HomeMy WebLinkAboutcoa.lu.rz.soldnerrezoning.2004
City of Aspen Community Development Dept.
CASE NUMBER
0068.2004.ASLU
PARCEL ID NUMBER 9999-99-9-99-999
PROJECT ADDRESS 0 ZERO
PLANNER
CHRIS
LEE
CASE DESCRIPTION SOLDNER REZONING
REPRESENTATIVE CITY OF ASPEN
DATE OF FINAL ACTION 3/2/2005
CLOSED BY Denise Driscoll
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MEMORANDUM
V1\\c
-
-
TO:
THRU:
Mayor Klanderud and Aspen City Council
Chris Bend~ommunity Development Director
FROM: Chris Lee, Planner Od-
RE: Public Hearing and 2"d Reading of Ordinance No.8, Series of2005: Initial Aspen
City Zoning of the Soldner/Bnrlingame Ranch Parcell.
DATE: February 28, 2005
ApPLICANT/OWNER: City of Aspen
LOCATION: The Soldner Property situated between Bar/X Ranch to the east and Stage Road to
the south.
LOT SIZE: 26,354 square feet (0.605 acres)
PARCEL ID NUMBER: 273502300005
FORMER COUNTY ZONING: Agricultural/Forestry/Residential 2 - Planned Unit Development
(AFR2-PUD)
PROPOSED ZONING: Conservation (C)
CURRENT LAND USE: Parcell was part of a private residential property owned by the Soldner
family until recently annexed into the City of Aspen.
PROPOSED LAND USE: A portion of parcell is to be used for Harmony Road as an access way
to Burlingame Ranch, with the remainder to be undeveloped.
P & Z ACTION: Unanimous agreement (6-0) to recommend that the City Council approve
initial city zoning as (C) for the Soldner/Burlingame Ranch Parcell on 1/4/05.
STAFF RECOMMENDATION: Approval
SUMMARY:
The Soldner Family, in agreement with the City of Aspen, petitioned to annex Parcell into the
City in exchange for a similarly sized parcel, "Parcel 2" (also known as disconnected parcel #1),
that has been added to the northern side of their property. Parcel 2 has become part of the
Soldner's holdings and was de-annexed from City jurisdiction. The primary reason for this
property exchange and annexation is to provide egress for an access road (Harmony Road) to the
Burlingame Ranch development.
1
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REVIEW PROCEDURE:
Initial Zoning/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.
After first reading of an Ordinance to amend the official zone district map, City Council shall
consider the Ordinance at a public hearing and either approve or deny it.
BACKGROUND:
Parcell ofthe existing Soldner property was recently annexed into the City of Aspen by
Ordinance No. 33 (Series of 2004) that came before the City Council on October 12,2004.
PREVIOUS ACTION:
The City Council has not previously considered this initial zoning request.
STAFF COMMENTS:
Staff has examined all options to make a recommendation about appropriate zoning of Parcel 1
of the Soldner/Burlingame Ranch. Based on examinations of the current zoning, land use and
zoning of surrounding areas and intended use of the parcel, Staff believes that Land Use Code
Section 26.710.220, Conservation (C), is the appropriate designation. The Conservation section
ofthe Aspen City Code has been included as Exhibit E.
Staff believes that the proposed zoning is consistent with the Aspen Area Community Plan. The
future land use map in the AACP envisions this area as a locale for affordable housing
development with conservation lands also designated. By zoning this as Conservation (C) it will
become land that supports this AACP designation and is consistent with the surrounding lands
that are already zoned (C). It is critical that this parcel be zoned the same way to maintain the
desired conservation status of Deer Hill above the road.
ST AFF RECOMMENDATION:
Staff finds that the proposed rezoning application meets or exceeds the requirements set forth in
Land Use Code Section 26.310.040, Amendments to the Land Use Code and Official Zone
District Map, to approve an amendment to the official zone district map. Review criteria and
Staff Findings have been included as Exhibit A. Staff recommends that City Council approve
the proposed rezoning request.
Staff recommends approval of Ordinance No.8, Series of 2005.
CITY MANAGER'S COMM~S: . . . _
. -</~ ~~WJ ')l -%.5 J~
RECOMMENDED MOTION:
"l move to approve Ordinance No.8, Series of2005."
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Attachments:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B - Site Map
Exhibit C - Plat Maps with Acreage and Survey Lines
Exhibit D - Pitkin County AFR-2 Zone Description
Exhibit E - City of Aspen Conservation Zone Description
3
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EXHIBIT A
REVIEW CRITERIA & STAFF FINDINGS
AMENDMENT TO THE OFFICIAL ZONING MAP OF THE SOLDNER PROPERTY
Section 26.92.020, Standards Applicable to Rezoning
In reviewing an amendment to the official zone district map, the City Council shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this title.
STAFF FINDING: I DOES IT COMPLY? 1 YES
The proposed zoning is consistent with the Land Use Code and does not represent any
potential conflicts. This zoning provides the most congruent land use regulations with those
previously provided in Pitkin County and provides the most appropriate zoning given the
location, topography, access and expected future uses of the land. In addition, the proposed
rezoning application will not create any zoning non-conformities with respect to the existing
properties. Staff finds this criterion to be met.
B. Whether the proposed amendment is consistent with all elements of the Aspen Area
Comprehensive Plan.
STAFF FINDING: I DOES IT COMPLY? 1 YES
Staff believes that the proposed zoning is consistent with the Aspen Area Community Plan.
The future land use map in the AACP envisions this area as a locale for affordable housing
development with conservation lands also designated. By zoning this as Conservation (C) it
will become land that supports this AACP designation and is consistent with the surrounding
lands that are already zoned (C). Staff finds this criterion to be met.
C. Whether the proposed amendment is compatible with surrounding zone districts and land
uses, considering existing land use and neighborhood characteristics.
STAFF FINDING: 1 DOES IT COMPLY? 'I YES
Yes, it is compatible with both the surrounding districts and land uses. Currently it borders on
land that is zoned (C). It is critical that this parcel be zoned the same way to maintain the
desired conservation status of Deer Hill above the road.
D. The effect of the proposed amendment on traffic generation and road safety.
STAFF FINDING: I DOES IT COMPLY? I YES
The site has adequate access for the intended level of traffic. Staff does not expect any
degradation of road capacity due to this rezoning. In fact, this parcel was annexed, and is
being rezoned, specifically to provide for road construction.
E. Whether and the extent to which the proposed amendment would result in demands on public
facilities, and whether the extent to which the proposed amendment would exceed the
capacity of such facilities, including, but not limited to, transportation facilities, sewage
facilities, water supply, parks, drainage, schools, and emergency medical facilities.
Soldner Rezoning Staff Comments Page 1
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STAFF FINDING: 1 DOES IT COMPLY? T YES
There will not be an increase in the demand for public facilities as a result of the proposed
zoning request.
F. Whether and the extent to which the proposed amendment would result in significant adverse
impacts on the natural environment.
STAFF FINDING: I DOES IT COMPLY? I YES
The proposed zoning application would provide a positive environmental impact due to the
Conservation designation. Staff finds this criterion to be met.
G. Whether the proposed amendment is consistent and compatible with the community
character in the City of Aspen.
STAFF FINDING: I DOES IT COMPLY? 1 YES
Staff believes that the proposed zoning application is consistent with the community and
neighborhood character of the area, in that the new zoning is similar to zoning in the vicinity
and does not, in and of itself, change the character of the area.
H. Whether there have been changed conditions affecting the subject parcel or the surrounding
neighborhood which support the proposed amendment.
STAFF FINDING: I DOES IT COMPLY? T YES '
The City has a statutory obligation to provide this property with zoning within ninety (90) days
of the final annexation. The property was annexed into the City on October l2, 2004.
Therefore, the annexation itself produced the changed conditions (land transferred from
County to City) that warrant the proposed amendment. Staff finds this criterion to be met.
I. Whether the proposed amendment would be in conflict with the public interest, and is in
harmony with the purpose and intent of this title.
STAFF FINDING: I DOES IT COMPLY? I YES
It is in the public interest to zone this parcel within ninety (90) days as required by statutory
obligations. This zoning does not pose any conflicts to the public interest and actually furthers
it, by contributing to the timely development of the Burlingame Ranch affordable housing
development.
Soldner Rezoning Staff Comments Page 2
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Exhibit D
FORMER PITKIN COUNTY ZONING
3-40-080 AFR-2 AgriculturaVForestry/Residential
A. Intent: The AFR-2, Agricultural/Forestry/Residential district, is intended to provide for a moderate
density, residential/agricultural transition zone for lands along the valley floor located between the
County's development centers and its rural, open land area. The district also contains existing housing
concentrations with densities exceeding those in surrounding areas.
B. Allowed Uses: The following uses are allowed as of right in the Agricultural/Forestry/Residential
(AFR-2) Zone District:
I. Accessory buildings and uses.
2. Animal production and husbandry services, other farm and agricultural uses (not including
commercial feed lots).
3. Bus stop.
4. Crop production.
5. Farm buildings.
6. Home occupations.
7. Parks, playground, playing fields.
8. Manufactured home.
9. Single-family dwelling units.
10. Single-family dwelling unit with a potential of up to, but not exceeding, fifteen thousand (15,000)
square feet of floor area.
11. Solar energy collectors (private use).
12. Trails.
C. Special Review Uses: The following uses are subject to special review:
I. Agriculture stands.
2. Caretaker dwelling units.
3. Cemeteries.
4. Churches.
5. Club houses or recreational buildings used in connection with and accessory to a permitted
outdoor recreational use.
6. Commercial firewood splitting, storage and sales.
7. Commercial kennels and veterinary clinics.
8. Commercial riding stables.
9. Community health facilities.
10. Day care centers.
II. Duplex dwelling units.
12. Employee dwelling units.
13. Golf courses.
14. Mineral exploration/mining, concrete batch plants.
15. Nordic ski areas and support facilities.
16. Nursing, convalescent, rest, and retirement homes.
17. Outdoor recreational uses.
18. Radio transmitting station.
19. Resort cabins.
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20. Satellite reception devices.
