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HomeMy WebLinkAboutLand Use Case.RZ.Burlingame Ranch.A037-99 '�''� t uy 3 t� // ¢ate ; y gl, '•• v; ; a ip� ",". , ,1.4 \\has" y �c, ` 2735 024 09851 „y 4/13/99 -t _ e ,037 9 s t • ° Burlingame Ranch Ini : Rezoning �/j/ Chris Bendon 1 ° Burlingame Ranch /EASE. Rezoningti= R6' City of Aspen/Coin D ,,,„ '4' ® M 4 ,'>n � � .Doti... ..c ` • . none ,r jA ,", - ..s. „%/%01/.'.7i #., „,.... -:.,„ %/� Y... Fyn..,..: �\ .;� „, /ir-,, %/%%/////e,fj%�'- ;`" i ii '7%/// " r , .1 , 'v" Rf;, is a .. - /, \ hF\ nY,K Y.\ k k. 2 <,. 1 dew,. J N J� t W> \. :,t'�°�S3• �� -"'� � .���'S E N„: it � � ORDINANCE NO.25 (SERIES OF 1999) AN ORDINANCE OF THE CITY COUNCIL,OF THE CITY OF ASPEN, COLORADO,ASSIGNING LOT#1,BURLINGAME RANCH SUBDIVISION, TO THE CONSERVATION (C) AND RURAL RESIDENTIAL (RR) ZONE DISTRICTS. PARCEL NO. 2735-031-00-805 WHEREAS, a parcel of land located on either side of State Highway 82 at the Owl Creek Road intersection, commonly referred to as"Burlingame Ranch" was annexed into the City of Aspen on May 10, 1999,pursuant to Ordinance No. 16, Series of 1999; 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 Ordinance Number 23, Series of 1999,the land was subdivided into two lots, the Burlingame Ranch Subdivision, and Lot#2 of said Subdivision was included in the Residential Multi-Family (RMF-A)Zone District; and, WHEREAS, Lot#1 of the Burlingame Ranch Subdivision is legally described in Exhibit A, WHEREAS,the City Council may approve Amendments to the Official Zone District Map (Rezoning) after taking and considering recommendations from the Community Development Director, the Planning and Zoning Commission made at a duly noticed public hearing, and taking and considering public testimony at a duly noticed public hearing in conformance with the review criteria set forth in Section 26.92; and, WHEREAS,the Community Development Department analyzed Lot#1 of the Burlingame Ranch Subdivision and recommended the property be included in the Conservation (C) and Rural Residential (RR) Zone Districts; and, WHEREAS, during a duly noticed public hearing Dn June 1, 1999,the Planning and MEI M c Zoning Commission took and considered public testimony and recommended, by a six to one > vote (6-1), City Council include this property in the Conservation (C) and Rural Residential wiz N z (RR) Zone Districts; and, s .>3 WHEREAS,the boundaries for said zone district designations are described herein; o NMI--o Z and, Z Y «�. WHEREAS, City Council reviewed and considered the recommendations of the NMI.�. Community Development Director and the Planning and Zoning Commission during a duly o m noticed public hearing; and, mom- W. Z WHEREAS,the City Council finds that the Conservation(C)and Rural Residential MEM M (RR)Zone Districts, as applied to Lot#1 of the Burlingame Ranch Subdivision with the a m m boundaries described herein,are the most appropriate zoning classifications for this property, c meeting or exceeding all applicable standards, and consistent with the goals and elements of the - m Aspen Area Community Plan; and, '="C•4 WHEREAS,the City Council fmds that this Ordinance furthers and is necessary for Cr the promotion of public health, safety, and welfare. NMI N in -10 'd1 Gs- 1••• o Ordinance No.25, Series of 1999. Page 1 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO,THAT: Section 1: The Official Zone District Map of the City of Aspen shall be amended by the Community Development Director to reflect Lot#1, Burlingame Ranch Subdivision, as described in Section 2, as included in the Conservation (C) and Rural Residential (RR) Zone Districts. The Community Development Director shall use the survey descriptions contained in Section 2 as the basis for determining the zoning boundaries. Section 2: Burlingame Ranch Subdivision Lot#1 Legal Description: Lot#1 of the Burlingame Ranch Subdivision is legally described as a tract of land located in the west 1/2 of section 2, Section 3, and the northwest 1/4 of the northwest 1/4 of Section 2, all in T1OS, R85W of the 6th P.M., Pitkin County, Colorado, more fully described in Exhibit A. - Land to be included in the Rural Residential(RR) Zone District: Land to be included in the Rural Residential Zone District shall include: 1. The portion of Burlingame Ranch residing east of State Highway 82 and commonly referred to the "bowl" and legally described as land located in the west '/2 of Section 2 T1OS, R85W of the 6th P.M., Pitkin County, Colorado, more fully described in Exhibit B as "Parcel A." 2. The portion of Burlingame Ranch residing east of State Highway 82 and south of the Aspen Airport Business Center, legally described as land located in the northeast 1/4 of Section 3, T1OS, R85W of the 6th P.M.,Pitkin County, Colorado, more fully described in Exhibit B as "Parcels C & D." �,•�o Land to be included in the Conservation (C) Zone District: _ Land to be included in the Conservation Zone should include: 1■N z The entire portion of Lot#1, Burlingame Ranch Subdivision, as described in Exhibit M A, excluding the lands described in Exhibit B intended for the Rural Residential o- Z Zone District. - - M V Y Land Within Road Rights-of-Way: m All land within State Highway 82 and other public street rights-of-way shall be _o• zoned consistent with the City Zone District designation of the adjacent parcel. In mom-a Z the event the right-of-way is bordered by two different City zone districts, the center line shall become the zoning boundary. In the event the right-of-way is bordered MIN GI m entirely by parcels in Pitkin County jurisdiction,the zoning for that area of the right- of of-way shall be consistent with the City Zone District designation of the parcel in closest proximity. IME N Section 3: N This Ordinance shall not effect any existing litigation and shall not operate as an 1 abatement of any action or proceeding now pending under or by virtue of the ordinances �° repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Ordinance No.25, Series of 1999. Page 2 1 • 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: That the City Clerk is directed, upon the adoption of this Ordinance, to record among the real estate records of the Pitkin County Clerk and Recorder a copy of this Ordinance. Section 6: A public hearing on the Ordinance was held on the 12th day of July, 1999, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED,READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 14th day of June, 1999. Attest; -k flf •SP-.'"%, 1%1 • . _ ar, ock City Clerk Rac el Richards,Mayor o FINALLY,adopted,passed and approved this / . day of , 999. AA! wP Kathryn S: nth,City Clerk Rac el Richards,Mayor Approved as to form: I 111111 11111 111111 11111 111111 1111 111111 III 11111 1111 1111 437962 11/23/1999 09:55A ORDINANC DAVIS SILVI 3 of 9 R 45.00 D 0.00 N 0.00 PITKIN COUNTY CO City Attor'ey Exhibit A-- Legal Description of Lot#1, Burlingame Ranch Subdivision Exhibit B --Legal Descriptions for Zoning Boundaries Ordinance No.25, Series of 1999. Page 3 '' 2�, � I V'^1�S d Iga°i E.-Ictst17■1-- f ' BURLINGAME RANCH SUBDIVISION C X w-- of and L*49 �bttrlK �. BURLINGAME SEASONAL HOUSING PROJECT P,U,D E Wt1/41tsicr- IH P.M. CONTEXT PLAT NMN' I EOAL DESCRIPTION I EON DESCRIPTION(FONT j BURLINGAME RANCH LOCATED IN THE 91/2 OF SECTION 2.SECTION 3 AND THE N16/4 OF THE 661/4 OF SECTION II,ALL;N TIDS,R85W OF THENCE N89•56'00•W 1227.60 FEET ALONG THE SOUTH LINE OF THE 6TH P.M.,PITKIN COUNTY,COLORADO,DESCRIBED AS FOLLOWS GOVERNMENT LOT ID TO THE SOUTHWEST CORNER THEREOF; THENCE 501'34'00"W,23.47 FEET ALONG THE EAST LINE OF COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 3 FROM WHICH GOVERNMENT LOT 21 IN SAID SECTION 3 TO THE NORTHEAST CC THE 0/4 CORNER OF SAID SECTION 3 BEARS S03•54'00•W.THENCE THAT TRACT OF LAND AS DESCRIBED IN DEES RECORDED IN 60 503'54'00'W,60.83 FEET ALONG THE EAST UNE OF THE 60/4 OF PAGE 154 OF THE RECORDS OF PITKIN COUNTY.COLORADO; SAID SECTION 3 TO THE SOUTHEASTERLY UNE OF THAT TRACT OF LAND AS THENCE S89.41'00'W,206.33 FEET ALONG THE NORTHERLY UNE DESCRIBED IN DEED RECORDED IN BOOK 243 AT PACE 773 OF THE RECORDS THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 225 AT PA OF PITKIN COUNTY,COLORADO,AND THE TRUE POINT OF RFCINNING; THENCE N26'S330'W,1216.83 FEET; THENCE CONTINUING S03'54'00'W,1257.19 FEET ALONG THE EAST LINE THENCE N38'07'00'W,144404 FEET: OF THE 60/4 OF SAID SECTOR 3 TO THE NORTHWEST CORNER OF THENCE NO7'I0'10'W 1488.39 FEET TO THE NORTH LINE OF THE GOVERNMENT LOT 6 IN SAID SECTION 2: OF SAID SECTION 3; , THENCE S89•08'49•E,902.74 FEET KONG THE NORTH LINE OF SAID THENCE N89•S6'00•E 618.12 FEET ALONG THE NORTH UNE OF I GOVERNMENT LOT 6 TO THE WESTERLY UNE OF THAT TRACT OF LAND AS NWI/4 OF SAID SECTION 3 TO THE NORTHWEST CORNER OF TH A • DESCRIBED IN DEED RECORDED IN BOOK 351 AT PAGE 144 OF THE RECORDS LAND AS DESCRIBED IN DEED RECORDED IN BOOK 335 AT PAGE OF PITKIN COUNTY,COLORADO; RECORDS OF PITKIN COUNTY.COLORADO; THE FOLLOWING COURSES AND DISTANCES ARE ALONG THE WESTERLY LINE THE FOLLOWNG COURSES AND DISTANCES ARE ALONG THE SOU OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 351 AT PACE 144: UNE OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 33 THENCE 91•S6'08•W 109.12 FEET; 369•. 1 THENCE 502.19'31'W,688.34 FEET; THENCE S.31/22.29•E.17.25 FEET; I THENCE SOO•0992•E,57.52 FEET; THENCE S27,4112'E.282.96 FEET; -......-.- THENCE S24'33'30"E 90.25 FEET; THENCE 52TN'STE,276.68 FEET; THENCE 523'06'36'E,294,29 FEED, THENCE S27'12'27"E,186.22 FEET; N-- THENCE 99•0016•E.60.14 FEET; THENCE 524.23'50•E 51.90 FEET; I THENCE SG•I3'45•E 243.16 FEET; THENCE 521'34'04`E,53.59 FEET; THENCE 502•09'17'W THE,165.45 FEET TO TI NORTH LINE OF THAT THENCE 519T9'41•E,102.13 FEET; M TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN BOOK 181 AT THENCE 519.20'26"E,127.95 FEET; I PAGE 320 OF THE RECORDS OF POTION COUNTY,COLORADO; THENCE S19.39'27"E,169.52 FEET; CO BOOK 7,y THENCE LEAVING THE WESTERLY UNE OF THAT TRACT OF LAND AS THENCE 520.35'30T,125.21 FEET; PACE I44 I DESCRIBED IN SAID BOOK 351 AT PAGE 144,N87'13'00•W,324.69 THENCE S23'31'48'E.123.79 FEET; FEET ALONG THE NORTHERLY UNE OF THAT TRACT OF LAND AS DESCRIBED THENCE 525'S4'S6'E,254.98 FEET; IN SAID BOOK OBI AT PAGE 320 TO THE NORTHWEST CORNER THEREOF; THENCE S29•09'23•E 154.34 FEET TO THE SOUTHWEST CO I THENCE SO•46'OD•E,610.40 FEET ALONG THE WEST UNE OF THAT THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 335• -M Q Um.TRACT OF LAND AS DESCRIBED IN SAID BOOK 19 AT PAGE 320 TO THE 369; ......■ V 17 SOUTHWEST CORNER THEREOF; THENCE LEAVING THE SOUTHWESTERLY UNE OF THAT TRACT OF OT I THENCE S85•27'06•E,292.75 FEET ALONG THE SOUTH UNE OF THAT DESCRIBED IN SAID BOOK 335 AT PAGE 369,N69'17'OB"E,4.95 =J TRACT OF LAND AS DESCRIBED IN SAID BOOK 181 AT PAGE 320; ALONG THE SOUTHEASTERLY UNE OF THAT TRACT OF LAND AS B'7 N THENCE SO4•46'S0•W,66.81 FEET TO THE NORTHERLY UNE OF MAROON IN SAID BOO(335 AT PAGE 369 TO THE NORTHEASTERLY UNE MIN z N I CREEK CLUB SUBDIVISION(NORTH)ANNEXATION(NORTH PARCEL).AN TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN 5001(16 Z ANNEXATION MM'RECORDED IN PLAT BOOK H AT PAGE 77 OF THE RECORDS 321 OF THE RECORDS OF PITKIN COUNTY,COLORADO; �...N= IOF PITKIN COUNTY.COLORADO; THE FOLLOWING COURSES AND DISTANCES ARE ALONG THE NO2 �`�M 0 THE FOLLOWWNG COURSES AND DISTANCES ARE ALONG THE NORTHERLY AND LIE OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK I8: _->0,) SOUTHWESTERLY LINES OF SAID MAROON CREEK CLUB SUBDIVISION(NORTH) 328 I ANNEXATION(NORTH PARCEL) THENCE 52913'00'E 0.18 FEET: Q I THENCE NBB'09'03'W 79.98 FEET; THENCE 544.37'00*E,155.39 FEET: ■ THENCE N67.36'24"w.105.66 FEET: THENCE 544•0O'00'E.237.32 FEET; I THENCE N87•4B'IB•W 14290 FEET; THENCE 531'N'00'E.232.32 FEET: - ��V Y THENCE N8711'OB'W,87.89 FEET: THENCE S32'6'00'W,65.03 FEET: -Z .29' THENCE NIO'26'00•W,26.19 FEET; THENCE S02'59'0O•E 343.90 FEET; -MEM Z RIZ 6.1 d THENCE N48'35'00"W,15.27 FEET; THENCE N63•36'00'E 212.26 FEET; i'16'E THENCE N5914'OO W.I D7 FEET; THENCE S75•29'00•E 76.92 FEET; THENCE N6994'00•W.39.52 FEET; THENCE 56T9'OD•E 44.38 FEET; ~ 4' • I THENCE N75'17•DO•W.94.37 FEET: THENCE 55415'00"E,883.85 FEET TO THE WESTERLY RION ��l0 Cg -___ THENCE N78'44'0O•W.203.36 FEET: ' WAY UNE OF COLORADO STATE HIGHWAY NO.82 AS DESC. Cr G THENCE N73'03'00'W 50.29 FEET; D®RECORDED IN BOOK 157 AT PAGE 535 OF THE RECD. - - - - ..-ii.Q 3'456E I THENCE N6410'00•W 79.10 FEET; PITON COUNTY,COLORADO; THENCE N55•44'00`W,75.14 FEET; THENCE LEAVING THE NORTHEASTERLY UNE OF THAT TRACT OF 6) 3.16' I THENCE N5$00'DO'W,98.9 FEET; DESCRIBED IN SAID BOCK 187 AT PAGE 321,NORTHWESTERLY,5■ -h Z THENCE I76W THENCE N62•00'OO'W,70.17 FEET; ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAO COLORA00 -Q 151 I THENCE 542.12T8'W 257 FEET; HIGHWAY NO,82 AND KONG THE ARC CF A CURVE CONCAVE I THENCE N64•30'00•W,37.66 FEET; NORTHEAST,SAID ARC HAVING A RADIUS OF 2352.00 FEET,A I THENCE N60•13'00•W,308.40 FEET; ANGLE OF 113'40'AND BEING SUBTENDED BY A CHORD THAT U 0)m 324.69 THENCE SOUTHEASTERLY.709.69 FEET KONG THE ARC OF A CURVE THENCE'7,50.40 FEET; A I 18€ SN79.30'001,ID LORI O S FEET ALONG THE WESTERLY RIGHT- 97.13'00" CONCAVE TO THE NORTHEAST TO A POINT TANGENT.SAID ARC HAVING UNE OF SAID COLORADO STATE HIGHWAY NO 82: Q A RADIUS OF 2242.00 FEET,A CENTRAL ANGLE OF 18•08'12'AND THENCE NORTHWESTERLY.295.89 FEET ALONG THE WESTERLY RI - I BEING SUBTENDED BY A CHORD THAT BEARS 522•58'S5•E,708.73' UNE LURE SAID C TO THE S ATEME HIGHWAY AAIDD NO.82H HAVING ALONG RAO 1.11/T.Q FEET; 2342.00 FEET,A CENTRAL ANGLE OF 714'20'AND BEING SUBT BY A CHORD THAT BEARS NO6•52'S0•W, 295.70 FEET; \a d 77,80CE u0 THENCE S89•39'09'E, DOS FEET TO THE EASTERLY RIGHT-OF-. MIME En • L1E OF SAID COLORADO STATE HIGHWAY NO.8Z NEM N THENCE NORTHERLY.260.43 FEET ALONG THE EASTERLY RIGHT- N I LIE OF SAID COLORADO STATE HIGHWAY NO.82 AND ALONG T s 35.27'08"E CURVE CONCAVE TO THE EAST TO A PONT TANGENT,SAID ARC RADIUS OF 2242.00 FEET,A CENTRAL ANGLE OF 08•39'20•ANC _-."i ce SUBTENDED 292.75' 404'46'T50'W THENCE N0314'00 .18 FEET ALONG THE EASTERLY RIGHT-I N 0) 66.81 P/1X/N COUNTY WAY LINE OF SAID COLORADO STATE HIGHWAY NO 82 TO THE' CO �• ••�••�••�••�••�'•�• CORNER OF THAT TRACT OF LAND AS DESCRIBED IN DEED RUC WY Cr ASPEN BOOK 176 AT PAGE 6B OF THE RECORDS OF PITON COUNTY.CC wP' O THENCE 1 TRACT 00 SADESCRIBED F FEET SAID GBO0TM1(E 76 SOUTH UNE a'! 