medical facilities.
Staff Finding:
The zone district designation will not, itself, have an effect on the provision of public facilities.
Again, this topic is a criterion of PUD and of GMQS. Applicants are required to provide letters
of intent for services which the development affects, and upgrades to the system or other
appropriate mitigation measures are typically required if found to be necessary.
F. Whether and the extent to which the proposed amendment would result in significant
adverse impacts on the natural environment.
Staff Finding:
The natural features of the site are being considered with the master planning effort. The river
corridor, recreational connections, transit, and use schedules with the surrounding parcels are all
being considered to reduce the level of impact the development may have on the natural
environment. The Public zoning designation will not adversely affect the natural environment.
G. Whether the proposed amendment is consistent and compatible with the community
character in the City of Aspen.
Staff Finding:
The Parks Department has been working with the surrounding property owners to achieve a
reasonable compatibility with the neighborhood. This process will continue. Staff believes the
master planning effort is consistent with the AACP and that the Public zoning is compatible with
the City character.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
Staff Comments 2
0
Staff Finding:
Annexation of the property into the City of Aspen is a condition, which requires this process.
The Public Zone District allows for the current use of the property and allows for the uses being
considered in the master planning effort.
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:
This proposed Public Zone District does not pose any conflicts with the public interest. The
AACP specifically reflects a community desire for increased recreational facilities at this
location, and the flexibility to accommodate employee housing on -site for those additional jobs
created by the development represents good land use planning and should be encouraged. Staff
believes this zone district will promote the purpose and intent of this Title and will be in harmony
with the public interest.
Staff Comments 3
0
26.28.250 Public (PUB).
EXHIBIT B
A. Purpose. The purpose of the Public (PUB) zone district is to provide for the development
of governmental and quasi -governmental facilities for cultural, educational, civic and other
governmental purposes.
B. Permitted uses. The following uses are permitted as of right in the Public (PUB) zone
district.
1. Library;
2. Museum;
3. Post office;
4. Hospital;
5. Essential governmental and public utility uses, facilities, services and buildings
(excluding maintenance shops);
6. Public transportation stop;
7. Terminal building, and transportation related facilities;
8. Public surface and underground parking areas;
9. Fire station;
10. Public school;
11. Public park;
12. Arts, cultural and recreational activities, buildings and uses; and
13. Accessory buildings and uses.
C. Conditional uses. The following uses are permitted as conditional uses in the Public
(PUB) zone district, subject to the standards and procedures established in Chapter 26.60.
1. Maintenance shop; and
2. Affordable housing.
D. Dimensional requirements. The dimensional requirements which shall apply to all
permitted and conditional uses in the Public (PUB) zone district shall be set by the adoption of a
conceptual development plan and final development plan, pursuant to Chapter 26.84, Planned
Unit Development.
E. Off-street parking requirement. The following off-street parking spaces shall be
provided for each use in the Public (PUB) zone district, subject to the provisions of Chapter
26.32.