21. Single-family dwelling unit with more than fifteen thousand (15,000) square feet of floor area
(transferable development rights are required to exceed fifteen thousand (15,000) square feet).
22. Schools/universities.
23. Sewage disposal areas/landfills/water plants.
24. Transferable development rights (TDRs).
25. Uses, activities and facilities permitted by special use permit issued by Federal Agencies.
26. Water crossing and diversion.
D. Prohibited Uses: The following uses are prohibited in the Agricultural/Forestry/Residential (AFR-2)
Zone District:
1. Airport.
2. Alpine ski areas and support.
3. Amusement and entertainment establishments.
4. Commercial automobile parking lots.
5. Commercial camping areas.
6. Dormitory housing.
7. Equipment supplies and contraction or subcontraction.
8. Essential government and public utility uses, facilities and services.
9. Financial institutions.
10. General services.
11. Guest ranches.
12. Hospitals.
13. Junk yards.
14. Logging.
15. Medical/dental clinics.
16. Mobile homes.
17. Motels, hotels, lodges.
18. Multi-family dwelling units.
19. Offices.
20. Personal service outlets: food stores, drug stores, post office substation, self-service laundries, dry .
cleaning outlets and liquor stores; the total space shall be limited to eighty (80) square feet of
gross leasable space per dwelling unit in the district.
21. Places for retailing of goods.
22. Professional offices.
23, Research facilities, indoors.
24. Research facilities, other.
25. Restaurants and bars.
26. Timesharing/fractional fees.
27, Uses not listed.
28. Vehicle and aircraft sales and service.
E. Dimensional Requirements: The following dimensional requirements shall apply to all permitted and
special review uses in the Agricultural/Forestry/ Residential (AFR-2) Zone District:
I. Minimum lot area: two (2) acres.
2. Minimum lot area principal use: two (2) acres.
3. Minimum front yard Setback: See Figure 3-1.
4. Minimum side yard setback: See Figure 3-1.
5. Minimum rear yard setback: See Figure 3-1.
6. Minimum lot width: two hundred feet (200').
7. Maximum height principal structures: twenty-eight feet (28').
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8. Maximum height accessory structures: twenty feet (20').
9. Maximum Floor Area Ratio: Lot Size Allowable Square Feet Square Feet FAR of Floor Area 0--
25,000.13.13:1 floor to lot area ratio up to a maximum of 3,250 sq. fl. of floor area. 25,001--
50,000 .09 3,250 sq. ft. of floor area, plus 9 sq. ft. of floor area for each additional 100 sq. ft. in
lot area up to a maximum of 5,500 sq. ft. of floor area. 50,001--100,000 .05 5,500 sq. ft. of floor
area plus 5 sq. fl. of floor area for each additional 100 sq. ft. in lot area up to a maximum of 8,000
sq. fl. of floor area. 100,000 + .0 I 8,000 sq. ft. of floor area plus 1 sq. fl. of floor area for each
additional 100 sq. ft. in lot area.
(Ord. 23-2002 Atl. A, I (part); Ord. 99-36 At!. B (part))
EXHIBIT E
PROPOSED CITY OF ASPEN ZONING
26.710.220 Conservation (C).
A. Purpose. The purpose of the Conservation (C) zone district is to provide areas of low density
development to enhance public recreation, conserve natural resources, encourage the production
of crops and animals, and to contain urban development.
B. Permitted uses. The following uses are permitted as of right in the Conservation (C) zone
district:
l. Detached residential dwelling;
2. Park, playfield, playground and golf course;
3. Riding stable;
4. Cemetery;
5. Crop production, orchards, nurseries, flower production and forest land;
6. Pasture and grazing land;
7. Dairy;
8. Fishery;
9. Animal production;
10. Husbandry services (not including commercial feed lots) and other farm and agricultural
uses;
l1. Railroad right-of-way but not a railroad yard;
12. Home occupations;
13. Accessory buildings and uses; and
14. Accessory dwelling units meeting the provisions of Section 26.520.040.
C. Conditional uses. The following uses are permitted as conditional uses in the Conservation
(C) district, subject to the standards and procedures established in Chapter 26.425.
1. Guest ranches;
2. Recreational uses including a riding academy, stable, club, country club and golf course;
3. Ski lift and other ski facilities;
4. Sewage disposal area;
5. Water treatment plant and storage reservoir; and
6. Electric substations and gas regulator stations (not including business or administration
offices).
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Conservation (C) zone district.
1. Minimum lot size (acres): lO.
2. Minimum lot area per dwelling unit (acres): 10.
3. Minimum lot width (feet): 400.
4. Minimum front yard setback (feet): 100.
5. Minimum side yard setback (feet): 30.
6. Minimum rear yard setback (feet): 30.
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7. Maximum height (feet): 25.
8. Minimum distance between principal and accessory buildings (feet): No requirement.
9. Percent of open space required for building site: No requirement.
1 O. External floor area ratio: (applies to conforming and nonconforming lots of record): same
as R -l5 zone district.
(Ord. No. 32-1999, 9 2; Ord. No. 56-2000, 99 4, 7 (part), 14; Ord. No. 25-2001, 99 3, 5 (part))
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADD"'" OFPROmTY, s,! d)~~ ,\"""
SCHEDULED PUBLIC HEARING DATE: _ ~_ __
, Aspen, CO
.200_
STATE OF COLORADO )
) ss.
County of Pitkin )
I, ~-{ \M'P,S /--/V\01 i, ' (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner;
X~ublication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
~
_ Posting of notice: By posting of notice, which form was obtained from th~
Community Development Department, which was made of suitable, ("
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (l5) days
prior to the public hearing and was continuously visible from the _ day of
, 200_, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the COIlllIll'mity
- Development Department, which contains the information described in 'Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) da{.s prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or quasi-governmental agency that
owns property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
1
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,
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision'
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
j;;i:u"<all cc~Adf
Sl ture
The ~going "Affidavit of Notice" was ~~n~ged beforf me$day
of + ~ , 200!;, by <... 1-...)
WITNESS MY HAND AND OFFICIAL SEAL
PUBLIC NOT\CE
f E SOLDNER! BURLlN-
RE: INITIAL ~ONING 0 ~H THAT WAS ANNEXED
GAME RANCH PROP EN B'i ORDINANCE NO. 33
INTO THE CITY OF
(SERIES OF 2004~. EllY GIVEN thai a public.
o NOTICE 15 H ~n Monday, February 28,
heanng WIll be held . . t 5"00 p.m. belore the
2005, at a meetmg ~o be~Hl a Cty Chambers. Clty
Aspen City CouncIl., Aspen.\ consider an ap-
Hall, i30 S. Ga\~na St., ~~:e~:\tto 01 Aspen lor the
plication suhmltted by , Y Ranch proper-
moingol the Soldner/Burhl1!!ame In Cltyol As-
ty that was recently annexed ~~o b: zoned Con-
pen. The property \5 propOse i~\e m~dilication
seTvalion (C), and the a~?ror~ity Zone District
would be made to the 0 KIa Lot I Bur-
Map. The parcel is locate? adlacednt.~o coml~only
'h SubdivisIOn an IS
lingame Ran<.: / Burlingame Ranch Parcel
\mown as Soldm:r 'I Development Ueparl-
Conlact the communbl Yd' description 01 Ilns
menllorametesand oun s
property. _ . tionlact Chris Lee at the
For lurther lnlormatlOnj; Development Depart-
City 01 Aspen Commu1i ty CO 970429.2759.
ment. 130 S. GalenaS1p'Aspen, -' .
chrisl@cLaspen.co.us ~ K r 1 Klanderud, Mayor
slH en aHAspenCilyCoUllC.il
Published ill The Aspen Times on February 13.
2005.(2387)
My CO~ission expires:
.~
Notary Public
t h31cA-
ATTACHMENTS:
COPY OF THE PUBLICATION
GRAPH OF THE POSTED NOTICE (SIGN)
S AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
'~,' ._--~~~--..~_............--
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.
,
CITY OF ASPEN
130 S GALENA ST
ASPEN, CO 8161l
PFISTER ARTHUR 0
C/O MAROON CREEK CLUB
lO CLUB CIRCLE
ASPEN, CO 816ll
,~
. ....-._._--..._----_.,.._._~~~"-,--.'--~'". ."
" . BARIX RANCH LLC
C/O HERBERT S KLEIN &
ASSOCIATES PC
20l N MILL ST STE 203
ASPEN, CO 8l6ll
CITY OF ASPEN
130 S GALENA ST
ASPEN, CO 8l6ll
, SOLDNER F AMIL Y LTD
PARTNERSHIP
PO BOX 2238
FRISCO, CO 80443
MAROON CREEK LLC
lO CLUB CIR
ASPEN, CO 81611
.
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ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: tdJU-/&\:O~'~ l-nJ't111 \
SCHEDULED PUBLIC HEARING DATE: ~CJl\lACA1 ~
, Aspen, CO
,2005
STATE OF COLORADO )
) ss.
County of Pitkin )
I, (name, please print)
being or representi g an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
_ Publication oj'notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
J Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the nlloaay of
..9 ^~~ ,200..k\-, to and including the date and time of the public
hearing. A photograph oj'the posted notice (sign) is attached hereto.
~ Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or quasi-governmental agency that
owns property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy oj'the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
,.
J
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text ofthis Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendmen .
The foregoing "Affidavit of Notice" was acknowledged before me this,;:)." day
of 0)........' , 200~, by c::..J-.r") ~ 1 ~ 0 -
WITNESS MY HAND AND OFFIClAL SEAL
. t.tl
lfes:
-'" ..'
'......
......