18'09'0.31W 79.98' THE SOUTH UNE OF THAT TRACT OF LAND AS DESCRIBED IN Si of el ' .4'246W 105.88' 243 AT PAGE 773 TO THE SOUTHEAST CORNER OF THAT TRACT DESCRIBED N SAID BOOK 243 AT PAGE 773; 4. `N87 .u•188W 142.90' TRACT OF LAND AS DESCRIBED IN ALONG BOOK EASTERLY 3 T PAGE 77 7411'08'W 67.69' TR THENCE ACT OF LANDD SAS DE�IB FEET SAID BOO 243 AT PACE 77 28'00"W 26.19' THENCE N38'25'46'E,174.73 FEET ALONG THE EASTERLY UNE TRACT OF LAND AS DESCRIBED IN SAID BOOK 243 AT PAGE 77 151006W 15.27' TWIRL ONT OF RF/SNNINO I AREA-18.3 ACRES.MORE OR LESS. 4MO NR CREEK I'LIW Drexel Jarrell &ct). W o� VIVI .ahlik Engineers/Surveyors June 21, 1999 Boulder, Colorado Springs. A legal description of a tract of land located in Greeley the W1/2 of Section 2, T1OS, R85W of the 6th P.N., Pitkin County, Colorado to be rezoned described as 48-10 Pearl cast Circle follows: Suite 114 Boulder.Colorado 80301-24-5 PARCEL A 303 4:21338 303 442 4373 Fax Commencing at the W1/4 corner of said Section 2 from which the Northwest Corner of said Section 2 bears NO3°54'00"E thence N54°23'15"E, 1167.08 feet to the Westerly line of that tract of land as described in deed recorded in Book 351 at Page 144 of the records of Pitkin County and the TRUE POINT OP BEGINNING. The following courses and distances are along the Westerly and Southwesterly line of the tract of land as described in said Book 351 at Page 144: Thence S02°19'31"W, 172.74 feet; Thence S0O°09'12"E, 57.52 feet; Thence S24°33'30"E, 90.25 feet; Thence S23°06'36"E, 294.29 feet; Thence S19°00'16"E, 80.14 feet; Thence S01°13'45"E, 243.16 feet; Thence S02°09' 17"W, 165. 45 feet to the North line of that tract of land as described in deed recorded in Book 181 at Page 320 of the records of Pitkin County, Colorado; Thence leaving the Westerly line of that tract of land as described in said Book 351 at. Page 144, N87°13'00"W, 324.69 feet along the Northerly line of that tract of land as described in said Book 181 at page 320 to the Northwest corner thereof; (S. Pulling - 5665-5C - 5028L3.SP) 111111 11111 111111 11111111111 IIII 111111 III 11111 IIII Ili! 437962 11/23/1999 09:55A ORDINANC DAVIS SILVI 5 of 9 R 45.00 D 0.00 N 0.00 PITKIN COUNTY CO Legal Description (Continued) Page 2 Thence S01°46'00"E, 233.55 feet along the West line of that tract of land as described in said Book 181 at Page 320; Thence Northwesterly, 127.83 feet along the arc of a curve concave Northerly said arc having a radius of 646.68 feet, a central angle of 11°19'34" and being subtended by a chord that bears N76°31'O1"W, 127.63 feet; Thence N29°07'50"W, 26.29 feet; Thence Northwesterly, 74.84 feet along the arc of a curve concave Southwesterly said arc having a radius of 1226.18 feet, a central angle of 03°29'50" and being subtended by a chord that bears N30°52'45"W, 74.83 feet; Thence Northwesterly, 217.44 feet along the arc of a curve concave Southwesterly said arc having a radius of 615.87 feet, a central angle of 20°13'43" and being subtended by a chord that bears N47°39'27"W, 216.31 feet;. Thence Northwesterly, 17 .24 feet along the arc of a curve concave Southwesterly said arc having a radius of 36.57 feet, a central angle of 27°01'00" and being subtended by a chord that bears N65°54'20"W, 17 .09 feet; Thence Northwesterly, 181.80 feet along the arc of a curve concave Northeasterly said arc having a radius of 110.00 feet, a central angle of 94°41'39" and being subtended by a chord that bears N26°57'02"W, 161.80 feet; Thence Northerly, 78.93 feet along the arc of a curve concave Northwesterly said arc having a radius of 215.00 feet, a central angle of 21°02'02" and being subtended by a chord that bears N04°36'17"E, 78. 49 feet; Thence Northeasterly, 107.96 feet along the arc of a curve concave Easterly said arc having a radius of 100.00 feet, a central angle of 61°51'26" and being subtended by a chord that bears N22°05'39"E, 102.79 feet; Thence N32°46'23"E, 253 .93 feet; Thence Northerly, 93 .73 feet along the arc of a curve concave Westerly said arc having a radius of 77.03 feet, a central angle of 69°42'58" and being subtended by a chord that bears N06°14'58"E, 88.05 feet; Thence Northeasterly, 178.74 feet along the arc of a curve (S.Pulling - 5665-5C - 5028L3 .SP) 1111111111111111111111111111111111111111111 1111 lit 437962 11/23/1999 09:55A ORDINANC DAVIS SILVI 6 of 9 R 45.00 D 0.00 N 0.00 PITKIN COUNTY CO s Legal Description (Continued) June 21, 1999 Page 3 concave Southeasterly said arc having a radius of 99.38 feet, a central angle of 103°02'59" and being subtended by a chord that bears N29°51'34"E, 155.60 feet; Thence Northerly, 62.83 feet along the arc of a curve concave Southwesterly said arc having a radius of 20.00 feet, a central angle of 180°00'00" and being subtended by a chord that bears N11°20'50"W, 40.00 feet; Thence S78°39'10"W, 108.72 feet; Thence Northwesterly, 70.00 feet along the arc of a curve concave Northeasterly said arc having a radius of 35.00 feet, a central angle of 114°35'30" and being subtended by a chord that bears N44°03'05"W, 58.90 feet; Thence Northeasterly, 238.21 feet along the arc of a curve concave Southeasterly said arc having a radius of 207.35 feet, a central angle of 65°49'23" and being subtended by a chord that bears N45°17'23"E, 225.32 feet; Thence Easterly, 301. 60 feet along the arc of a curve concave Southerly said arc having a radius of 646.68 feet, a central angle of 26°43'18" and being subtended by a chord that bears N81°46'22"E, 298.87 feet; Area = 14.231 acres more or less Legal Description Prepared By: Scott A. Pulling, PLS#27936 Drexel Barrell & Company 4840 Pearl East Circle, Suite 114 Boulder, Colorado 80301-2475 (303) 442-4338 11111111111111111111111 1111111111 111111111 111111111 1111 437962 11/23/1999 09:55A ORDINANC DAVIS SILVI 7 of 9 R 43.00 D 0.00 N 0.00 PITKIN COUNTY CO (S. Pulling - 5665-5C - 5028L3.SP) LI _ Dre 1 Ba_rre11 co. 1=3A IS V.a110 Engineers/Surveyors C at) • June 10, 1999 Boulder, Colorado Sprin s. A legal description of a tract of land located in Greeley the NEI/4 of Section 3, TIOS, R85W of the 6th 43=0 Parr!Ea,c Cir^i� P.M. , Pitkin County, Colorado to be rezoned Suite t-. - described as follows: Boutcer. Colora,:o S0301-23-5 - 303 *_4333 PARCEL C b p 303 i:2 43-3 Faa Commencing at the Northeast corner of said Section 3 thence S03°54'00"E, 60_83 feet along the East line of the NE1/4 of said Section 3 to the TRUE POINT OF BEGINNING. Thence S03°54'00"W, 628.59 feet along the East line of the NE1/4 of said Section 3; Thence S34°10'32"W, 104.09 feet; Thence S46°43 '48"W, 171. 11 feet; Thence 531°07'15"W, 28.33 feet; Thence 516°45'45"W, 50.87 feet; Thence S12°34'30"W, 57.66 feet; Thence Southwesterly, 229.84 feet along the arc of a curve concave to the Northwest said arc having a radius of 793.11, a central angle of 16°36'14" being subtended by a chord that bears S27°50'56"W, 229.03 feet; Thence S41°21'17"W 196.41 feet; Thence Southwesterly, 196. 02 feet along the arc of a curve concave to the Southeast said arc having a radius of 660.85, a central angle of 16°59'43" being subtended by a chord that bears S36°00146"W, 195.30 feet; (S.Pulling - 5665-5C - 5033L.SP) 1 111111 IIIII 111111 11111111111 IIII 111111 III 11111 IIII IIII 437962 11/23/1999 09:55A ORDINANC DAVIS SILVI 8 of 9 R 45.00 D 0.00 N 0.00 PITKIN COUNTY CO . Legal Description (Continued) May 31, 1999 Page 2 Thence N89°57'53"W, 232.36 feet to the East right-of-way line of Colorado State Highway No. 82 as described in deed recorded in Book 157 Page 535 of the records of Pitkin County, Colorado; Thence NO3°14'00"E, 512.82 feet along the East right-of-way line of said Colorado State Highway No. 82 to the South line of a tract of land as described in deed recorded in Book 243 at Page 773 of the records of Pitkin County, Colorado; Thence along the South and Southeasterly line of that deed recorded in said Book 243 at Page 773, the following (4)courses: Thence S86°46'04"E, 356.35 feet; Thence N21°32'23"E, 711.89 feet; Thence N28°46'07"E, 201.45 feet; Thence N38°25'48"E, 174.73 feet to the East line of the NE1/4 of said Section 3 and the TRUE POINT OP BEGINNING. Area = 8.818 acres more or less Legal Description Prepared By: Scott A. Pulling, PLS#27936 Drexel Barrels & Company 4840 Pearl East Circle, Suite #114 Boulder, Co 80301-2475 (303) 442-4338 11111111111111111111111111111 IIII 111111 III 437962 11/23/1999 09:55A ORDINANC DAVIS SILVI 9 of 9 R 45.00 D 0.00 N 0.00 PITKIN COUNTY CO (S_Pulling - 5665-5C - 5033L.SP) Nr I avow MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager John Worcester, City Attorney Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Directo, FROM: Christopher Bendon, Planner RE: Burlingame Ranch Rezoning- 'ublic Hearing Second Reading of Ordinance No.25,Series of 1999 DATE: July 12, 1999 SUMMARY: Burlingame Ranch is a City owned parcel of land recently annexed into the City limits. This 186.8 acre parcel of land lies on both sides of State Highway 82 at the intersection with Owl Creek Road. State Statute requires the City to assign the property to the appropriate zone district(s)within 90 days of the final annexation. The annexation finalized on May 10, 1999, and the land must be provided zoning by August 10, 1999. A 37 acre parcel of land originally part of the Burlingame Ranch was not annexed into the City and remains in Pitkin County. This county parcel is expected to be sold as a single- family development site after a building envelope is designated and approved by Pitkin County. The 37 acre parcel is no longer part of Burlingame Ranch, is not within the City's jurisdiction, and is not part of this zoning recommendation. The Burlingame Seasonal Housing project was approved since the first reading of this Ordinance. The land use approval for the Seasonal project divided Burlingame Ranch into two parcels and included Lot#2 in the RMF-A Zone District. That zoning action for Lot#2 meet the statute obligation to zone the property within 90 days, eliminating the necessity to provide zoning for that land with this Ordinance. In other words, staff's recommendation only pertains to the remaining Lot#1 of the Burlingame Ranch Subdivision. The zoning recommendation made by the Planning and Zoning Commission specifically recognized the pending land use application for the Seasonal Housing project and does not have to be reconsidered. CONCERNS FROM FIRST READING: During first reading of this Ordinance,there were some concerns raised by the Council regarding the zoning boundaries for the"bowl"area. This area, located east of Deer Hill, is proposed for Rural Residential (RR)Zone District, a two-acre residential zone. The proposed boundary between the less intense Conservation Zone District was presented as an "arc"during the First Reading while the boundary that previously existed in the county followed a topographic line across the bowl with no attention to the grade modifications. 1 Staff has redrawn two zoning boundaries for Council's consideration. In both cases,the "pan-handle"was removed—a request made clear by Council. The "arc"generally reflecting a perceptible change in the landform for the boundary—the threshold between the flatter portions of the bowl and the toe of Deer Hill. The second redrawn boundary line follows a topographic line across the bowl, more similar to the boundary provided in the county. From a zoning perspective,there is very little difference between these two boundary lines. Both are based on physical characteristics of the land and can be mapped easily. The boundary itself does not predict or preclude the location of development. In fact, development may even overlay the two zones. There is an approximate 4 acre difference(the arc boundary includes more land within the RR Zone)with little effect on the allowable density for the entire parcel. The concerns raised about this zoning boundary center around the bowl and differentiating this flatter landform from the steeper Deer Hill. Using the topographic line would create a boundary,while based on a physical characteristic of the land, not commonly recognizable to by-passers. Using the "arc" as a boundary line more accurately, in staffs opinion, defines the threshold of the flat bowl and the steep Deer Hill. Staff recommends Council use this "arc"to define the limits of the zoning boundary in the bowl area of this parcel. The other area on this parcel proposed for the Rural Residential(RR)Zone District is the land adjacent to the southern portion of the Aspen Airport Business Center. This area was referred to as areas"C"and"D"during initial discussion about the Ranch. Similar to the bowl area,this area can support the development of affordable housing. However, no plans have been submitted and this memorandum does not contain any findings or opinions about development on this portion of Burlingame Ranch. The remaining portions of Lot#1, Burlingame Ranch Subdivision, are proposed for the Conservation(C)Zone District. These areas are"Deer Hill"and the entire portion of the parcel lying west of State Highway 82. These areas are inappropriate for significant development due to steep slopes and effects of the airport. Lastly,the annexation included approximately 9 acres of land within the State Highway 82 right-of-way. There are no development rights associated with rights-of-way and no significant reasons to apply zoning to these lands. Both the City of Aspen and Pitkin County have traditionally applied zoning to these lands for less significant reasons: 1)the maps look better; 2)most jurisdictions apply zoning to rights-of-way; and, 3) an appropriate zone district is effective if the area is ever vacated. Staff has included language in the proposed Ordinance assigning land within the annexed rights-of-way to the zone district of the adjacent parcel. Staff recommends City Council adopt Ordinance Number 25,Series of 1999, upon second reading. APPLICANT: Community Development Department, City of Aspen. 