1. Lodge uses: N/A
2. Residential uses: Requires special review pursuant to Chapter 26.64.
3. All other uses: Requires special review pursuant to Chapter 26.64.
01 - 11�'f
0
A TRACT OF LAND LOCATED IN THE SWI/4 OF SECTION II AND THE NWI/4 OF
SECTION 14 ALL IN 110S, R85W OF THE 6TH P.M., COUNTY OF PITKIN, STATE OF
COLORADO. DESCRIBED AS FOLLOWS:
BEGINNING AT THE SI/4 CORNER OF SAID SECTION II, THENCE S39'51'00"W, 1061.60
FEET ALONG THE SOUTHEASTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN
DEED RECORDED IN BOOK 119 AT PAGE 40 OF THE RECORDS OF PITKIN COUNTY,
COLORADO;
THENCE N42'35'00"W, 372.00 FEET ALONG THE SOUTHWESTERLY LINE OF THAT
TRACT OF LAND AS DESCRIBED IN SAID BOOK 119 AT PAGE 40;
THENCE N90'00'00"W, 178.75 FEET ALONG THE SOUTH UNE OF THAT TRACT OF
LAND AS DESCRIBED IN SAID BOOK 119 AT PAGE 40 TO THE APPROXIMATE CENTER-
UNE OF MAROON CREEK;
THE FOLLOWING FIVE (5) COURSES AND DISTANCES ARE ALONG THE APPROXIMATE
CENTERLINE OF SAID MAROON CREEK;
N31'08'20"W, 51.37 FEET,
N07'29'45"E, 167.28 FEET;
NI8'51'21"E, 86.99 FEET;
NI5'02'28"E, 188.91 FEET;
NI0'01'03"W, 71.19 FEET TO THE SOUTH LINE OF THE SWI/4 OF SAID SECTION II;
THENCE, LEAVING THE APPROXIMATE CENTERLINE OF SAID MAROON CREEK, S89'48'20"E,
26.91 FEET ALONG THE SOUTH LINE OF THE SWI/4 OF SAID SECTION II AND THE
SOUTHERLY LINE OF MAROON CREEK CLUB SUBDIVISION (SOUTH) AN ANNEXATION MAP
RECORDED IN BOOK 41 AT PAGE 76 IN THE RECORDS OF PITKIN COUNTY, COLORADO;
THENCE N00'14'51"W, 201.82 FEET ALONG THE EASTERLY UNE OF SAID
MAROON CREEK CLUB SUBDIVISION (SOUTH) ANNEXATION;
THENCE N33001'14"E, 281.07 FEET ALONG THE EASTERLY UNE OF SAID
MAROON CREEK CLUB SUBDIVISION (SOUTH) ANNEXATION;
THENCE NO2'16'09"W, 264.36 FEET ALONG THE EASTERLY UNE OF SAID MAROON
CREEK CLUB SUBDIVISION (SOUTH) ANNEXATION TO THE NORTHEASTERLY LINE OF
THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN BOOK 789 AT PAGE 214
OF THE RECORDS OF PITKIN COUNTY, COLORADO;
THENCE S56'32'30" E. 605.85 FEET ALONG THE NORTHEASTERLY UNE OF THAT
TRACT OF LAND AS DESCRIBED IN SAID BOOK 789 AT PAGE 214 TO THE NORTH-
WEST CORNER OF THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN BOOK
341 AT PAGE 127 OF THE RECORDS OF PITKIN COUNTY, COLORADO;
THENCE S56'32'20"E, 144.15 FEET ALONG THE NORTHEASTERLY LINE OF THAT TRACT
OF LAND AS DESCRIBED IN BOOK 341 AT PAGE 127 TO THE NORTHWEST CORNER OF
THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN BOOK 246 AT PAGE 962
OF THE RECORDS OF PITKIN COUNTY, COLORADO.
THENCE SOUTHEASTERLY.129.76 FEET ALONG THE ARC OF A CURVE CONCAVE
TO THE NORTHEAST AND ALONG THE NORTHEASTERLY UNE OF THAT TRACT OF LAND
AS DESCRIBED IN SAID BOOK 246 AT PAGE 962, SAID ARC HAVING A RADIUS OF
700.00 FEET, A CENTRAL ANGLE OF 10'37'14", AND BEING SUBTENDED BY A CHORD
THAT BEARS S61'12'27"E, 129.57 FEET;
THENCE S89'48'20"E, 50.85 FEET ALONG THE NORTHEASTERLY UNE OF THAT
TRACT OF LAND AS DESCRIBED IN SAID BOOK 246 AT PAGE 962 TO THE NORTHEAST
CORNER THEREOF;
THENCE S01'22'40"W, 41.23 FEET ALONG THE EASTERLY UNE OF THAT TRACT
TRACT OF LAND AS DESCRIBED IN SAID BOOK 246 AT PAGE 962;
THENCE SII'12'40"W, 191.00 FEET ALONG THE EASTERLY UNE OF THAT TRACT
OF LAND AS DESCRIBED IN BOOK 246 AT PAGE 962; TO THE SOUTH LINE OF THE
SWI/4 OF SAID SECTION II;
THENCE S89'48'20"E 130.00 FEET ALONG THE SOUTH UNE OF THE SWI/4 OF SAID
SECTION 11 TO THE POINT OF BEGINNING.
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TIOS, R85W OF THE
6TH P.M.
APPROX.. EDGES OF
MAROON CREEK —
N90'00'00"W
T•I
ISELIN AND ROTARY PARKS ANNEXATION
A TRACT OF LAND LOCATED IN THE SW1 /4 OF SECTION 11 AND THE NW1 /4 OF SECTION 14,
T10S, R85W OF THE 6TH P.M., COUNTY OF PITKIN, STATE OF COLORADO
S
S
S89048'20"E
50.85'
S01022'40"W
44.23'
POW OF BEG/NN/NG
SI/4 COR. SEC. II
TIOS, R85W OF THE
6TH P.M.