CITY OF ASPEN
130 S GALENA ST
ASPEN, CO 8l6ll
PFISTER ARTHUR 0
C/O MAROON CREEK CLUB
10 CLUB CIRCLE
ASPEN, CO 8l6ll
BARlX RANCH LLC
C/O HERBERT S KLEIN &
ASSOClA TES PC
20l N MILL ST STE 203
ASPEN, CO 8l6ll
CITY OF ASPEN
130 S GALENA ST
ASPEN, CO 8l6ll
SOLDNER F AMIL Y L TD
PARTNERSHIP
PO BOX 2238
FRISCO, CO 80443
MAROON CREEK LLC
lO CLUB CIR
ASPEN, CO 81611
1
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: (5oIJ{;1,~J// B ",,~,'~ Mt'" Jbv(hA~t~/
SCHEDULED PUBLIC HEARING DATE: 1/ 'i / e:5 ' ,200_
t !
STATE OF COLORADO )
) ss.
County of Pitkin )
I,,,~ ,; \.IVl<e.S L ('l!, d ~ ,(name, please print)
being r representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
~ Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
posting of not ice: By posting of notice, which form was obtained from th~)
Community Development Department, which was made of suitable, '
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) .inches high, and which was composed of letters not
less than one inch" itl height. Said notice was posted at least fifteen (15) days
prior to the public;~earing and was continuously visible from the _ day of
, ,200_, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
_ Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by fIrst class postage
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or quasi -governmental agency that
owns property within three hundred (300) feet of the property subject to 4e
development application. The names and addresses of property owners shl/ll be
those on the current tax records of Pitkin County as they appeared no mon#than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
~
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
The foregoing "Affidavit of Notice" was ackn..ID&edged befor\:e thiS~ay
of l'f-)J2.e.-.~ , 200.::1, by ....::> c- - <, ~ Y">
8
r
WITNESS MY HAND AND OFFICIAL SEAL
'i/ :2.31 €iT
I
My commission expires:
Notary Public
~NOTICE .
RE; REZONING OF TIE,SQlDNERJ BURLINGAME .
RANCH PROPERTY THAT'WAS ANNEXFJ),INTO
mE CrFY OF ASPEN BY ORDINANCE NO. 3i (SER.
IES OF 20(4) OF 1ltE CITY CQUNCD. ON 10/12f04~ 1
NOTICE ~ HEREBY GIVEN that a ,publk: Po
hearing will be held on Tuesday, January 4,:2005, F
at a meeting to. begin at 4:30 p.m. before the AS- 1
pen Planning and Zoning Commission; Sister Cit~ j
I~ Room. City HoII. 130 S. Gol~. St., "pen. io , A TT ACHMENTS:
consider an application submitted by The City o.J E
Aspen. requesting that. the Soklilerl BlirUnpme II
Ranch Pro~twas 8nnexed Int,o the City of (
........tofacUltate.'eo"n""""~of..."'_ ( COPYOFTHEPUBLICATION
road to. the BurUngante Affordable HOuslriI ~
eel, be zoned as AH/PUD. and thatapprOptlate t
modHIcatlons be made to. the omcllJ. City%Orie r
DIstrict...... The pareel b tocated"""""",'" 'GRAPH OF THE POSTED NOTICE (SIGN)
Lot 1, Bui'"11ngame Kandt SubdMIIon __ Weeom- !
monly known as Soldner! BuflIDgap-~,hr-,
.'d. Contact the Commnnlty -..,."".. lS AND GOVERNMENTAL AGENCIES NOTICED
partment foT'a metes and~ ~:ol:-
thlsLand.' ',,'
F",lttrthet~._""""'" BYMAIL
altheCltyolAspm _ " ~,.
partBJent" 130_ S. Gal", St..-,AspB:t,CO.
970.429.2759 (01'.. I:!Y, etnaII .at
chrl5.lOd.aspen.co.us). '" ,'"
s{Jasmlne~'Chalr
AspeoPlanri.lnS8IldZorilngC~
Published in The Aspen n.. an December, t8.-
2004. (2Z20)
o
~
Wc~.
MEMORANDUM
TO:
THRU:
FROM:
RE:
Mayor Klanderud and Aspen City Council
Chris Bendon, Community Development Director ~
Chris Lee, Planner CJ-
Initial Aspen City Zoning of t!!!:,Soldner/Burlingame Ranch Parcel I Annexation,
1st Reading of Ordinance No.~ Series of 2005. 2nd Reading Scheduled for
February 28, 2005.
January 24,2005
DATE:
ApPLICANT /OWNERS: CiTY OF ASPEN
LOCATION: The Soldner Property situated between Harmony Road to the west, Bar/X
Ranch to the east, and Stage Road to the south.
LOT SIZE: 0.605 acres
PARCEL ID NUMBER: 273502300005
FORMER COUNTY ZONING: Agricultural/Forestry/Residential 2 - Planned Unit
Development (AFR2-PUD)
PROPOSED ZONING: Conservation (C)
CURRENT LAND USE: Parcel 1 was part of a private residential property owned by the
Soldner family until recently annexed into the City of Aspen.
PROPOSED LAND USE: Parcel 1 is to be used as an access way for Harmony Road that
will provide ingress to Burlingame Village.
P & Z ACTION: Unanimous agreement (6-0) to recommend that the City Council
approve initial city zoning as (C) for the Soldner/Burlingame Ranch Parcell on 1/4/05.
STAFF RECOMMENDATION: Approval
SUMMARY:
The Soldner Family, in agreement with the City of Aspen, petitioned to annex Parcell into
the City in exchange for a similarly sized parcel, "Parcel 2" (also known as disconnected
parcel # 1), that has been added to the northern side of their property. Parcel 2 has become
part of the Soldner's holdings and was de-annexed from the City jurisdiction. The primary
reason for this property exchange and annexation is to provide egress for an access road
(Harmony Road) to the Burlingame Village development.
,.....
\,....-
~
"""
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:
Parcell of the existing Soldner property was recently annexed into the City of Aspen by
Ordinance No. 33 (Series of2004) that came before the City Council on October 12, 2004.
State statute requires the City to assign the property to the appropriate zone district(s) within
90 days of the final annexation.
PREVIOUS ACTION:
The City Council has not previously considered this rezoning request.
STAFF COMMENTS:
Staff has examined all options to make a recommendation about appropriate zoning of Parcel
1 of the Soldner/Burlingame Ranch. Based on examinations of the current zoning, land use
and zoning of surrounding areas and intended use of the parcel, Staff believes that Land Use
Code Section 26.7l0.220, Conservation (C), is the appropriate designation. The
Conservation section of the Aspen City Code has been included as Exhibit E.
STAFF RECOMMENDATION:
Staff finds that the proposed rezoning application meets or exceeds the requirements set forth
in Land Use Code Section 26.310.040, Amendments to the Land Use Code and Official Zone
District Map, to approve an amendment to the official zone district map. Review criteria and
Staff Findings have been included as Exhibit A. Staff recommends that City Council
approve the proposed rezoning request.
Staff recommends approval of Ordinance No. <C), Series of 2005, upon first reading.
CITY MAN~'S COMMEI~,T~ ........." ~ il
~~~1 ~SJ~ Ar,~-,.._-
RECOMMENDED MOTION:
"I move to approve Ordinance No.~, Series of2005, upon first reading."
Attachments:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B - Site Map
Exhibit C - Plat Maps with Acreage and Survey Lines
Exhibit D - Pitkin County AFR-2 Zone Description
Exhibit E - City of Aspen Conservation Zone Description
2
c
!~
ORDINANCE NO. 1)
(SERIES OF 2005)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ASSIGNING THE
SOLDNER/BURLINGAME RANCH ANNEXATION PARCEL NO. I TO THE
CONSERVATION (C) ZONE DISTRICT.
PARCEL ID NUMBER: 273502300005
WHEREAS, a parcel of land situated in the Southwest V. of Section 2, Township 10
South, Range 85 West of the Sixth Principal Meridian, commonly referred to as
"Soldner/Burlingame Ranch Annexation Parcel No. l" was annexed into the City of Aspen on
October 12,2004 through Ordinance No. 33, series of2004; and,
WHEREAS, the property is approximately 0.605 ct acres, legally described herein; and,
WHEREAS, the City Council of the City of Aspen must designate a zone district for the
property within 90 days of the annexation; and,
WHEREAS, pursuant to Section 26.310 of the Land Use Code (Amendment to the
Official Zone District Map), approval may be granted by the City Council at a duly noticed
public hearing after considering recommendations by the Planning and Zoning Commission, the
Community Development Director, and relevant referral agencies; and,
WHEREAS, the Community Development Department analyzed the parcel of land and
recommended that it be designated as Conservation (C) Zone District; and,
WHEREAS, during a regular meeting on January 4, 2005, the Planning and Zoning
Commission conducted a duly noticed public hearing where, by a six to zero (6-0) vote,
recommended that City Council approve the recommended initial City zoning; and,
WHEREAS, the Aspen City Council finds that the development review standards for an
Amendment to the Official City Zoning Map have been met, and that this Resolution furthers and
is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT ORDAINED:
SECTION I:
That the Aspen City Council approves an amendment to the Official Zoning Map, so that the
land commonly referred to as "Soldner/Burlingame Ranch Annexation Parcell". as described
below, be assigned to the Conservation (C) zone district.