2 LOCATION: Corner of State Highway 82 and Owl Creek Road. Burlingame Ranch Subdivision, Lot#1. ZONING: Former Pitkin County Zoning: Approximately 107 acres was zoned AFR-10, and approximately 71 acres was zoned AFR-2 Proposed: Approximately 145 acres in Conservation(C). Approximately 28 acres in Rural Residential (RR). Approximately 9 acres lie within road rights-of-way and are proposed to be zoned consistent with the adjacent land. A more specific zoning analysis is provided as Exhibit B. LOT SIZE: 182 acres. A 37 acre parcel previously part of the Burlingame Ranch was not annexed and remains in Pitkin County. A 4 acre parcel, Lot#2 of the Burlingame Ranch Subdivision, has been included in the RMF-A Zone District. Approximately 9 acres is within the State Highway 82 corridor. CURRENT LAND USE: Undeveloped lands. PROPOSED LAND USE: No proposed changes to the land use are being currently proposed. There have been discussions for significant affordable housing projects on both the"bowl"area on the far east of the parcel and the area south and east of the BMC West parcel. Both of these projects are merely conceptual and no formal applications have been submitted. PREVIOUS ACTION: The Aspen Planning and Zoning Commission recommended approval of this zoning by a 6-1 vote. City Council considered this Ordinance and recommended slight changes to the zoning boundaries during first reading. REVIEW PROCEDURE: Rezoning. The City Council shall consider the application at a public hearing and approve, approve with conditions, or deny the application. BACKGROUND: The subject property was annexed into the City of Aspen on May 10, 1999. The City has a statutory obligation to provide this property with zoning within 90 days of the final annexation. Burlingame Ranch was recently subdivided into two parcels. Lot#1 is approximately 181 acres in size and the subject of this rezoning Ordinance. Lot#2 is approximately 4 acres and was rezoned to the Residential Multi-Family(RMF-A)Zone District pursuant to Ordinance 23, Series of 1999, along with the land use approvals for a 101 unit affordable housing project. Because Lot#2 has already been provided zoning,this ordinance only addresses Lot #1. 3 STAFF COMMENTS: Review criteria and Staff Findings have been included as Exhibit A. An analysis of the previous and proposed zoning is provided as Exhibit B. Previous and proposed zoning maps are provided as Exhibit C. CITY MANAGER COMMENTS: RECOMMENDATION: Staff recommends City Council adopt this Ordinance, upon second reading, using the proposed"arc"to describe the zoning boundary in the bowl area of the property. RECOMMENDED MOTION: "I move to adopt Ordinance Number 25, Series of 1999." ATTACHMENTS: Exhibit A --Review Criteria and Staff Comments Exhibit B --Zoning Analysis 4 ORDINANCE NO. 25 (SERIES OF 1999) AN ORDINANCE OF THE CITY COUNCIL,OF THE CITY OF ASPEN, COLORADO,ASSIGNING LOT #1, BURLINGAME RANCH SUBDIVISION, TO THE CONSERVATION (C)AND RURAL RESIDENTIAL (RR) ZONE DISTRICTS. PARCEL NO. 2735-031-00-805 WHEREAS,a parcel of land located on either side of State Highway 82 at the Owl Creek Road intersection, commonly referred to as "Burlingame Ranch" was annexed into the City of Aspen on May 10, 1999,pursuant to Ordinance No. 16, Series of 1999; 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 Ordinance Number 23, Series of 1999, the land was subdivided into two lots, the Burlingame Ranch Subdivision, and Lot#2 of said Subdivision was included in the Residential Multi-Family (RMF-A)Zone District; and, WHEREAS,Lot#1 of the Burlingame Ranch Subdivision is legally described in Exhibit A, WHEREAS,the City Council may approve Amendments to the Official Zone District Map (Rezoning) after taking and considering recommendations from the Community Development Director,the Planning and Zoning Commission made at a duly noticed public hearing, and taking and considering public testimony at a duly noticed public hearing in conformance with the review criteria set forth in Section 26.92; and, WHEREAS,the Community Development Department analyzed Lot#1 of the Burlingame Ranch Subdivision and recommended the property be included in the Conservation(C) and Rural Residential (RR)Zone Districts; and, WHEREAS, during a duly noticed public hearing on June 1, 1999, the Planning and Zoning Commission took and considered public testimony and recommended, by a six to one vote (6-1), City Council include this property in the Conservation (C) and Rural Residential (RR)Zone Districts; and, WHEREAS,the boundaries for said zone district designations are described herein; and, WHEREAS, City Council reviewed and considered the recommendations of the Community Development Director and the Planning and Zoning Commission during a duly noticed public hearing; and, WHEREAS,the City Council finds that the Conservation(C)and Rural Residential (RR)Zone Districts, as applied to Lot#1 of the Burlingame Ranch Subdivision with the boundaries described herein,are the most appropriate zoning classifications for this property, meeting or exceeding all applicable standards, and consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS,the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. Ordinance No.25, Series of 1999. Page 1 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO,THAT: Section 1: The Official Zone District Map of the City of Aspen shall be amended by the Community Development Director to reflect Lot#1, Burlingame Ranch Subdivision, as described in Section 2, as included in the Conservation (C) and Rural Residential (RR)Zone Districts. The Community Development Director shall use the survey descriptions contained in Section 2 as the basis for determining the zoning boundaries. Section 2: Burlingame Ranch Subdivision Lot#1 Legal Description: Lot#2 of the Burlingame Ranch Subdivision is legally described as a tract of land located in the west %2 of section 2, Section 3, and the northwest 1/4 of the northwest 1/4 of Section 2, all in TIOS, R85W of the 6th P.M., Pitkin County, Colorado, more fully described in Exhibit A. Land to be included in the Rural Residential (RR) Zone District: Land to be included in the Rural Residential Zone District shall include: 1. The portion of Burlingame Ranch residing east of State Highway 82 and commonly referred to the "bowl"and legally described as land located in the west %2 of Section 2 TlOS, R85W of the 6th P.M., Pitkin County, Colorado, more fully described in Exhibit B as "Parcel A." 2. The portion of Burlingame Ranch residing east of State Highway 82 and south of the Aspen Airport Business Center, legally described as land located in the northeast 1/4 of Section 3, T1 OS, R85W of the 6th P.M., Pitkin County, Colorado, more fully described in Exhibit B as "Parcels C & D." Land to be included in the Conservation (C)Zone District: Land to be included in the Conservation Zone should include: The entire portion of Lot#1, Burlingame Ranch Subdivision, as described in Exhibit A, excluding the lands described in Exhibit B intended for the Rural Residential Zone District. Land Within Road Rights-of-Way: All land within State Highway 82 and other public street rights-of-way shall be zoned consistent with the City Zone District designation of the adjacent parcel. In the event the right-of-way is bordered by two different City zone districts, the center line shall become the zoning boundary. In the event the right-of-way is bordered entirely by parcels in Pitkin County jurisdiction, the zoning for that area of the right- of-way shall be consistent with the City Zone District designation of the parcel in closest proximity. 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. Ordinance No.25, Series of 1999. Page 2 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: That the City Clerk is directed, upon the adoption of this Ordinance, to record among the real estate records of the Pitkin County Clerk and Recorder a copy of this Ordinance. Section 6: A public hearing on the Ordinance was held on the 12th day of July, 1999, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED,READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 14th day of June, 1999. Attest: Kathryn S.Koch,City Clerk Rachel Richards,Mayor FINALLY,adopted,passed and approved this day of 1999. Attest: Kathryn S.Koch,City Clerk Rachel Richards,Mayor Approved as to form: City Attorney Exhibit A -- Legal Description of Lot#1, Burlingame Ranch Subdivision Exhibit B -- Legal Descriptions for Zoning Boundaries Ordinance No.25, Series of 1999. Page 3 EXHIBIT A BURLINGAME RANCH STAFF COMMENTS: Burlingame Ranch Rezoning Section 26.92.020,Standards Applicable to Rezoning In reviewing an amendment to the official zone district map, the City Council and the Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding: The proposed zoning is consistent with the Land Use Code and does not represent any potential conflicts. 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 considering there is no formal application describing the uses and densities proposed in the contemplated "Burlingame Village." The Burlingame Seasonal Housing project was approved for Lot#2 of this Subdivision, eliminating the need to provide zoning for that land with this Ordinance. This Ordiancne only addresses the remaining Lot#1,the larger parcel. The P&Z Resolution recommended the 3.9 acre area be zoned RR or as otherwise approved with the pending land use application for the Seasonal Housing project. In other words,the Commission's recommendation remains valid with the Seasonal Housing project's approval. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding: Contrary to many statements that have been made about this parcel,the 1993 AACP did not identify Burlingame Ranch as a site for affordable housing. Of course this 1993 plan identified specific parcels based on a then current understanding of their ownership and immediate future. Staff underscores a commonly used statement about comprehensive plans: They are broad in scope and general in nature. While the 1993 plan considered specific parcels,the more general parcel characteristics are not limited by arbitrary ownership boundaries. In other words, what was said about one parcel may often times be said about the neighboring parcel. In close proximity to Burlingame Ranch and providing some guidance for this parcel, two sites were identified in the 1993 AACP with the following recommendations: The Zoline parcel: 1 ("great"rating), deed restricted lots via the growth management process. If this property ever submits a growth management application for development this would be an appropriate location for deed restricted lots. Staff Comments 1 Pfister(Maroon Creek Club AH): 2 ("good"rating), if in the event the Development Corporation cannot put the 39 deed restricted units in the location as approved at the intersection of Stage Road and Highway 82,the location should be re-evaluated and perhaps units should be dispersed throughout the property in a less-dense manner. The Zoline parcel could still be developed and sold as deed restricted lots. However, there has been presented the opportunity for a partnership with the City to develop an affordable housing project on a portion of the Zoline parcel. The Pfister parcel (Maroon Creek Club)was developed in the original development pattern(not re-evaluated). The affordable housing units were a mitigation requirement by the County and the property is now within the City of Aspen. The draft update of the community plan (the 1998 AACP) identifies the Burlingame Ranch parcel as a secondary site for the development of affordable housing. This is a draft plan and has not been adopted. Following are statements relevant to the Burlingame parcel from the draft AACP: • ". . . we again call for a critical mass of permanent residents and employees to be housed within the urban area. Our goal is to reverse the tide and bring back the ebbing balance of our community/resort."Excerpt from Managing Growth Philosophy. • "We should endeavor to bring back the middle class back into the community. We should discourage sprawl and recognize its cost to the character of our community, our open spaces, and our rural resources."Excerpt from Managing Growth Philosophy. • "To conserve our rural resources, we recommend that an Aspen Community Boundary be identified. . . A Community Growth Boundary will focus and reduce infrastructure expenditures,reduce the spread of development into the countryside and maintain a rural character between communities,while at the same time promoting concentrations of development supportive of transit and pedestrian accessibility."Excerpt from Managing Growth Philosophy. • "Local and regional land use and development patterns should enable and support travel by alternative modes of transportation. New development should take place only in areas well served by transit, and only in compact, mixed-use patterns that are conducive to walking and bicycling."Excerpt from Transportation Philosophy. • "We still believe that a `critical mass' of local working residents is needed to sustain our economy."Excerpt from Affordable Housing Philosophy. • ". . . we believe it is important for Aspen to maintain a sense of opportunity and hope(not a guarantee) for our workforce to become vested members of the community."Excerpt from Affordable Housing Philosophy. • "Housing sites should be rated with emphasis placed on living within walking distance of transit, employment areas and social connections."Excerpt from Affordable Housing Philosophy. Staff Comments 2 • "Development of affordable housing within the traditional town site should be encouraged so as to protect our open and rural lands."Excerpt from Affordable Housing Philosophy. • "Evaluate opportunities for publicly held properties to be developed or redeveloped to include or be replaced by affordable housing. The public holds properties that could be redeveloped with affordable housing without impeding the existing use. These parcels should be evaluated for their qualities as affordable housing sites and their ability to contribute to our town's affordable housing dilemma without consuming our valuable rural lands or open space."Excerpt from Affordable Housing Action Plan. Staff believes the proposed zoning is consistent with the AACP. It is important to note that this land continues to be considered for a significant affordable housing development. The concept of this potential development, Burlingame Village, is included in the draft 1998 AACP and represents many of the goals and objectives of the Community Plan. Staff,however, believes that individual land use applications should be able to"stand on their own"with respect to the finally adopted AACP and does not wish to prejudge the project and up-zone the Burlingame Ranch parcel without the opportunity to fully evaluate the proposed project, its impacts, and its consistency with the AACP in its adopted form. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses,considering existing land use and neighborhood characteristics. Staff Finding: Western Portion. Surrounding the western half of the parcel is a low-density residential development,the base of Buttermilk Ski Area, and Sardy Field—the only private and commercial airport in the county. The portion of the Burlingame Ranch parcel remaining in the county, and not part of this rezoning, is proposed for one single-family residence which staff believes is consistent with the residential neighborhood. The area affected by the airport is proposed for the Conservation Zone District restricting the land appropriately while still allowing for passive and active recreational and fanning uses. The majority of the flat portion of this land is encumbered by the"Runway Protection Zone"(RPZ)prohibiting permanent structures, including residences. The majority of the steep terrain to the west is too steep to accommodate a significant amount of development. The Conservation zone is the most appropriate for this area as the 10 acre zoning is the least-dense classification in the City. None of this parcel is contiguous with the Buttermilk Ski Area parcel and no coordinated development is being considered at this time. However,the land closest to the ski area base could accommodate a limited amount of development to the extent that compliance with the RPZ could be maintained. In the event this area is considered for development, an application to rezone may need to be submitted if the uses being considered are not allowed in the Conservation Zone. The Conservation(C)zoning for the western portion of this parcel is appropriate given the surrounding land uses and neighborhood characteristics. Eastern Portion. The eastern half of the parcel is surrounded by the Maroon Creek Club(MCC) facilities and affordable housing. To the south exists the MCC facilities including short-term lodge accommodations, golf course and associated uses including the primary maintenance Staff Comments 3 facility for the course, a complete athletic club with a restaurant, a retail pro-shop, and a multi- unit affordable housing complex. To the east are active agricultural and cattle lands. To the north there is a multi-use development(the ABC)containing commercial, residential, and light industrial land uses and an approved single-family residential neighborhood. The eastern parcel includes Deer Hill. This area is steeply sloped and inappropriate for a significant amount of development. Surrounding Deer Hill are several flat areas which can accommodate development. The area just north of the MCC affordable housing is appropriate for a high-density residential development due to its proximity to existing infrastructure and transit service. This land was recently subdivided from the larger Burlingame Ranch and rezoned to the RMF-A Zone District along with approvals for a 101 unit affordable housing project. The other developable portions of the eastern half of the parcel are the"bowl"area just north of the Soldner parcel and the area south and east of the BMC West parcel. The bowl is relatively flat and can accommodate a significant development. Regardless of the ongoing discussions with the Zoline Family, this bowl area can accommodate a significant amount of development and could be justifiably zoned for Affordable Housing. However, in absence of a conceptual plan describing the proposed uses and densities of such a project, it is inappropriate to judge the merits of a land use application before it is submitted. The Rural Residential designation, while it may represent an under-utilization of the property, is appropriate given the current status of the potential Burlingame Village project and the nature of the previous county zoning. The portion of the eastern parcel located closest to the Aspen Airport Business Center(the ABC) represents the remaining developable area on this parcel. In combination with one of the ABC parcels, a significant amount of development could be accommodated. Again, in absence of a plan describing the uses and concentrations, it is difficult to pre judge the merits of a potential development application. Staff recommends this area be zone Rural Residential. The steep portions of Deer Hill are proposed for the Conservation Zone District. The Conservation Zone allows for passive and active recreational uses and provides a sufficient amount of protection for the natural landscape. Staff believes these two zoning classifications for the eastern portion of the parcel are compatible with the surrounding land uses and neighborhood. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding: The difference in build-out potential and trip generation between the existing zoning and the proposed zoning is insignificant. Exhibit B describes the provisions of the previous Pitkin County zoning and the proposed City of Aspen zoning. The density and build-out projections of this analysis are based on pure zoning and do not account for growth management. The existing road network has sufficient capacity to serve the allowable density of the land with this proposed zoning. E. Whether and the extent to which the proposed amendment would result in demands on public facilities,and whether and the extent to which the proposed amendment would exceed the capacity of such facilities,including, Staff Comments 4 but not limited to,transportation facilities,sewage facilities,water supply, parks,drainage,schools,and emergency medical facilities. Staff Finding: The proposed zoning does not represent the development potential to overwhelm existing infrastructure capacities. The potential developments on this property for Seasonal Housing and the Burlingame Village project will be required to mitigate the increased impacts on the infrastructure including parks, schools, drainage, etc. to the extent those facilities are negatively affected. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding: The zoning classifications proposed resemble the zoning which was provided in the county as close as the City's zoning code allows. The Conservation district is appropriate for preserving the steep slopes, undisturbed natural sage, and indigenous wildlife associated with Deer Hill and the steep portions of the western portion of the property. Staff believes this Conservation zoning to be appropriate with respect to adverse impacts upon the natural environment. Again, staff believes it is more appropriate for the potential affordable housing developments to "stand on their own"with respect to this criteria and does not wish to postulate on the impacts associated with these projects until a full application is submitted. For example: the Seasonal Housing project requested a rezoning along with the land use review. This allowed staff and elected and appointed officials to consider the proposed development along with the up-zoning. Staff believes the Rural Residential zoning to be appropriate for areas that can support development. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding: The update of the AACP is considering a multi-layered approach in defining the appropriate concentrations of development in Aspen and its environs. The Burlingame Ranch parcel has been identified by the update of the AACP which is currently under review and revision. The general understanding of the uses and concentrations being discussed for this parcel are for the approved 101 units(200 beds)of seasonal housing units to be located near the Maroon Creek Club affordable housing. This parcel was subdivided from the larger Burlingame Ranch and provided with the RMF-A zoning and is no longer part of this rezoning Ordinance. The second project being considered is for approximately 200 to 250 affordable housing units to be located on either the bowl just east of Deer Hill or further to the east in combination with the Zoline Family. The actual configuration and density associated with this larger project may vary greatly from the current concept as this project is in the abstract phase and may be significantly changed as the planning process unfolds and as the community desires the project to go forward. Staff believes the Conservation and Rural Residential Zone Districts to be appropriate for the land. Staff Comments 5 It should be noted, however, that significant affordable housing developments are being considered for this parcel in the Community Plan and future up-zonings may occur as land use applications are submitted. Staff believes these projects, at a conceptual level, represent consistency with the character of the community but does not wish to prematurely up-zone the property without the benefit of reviewing more concrete plans and their bearing on the community's character. In this respect, these zoning designations may represent"place-holders" until such time as complete development applications are presented and reviewed in their entirety. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: The City has a statutory obligation to provide this property with zoning within 90 days of the final annexation. The property was annexed into the City on May 10, 1999. This property has been the recent topic of affordable housing discussions and may be appropriate for a substantial development. In fact, the update of the Aspen Area Community Plan has identified this parcel as a potential development site for affordable housing. In this sense,there have been significant changes in the community and in the general surroundings which could justify zoning this property to the Affordable Housing Zone District. However, without a development application defining the location and density of development it is difficult to ascertain the level of impact with respect to the surrounding land uses,traffic generation, impacts upon infrastructure, the natural environment, and the community character. Until the community arrives at a decision as to whether or not to develop the Burlingame Ranch as affordable housing, staff believes these zone districts to be appropriate for both the interim and long-term (if housing is not developed). In the event the community decides against an affordable housing development, these zone districts provide a range of land uses and densities consistent with the historical land use for the parcel. 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: Assigning zoning to this parcel must be accomplished within 90 days of the final annexation. These two zone districts represent the closest approximation to the previous Pitkin County zoning, and do not pose any conflicts with the public interest. Staff believes the proposed zoning district promote the purpose and intent of this Title and is in harmony with the public interest. Staff Comments 6 EXHIBIT B BURLINGAME RANCH Zoning Analysis: Lot #1 Burlingame Ranch Subdivision Previous Pitkin County Zoning Proposed City of Aspen Zoning Land Area Build-Out Land Area Build-Out (acres) (res. units) (acres) (res. units) J AFR-10 103 10 Conservation 145 14 AFR-2 71 (C) 35 Rural 28 14 Residential (RR) Total 174 45 Total I 174 28 Notes: 1. Land area excludes areas within road rights-of-way. 2. The density figures do not consider growth management and do not reflect actual development rights. 3. The approved 101 unit Seasonal Housing Project is not included in this tabulation. This 3.9 acre parcel, Lot#2, has been included in the RMF-A Zone District. ROON Cff- ' C •• �-Kt IP o a II Y \ w WW U�z� ic, I I =U —) //os-� irl II °M -p-i2,---- 7 oca I W W t'!� �'' ..,01-8 3 L�.9,t C <GP J I I zm o �3flW v m /_ / (p ceNN /°a o >, 'N / L d /; rn Zoao . cn • - �� I 11 -- (r i LLm QU ,� i' a ww f . �Y� > .----1, J.. ,.�.. «.. w o o .'' 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MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager John Worcester, City Attorney Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director FROM: Christopher Bendon, Planner RE: Burlingame Ranch Rezoning First Reading of Ordinance No.96,Series of 1999 DATE: June 14, 1999 SUMMARY: Burlingame Ranch is a City owned parcel of land recently annexed into the City limits. This 186.8 acre parcel of land lies on both sides of State Highway 82 at the intersection with Owl Creek Road. State Statute requires the City to assign the property to the appropriate zone district(s)within 90 days of the final annexation. The annexation finalized on May 10, 1999, and the land must be provided zoning by August 10, 1999. A 37 acre parcel of land originally part of the Burlingame Ranch was not annexed into the City and remains in Pitkin County. This county parcel is expected to be sold as a single- family development site after a building envelope is designated and approved by Pitkin County. The 37 acre parcel is no longer part of Burlingame Ranch, is not within the City's jurisdiction, and is not part of this zoning recommendation. Burlingame Ranch has been the topic of several potential affordable housing developments. "Burlingame Village," is a significant development concept for approximately 200—250 affordable housing units to be located either in the "bowl"area, or"parcel A,"or land north and east of the bowl in coordination with the Zoline Family parcel. This concept is just that— a concept. No plans have been submitted for this project and this memorandum does not contain any findings or recommendation concerning Burlingame Village. Due to the lack of information available at this time on the potential project, staff is recommending this bowl area be zoned Rural Residential(RR)—a two-acre zoning designation consistent with the previous Pitkin County zoning. The second area discussed for possible affordable housing is the "Seasonal Housing"site. This land was referred to as"Parcel B"during initial discussion about the ranch. This Seasonal Housing project has received preliminary land use approval and is currently being considered for final land use approval. The land use application requests a rezoning of the land to the Residential Multi-Family(RMF-A)Zone District. Staff is recommending this land be assigned to the Rural Residential Zone District with the expressed acknowledgement of, and deference to if approved,the pending land use application. In other words, if the seasonal project is approved the zoning will defer to the more specific Ordinance. If for any reason the seasonal project is not approved,the Rural Residential will prevail and will not have to be reconsidered. 