SCALE : 1 " = 100'
100 50 0 100 200
Nm
1. THIS MAP IS NOT A LAND SURVEY PLAT OR AN IMPROVEMENT SURVEY
PLAT. THE PURPOSE OF THIS MAP IS TO GRAPHICALLY SHOW THE AREA
TO BE ANNEXED TO THE CITY OF ASPEN.
CITY ENGINEER'S CERTIFICATE
THIS ANNEXATION MAP WAS PREPARED BY A REGISTERED COLORADO PROFESSIONAL
LAND SURVEYOR AS REQUESTED BY THE CITY ENGINEER. THE BASIS OF INFORMATION
IS THE RECORDED PLAT MAPS AT THE OFFICE OF THE PITKIN COUNTY CLERK AND
RECORDER. APPROVED ON THE DAY OF , 199 .
NICK ADEH, CITY ENGINEER
CITY COUNCIL APPROVAL
THIS ANNEXATION WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, PITKIN COUNTY, COLORADO, BY ORDINANCE SERIES OF
1998. PASSED THE DAY OF , 19_
MAYOR ATTEST: CITY CLERK
ANNEXATION CONTIGUITY
TOTAL PERIPHERY OF AREA TO BE ANNEXED = 4,245.09 FEET
ONE -SIXTH TOTAL PERIPHERY = 707.51 FEET
CONTIGUITY OR DISTANCE OF AREA
ADJACENT TO EXISTING CITY LIMITS = 774.16 FEET
OR 18.2% (WHICH IS GREATER THAN 1/6)
SURVEYOR'S CERTIFICATE
I, SCOTT A. PULLING, A REGISTERED PROFESSIONAL LAND SURVEYOR IN
THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THE ACCOMPANYING
MAP WAS PREPARED UNDER MY DIRECT RESPONSIBILITY, SUPERVISION AND
CHECKING AND THAT IT IS A TRUE AND CORRECT REPRESENTATION OF THE
AREA TO BE ANNEXED TO THE CITY OF ASPEN, COLORADO, AND THAT THE
CONTIGUOUS BOUNDARY ADJACENT TO EXISTING CITY LIMITS IS MORE THAN
1/6 OF THE TOTAL PERIPHERY OF THE AREA TO BE ANNEXED.
�o 'v 11— —.1.
FOR AND ON BEHALF OF DREXEL BARRELL & CO.
A TRACT OF LAND LOCATED IN THE SWI/4 OF SECTION II AND THE NWI/4 OF
SECTION 14 ALL IN TIOS, R85W OF THE 6TH P.M., COUNTY OF PITKIN, STATE OF
COLORADO, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SI/4 CORNER OF SAID SECTION 11. THENCE S39'51'00"W, 1061.60
FEET ALONG THE SOUTHEASTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN
DEED RECORDED IN BOOK 119 AT PAGE 40 OF THE RECORDS OF PITKIN COUNTY,
COLORADO;
THENCE N42'35'00"W, 372.00 FEET ALONG THE SOUTHWESTERLY LINE OF THAT
TRACT OF LAND AS DESCRIBED IN SAID BOOK 119 AT PAGE 40;
THENCE N90'00'00"W,178.75 FEET ALONG THE SOUTH LINE OF THAT TRACT OF
LAND AS DESCRIBED IN SAID BOOK 119 AT PAGE 40 TO THE APPROXIMATE CENTER-
LINE OF MAROON CREEK;
THE FOLLOWING FIVE (5) COURSES AND DISTANCES ARE ALONG THE APPROXIMATE
CENTERLINE OF SAID MAROON CREEK;
N31'08'20"W, 51.37 FEET;
N07'29'45"E, 167.28 FEET;
NI8°51'21"E, 86.99 FEET;
NI5'02'28"E, 188.91 FEET.