Soldner/Burlinl!:ame Ranch - Parcell Lel!:al Description:
DESCRIPTION - SOLDNER/BURLINGAME RANCH ANNEXATION PARCEL 1
c
"""
....;
A parcel of land situated in the Southwest Y. of Section 2, Township 10 South, Range 85 West of
the Sixth Principal Meridian, County of Pitkin, State of Colorado, said parcel being more
particularly described as follows:
Beginning at a point on the east line of the Burlingame Ranch as recorded in Plat Book 50 at
Page 88 of the records of the Pitkin County Clerk and Recorder whence the West Y. corner of
said Section 2 bears N64014'16"W a distance of 878.38 feet with all bearings contained herein
being relative to a bearing of N04041 '19"E between the W Y. corner and the Northwest corner of
said Section 2; thence S86029'36"E along the boundary of said Burlingame Ranch a distance of
119.58 feet; thence S34004'4T'W a distance of 4.13 feet to the northeasterly corner of a parcel
of land described on page 16 of Reception #497592; thence along the easterly boundary of said
parcel of land the following two (2) courses, thence SI3054'40"W a distance of 403.00 feet;
thence S26019'05"W a distance of 27.92 feet to a point on said Burlingame Ranch boundary;
thence NOl o02'3T'W along the boundary of said Burlingame Ranch a distance of 427.02 feet to
the POINT OF BEGINNING, containing 26,366 square feet or 0.605 acres, more or less.
SECTION 2:
All material representations and commitments made by the developer pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
the Community Development Department, or the Aspen City Council, are hereby incorporated in
such plan development approvals and the same shall be complied with as if fully set forth herein,
unless amended by other specific conditions.
SECTION 3:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
SECTION 4:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
SECTION 5:
A public hearing on the Ordinance will be held on the 28th day of February, 2005. at 5:00 p.m. in
the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen days prior to which hearing a
public notice of the same will be published in a newspaper of general circulation within the City of
Aspen
SECTION 6:
This ordinance shall become effective thirty (30) days following final adoption.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on this _ day of ,2004.
2
,
c
:>
ATTEST:
Kathryn Koch, City Clerk
Helen Kalin Klanderud, Mayor
FINALLY, ADOPTED, PASSED, AND APPROVED this _ day of
ATTEST:
Kathryn S. Koch, City Clerk
Helen Kalin Klanderud, Mayor
APPROVED AS TO FORM:
John Worcestor, City Attorney
3
,2005.
-
,/
..........
-.....;
EXHIBIT A
REVIEW CRITERIA & STAFF FINDINGS
AMENDMENT TO THE OFFICIAL ZONING MAP OF THE SOLDNER PROPERTY
Section 26.92.020, Standards Applicable to Rezoning
In reviewing an amendment to the official zone district map, the City Council shall
consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this
title.
STAFF FINDING: I DOES IT COMPLY? I YES
The proposed zoning is consistent with the Land Use Code and does not represent any
potential conflicts. This zoning provides the most congruent land use regulations with
those previously provided in Pitkin County and provides the most appropriate zoning
given the location, topography, access and expected future uses of the land. In addition,
the proposed rezoning application will not create any zoning non-conformities with
respect to the existing properties. Staff finds this criterion to be met.
B. Whether the proposed amendment is consistent with all elements of the Aspen Area
Comprehensive Plan.
STAFF FINDING: I DOES IT COMPLY? I YES
Staff believes that the proposed zoning is consistent with the Aspen Area Community
Plan. The future land use map in the AACP envisions this area as a locale for affordable
housing development with Conservation lands also designated. By zoning this as (C) it
will become land that supports this AACP designation and is consistent with the
surrounding lands that are already zoned (C). Staff finds this criterion to be met.
C. Whether the proposed amendment is compatible with surrounding zone districts and
land uses, considering existing land use and neighborhood characteristics.
STAFF FINDING: I DOES IT COMPLY? I YES
Yes, it is compatible with both the surrounding districts and land uses. Currently it
borders on land that is zoned (C). It is critical that this parcel be zoned the same way to
maintain the conservation status of the hill above the road.
D. The effect of the proposed amendment on traffic generation and road safety.
STAFF FINDING: I DOES IT COMPLY? , YES
The site has adequate access for the intended level of traffic. Staff does not expect any
degradation of road capacity due to this rezoning. In fact, this parcel was annexed, and
is being rezoned, specifically to provide for road construction.
E. Whether and the extent to which the proposed amendment would result in
Soldner Rezoning Staff Comments Page 1
,
-
,,".....
-
-
demands on public facilities, and whether the extent to which the proposed
amendment would exceed the capacity of such facilities, including, but not
limited to, transportation facilities, sewage facilities, water supply, parks,
drainage, schools, and emergency medical facilities.
STAFF FINDING: I DOES IT COMPLY? I YES
There will not be an increase in the demand for public facilities as a result of the
proposed zoning request.
F. Whether and the extent to which the proposed amendment would result in
significant adverse impacts on the natural environment.
STAFF FINDING: 'DOESITCOMPLY? I YES
The proposed zoning application would provide a positive environmental impact due to
the Conservation designation. Staff finds this criterion to be met.
G. Whether the proposed amendment is consistent and compatible with the community
character in the City of Aspen.
STAFF FINDING: I DOES IT COMPLY? I YES
Staff believes that the proposed zoning application is consistent with the community and
neighborhood character of the area, in that the new zoning is similar to zoning in the
vicinity and does not, in and of itself, change the character of the area.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
STAFF FINDING:
, DOES IT COMPLY?
I YES
The City has a statutory obligation to provide this property with zoning within ninety
(90) days of the final annexation. The property was annexed into the City on October
12, 2004. Therefore, the annexation itself produced the changed conditions (land
transferred from County to City) that warrant the proposed amendment. Staff finds this
criterion to be met.
I. Whether the proposed amendment would be in conflict with the public interest,
and is in harmony with the purpose and intent of this title.
STAFF FINDING: I DOES IT COMPLY? I YES
It is in the public interest to zone this parcel within ninety (90) days as required by
statutory obligations. This zoning does not pose any conflicts to the public interest and
actually furthers it, by contributing to the timely development of Burlingame Village
Soldner Rezoning Staff Comments Page 2
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NOTES:
The purpose of this plat is to di
the City of Aspen by the plat re
Pitkin County Clerk and Recorder
CITY OF A<:;PFN APPROVAl
Approved' by the, City Council. Ci
Ordinonce Number ~___
. 2004.
--------------------
M?yor
, ~URVfYnR'S CFRTIFICATE
I, Stephen L. [hiers, being a R,
do hereby certify that this Plot
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Exhibit D
FORMER PITKIN COUNTY ZONING
3-40-080 AFR-2 AgriculturallForestry/Residential
A. Intent: The AFR-2, AgricnlturallForestry/Residential district, is intended to provide for a
moderate density, residential/agricultural transition zone for lands along the valley floor located
between the County's development centers and its rural, open land area. The district also contains
existing housing concentrations with densities exceeding those in surrounding areas.
B. Allowed Uses: The following uses are allowed as of right In the
Agricultural/Forestry/Residential (AFR-2) Zone District:
I. Accessory buildings and uses.
2. Animal production and husbandry services, other fann and agricultural uses (not including
commercial feed lots).
3. Bus stop.
4. Crop production.
5. Farm buildings.
6. Home occupations.
7. Parks, playground, playing fields.
8. Manufactured home.
9. Single-family dwelling units.
10. Single-family dwelling unit with a potential of up to, but not exceeding, fifteen thousand
(15,000) square feet of floor area.
II. Solar energy collectors (private use).
12. Trails.
C. Special Review Uses: The following uses are subject to special review:
] . Agriculture stands.
2, Caretaker dwelling units.
3. Cemeteries.
4. Churches.
5. Club houses or recreational buildings used in connection with and accessory to a permitted
outdoor recreational use.
6. Commercial firewood splitting, storage and sa.Ies.
7, Commercial kennels and veterinary clinics.
8. Commercial riding stables.
9. Community health facilities.
10. Day care centers.
II. Duplex dwelling units.
12. Employee dwelling units.
13. Golf courses.
]4. Mineral exploration/mining, concrete batch plants.
15. Nordic ski areas and support facilities.
16. Nursing, convalescent, rest, and retirement homes.
17. Outdoor recreational uses.
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I 8. Radio transmitting station.
19. Resort cabins.
20. Satellite reception devices.
21. Single-family dwelling nnit with more than fifteen thonsand (15,000) square feet of floor
area (transferable development rights are reqnired to exceed fifteen thonsand (15,000)
sq nare feet).
22. Schools/universities.
23. Sewage disposal areas/landfills/water plants.
24. Transferable development rights (TDRs).
25. Uses, activities and facilities permitted by special nse permit issued by Federal Agencies.
26, Water crossing and diversion.
D. Prohibited Uses: The following uses are prohibited m the AgriculturallForestry/Residential
(AFR-2) Zone District:
1. Airport.
2. Alpine ski areas and support.
3. Amusement and entertainment establishments.
4. Commercial automobile parking lots.
5. Commercial camping areas.
6. Dormitory housing.
7. Equipment supplies and contraction or subcontraction.
8. Essential government and public utility uses, facilities and services.
9. Financial institutions.
10. General services.
II. Guest ranches.
12. Hospitals.
13. Junk yards.
14. Logging.
15. Medical/dental clinics.
16. Mobile homes.
17. Motels, hotels, lodges.
18. Multi-family dwelling units.
19. Offices.
20. Personal service outlets: food stores, drug stores, post office substation, self-service
laundries, dry cleaning outlets and liquor stores; tile total space shall be limited to eighty
(80) square feet of gross leasable space per dwelling unit in the district.
21. Places for retailing of goods.
22. Professional offices.
23. Research facilities, indoors.
24. Research facilities, other.
25. Restaurants and bars.
26. Timesharing/fractional fees.
27. Uses not listed.
28. Vehicle and aircraft sales and service.
E. Dimensional Requirements: The following dimensional requirements shall apply to all permitted
and special review uses in the AgriculturallForestry/ Residential (AFR-2) Zone District:
1. Minimum lot area: two (2) acres.
2. Minimum lot area principal use: two (2) acres.
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3. Minimum front yard Setback: See Figure 3-1.