1 The last area for possible future affordable housing is the land adjacent to the southern portion of the Aspen Airport Business Center. This area was referred to as areas"C"and "D"during initial discussion about the Ranch. Again, while this area can support the development of affordable housing, no plans have been submitted and this memorandum doe not contain any findings or opinions about development on this portion of Burlingame Ranch. Staff recommends this area be assigned to the Rural Residential Zone District. The remaining areas of Burlingame Ranch are"Deer Hill"and the entire portion of the property west of State Highway 82. These lands, for the most part, are inappropriate for significant development due to steep slopes or the airport. These areas, approximately 143 acres, are proposed for the Conservation Zone District—a ten-acre zoning consistent with the previous Pitkin County zoning. Lastly,the annexation included approximately 9 acres of land within the State Highway 82 right-of-way. There are no development rights associated with rights-of-way and no significant reasons to apply zoning to these lands. Both the City of Aspen and Pitkin County have traditionally applied zoning to these lands for less significant reasons: 1)the maps look better; 2)most jurisdictions apply zoning to rights-of-way; and, 3) an appropriate zone district is effective if the area is ever vacated. Staff has included language in the proposed Ordinance assigning land within the annexed rights-of-way to the zone district of the adjacent parcel. Staff recommends City Council adopt Ordinance Number,Series of 1999, upon first reading and establish the second reading and public hearing as July 12, 1999. APPLICANT: Community Development Department, City of Aspen. LOCATION: Corner of State Highway 82 and Owl Creek Road. ZONING: Former Pitkin County Zoning: Approximately 107 acres was zoned AFR-10, and approximately 71 acres was zoned AFR-2 Proposed: Approximately 143 acres in Conservation(C). Approximately 35 acres in Rural Residential(RR). Approximately 9 acres lie within road rights-of-way and are proposed to be zoned consistent with the adjacent land. A more specific zoning analysis is provided as Exhibit B. LOT SIZE: 186.8 acres. A 37 acre parcel previously part of the Burlingame Ranch was not annexed and remains in Pitkin County. Approximately 9 acres is within the State Highway 82 corridor leaving approximately 178 acres of developable land. CURRENT LAND USE: Undeveloped lands. PROPOSED LAND USE: The portion of Burlingame Ranch closest to the Maroon Creek Club affordable housing complex is currently being considered for a 101 unit affordable housing development. 2 There have been discussions for significant affordable housing projects on both the "bowl" area on the far east of the parcel and the area south and east of the BMC West parcel. Both of these projects are merely conceptual and no formal applications have been submitted. PREVIOUS ACTION: The Aspen Planning and Zoning Commission recommended approval of this zoning by a 6-1 vote. City Council has not previously considered this rezoning request. REVIEW PROCEDURE: Rezoning. The City Council shall consider the application at a public hearing and approve, approve with conditions, or deny the application. BACKGROUND: The subject property was annexed into the City of Aspen on May 10, 1999. The City has a statutory obligation to provide this property with zoning within 90 days of the final annexation. A land use application for a 101 unit Seasonal housing complex is currently under review for that area of Burlingame Ranch just north of the Maroon Creek Club affordable housing complex. This recommendation proposes Rural Residential (RR) for this area while the Seasonal Housing land use application is requesting a rezoning to the Residential Multi- Family Zone District. Staff has approached this rezoning in this manner to maintain zoning similar to that provided in the county in the event the Seasonal Housing application is not approved. The proposed Ordinance proposes RR for this area with the specific deference to any final decision on the Seasonal Housing project. STAFF COMMENTS: Review criteria and Staff Findings have been included as Exhibit A. An analysis of the previous and proposed zoning is provided as Exhibit B. Previous and proposed zoning maps are provided as Exhibit C. RECOMMENDATION: Staff recommends City Council adopt this Ordinance, upon first reading, establishing the second reading and public hearing as July 12, 1999. RECOMMENDED MOTION: "I move to adopt Ordinance Number , Series of 1999, upon first reading." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Comments Exhibit B -- Zoning Analysis Exhibit C -- Previous and Proposed Zoning Maps 3 ORDINANCE NO. a5--- (SERIES OF 1999) AN ORDINANCE OF THE CITY COUNCIL,OF THE CITY OF ASPEN,COLORADO, ASSIGNING BURLINGAME RANCH TO THE CONSERVATION(C)AND RURAL RESIDENTIAL(RR)ZONE DISTRICTS. PARCEL NO.2735-031-00-805 WHEREAS,a parcel of land located on either side of State Highway 82 at the Owl Creek Road intersection, commonly referred to as "Burlingame Ranch"was annexed into the City of Aspen on May 10, 1999,pursuant to Ordinance No. 16, Series of 1999; and, WHEREAS,the property is approximately 186.8±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,the City Council may approve Amendments to the Official Zone District Map(Rezoning)after taking and considering recommendations from the Community Development Director,the Planning and Zoning Commission made at a duly noticed public hearing, and taking and considering public testimony at a duly noticed public hearing in conformance with the review criteria set forth in Section 26.92; and, WHEREAS,the Community Development Department analyzed the parcel of land and recommended the property be included in the Conservation (C)and Rural Residential (RR)Zone Districts; and, WHEREAS,during a duly noticed public hearing on June 1, 1999,the Planning and Zoning Commission took and considered public testimony and recommended, by a six to one vote(6-1), City Council include this property in the Conservation(C)and Rural Residential (RR) Zone Districts; and. WHEREAS,the boundaries for said zone district designations are described herein; and, WHEREAS,the Community Development Department and the Planning and Zoning Commission, recognizing the pending land use application to rezone a portion of this parcel located just north of the Maroon Creek Club affordable housing complex for the purpose of a Seasonal Affordable Housing development,recommend the City Council include language associated with the area of the proposed project to allow the more specific land use approvals to prevail; and, WHEREAS,City Council reviewed and considered the recommendations of the Community Development Director and the Planning and Zoning Commission during a duly noticed public hearing;and, WHEREAS,the City Council finds that the Conservation{C)and Rural Residential (RR) - - - Zone Districts,as applied to the lands described herein, are the most appropriate zoning classifications for this property,meeting or exceeding all applicable standards, and consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS,the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety,and welfare. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,THAT: Ordinance No. , Series of 1999. Page 1 Section 1: The Official Zone District Map of the City of Aspen shall be amended by the Community Development Director to reflect Burlingame Ranch, as described in Section 2, as included in the Conservation(C)and Rural Residential (RR)Zone Districts. The Community Development Director shall use the survey descriptions contained in Section 2 as the basis for determining the zoning boundaries. Section 2: Burlingame Ranch Legal Description: The Burlingame Ranch parcel is legally described as: Legal from Jim *** Land to be included in the-Rural-Residential (RR)Zone District: Land to be included in the Rural Residential Zone District should include: 1. The portion of Burlingame Ranch residing east of State Highway 82 and south of the Aspen Airport Business Center, legally described as follows: [Legal from Jim ***] 2. The portion of Burlingame Ranch residing east of State Highway 82 and commonly referred to the "bowl," legally described as follows: [Legal from Jim ***] 3. The portion of Burlingame Ranch residing east of State Highway 82 and currently being considered for a 101 unit seasonal affordable housing development, legally described as follows: [Legal from Jim ***] Land to be included in the Conservation (C)Zone District: Land to be included in the Conservation Zone should include: 1. The entire portion of Burlingame Ranch, within the City of Aspen, residing west of State Highway 82, and the portion of Burlingame Ranch residing east of State Highway 82, known as"Deer Hill,"legally described as follows: [Legal from Jim *** (Whole Ranch minus RR areas)] Land Within Road Rights-of-Way: All land within State Highway 82 and other public street rights-of-way shall be zoned consistent with the City Zone District designation of the adjacent parcel. In the event the right-of-way is bordered by two different City zone districts, the center line shall become the zoning boundary. In the event the right-of-way is bordered entirely by parcels in Pitkin County jurisdiction,the zoning for that area of the right-of-way shall be consistent with the City Zone District designation of the parcel in closest proximity. Deference to Burlingame Seasonal Housing Proposal: That in the event the pending land use application for the Seasonal Affordable Housing development is approved,the zoning for that land should coincide with the recommendations and approvals granted in the final Ordinance for said project, otherwise the zoning for that land should be Rural Residential. Ordinance No. , Series of 1999. Page 2 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: That the City Clerk is directed, upon the adoption of this Ordinance,to record among the real estate records of the Pitkin County Clerk and Recorder a copy of this Ordinance. Section 6: A public hearing on the Ordinance was held on the 12th day of July, 1999,at 5:00 in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED,READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 14th day of June, 1999. Attest: Kathryn S.Koch,City Clerk Rachel Richards,Mayor FINALLY,adopted,passed and approved this day of 1999. Attest: Kathryn S.Koch,City Clerk Rachel Richards,Mayor • Approved as to form: City Attorney Ordinance No. , Series of 1999. Page 3 EXHIBIT A BURLINGAME RANCH STAFF COMMENTS: Burlingame Ranch Rezoning Section 26.92.020,Standards Applicable to Rezoning In reviewing an amendment to the official zone district map, the City Council and the Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding: The proposed zoning is consistent with the Land Use Code and does not represent any potential conflicts. 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 considering there is no formal application describing the uses and densities proposed in the contemplated"Burlingame Village." This zoning recommendation proposes Rural Residential (RR)for that area being considered for the Seasonal Housing project. Pending approval,that land will be rezoned to the RMF-A Zone District. The P&Z Resolution recommends the 3.9 acre area be zoned RR or as otherwise approved with the pending land use application for the Seasonal Housing project. This allows the zoning for the entire ranch to move forward independent of the pending application and allows the Commission's recommendation to remain valid regardless of the Seasonal Housing project's outcome. In fact, the proposed Seasonal Housing project may be considered by Council prior to second reading for the zoning for the entire Burlingame Ranch, in which case the Ordinance rezoning the entire ranch will reflect the approved zoning classification for the Seasonal Housing project. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding: Contrary to many statements that have been made about this parcel, the 1993 AACP did not identify Burlingame Ranch as a site for affordable housing. Of course this 1993 plan identified specific parcels based on a then current understanding of their ownership and immediate future. Staff underscores a commonly used statement about comprehensive plans: They are broad in scope and general in nature. While the 1993 plan considered specific parcels, the more general parcel characteristics are not limited by arbitrary ownership boundaries. In other words, what was said about one parcel may often times be said about the neighboring parcel. In close proximity to Burlingame Ranch and providing some guidance for this parcel, two sites were identified in the 1993 AACP with the following recommendations: Staff Comments 1 The Zoline parcel: 1 ("great"rating), deed restricted lots via the growth management process. If this property ever submits a growth management application for development this would be an appropriate location for deed restricted lots. Pfister(Maroon Creek Club AH): 2 ("good"rating), if in the event the Development Corporation cannot put the 39 deed restricted units in the location as approved at the intersection of Stage Road and Highway 82, the location should be re-evaluated and perhaps units should be dispersed throughout the property in a less-dense manner. The Zoline parcel could still be developed and sold as deed restricted lots. However, there has been presented the opportunity for a partnership with the City to develop an affordable housing project on a portion of the Zoline parcel. The Pfister parcel(Maroon Creek Club)was developed in the original development pattern(not re-evaluated). The affordable housing units were a mitigation requirement by the County and the property is now within the City of Aspen. The draft update of the community plan(the 1998 AACP) identifies the Burlingame Ranch parcel as a secondary site for the development of affordable housing. This is a draft plan and has not been adopted. Following are statements relevant to the Burlingame parcel from the draft AACP: ". . . we again call for a critical mass of permanent residents and employees to be housed within the urban area. Our goal is to reverse the tide and bring back the ebbing balance of our community/resort."Excerpt from Managing Growth Philosophy. • "We should endeavor to bring back the middle class back into the community. We should discourage sprawl and recognize its cost to the character of our community, our