NIO'01'03"W, 71.19 FEET TO THE SOUTH LINE OF THE SWI/4 OF SAID SECTION 11;
THENCE, LEAVING THE APPROXIMATE CENTERLINE OF SAID MAROON CREEK, S89'48'20"E,
26.91 FEET ALONG THE SOUTH LINE OF THE SWI/4 OF SAID SECTION II AND THE
SOUTHERLY LINE OF MAROON CREEK CLUB SUBDIVISION (SOUTH) AN ANNEXATION MAP
RECORDED IN BOOK 41 AT PAGE 76 IN THE RECORDS OF PITKIN COUNTY, COLORADO;
THENCE NOO'14'51"W, 201.82 FEET ALONG THE EASTERLY LINE OF SAID
MAROON CREEK CLUB SUBDIVISION (SOUTH) ANNEXATION;
THENCE N33'01'14"E, 281.07 FEET ALONG THE EASTERLY LINE OF SAID
MAROON CREEK CLUB SUBDIVISION (SOUTH) ANNEXATION;
THENCE NO2'16109"W, 264.36 FEET ALONG THE EASTERLY LINE OF SAID MAROON
CREEK CLUB SUBDIVISION (SOUTH) ANNEXATION TO THE NORTHEASTERLY LINE OF
THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN BOOK 789 AT PAGE 214
OF THE RECORDS OF PITKIN COUNTY, COLORADO;
THENCE S56'32'30' E, 605.85 FEET ALONG THE NORTHEASTERLY LINE OF THAT
TRACT OF LAND )ESCRIBED IN SAID BOOK 789 AT P� 214 TO THE NORTH-
WEST CORNER OF irIAT TRACT OF LAND AS DESCRIBED IN SEED RECORDED IN BOOK
341 AT PAGE 127 OF THE RECORDS OF PITKIN COUNTY, COLORADO;
THENCE S56'32'20"E,14-4.15 FEET ALONG THE NORTHEASTERLY LINE OF THAT TRACT
OF LAND AS DES-' 9ED IN BOOK 341 AT PAGE 127 TO TF NORTHWEST CORNER OF
THAT TRACT OF L J AS DESCRIBED IN DEED RECORDED BOOK 246 AT PAGE 962
OF THE RECORDS OF PITKIN COUNTY, COLORADO;
THENCE SOUTHEASTERLY,129.76 FEET ALONG THE ARC OF A CURVE CONCAVE
TO THE NORTHEAST AND ALONG THE NORTHEASTERLY LINE OF THAT TRACT OF LAND
AS DESCRIBED IN SAID BOOK 246 AT PAGE 962, SAID ARC HAVING A RADIUS OF
700.00 FEET, A CENTRAL ANGLE OF 10'37'14", AND BEING SUBTENDED BY A CHORD
THAT BEARS S61'12'27"E, 129.57 FEET;
THENCE S89'48'20"E, 50.85 FEET ALONG THE NORTHEASTERLY LINE OF THAT
TRACT OF LAND AS DESCRIBED IN SAID BOOK 246 AT PAGE 962 TO THE NORTHEAST
CORNER THEREOF;
THENCE S01'22'40"W, 41.23 FEET ALONG THE EASTERLY LINE OF THAT TRACT
TRACT OF LAND AS DESCRIBED IN SAID BOOK 246 AT PAGE 962;
THENCE SII'12'40"W, 191.00 FEET ALONG THE EASTERLY LINE OF THAT TRACT
OF LAND AS DESCRIBED IN BOOK 246 AT PAGE 962; TO THE SOUTH LINE OF THE
SWI/4 OF SAID SECTION II;
THENCE S89'48'20"E 130.00 FEET ALONG THE SOUTH LINE OF THE SWI/4 OF SAID
SECTION II TO THE POINT OF BEGINNING.
ACCEPTANCE FOR RECORDING
THIS ANNEXATION PLAT WAS ACCEPTED FOR FILING IN THE OFFICE OF THE
CLERK AND RECORDER OF PITKIN COUNTY, COLORADO. ON THE DAY OF
, 1998. IN PLAT BOOK AT PAGE , UNDER
RECEPTION NO.
CLERK AND RECORDER
I
IN ACCORDANCE WITH CRS 13-80-105;
NOTICE, ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED
UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH
DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS Sl1RVEY BE
COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON.
Drexel Barrell & Co. Engineers/surveyors
4840 PZM s1.4P CM= awls 114 RDULDXEL COLORADO Balm (308) 44z-43M
-�/ 6M CORPORATE DMU COLORADO SPRiRCS. COLORADO song (719) 260-0587
G/ 0401 i IOTH BTXW. SURR 100& GREM". COLORADO 80634 (WIV) 901-0646
Revisions - Date Date Drawn By Job No.
1a/12/sB scL 5665-8
Scale Checked By Drawing No.
1'=100' SAP R77-71