4. Minimum side yard setback: See Figure 3-1.
5. Minimum rear yard setback: See Figure 3-1.
6. Minimum lot width: two hundred feet (200').
7. Maximum height principal structures: twenty-eight feet (28').
8. Maximum height accessory structures: twenty feet (20').
9. Maximum Floor Area Ratio: Lot Size Allowable Square Feet Square Feet FAR of Floor
Area 0--25,000.13 .13:1 floor to lot area ratio up to a maximum of 3,250 sq. ft. of floor
area. 25,001--50,000 .093,250 sq. ft. of floor area, plus 9 sq. ft. of floor area for each
additional 100 sq. ft. in lot area up to a maximum of 5,500 sq. ft. of floor area. 50,001--
100,000.055,500 sq. ft. of floor area plus 5 sq. ft. of floor area for each additional 100 sq.
ft. in lot area np to a maximum of 8,000 sq. ft. of floor area. 100,000 + .0 I 8,000 sq. ft. of
floor area plus 1 sq. ft. of floor area for each additional 100 sq. ft. in lot area.
(Ord. 23-2002 At!. A, I (part); Ord. 99-36 At!. B (part))
~~-
EXHIBIT E
PROPOSED CITY OF ASPEN ZONING
26.710.220 Conservation (C).
A. Purpose. The purpose of the Conservation (C) zone district is to provide areas of low
density development to enhance public recreation, conserve natural resources, encourage
the production of crops and animals, and to contain urban development.
B. Permitted uses. The following uses are permitted as of right in the Conservation (C)
zone district:
1. Detached residential dwelling;
2. Park, playfield, playground and golf course;
3. Riding stable;
4. Cemetery;
5. Crop production, orchards, nurseries, flower production and forest land;
6. Pasture and grazing land;
7. Dairy;
8. Fishery;
9. Animal production;
10. Husbandry services (not including commercial feed lots) and other farm and
agricultural uses; ,
11. Railroad right-of-way but not a railroad yard;
12. Home occupations;
13. Accessory buildings and uses; and
14. Accessory dwelling units meeting the provisions of Section 26.520.040.
C. Conditional uses. The following uses are permitted as conditional uses in the
Conservation (C) district, subject to the standards and procedures established in Chapter
26.425.
1. Guest ranches;
2. Recreational uses including a riding academy, stable, club, country club and golf
course;
3. Ski lift and other ski facilities;
4. Sewage disposal area;
5. Water treatment plant and storage reservoir; and
6. Electric substations and gas regulator stations (not including business or
administration offices).
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Conservation (C) zone district.
1. Minimum lot size (acres): lO.
2. Minimum lot area per dwelling unit (acres): 10.
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3. Minimum lot width (feet): 400.
4. Minimum front yard setback (feet): lOO.
5. Minimum side yard setback (feet): 30.
6. Minimum rear yard setback (feet): 30.
7. Maximum height (feet): 25.
8. Minimum distance between principal and accessory buildings (feet): No
requirement.
9. Percent of open space required for building site: No requirement.
10. External floor area ratio: (applies to conforming and nonconforming lots of
record): same as R-15 zone district.
(Ord. No. 32-l999, S 2; Ord. No. 56-2000, SS 4, 7 (part), l4; Ord. No. 25-200l, SS 3, 5
(part))
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MEMORANDUM
TO:
THRU:
FROM:
RE:
Aspen Planning and Zoning Commission
Chris Bendon, Community Development Director eJAW)
Chris Lee~nner
Initial Aspen City Zoning of the SoldnerlBurlingame Ranch Parcell Annexation,
Public Hearing
DATE:
January 4, 2005
ApPLICANT /OWNERS: CITY OF ASPEN
LOCATION: The Soldner Property situated between Harmony Road to the west, Bar/X
Ranch to the east, and Stage Road to the south.
LOT SIZE: Parcel 1 (recently annexed portion that needs to be zoned) is 0.605 acres
PARCEL ID NUMBER: 273502300005
FORMER COUNTY ZONING: Agricultural/Forestry/Residential 2 - Planned Unit
Development (AFR2-PUD)
PROPOSED ZONING: Conservation (C)
CURRENT LAND USE: Parcel 1 is part of a private residential property owned by the
Soldner family.
PROPOSED LAND USE: The annexed section of the Soldner property is to be used as an
access way for Harmony Road that will provide ingress to Burlingame Village.
STAFF RECOMMENDATION: Approval
SUMMARY:
The Soldner Family, in agreement with the City of Aspen, petitioned to annex Parcel 1 into
the City in exchange for a similarly sized parcel, "Parcel 2" (also known as disconnected
parcel #l), that has been added to the northern side of their property. Parcel 2 has become
part of the Soldner's holdings and was de-annexed from the City jurisdiction. The primary
reason for this property exchange and annexation is to provide egress for an access road
(Harmony Road) to the Burlingame Village development.
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.
,......
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BACKGROUND:
Parcel 1 ofthe existing Soldner property was recently annexed into the City of Aspen by
Ordinance No. 33 (Series of2004) that came before the City Council on October 12,2004.
State statute requires the City to assign the property to the appropriate zone district( s) within
90 days of the final annexation.
PREVIOUS ACTION:
The Commission has not previously considered this rezoning request.
STAFF COMMENTS:
Staff has examined all options to make a recommendation about appropriate zoning of Parcel
1 of the Soldner/Burlingame Ranch. Based on examinations of the current zoning, land use
and zoning of surrounding areas and intended use of the parcel, Staff believes that Land Use
Code Section 26.710.220, Conservation (C), is the appropriate designation. The
Conservation section of the Aspen City Code has been included as Exhibit E.
STAFF RECOMMENDATION:
Staff finds that the proposed rezoning application meets or exceeds the requirements set forth
in Land Use Code Section 26.310.040, Amendments to the Land Use Code and Official Zone
District Map, to approve an amendment to the official zone district map. Review criteria and
Staff Findings have been included as Exhibit A. Staff recommends that the Planning and
Zoning Commission forward a recommendation of approval to City Council on the proposed
rezoning request.
Staff recommends that the Planning and Zoning Commission forward a recommendation
of approval to City Council for this property to be included in the Conservation (C) Zone
District, as described in the included resolution.
RECOMMENDED MOTION:
"1 move to approve Resolution No. ()3, Series of 2005, recommending that the City
Council approve the proposed rezoning to allow for Parcel 1 of the Soldner/Burlingame
Ranch, to be rezoned to the Affordable Housing/Planned Unit Development (AH/PUD) City
Zone District."
Attachments:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B - Site Map
Exhibit C - Plat Maps with Acreage and Survey Lines
Exhibit D - Pitkin County AFR-2 Zone Description
Exhibit E - City of Aspen Conservation Zone Description
2
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RESOLUTION NO. D3
(SERIES OF 2005)
RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING THAT CITY COUNCIL ASSIGN THE
SOLDNER/BURLINGAME RANCH ANNEXATION PARCEL NO.1 TO THE
CONSERVATION (C) ZONE DISTRICT.
PARCEL ID NUMBER: 273502300005
WHEREAS, a parcel of land situated in the Southwest V. of Section 2, Township
10 South, Range 85 West of the Sixth Principal Meridian, commonly referred to as
"Burlingame Ranch Annexation Parcel No. l" was annexed into the City of Aspen on
October 12, 2004 through Ordinance No. 33, series of2004; and,
WHEREAS, the property is approximately 0.605 "= acres, legally described
herein; and,
WHEREAS, the City Council of the City of Aspen must designate a zone district
for the property within 90 days of the annexation; and,
WHEREAS, pursuant to Section 26.3l0 of the Land Use Code (Amendment to
the Official Zone District Map), approval may be granted by the City Council at a duly
noticed public hearing after considering recommendations by the Planning and Zoning
Commission, the Community Development Director, and relevant referral agencies; and,
WHEREAS, the Community Development Department analyzed the parcel of
land and recommended that it be designated as Conservation (C) Zone District; and,
WHEREAS, the Planning and Zoning Commission conducted a duly noticed
public hearing on November 30, 2004 and found that the development review standards
for an Amendment to the Official Zoning Map have been met; and,
WHEREAS, the Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT RESOLVED that the Planning and Zoning Commission
recommends that the Aspen City Council make an Amendment to the Official Zoning
Map, so that the land commonly referred to as "Soldner/Burlingame Ranch Parcell", as
described below, be assigned to the Conservation (C) Zone District.
Soldner/Burlinl!ame Ranch - Parcel I Lel!al Description:
DESCRIPTION - BURLINGAME RANCH ANNEXATION PARCEL NO.1
A parcel of land situated in the Southwest Y. of Section 2, Township lO South, Range 85
West of the Sixth Principal Meridian, County of Pitkin, State of Colorado, said parcel
being more particularly described as follows:
Beginning at a point on the east line of the Burlingame Ranch as recorded in Plat Book 50
at Page 88 of the records of the Pitkin County Clerk and Recorder whence the West Y.
corner of said Section 2 bears N64014'l6"W a distance of 878.38 feet with all bearings
contained herein being relative to a bearing of N04 0 4l '19"E between the W Y. corner and
the Northwest corner of said Section 2; thence S86029'36"E along the boundary of said
Burlingame Ranch a distance of ll9.58 feet; thence S34004'47"W a distance of 4.13 feet
to the northeasterly corner of a parcel of land described on page 16 of Reception
#497592; thence along the easterly boundary of said parcel of land the following two (2)
courses, thence S 13054' 40"W a distance of 403.00 feet; thence S26019'05"W a distance
of27.92 feet to a point on said Burlingame Ranch boundary; thence NOl 002'37"W along
the boundary of said Burlingame Ranch a distance of 427.02 feet to the POINT OF
BEGINNING, containing 26.366 square feet or 0.605 acres, more or less.
APPROVED by the City of Aspen Planning and Zoning Commission at a regular
meeting on January 4,2005.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
City Attorney
Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
2
EXHIBIT A
REVIEW CRITERIA & STAFF FINDINGS
AMENDMENT TO THE OFFICIAL ZONING MAP OF THE SOLDNER PROPERTY
Section 26.92.020, Standards Applicable to Rezoning
In reviewing an amendment to the official zone district map, the Planning and Zoning
Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this
title.