open spaces, and our rural resources."Excerpt from Managing Growth Philosophy. • "To conserve our rural resources, we recommend that an Aspen Community Boundary be identified. . . A Community Growth Boundary will focus and reduce infrastructure expenditures,reduce the spread of development into the countryside and maintain a rural character between communities, while at the same time promoting concentrations of development supportive of transit and pedestrian accessibility."Excerpt from Managing Growth Philosophy. • "Local and regional land use and development patterns should enable and support travel by alternative modes of transportation. New development should take place only in areas well served by transit, and only in compact, mixed-use patterns that are conducive to walking and bicycling."Excerpt from Transportation Philosophy. • "We still believe that a `critical mass' of local working residents is needed to sustain our economy."Excerpt from Affordable Housing Philosophy. ▪ C. . . we believe it is important for Aspen to maintain a sense of opportunity and hope (not a guarantee) for our workforce to become vested members of the community."Excerpt from Affordable Housing Philosophy. Staff Comments 2 • "Housing sites should be rated with emphasis placed on living within walking distance of transit, employment areas and social connections."Excerpt from Affordable Housing Philosophy. • "Development of affordable housing within the traditional town site should be encouraged so as to protect our open and rural lands."Excerpt from Affordable Housing Philosophy. • "Evaluate opportunities for publicly held properties to be developed or redeveloped to include or be replaced by affordable housing. The public holds properties that could be redeveloped with affordable housing without impeding the existing use. These parcels should be evaluated for their qualities as affordable housing sites and their ability to contribute to our town's affordable housing dilemma without consuming our valuable rural lands or open space."Excerpt from Affordable Housing Action Plan. Staff believes the proposed zoning is consistent with the AACP. It is important to note that this land continues to be considered for a significant affordable housing development. The concept of this potential development, Burlingame Village, is included in the draft 1998 AACP and represents many of the goals and objectives of the Community Plan. Staff, however, believes that individual land use applications should be able to"stand on their own"with respect to the finally adopted AACP and does not wish to prejudge the project and up-zone the Burlingame Ranch parcel without the opportunity to fully evaluate the proposed project, its impacts, and its consistency with the AACP in its adopted form. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses,considering existing land use and neighborhood characteristics. Staff Finding: Western Portion. Surrounding the western half of the parcel is a low-density residential development, the base of Buttermilk Ski Area, and Sardy Field—the only private and commercial airport in the county. The portion of the Burlingame Ranch parcel remaining in the county, and not part of this rezoning, is proposed for one single-family residence which staff believes is consistent with the residential neighborhood. The area affected by the airport is proposed for the Conservation Zone District restricting the land appropriately while still allowing for passive and active recreational and farming uses. The majority of the flat portion of this land is encumbered by the"Runway Protection Zone"(RPZ)prohibiting permanent structures, including residences. The majority of the steep terrain to the west is too steep to accommodate a significant amount of development. The Conservation zone is the most appropriate for this area as the 10 acre zoning is the least-dense classification in the City. None of this parcel is contiguous with the Buttermilk Ski Area parcel and no coordinated development is being considered at this time. However, the land closest to the ski area base could accommodate a limited amount of development to the extent that compliance with the RPZ could be maintained. In the event this area is considered for development, an application to rezone may need to be submitted if the uses being considered are not allowed in the Conservation Zone. The Conservation(C)zoning for the western portion of this parcel is appropriate given the surrounding land uses and neighborhood characteristics. Staff Comments 3 Eastern Portion. The eastern half of the parcel is surrounded by the Maroon Creek Club(MCC) facilities and affordable housing. To the south exists the MCC facilities including short-term lodge accommodations, golf course and associated uses including the primary maintenance facility for the course, a complete athletic club with a restaurant, a retail pro-shop, and a multi- unit affordable housing complex. To the east are active agricultural and cattle lands. To the north there is a multi-use development(the ABC)containing commercial,residential, and light industrial land uses and an approved single-family residential neighborhood. The eastern parcel includes Deer Hill. This area is steeply sloped and inappropriate for a significant amount of development. Surrounding Deer Hill are several flat areas which can accommodate development. The area just north of the MCC affordable housing is appropriate for a high-density residential development due to its proximity to existing infrastructure and transit service. The MAA Seasonal housing project is currently being considered for land use approval. If the Seasonal Housing project is approved,the zoning for that parcel will coincide with the final Ordinance granting land use approval. The other developable portions of the eastern half of the parcel are the "bowl"area just north of the Soldner parcel and the area south and east of the BMC West parcel. The bowl is relatively flat and can accommodate a significant development. Regardless of the ongoing discussions with the Zoline Family,this bowl area can accommodate a significant amount of development and could be justifiably zoned for Affordable Housing. However, in absence of a conceptual plan describing the proposed uses and densities of such a project, it is inappropriate to judge the merits of a land use application before it is submitted. The Rural Residential designation, while it may represent an under-utilization of the property, is appropriate given the current status of the potential Burlingame Village project and the nature of the previous county zoning. The portion of the eastern parcel located closest to the Aspen Airport Business Center(the ABC) represents the remaining developable area on this parcel. In combination with one of the ABC parcels, a significant amount of development could be accommodated. Again, in absence of a plan describing the uses and concentrations, it is difficult to pre judge the merits of a potential development application. Staff recommends this area be zone Rural Residential. The steep portions of Deer Hill are proposed for the Conservation Zone District. The Conservation Zone allows for passive and active recreational uses and provides a sufficient amount of protection for the natural landscape. Staff believes these two zoning classifications for the eastern portion of the parcel are compatible with the surrounding land uses and neighborhood. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding: The difference in build-out potential and trip generation between the existing zoning and the proposed zoning is insignificant. Exhibit B describes the provisions of the previous Pitkin County zoning and the proposed City of Aspen zoning. The density and build-out projections of this analysis are based on pure zoning and do not account for growth management. The existing road network has sufficient capacity to serve the allowable density of the land with this proposed zoning. Staff Comments 4 E. Whether and the extent to which the proposed amendment would result in demands on public facilities,and whether and the extent to which the proposed amendment would exceed the capacity of such facilities,including, but not limited to,transportation facilities,sewage facilities,water supply, parks,drainage,schools,and emergency medical facilities. Staff Finding: The proposed zoning does not represent the development potential to overwhelm existing infrastructure capacities. The potential developments on this property for Seasonal Housing and the Burlingame Village project will be required to mitigate the increased impacts on the infrastructure including parks, schools, drainage, etc. to the extent those facilities are negatively affected. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding: The zoning classifications proposed resemble the zoning which was provided in the county as close as the City's zoning code allows. The Conservation district is appropriate for preserving the steep slopes, undisturbed natural sage, and indigenous wildlife associated with Deer Hill and the steep portions of the western portion of the property. Staff believes this Conservation zoning to be appropriate with respect to adverse impacts upon the natural environment. Again, staff believes it is more appropriate for the potential affordable housing developments to "stand on their own"with respect to this criteria and does not wish to postulate on the impacts associated with these projects until a full application is submitted. For example: the Seasonal Housing project is requesting a rezoning along with the land use review which allows staff and elected and appointed officials to consider the proposed development along with the up-zoning. Staff believes the Rural Residential zoning to be appropriate for an area that can support development. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding: The update of the AACP is considering a multi-layered approach in defining the appropriate concentrations of development in Aspen and its environs. The Burlingame Ranch parcel has been identified by the update of the AACP which is currently under review and revision. The general understanding of the uses and concentrations being discussed for this parcel are for approximately 101 units(200 beds)of seasonal housing units to be located near the Maroon Creek Club affordable housing. (This project is currently under land use review.) The second project being considered is for approximately 200 to 250 affordable housing units to be located on either the bowl just east of Deer Hill or further to the east in combination with the Zoline Family. The actual configuration and density associated with this larger project may vary greatly from the current concept as this project is in the abstract phase and may be significantly changed as the planning process unfolds and as the community desires the project to go forward. Staff Comments 5 Staff believes the Conservation and Rural Residential Zone Districts to be appropriate for the land. It should be noted, however,that significant affordable housing developments are being considered for this parcel in the Community Plan and future up-zonings may occur as land use applications are submitted. Staff believes these projects, at a conceptual level, represent consistency with the character of the community but does not wish to prematurely up-zone the property without the benefit of reviewing more concrete plans and their bearing on the community's character. In this respect, these zoning designations may represent"place-holders" until such time as complete development applications are presented and reviewed in their entirety. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: The City has a statutory obligation to provide this property with zoning within 90 days of the final annexation. The property was annexed into the City on May 10, 1999. This property has been the recent topic of affordable housing discussions and may be appropriate for a substantial development. In fact, the update of the Aspen Area Community Plan has identified this parcel as a potential development site for affordable housing. In this sense, there have been significant changes in the community and in the general surroundings which could justify zoning this property to the Affordable Housing Zone District. However, without a development application defining the location and density of development it is difficult to ascertain the level of impact with respect to the surrounding land uses, traffic generation, impacts upon infrastructure, the natural environment, and the community character. Until the community arrives at a decision as to whether or not to develop the Burlingame Ranch as affordable housing, staff believes these zone districts to be appropriate for both the interim and long-term (if housing is not developed). In the event the community decides against an affordable housing development, these zone districts provide a range of land uses and densities consistent with the historical land use for the parcel. 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: Assigning zoning to this parcel must be accomplished within 90 days of the final annexation. These two zone districts represent the closest approximation to the previous Pitkin County zoning, and do not pose any conflicts with the public interest. Staff believes the proposed zoning district promote the purpose and intent of this Title and is in harmony with the public interest. Staff Comments 6 EXHIBIT B BURLINGAME RANCH Zoning Analysis: Previous Pitkin County Zoning Proposed City of Aspen Zoning Land Area Build-Out Land Area Build-Out (acres) (res. units) (acres) (res. units) AFR-10 107 10 Conservation 143 14 AFR-2 71 (C) 35 Rural 35 17 Residential Total 178 (RR) 45 Total 178 I 31 Notes: 1. Land area excludes areas within road rights-of-way. 2. The density figures do not consider growth management and do not reflect actual development rights. 