STAFF FINDING: I DOES IT COMPLY? I YES
The proposed zoning is consistent with the Land Use Code and does not represent any
potential conflicts. This zoning provides the most congruent land use regulations with
those previously provided in Pitkin County and provides the most appropriate zoning
given the location, topography, access and expected future uses of the land. In addition,
the proposed rezoning application will not create any zoning non-conformities with
respect to the existing properties. Staff finds this criterion to be met.
B. Whether the proposed amendment is consistent with all elements of the Aspen Area
Comprehensive Plan.
STAFF FINDING: 1 DOES IT COMPLY? 1 YES
Staff believes that the proposed zoning is consistent with the Aspen Area Community
Plan. The future land use map in the AACP envisions this area as a locale for affordable
housing development with Conservation lands also designated. By zoning this as (C) it
will become land that supports this AACP designation and is consistent with the
surrounding lands that are already zoned (C). Staff finds this criterion to be met.
C. Whether the proposed amendment is compatible with surrounding zone districts and
land uses, considering existing land use and neighborhood characteristics.
STAFF FINDING: I DOES IT COMPLY? 1 YES
Yes, it is compatible with both the surrounding districts and land uses. Currently it
borders on land that is zoned (C). It is critical that this parcel be zoned the same way to
maintain the conservation status of the hill above the road.
D. The effect of the proposed amendment on traffic generation and road safety.
STAFF FINDING: I DOES IT COMPLY? 1 YES
The site has adequate access for the intended level of traffic. Staff does not expect any
degradation of road capacity due to this rezoning. In fact, this parcel was annexed, and
is being rezoned, specifically to provide for road construction.
E. Whether and the extent to which the proposed amendment would result in
Soldner Rezoning Staff Comments Page I
-"'""
demands on public facilities, and whether the extent to which the proposed
amendment would exceed the capacity of such facilities, including, but not
limited to, transportation facilities, sewage facilities, water supply, parks,
drainage, schools, and emergency medical facilities.
STAFF FINDING: 1 DOES IT COMPLY? I YES
There will not be an increase in the demand for public facilities as a result of the
pro Dosed zoning request.
F. Whether and the extent to which the proposed amendment would result in
significant adverse impacts on the natural environment.
STAFF FINDING: 1 DOES IT COMPLY? 1 YES
The proposed zoning application would provide a positive environmental impact due to
the Conservation designation. Staff finds this criterion to be met.
G. Whether the proposed amendment is consistent and compatible with the community
character in the City of Aspen.
STAFF FINDING: I DOES IT COMPLY? I YES
Staff believes that the proposed zoning application is consistent with the community and
neighborhood character of the area, in that the new zoning is similar to zoning in the
vicinity and does not, in and of itself, change the character of the area.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
ST AFF FINDING:
1 DOES IT COMPLY?
I YES
The City has a statutory obligation to provide this property with zoning within ninety
(90) days of the final annexation. The property was annexed into the City on October
l2, 2004. Therefore, the annexation itself produced the changed conditions (land
transferred from County to City) that warrant the proposed amendment. Staff finds this
criterion to be met.
I. Whether the proposed amendment would be in conflict with the public interest,
and is in harmony with the purpose and intent of this title.
STAFF FINDING: I DOES IT COMPLY? 1 YES
It is in the public interest to zone this parcel within ninety (90) days as required by
statutory obligations. This zoning does not pose any conflicts to the public interest and
actually furthers it, by contributing to the timelv development of Burlingame Village
Soldner Rezoning Staff Comments Page 2
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NOTES:
The purpose of this plat is to di
the City of Aspen by the plot fe
Pitkin County Clerk and Recorder
CITY OF A';PFN APPROVAL
Approved by the City Council. Ci
Ordinance Number ______
________' 2004.
--------------------
Mayor
SURVFYOR'S' CFRTlFICATE
J, Stephen L Ehlers, being a R,
do hereby certify that this Plot
Aspen was made under my su~
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Exhibit D
FORMER PITKIN COUNTY ZONING
3-40-080 AFR-2 Agricultural/ForestrylResidential
A. Intent: The AFR-2, Agricultural/Forestry/Residential district, is intended to provide for a
moderate density, residential/agricultural transition zone for lands along the valley floor located
between the County's development centers and its rural, open land area. The district also contains
existing housing concentrations with densities exceeding those in surrounding areas.
B. Allowed Uses: The following uses are allowed as of right m the
Agricultural/Forestry/Residential (AFR-2) Zone District:
I. Accessory buildings and uses.
2. Animal production and husbandry services, other farm and agricultural uses (not including
commercial feed lots).
3. Bus stop.
4. Crop production.
5. Farm buildings.
6. Home occupations.
7. Parks, playground, playing fields.
8. Manufactured home.
9. Single-family dwelling units.
10. Single-family dwelling unit with a potential of up to, but not exceeding, fifteen thousand
(15,000) square feet of floor area.
II. Solar energy collectors (private use).
12. Trails.
C. Special Review Uses: The following uses are subject to special review:
1. Agriculture stands.
2. Caretaker dwelling units.
3. Cemeteries.
4. Churches.
5. Club houses or recreational buildings used in connection with and accessory to a permitted
outdoor recreational use.
6. Commercial firewood splitting, storage and sales.
7. Commercial kennels and veterinary clinics.
8. Commercial riding stables.
9. Community health facilities.
10. Day care centers.
11. Duplex dwelling units.
12. Employee dwelling units.
13. Golf courses.
14. Mineral exploration/mining, concrete batch plants.
15. Nordic ski areas and support facilities.
16. Nursing, convalescent, rest, and retirement homes.
17. Outdoor recreational uses.
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18. Radio transmitting station.
19. Resort cabins.
20. Satellite reception devices.
21. Single-family dwelling unit with more than fifteen thousand (15,000) square feet of floor
area (transferable development rights are required to exceed fifteen thousand (15,000)
square feet).
22. Schools/universities.
23. Sewage disposal areas/landfills/water plants.
24. Transferable development rights (TDRs).
25. Uses, activities and facilities permitted by special use permit issued by Federal Agencies.
26. Water crossing and diversion.
D. Prohibited Uses: The following uses are prohibited In the Agricultural/Forestry/Residential
(AFR-2) Zone District:
I. Airport.
2. Alpine ski areas and support.
3. Amusement and entertainment establishments.
4. Commercial automobile parking lots.
5. Commercial camping areas.
6. Dormitory housing.
7. Equipment supplies and contraction or subcontraction.
8. Essential government and public utility uses, facilities and services.
9, Financial institutions.
10. General services.
II. Guest ranches.
12. Hospitals.
13. Junk yards.
14. Logging.
15. Medical/dental clinics.
] 6. Mobile homes.
17, Motels. hotels, lodges.
18. Multi-family dwelling units.
] 9. Offices.
20. Personal service outlets: food stores, drug stores, post office substation, self-service
laundries, dry cleaning outlets and liquor stores; the total space shall be limited to eighty
(80) square feet of gross leasable space per dwelling unit in the district.
21. Places for retailing of goods.
22. Professional offices.
23. Research faci I ities, indoors.
24. Research facilities, other.
25. Restaurants and bars.
26. Timesharing/fractional fees.
27. Uses not listed.
28. Vehicle and aircraft sales and service.
E. Dimensional Requirements: The following dimensional requirements shall apply to all permitted
and special review uses in the Agricultural/Forestry/ Residential (AFR-2) Zone District:
I, Minimum lot area: two (2) acres.
2. Minimum lot area principal use: two (2) acres.
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3. Minimum front yard Setback: See Figure 3-1.
4. Minimum side yard setback: See Figure 3-].
5. Minimum rear yard setback: See Figure 3-1.
6. Minimum lot width: two hundred feet (200').
7. Maximum height principal structures: twenty-eight feet (28').
8. Maximum height accessory structures: twenty feet (20').
9. Maximum Floor Area Ratio: Lot Size Allowable Square Feet Square Feet FAR of Floor
Area 0--25,000 .13.13:] floor to lot area ratio up to a maximum of3,250 sq. ft. of floor
area. 25,00]--50,000 .09 3,250 sq. ft. of floor area, plus 9 sq. ft. of floor area for each
additional 100 sq. ft. in lot area up to a maximum of 5,500 sq. ft. of floor area. 50,00]--
100,000 .05 5,500 sq. ft. of floor area plus 5 sq. ft. of floor area for each additional 100 sq.
ft. in lot area lip to a maximllm of 8,000 sq. ft. of floor area. 100,000 + .018,000 sq. ft. of
floor area pillS I sq. ft. of floor area for each additional 100 sq. ft. in lot area.
(Ord. 23-2002 Art. A, I (part); Ord. 99-36 Art. B (part))
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EXHIBIT E
PROPOSED CITY OF ASPEN ZONING
26.710.220 Conservation (C).
A. Purpose. The purpose of the Conservation (C) zone district is to provide areas of low
density development to enhance public recreation, conserve natural resources, encourage
the production of crops and animals, and to contain urban development.
B. Permitted uses. The following uses are permitted as of right in the Conservation (C)
zone district:
1. Detached residential dwelling;
2. Park, playfield, playground and golf course;
3. Riding stable;
4. Cemetery;
5. Crop production, orchards, nurseries, flower production and forest land;
6. Pasture and grazing land;
7. Dairy;
8. Fishery;
9. Animal production;
10. Husbandry services (not including commercial feed lots) and other farm and
agricultural uses;
11. Railroad right-of-way but not a railroad yard;
l2. Home occupations;
13. Accessory buildings and uses; and
14. Accessory dwelling units meeting the provisions of Section 26.520.040.
C. Conditional uses. The following uses are permitted as conditional uses in the
Conservation (C) district, subject to the standards and procedures established in Chapter
26.425.
1. Guest ranches;
2. Recreational uses including a riding academy, stable, club, country club and golf
course;
3. Ski lift and other ski facilities;
4. Sewage disposal area;
5. Water treatment plant and storage reservoir; and
6. Electric substations and gas regulator stations (not including business or
administration offices).
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Conservation (C) zone district.
1. Minimum lot size (acres): 10.
2. Minimum lot area per dwelling unit (acres): 10.
.<------.,._-,~.~~".~--
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3. Minimum lot width (feet): 400.
4. Minimum front yard setback (feet): 100.
5. Minimum side yard setback (feet): 30.
6. Minimum rear yard setback (feet): 30.
7. Maximum height (feet): 25.
8. Minimum distance between principal and accessory buildings (feet): No
requirement.
9. Percent of open space required for building site: No requirement.
10. External floor area ratio: (applies to conforming and nonconforming lots of
record): same as R-15 zone district.
(Ord. No. 32-l999, S 2; Ord. No. 56-2000, SS 4, 7 (part), 14; Ord. No. 25-200l, SS 3, 5
(part))
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The Cill' of USPtfl
Gi1l' UlIOmey'!! Ollice
TO:
Mayor and Members of Council
FROM:
John p, Worcester
DATE:
October 12, 2004
RE:
Ordinance No. 34, Series of 2004, to Disconnect Certain Lands from the
Boundary of the City of Aspen - Soldner/Burlingame Ranch.
Attached for your consideration and review is a proposed ordinance that, if approved, would
disconnect certain parcels from the boundary of the City of Aspen.
The parcels proposed for disconnection are described and depicted on the attached plat. The
parcels were created by an error in the original Burlingame Ranch Annexation and two parcels of
land recently conveyed to the Soldners in exchange for other property needed for the
construction of the westerly access road to the Burlingame Affordable Housing Village.
State law authorizes City Council to adopt an ordinance to disconnect lands that are within and
adjacent to the boundary of the City of Aspen upon the filing of an application by the property
owners and a finding of the City Council that the best interests of the City would not be
prejudiced by the approval of the disconnection.
The attached proposed ordinance contains the requisite findings and, if adopted, would
disconnect the parcels from the boundary of the City of Aspen.
If you have any questions regarding this matter, please contact me.
REQUESTED ACTION: Approval of Ordinance No. 34, Series of2004, on second reading.
CITY MANAGER'S COMMENTS:
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The ailY orAspen
OilY AlIOtner'1 Omce
TO:
Mayor and Members of Council
FROM:
John P. Worcester
DATE:
October 12, 2004
RE:
Soldner/Burlingame Ranch Annexation - Ordinance No. 33, Series of 2004
- Public Hearing and Second Reading
Attached for your consideration and review is a proposed ordinance which, if adopted, would
annex newly acquired property from the Soldner family to the City of Aspen. This matter is
before you for Second Reading and a Public Hearing.
The Soldner/Burlingame property is adjacent to the City-owned Burlingame Ranch property. It
was conveyed by the Soldner family to the City in exchange for property conveyed by the City to
the Soldners to facilitate the construction of the access road to the Burlingame Affordable
Housing project on the westerly alignment.
The petition for annexation was filed with the City Clerk on July 22, 2004. On July 26, 2004,
City Council adopted a resolution finding substantial compliance with Section 3l-l2-107(1),
C.R.S. A public hearing was held on September 13, 2004, at which time Council determined that
the proposed annexation was in compliance with ~~ 3l-l2-l04 and 3l-l2-l05, C.R.S.
City staff will be present at the public hearing on second reading to answer any questions you
might have on the proposed annexation and potential impacts the annexation will have on City
operations.
The decision to annex property to the City is a legislative act and is entirely within your
discretionary powers. You may annex, or not, for any reason, or no reason at all. Be advised,
however, that the City Council did agree to a Pre-Annexation Agreement with the applicant.
ACTION REQUIRED: Approval of Ordinance No. 33, Series of 2004, on First Reading.
1
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: 5o/&w.e.JI'/ AIAV/'\A!3nmp 2~J~dko
SCHEDULED PUBLIC HEARING DATE: _, /1 () / (;) S ,200
/ f - -
STATE OF COLORADO )
) SS.
County of Pitkin )
I, ~ C. \AA'e.~ L; 1/\.01}- (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby. personally.
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
k Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
_ Posting of notice: By posting of notice, which form was obtained from th~
Communj~Y' Development Department, which was made of suitable,
waterpro;fn'\~terials, which was not less than twenty-two (22) inches wide)
and twenty-s~ (26) inches high, and which was composed ofletters not
less than 01lj:,~ch in height. Said notice was posted at least fifteen (15) days
prior to ~'pUblic hearing and was continuously visible from the _ day of
, , 200_, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
_ Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, municipal governm~nt,
school, service district or other governmental or quasi-governmental agen,\y that
owns property within three hundred (300) feet of the property subject to tIre
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
1
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
#!.dfA ~ ':ct'~
gnature
The foregoing "Affidavit of Notice" was acknoWledge~o:e ~~~7day
of CD~. , 200.'-:t., by -:::::')~<.. :l
WITNESS MY HAND AND OFFICIAL SEAL
'f/.;b
C NOTICE -
RE: INITIAL ZON OF 1lIE SOlDNER; BURlJN.
GAME RANCH P llfAT WAS ANNEXED
INTO TIfE CITY ASPEN BY ORDINANCE NO 3J
(SERIES OF. 20(4) OF THE CITY COUNcn. 'ON
10/12/04. .
NOTICE l'i HEREBy GIVEN that a public hearing
will be held on Monday, January 10, 2005, at a
meeting to begin at 5:00 p.m. before the Aspen
~Ity Counc1l, Aspen City Chambers, City Hall, 130
. Galena St., Aspen, to consider an application
:~:~~ed by, A~_~~ of Aspen, requesting that I
IleJ' ........uupu.e Ranch Property that was.
annexed into the City 01 Aspen to lacllJtate the '
constructlon of the access rqad to the Burlin-
game Affordable Housing project, be %Oned as
Aff/PUDc and that appropriate modUtcatlolUl be '
made to tbe ofDdaJ City Zone District Map The
parceJ is located adjacent to.Lot I, Burll~game
Ranch Subdivision and Is commonly lmOWll
~erl Burlingame Ranch Pan:el. _ Contact t::
:_~I~ Development I:lepartment for a metes
UUUlIQS description of this property;
~:. further Infonnat~contact Chris i...ee at the
-~ of Aspen Iy Development Depart
\ ment, 130 S. Galena ., Aspen, CO, 970.429.275~
(or by emalI at chrlsl .aspen.CO.UI).
81H en Kalin KIandelud, Mayor
Aspen CltyCoundJ
Published In The Aspen 11mes on Dee ber
2004. (2249) em 25, \
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My commission expires:
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Notary Public
ATTACHMENTS:
COPY OF THE PUBLICATION
~RAPH OF THE POSTED NOTICE (SIGN)
~ AND GOVERNMENTAL AGENCIES NOTICED
~ RYMAIL
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MEMORANDUM
TO:
THRU:
Aspen PlanniM and Zoning Commission
Joyce Allgiiilr:'~ommunity Development Director
FROM: Chris Lee, Planner
lJt-J,
RE: Rezoning of the Soldner/Burlingame Ranch Annexation, Public Hearing
DATE: November 30, 2004
ApPLICANT /OWNERS: CITY OF ASPEN
LOCATION: The Soldner Property situated between Harmony Road to the west, Bar/X
Ranch to the east, and Stage Road to the south.
LOT SIZE: Parcell (the recently annexed portion that needs rezoning) is 0.605 acres
PARCEL ID NUMBER: 273502300005
CURRENT ZONING: Agricultural/Forestry/Residential2 - Planned Unit Development
(AFR2-PUD)
PROPOSED ZONING: Affordable Housing/Planned Unit Development (AH/PUD)
CURRENT LAND USE: Parcel 1 is part of a private residential property owned by the
Soldner family.
PROPOSED LAND USE: The annexed section of the Soldner property is to be used as the
access way for Harmony Road that will provide ingress to Burlingame Village.
STAFF RECOMMENDATION: Approval
SUMMARY:
The Soldner Family, in agreement with the City of Aspen, petitioned to annex Parcel 1 into
the City in exchange for a similarly sized parcel added to the northern side of their property.
That piece will become part of the Soldner's holdings and will be annexed into Pitkin
County. The primary reason for this property exchange and annexation is to provide an
access road (Harmony Road) to the Burlingame Village development.
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:
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Parcel 1 of the existing Soldner property was recently annexed into the City of Aspen by
Ordinance No. 33 (Series of 2004) that came before the City Council on October l2, 2004.
State statute requires the City to assign the property to the appropriate zone district(s) within
90 days of the final annexation
PREVIOUS ACTION:
The Commission has not previously considered this rezoning request.
STAFF COMMENTS:
Staff has examined all options to make a recommendation about appropriate zoning of Parcel
1 of the Soldner/Burlingame Ranch. Based on examinations of the current zoning, land use
and zoning of surrounding areas and intended use of the parcel, Staff believes that Land Use
Code Section 26.710.110, Affordable Housing/Planned Unit Development (AH/PUD), is the
appropriate designation. Review criteria and Staff Findings have been included as Exhibit A.
A site map is provided as Exhibit B.
ST AFF RECOMMENDATION:
Staff finds that the proposed rezoning application meets or exceeds the requirements set forth
in Land Use Code Section 26.3l0.040, Amendments to the Land Use Code and Official Zone
District Map, to approve an amendment to the official zone district map. Staff recommends
that the Planning and Zoning Commission forward a recommendation of approval to City
Council on the proposed rezoning request.
Staff recommends that the Planning and Zoning Commission forward a recommendation
of approval to City Council for this property to be included in the Affordable
Housing/Planned Unit Development (AH/PUD) Zone District, as described in the included
resolution.
RECOMMENDED MOTION: 3C1'
"I move to approve Resolution No. ~, Series of 2004, recommending that the City
Council approve the proposed rezoning to allow for Parcel 1 of the Soldner/Burlingame
Ranch, to be rezoned to the Affordable Housing/Planned Unit Development (AH/PUD) City
Zone District."
Attachments:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B - Map (Annexation Parcell)
Exhibit C - Map (Parcel that will be exchanged for Parcell)
2
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RESOLUTION NO. 3....i
(SERIES OF 2004)
RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING THAT CITY COUNCIL REZONE THE
SOLDNER/BURLINGAME RANCH ANNEXATION PARCEL NO. I TO THE
AFFORDABLE HOUSING/PLANNED UNIT DEVELOPMENT (AH/PUD) ZONE
DISTRICT.
PARCEL ID NUMBER: 273502300005
WHEREAS, a parcel of land situated in the Southwest II. of Section 2, Township
lO South, Range 85 West ofthe Sixth Principal Meridian, commonly referred to as
"Burlingame Ranch Annexation Parcel No. l" was annexed into the City of Aspen on
October l2, 2004 through Ordinance No. 33, series of2004; and,
WHEREAS, the property is approximately 0.605 '"' acres, legally described
herein; and,
WHEREAS, the City Council of the City of Aspen must designate a zone district
for the property within 90 days of the annexation; and,
WHEREAS, pursuant to Section 26.310 of the Land Use Code (Amendment to
the Official Zone District Map), approval may be granted by the City Council at a duly
noticed public hearing after considering recommendations by the Planning and Zoning
Commission, the Community Development Director, and relevant referral agencies; and,
WHEREAS, the Community Development Department analyzed the parcel of
land and recommended the property be designated Affordable HousinglPlanned Unit
Development (AH/PUD) Zone District; and,
WHEREAS, the Planning and Zoning Commission conducted a duly noticed
public hearing on November 30, 2004 and found that the development review standards
for an Amendment to the Official Zoning Map have been met; and,
WHEREAS, the Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT RESOLVED that the Planning and Zoning Commission
recommends that the Aspen City Council make an Amendment to the Official Zoning
Map, so that the land commonly referred to as "Soldner/Burlingame Ranch Parcell", as
described below, be categorized as an Affordable Housing/Planned Unit Development
(AH/PUD) Zone District.
Soldner/Burlinl!ame Ranch - Parcell Lel!al Description:
DESCRIPTION - BURLINGAME RANCH ANNEXATION PARCEL NO. I
.
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A parcel ofland situated in the Southwest V. of Section 2, Township lO South, Range 85
West of the Sixth Principal Meridian, County of Pitkin, State of Colorado, said parcel
being more particularly described as follows:
Beginning at a point on the east line of the Burlingame Ranch as recorded in Plat Book 50
at Page 88 of the records of the Pitkin County Clerk and Recorder whence the West ';"
corner of said Section 2 bears N640l4' 16"W a distance of 878.38 feet with all bearings
contained herein being relative to a bearing ofN04041 'l9"E between the W V. corner and
the Northwest corner of said Section 2; thence S86029'36"E along the boundary of said
Burlingame Ranch a distance of 119.58 feet; thence S34004'4T'W a distance of 4.13 feet
to the northeasterly corner of a parcel of land described on page l6 of Reception
#497592; thence along the easterly boundary of said parcel of land the following two (2)
courses, thence S13054'40"W a distance of 403.00 feet; thence S26019'05"W a distance
of27.92 feet to a point on said Burlingame Ranch boundary; thence NOl o02'3T'W along
the boundary of said Burlingame Ranch a distance of 427.02 feet to the POlNT OF
BEGINNING, containing 26,366 square feet or 0.605 acres, more or less.
APPROVED by the City of Aspen Planning and Zoning Commission at a special
meeting on November 30, 2004.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
Jasmine Tygre, Chair
City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
2
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EXHIBIT A
REVIEW CRITERIA & STAFF FINDINGS
AMENDMENT TO THE OFFICIAL ZONING MAP OF THE SOLDNER PROPERTY
Section 26.92.020, Standards Applicable to Rezoning
In reviewing an amendment to the official zone district map, the Planning and Zoning
Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this
title.
STAFF FINDING: 1 DOES IT COMPLY? 1 YES
The proposed zoning is consistent with the Land Use Code and does not represent any
potential conflicts. This zoning provides the most congruent land use regulations with
those previously provided in Pitkin County and provides the most appropriate zoning
given the location, topography and access. In addition, the proposed rezoning
application will not create any zoning non-conformities with respect to the existing
properties. Staff finds this criterion to be met.
B. Whether the proposed amendment is consistent with all elements ofthe Aspen Area
Comprehensive Plan.
STAFF FINDING: I DOES IT COMPLY? 1 YES
Staff believes that the proposed zoning is consistent with the Aspen Area Community
Plan. The future land use map in the AACP envisions this area as a locale for affordable
housing development. By zoning this as AH/PUD it will become land that supports this
AACP designation and is consistent with the proposed Burlingame Village affordable
housing development. Staff finds this criterion to be met.
C. Whether the proposed amendment is compatible with surrounding zone districts and
land uses, considering existing land use and neighborhood characteristics.
STAFF FINDING: I DOES IT COMPLY? I YES
Yes, it is compatible with both the surrounding districts and land uses. Currently it
borders on land that is zoned AH/PUD. 11 is critical that this parcel be zoned the same
way to accommodate the access road to Burlingame Village.
D. The effect ofthe proposed amendment on traffic generation and road safety.
STAFF FINDING: -I DOES IT COMPLY? I YES
The site has adequate access for the intended level of traffic. Staff does not expect any
degradation of road capacity due to this rezoning. In fact, this parcel was annexed, and
is being rezoned, specifically to provide for road construction.
E. Whether and the extent to which the proposed amendment would result in
Soldner Rezoning Staff Comments Page I
.
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demands on public facilities, and whether the extent to which the proposed
amendment would exceed the capacity of such facilities, including, but not
limited to, transportation facilities, sewage facilities, water supply, parks,
drainage, schools, and emergency medical facilities.
STAFF FINDING: DOES IT COMPLY? YES
There will not be an increase in the demand for public facilities as a result of the
roposed rezonin re uest.
F. Whether and the extent to which the proposed amendment would result in
significant adverse impacts on the natural environment.
STAFF FINDING: 1 DOES IT COMPLY? 1 YES
The proposed rezoning application would not result in significant adverse impacts on the
environment. Staff finds this criterion to be met.
G. Whether the proposed amendment is consistent and compatible with the community
character in the City of Aspen.
STAFF FINDING: 1 DOES IT COMPLY? T YES
Staff believes that the proposed rezoning application is consistent with the community
and neighborhood character of the area, in that the new zoning is similar to zoning in the
vicinity and does not, in and of itself, change the character of the area.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
STAFF FINDING:
I DOES IT COMPLY?
1 YES
The City has a statutory obligation to provide this property with zoning within ninety
(90) days of the final annexation. The property was annexed into the City on October
l2, 2004. Therefore, the annexation itself produced the changed conditions (land
transferred from County to City) that warrant the proposed amendment. Staff finds this
criterion to be met.
I. Whether the proposed amendment would be in conflict with the public interest,
and is in harmony with the purpose and intent ofthis title.
STAFF FINDING: I DOES IT COMPLY? 1YES
It is in the public interest to zone this parcel within ninety (90) days as required by
statutory obligations. This zoning does not pose any conflicts to the public interest and
actually furthers it, by contributing to the timely development of Burlingame Village
Soldner Rezoning Staff Comments Page 2
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ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: C:;lJ/ d fA fC/~/ BI/II/I, 'Vi.g0/A1P',ArJ./2/;,-I;
SCHEDULED PUBLIC HEARING DATE: I ! I t;1/ ()Lf ,200_
t
STATE OF COLORADO )
) SS.
County of Pitkin )
I, ,,~; U1 P...s. L..,t ~ J J-- (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
,~ Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the _ day of
, 200_, to and including the date and time of the public
hearing. A photograph of the posted notice (.\'ign) is attached hereto,
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or quasi-govemmental agency that
owns property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
The foregoing "Affidavit of Notice" was acknowledged before me this! 8 day
of Nov.. ,200.!j, by ~S )-.,\~
L PUBLIC NOTICE
RE:REZONING OF THEt S~LDNERlBURLINGAME
RANCH PROPERTY mAlf WAS ANNEXED INTO
THE CITY OF ASPEN ' ORDINANCE NO. 33
(SERIES OF 2004) OF THE CITY COUNCIL ON
10/12104.
NOTICE IS HERBY GIVING that a public hearing wiIJ be held
on Tuesday, November 30. 2004, at a a meeting to begin at 4:30
p.m. before the Aspen Planning and Zoning Commission. sister
Cities Room, City Hall, 130 S. Galena St.. Aspen. to consider an
application submitted by The City of Aspen, requesting that the
SoldnerlBurlingame Ranch Property that was annexed into the City
of Aspen to facilitate the construction of the access road to the
Burlingame Affordable Housing project, be ;zoned as AHlPUD. and
the appropriate modifications be mad to official City zone District
Map. The parcel is located adjacent to Lot I. Burlingame Ranch
Subdivision and is coirqnonly known as SoldnerIBurlingarne
Ranch Parcel.
For further information, contact Chris Lee at the City of Aspen
Community Development Department, 130 S. Galena St., Aspen,
CO (970) 920-5095, (or by email atchrisl@ci.aspen.co.us).
~p.lp.n Kalin Khll1denld M.vor
Aspen CityCouilcil
Published in the Aspen Times on November 12,2004
City of Aspen Account
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THE CITY OF ASPEN
Cb-ua.d~~Ji
~nature
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: L{ 1;;;>-3 /-o::r
Notary Public
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