3. The proposed 101 unit Seasonal Housing Project is not included in this tabulation. This 3.9 acre parcel lies within a portion of the area proposed for the Rural Residential Zone District. Pending approval,this area will be rezoned to Residential Multi-Family(RMF-A). MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Direct r FROM: Christopher Bendon, Planne '^ RE: Burlingame Ranch Rezoning li V H g-- ublic Hearing DATE: June 1, 1999 SUMMARY: Burlingame Ranch is a City owned parcel of land recently annexed into the City gTaclimits. This 178 acre parcel of land lies on both sides of State Highway 82 at the intersection with Owl Creek Road. State Statute requires the property to the appropriate zone district(s) within 90 days of the final assign n annexation. I A 37 ..f acre parcel of land originally part of the Burlingame Ranch was not annexed into the City and remains in Pitkin County. This county parcel is expected to be sold 12 Z f as a single-family development site after a building envelope is designated and � �,�� approved by Pitkin County. The 37 acre parcel is no longer part of Burlingame Ranch, is not within the City's jurisdiction, and is not part of this zoning recommendation. Burlingame Ranch has been the topic of several potential affordable housing developments. `Burlingame Villa e "" is a significant development concept for approximately 200—250 affordable housing units to be located either in the "bowl" area, or"parcel A,"or land north and east of the bowl in coordination with the Zoline Family parcel. This concept is just that—a concept. No plans have been submitted for this project and this memorandum does not contain any findings or recommendation concerning Burlingame Village. Due to the lack of information available at this time on the potential project, staff is recommending this bowl area be zoned Rural Residential (RR)—a two-acre zoning consistent with the previous Pitkin County zoning. The second area discussed for possible affordable housing is the "Seasonal Housing" site. This land was referred to as "parcel B" during initial discussion about the ranch. This Seasonal Housing project has received preliminary land use approval and is currently being considered for final land use approval. The land use application requests a rezoning of the land to the Residential Multi-Family (RMF-A) Zone District. Staff is recommending this land be assigned to the Rural Residential Zone District with the expressed acknowledgement of, and deference to if approved, the pending land use application. In other words, if the seasonal project is approved the zoning will defer to the more specific Ordinance. If for any reason the seasonal 1 project is not approved, the recommendation for Rural Residential will prevail and will not have to be reconsidered by the Commission. The last area for possible future affordable housing is the land adjacent to the southern portion of the Aspen Airport Business Center. This area was referred to as areas "C"and "D" during initial discussion about the Ranch. Again, while this area can support the development of affordable housing, no plans have been submitted and this memorandum doesnot contain any findings or opinions about development on this portion of Burlingame Ranch. Staff recommends this area be assigned to the Rural Residential Zone District. The remaining areas of Burlingame Ranch are "Deer Hill" and the entire portion of the property west of State Highway 82`These s, for the most part, are inappropriate for significant development due to steep slopes or the airport. These areas, approximately 143 acres, are proposed for the Conservation Zone District—a ten-acre zoning consistent with the previous Pitkin County zoning. Lastly, the annexation included approximately 9 acres of land within the State Highwa 82 right-of-way. There are no development rights associated with rights-of- way and no significant reasons to apply zoning to these lands. Both the City of Aspen and Pitkin County have traditionally applied zoning to these lands for less significant reasons: 1) the maps look better; 2)most jurisdictions apply zoning to rights-of-way; and, 3) an appropriate zone district is effective if the area is ever vacated. Staff has included language in the proposed Resolution assigning land within the annexed rights-of-way to the zone district of the adjacent parcel. Staff recommends the Planning and Zoning Commission forward a recommendation of approval to City Council for this property to be included in the Conservation and Rural Residential Zone Districts, as described in Resolution 99 - APPLICANT: Community Development Department, City of Aspen. LOCATION: Corner of State Highway 82 and Owl Creek Road (See attached location map.) ZONING: Former Pitkin County Zoning: Approximately 107 acres was zoned AFR-10, and approximately 71 acres was zoned AFR-2 Proposed.• Approximately 143 acres in Conservation(C). Approximately 35 acres in Rural Residential (RR). A more specific zoning analysis is provided as Exhibit B. 2 LOT SIZE: 187 acres. A 37 acre parcel previously part of the Burlingame Ranch was not annexed and remains in Pitkin County. Approximately 9 acres is within the State Highway 82 corridor leaving approximately 178 acres of developable land. CURRENT LAND USE: Undeveloped lands. PROPOSED LAND USE: The portion of Burlingame Ranch closest to the Maroon Creek Club affordable housing complex is currently being considered for a 101 unit affordable housing development. There have been discussions for significant affordable housing projects on both the "bowl" area on the far east of the parcel and the area south and east of the BMC West parcel. Both of these projects are merely conceptual and no formal application has been submitted. PREVIOUS ACTION: The Commission has not previously considered this rezoning request. REVIEW PROCEDURE: Rezoning. The Planning and Zoning Commission shall consider the application at a public hearing and recommend approval, approval with conditions, or denial to City Council. BACKGROUND: The subject property was annexed into the City of Aspen on May 10, 1999. The City has a statutory obligation to provide this property with zoning within 90 days of the final annexation. A land use application for a 101 unit Seasonal housing complex is currently under review for that area of Burlingame Ranch just north of the Maroon Creek Club affordable housing complex. This recommendation proposes Rural Residential (RR) for this area while the Seasonal Housing land use application is requesting a rezoning to the Residential Multi-Family Zone District. Staff has approached this rezoning in this manner to maintain zoning similar to that provided in the county in the event the Seasonal Housing application is not approved. The proposed P&Z resolution proposes RR for this area with the specific deference to any final decision on the Seasonal Housing project. STAFF COMMENTS: Review criteria and Staff Findings have been included as Exhibit A. An analysis of the previous and proposed zoning is provided as Exhibit B. Previous and proposed zoning maps are provided as Exhibit C. Legal descriptions defining the zoning boundaries are attached by exhibit to the proposed Resolution. 3 The Pitkin County Community Development Department has reviewed this proposed zoning and concurs with the proposed zoning. The City of Aspen Transportation Department has reviewed this recommendation and is in concurrence with planning staff's findings. RECOMMENDATION: Staff recommends the Planning and Zoning Commission forward to City Council a recommendation of approval to rezone this property to the Conservation (C) and Rural Residential (RR) Zone Districts. RECOMMENDED MOTION: "I move to recommend City Council rezone this property, Burlingame Ranch, to the Conservation(C) and Rural Residential (RR) Zone Districts as described in Planning and Zoning Commission Resolution 99 - 71 ATTACHMENTS: Exhibit A -- Review Criteria and Staff Comments Exhibit B --Zoning Analysis Exhibit C -- Previous and Proposed Zoning Maps 4 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL REZONE BURLINGAME RANCH TO THE CONSERVATION (C)AND RURAL RESIDENTIAL (RR) ZONE DISTRICTS. PARCEL NO. 2735-031-00-805 Resolution #99 - DRAFT WHEREAS, a parcel of land located on either side of State Highway 82 at the Owl Creek Road intersection, commonly referred to as `Burlingame Ranch"was annexed into the City of Aspen on May 10, 1999, pursuant to Ordinance No. 16, Series of 1999; and, WHEREAS, the property is approximately 186.8 f 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,the City Council may approve Amendments to the Official Zone District Map (Rezoning) after taking and considering recommendations from the Community Development Director, the Planning and Zoning Commission made at a duly noticed public hearing, and taking and considering public testimony at a duly noticed public hearing in conformance with the review criteria set forth in Section 26.92; and, WHEREAS, the Community Development Department analyzed the parcel of land and recommended the property be included in the Conservation (C) and Rural Residential (RR)Zone Districts; and, WHEREAS, the boundaries for said zone district designations are described below; and, WHEREAS, the Community Development Department, recognizing the pending land use application to rezone a portion of this parcel located just north of the Maroon Creek Club affordable housing complex for the purpose of a Seasonal Affordable Housing development, recommended the Planning and Zoning Commission include language associated with the area of the proposed project to allow the more specific land use approvals to prevail; and, WHEREAS, during a duly noticed public hearing on June 1, 1999, the Planning and Zoning Commission took and considered public testimony and recommended, by a to vote C_- ), City Council include this property in the Conservation (C) and Rural Residential (RR)Zone Districts, as described. NOW, THEREFORE BE IT RESOLVED by the Commission: That the City Council should include the land commonly referred to as Burlingame Ranch in the Conservation (C) and Rural Residential (RR)Zone Districts, as described below, and direct the Community Development Director to amend the Official Zone District Map accordingly. Burlingame Ranch legal description: The Burlingame Ranch parcel is legally described as: Legal from Jim *** Land Pro'osed for the Rural Residential RR Zone District: Land to be included in the Rural Residential Zone District should include: 1. The portion of Burlingame Ranch residing east of State Highway 82 and south of the Aspen Airport Business Center, legally described as follows: [Legal from Jim ***] 2. The portion of Burlingame Ranch residing east of State Highway 82 and commonly referred to the "bowl,"legally described as follows: [Legal from Jim ***] 3. The portion of Burlingame Ranch residing east of State Highway 82 and currently being considered for a 101 unit seasonal affordable housing development, legally described as follows: [Legal from Jim ***] Land Proposed for the Conservation (C) Zone District: Land to be included in the Conservation Zone should include: 1. The entire portion of Burlingame Ranch, within the City of Aspen, residing west of State Highway 82, and the portion of Burlingame Ranch residing east of State Highway 82, known as "Deer Hill,"legally described as follows: [Legal from Jim *** (Whole Ranch minus RR areas)] Land Within Road Rights-of-Way: All land within State Highway 82 and other public street rights-of-way shall be zoned consistent with the City Zone District designation of the adjacent parcel. In the event the right-of-way is bordered by two different City zone districts, the center line shall become the zoning boundary. In the event the right-of-way is bordered entirely by parcels in Pitkin County jurisdiction, the zoning for that area of the right-of-way shall be consistent with the City Zone District designation of the parcel in closest proximity. AND, BE IT FURHER RESOLVED by the Commission: That in the event the pending land use application for the Seasonal Affordable Housing development is approved, the zoning for that land should coincide with the recommendations and approvals granted in the final Ordinance for said project, otherwise the zoning for that land should be Rural Residential. APPROVED by the Commission at its regular meeting on June 1, 1999. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: DRAFT City Attorney Robert Blaich, Chair ATTEST: Jackie Lothian,Deputy City Clerk C:home/chrisb/cases/Big_Burly/PZ Reso.doc EXHIBIT A BURLINGAME RANCH STAFF COMMENTS: Burlingame Ranch Rezoning Section 26.92.020, Standards Applicable to Rezoning In reviewing an amendment to the official zone district map,the City Council and the Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding: The proposed zoning is consistent with the Land Use Code and does not represent any potential conflicts. 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 considering there is no formal application describing the uses and densities proposed in the proposed Burlingame Village. This zoning recommendation proposes Rural Residential(RR) for that area being considered for the Seasonal Housing project. Pending approval,that land will be rezoned to the RMF-A Zone District. Staff has incorporated language in the proposed P&Z Resolution designating the 3.9 acre area to be zoned RR or as otherwise approved with the pending land use application for the Seasonal Housing project. This allows the zoning for the entire ranch to move forward independent of the pending application and allows the Commission's recommendation to remain valid regardless of the Seasonal Housing project's outcome. In fact, the proposed Seasonal Housing project may be considered by Council prior to the zoning for the entire Burlingame Ranch, in which case the Ordinance rezoning the entire ranch will reflect the approved zoning classification for the Seasonal Housing project. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding: Contrary to many statements that have been made about this parcel,the 1993 AACP did not identify Burlingame Ranch as a site for affordable housing. Of course this 1993 plan identified specific parcels based on a then current understanding of their ownership and immediate future. Staff underscores a commonly used statement about comprehensive plans: They are broad in scope and general in nature. While the 1993 plan considered specific parcels,the more general parcel characteristics are not limited by arbitrary ownership boundaries. In other words, what was said about one parcel can often times be said about the neighboring parcel. In close proximity to Burlingame Ranch and providing some guidance for this parcel,two sites were identified in the 1993 AACP with the following recommendations: Staff Comments 1 The Zoline parcel: 1 ("great"rating), deed restricted lots via the growth management process. If this property ever submits a growth management application for development this would be an appropriate location for deed restricted lots. Pfister(Maroon Creek Club AH): 2 ("good"rating), if in the event the Development Corporation cannot put the 39 deed restricted units in the location as approved at the intersection of Stage Road and Highway 82,the location should be re-evaluated and perhaps units should be dispersed throughout the property in a less-dense manner. The Zoline parcel could still be developed and sold as deed restricted lots. However, there has been presented the opportunity for a partnership with the City to develop an affordable housing project on a portion of the Zoline parcel. The Pfister parcel(Maroon Creek Club)was developed in the original development pattern (not re-evaluated). The affordable housing units were a mitigation requirement by the County and the property is now within the City of Aspen. The draft update of the community plan(the 1998 AACP) identifies the Burlingame Ranch parcel as a secondary site for the development of affordable housing. This is a draft plan and has not been adopted. Following are statements relevant to the Burlingame parcel from the draft AACP: ■ ". . . we again call for a critical mass of permanent residents and employees to be housed within the urban area. Our goal is to reverse the tide and bring back the ebbing balance of our community/resort."Excerpt from Managing Growth Philosophy. • "We should endeavor to bring back the middle class back into the community. We should discourage sprawl and recognize its cost to the character of our community, our open spaces, and our rural resources."Excerpt from Managing Growth Philosophy. • "To conserve our rural resources, we recommend that an Aspen Community Boundary be identified. . . A Community Growth Boundary will focus and reduce infrastructure expenditures, reduce the spread of development into the countryside and maintain a rural character between communities,while at the same time promoting concentrations of development supportive of transit and pedestrian accessibility."Excerpt from Managing Growth Philosophy. • "Local and regional land use and development patterns should enable and support travel by alternative modes of transportation. New development should take place only in areas well served by transit, and only in compact, mixed-use patterns that are conducive to walking and bicycling."Excerpt from Transportation Philosophy. • "We still believe that a `critical mass' of local working residents is needed to sustain our economy."Excerpt from Affordable Housing Philosophy. ■ ". . . we believe it is important for Aspen to maintain a sense of opportunity and hope (not a guarantee) for our workforce to become vested members of the community."Excerpt from Affordable Housing Philosophy. Staff Comments 2 • "Housing sites should be rated with emphasis placed on living within walking distance of transit, employment areas and social connections."Excerpt from Affordable Housing Philosophy. • "Development of affordable housing within the traditional town site should be encouraged so as to protect our open and rural lands."Excerpt from Affordable Housing Philosophy. • "Evaluate opportunities for publicly held properties to be developed or redeveloped to include or be replaced by affordable housing. The public holds properties that could be redeveloped with affordable housing without impeding the existing use. These parcels should be evaluated for their qualities as affordable housing sites and their ability to contribute to our town's affordable housing dilemma without consuming our valuable rural lands or open space."Excerpt from Affordable Housing Action Plan. Staff believes the proposed zoning is consistent with the AACP. It is important to note that this land continues to be considered for a significant affordable housing development. The concept of this potential development, Burlingame Village, is included in the draft 1998 AACP and represents many of the goals and objectives of the Community Plan. Staff, however, believes that individual land use applications should be able to"stand on their own"with respect to the finally adopted AACP and does not wish to prejudge the project and up-zone the Burlingame Ranch parcel without the opportunity to fully evaluate the proposed project, its impacts, and its consistency with the AACP in its adopted form. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses,considering existing land use and neighborhood characteristics. Staff Finding: Western Portion. Surrounding the western half of the parcel is a low-density residential development,the base of Buttermilk Ski Area, and Sardy Field—the only private and commercial airport in the county. The portion of the Burlingame Ranch parcel remaining in the county, and not part of this rezoning, is proposed for one single-family residence which staff believes is consistent with the residential neighborhood. The area affected by the airport is proposed for the Conservation Zone District restricting the land appropriately while still allowing for passive and active recreational and farming uses. The majority of the flat portion of this land is encumbered by the"Runway Protection Zone"(RPZ)prohibiting permanent structures, including residences. The majority of the steep terrain to the west is too steep to accommodate a significant amount of development. The Conservation zone is the most appropriate for this area as the 10 acre zoning is the least-dense classification in the City. None of this parcel is contiguous with the Buttermilk Ski Area parcel and no coordinated development is being considered at this time. However,the land closest to the ski area base could accommodate a limited amount of development to the extent that compliance with the RPZ could be maintained. In the event this area is considered for development, an application to rezone may need to be submitted if the uses being considered are not allowed in the Conservation Zone. The Conservation(C)zoning for the western portion of this parcel is appropriate given the surrounding land uses and neighborhood characteristics. Staff Comments 3 Eastern Portion. The eastern half of the parcel is surrounded by the Maroon Creek Club (MCC) facilities and affordable housing. To the south exists the MCC facilities including short-term lodge accommodations, golf course and associated uses including the primary maintenance facility for the course, a complete athletic club with a restaurant, a retail pro-shop, and a multi- unit affordable housing complex. To the east are active agricultural and cattle lands. To the north there is a multi-use development(the ABC)containing commercial, residential, and light industrial land uses and an approved single-family residential neighborhood. The eastern parcel includes Deer Hill. This area is steeply sloped and inappropriate for a significant amount of development. Surrounding Deer Hill are several flat areas which can accommodate development. The area just north of the MCC affordable housing is appropriate for a high-density residential development due to its proximity to existing infrastructure and transit service. The MAA Seasonal housing project is currently being considered for land use approval. If the Seasonal Housing project is approved,the zoning for that parcel will coincide with the final Ordinance granting land use approval. The other developable portions of the eastern half of the parcel are the"bowl"area just north of the Soldner parcel and the area south and east of the BMC West parcel. The bowl is relatively flat and can accommodate a significant development. Regardless of the ongoing discussions with the Zoline Family, this bowl area can accommodate a significant amount of development and could be justifiably zoned for Affordable Housing. However, in absence of a conceptual plan describing the proposed uses and densities of such a project, it is inappropriate to judge the merits of a land use application before it is submitted. The Rural Residential designation, while it may represent an under-utilization of the property, is appropriate given the current status of the potential Burlingame Village project and the nature of the previous county zoning. The portion of the eastern parcel located closest to the Aspen Airport Business Center(the ABC) represents the remaining developable area on this parcel. In combination with one of the ABC parcels, a significant amount of development could be accommodated. Again, in absence of a plan describing the uses and concentrations, it is difficult to pre judge the merits of a potential development application. Staff recommends this area be zone Rural Residential. The steep portions of Deer Hill are proposed for the Conservation Zone District. The Conservation Zone allows for passive and active recreational uses and provides a sufficient amount of protection for the natural landscape. Staff believes these two zoning classifications for the eastern portion of the parcel are compatible with the surrounding land uses and neighborhood. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding: The difference in build-out potential and trip generation between the existing zoning and the proposed zoning is insignificant. Exhibit B describes the provisions of the previous Pitkin County zoning and the proposed City of Aspen zoning. The density and build-out projections of this analysis are based on pure zoning and do not account for growth management. The existing road network has sufficient capacity to serve the allowable density of the land with this proposed zoning. Staff Comments 4 E. Whether and the extent to which the proposed amendment would result in demands on public facilities,and whether and the extent to which the proposed amendment would exceed the capacity of such facilities,including, but not limited to,transportation facilities,sewage facilities,water supply, parks,drainage,schools,and emergency medical facilities. Staff Finding: The proposed zoning does not represent the development potential to overwhelm existing infrastructure capacities. The potential developments on this property for Seasonal Housing and the Burlingame Village project will be required to mitigate the increased impacts on the infrastructure including parks, schools, drainage, etc. to the extent those facilities are negatively affected. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding: The zoning classifications proposed resemble the zoning which was provided in the county as close as the City's zoning code allows. The Conservation district is appropriate for preserving the steep slopes, undisturbed natural sage, and indigenous wildlife associated with Deer Hill and the steep portions of the western portion of the property. Staff believes this Conservation zoning to be appropriate with respect to adverse impacts upon the natural environment. Again, staff believes it is more appropriate for the potential affordable housing developments to "stand on their own"with respect to this criteria and does not wish to postulate on the impacts associated with these projects until a full application is submitted. For example: the Seasonal Housing project is requesting a rezoning along with the land use review which allows staff and elected and appointed official to consider the proposed development along with the up-zoning. Staff believes the Rural Residential zoning to be appropriate for area that can support development. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding: The update of the AACP is considering a multi-layered approach in defining the appropriate concentrations of development in Aspen and its environs. The Burlingame Ranch parcel has been identified by the update of the AACP which is currently under review and revision. The general understanding of the uses and concentrations being discussed for this parcel are for approximately 101 units(200 beds)of seasonal housing units to be located near the Maroon Creek Club affordable housing. (This project is currently under land use review.) The second project being considered is for approximately 200 to 250 affordable housing units to be located on either the bowl just east of Deer Hill or further to the east in combination with the Zoline Family. The actual configuration and density associated with this larger project may vary greatly from the current concept as this project is in the abstract phase and may be significantly changed as the planning process unfolds and as the community desires the project to go forward. Staff Comments 5 Staff believes the Conservation and Rural Residential Zone Districts to be appropriate for the land. It should be noted, however,that significant affordable housing developments are being considered for this parcel in the Community Plan and future up-zonings may occur as land use applications are submitted. Staff believes these projects, at a conceptual level, represent consistency with the character of the community but does not wish to prematurely up-zone the property without the benefit of reviewing more concrete plans and their bearing on the community's character. In this respect,these zoning designations may represent"place-holders" until such time as complete development applications are presented and reviewed in their entirety. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: The City has a statutory obligation to provide this property with zoning within 90 days of the final annexation. The property was annexed into the City on May 10, 1999. This property has been the recent topic of affordable housing discussions and may be appropriate for a substantial development. In fact,the update of the Aspen Area Community Plan has identified this parcel as a potential development site for affordable housing. In this sense, there have been significant changes in the community and in the general surroundings which could justify zoning this property to the Affordable Housing Zone District. However, without a development application defining the location and density of development it is difficult to ascertain the level of impact with respect to the surrounding land uses,traffic generation, impacts upon infrastructure, the natural environment, and the community character. Until the community arrives at a decision as to whether or not to develop the Burlingame Ranch as affordable housing, staff believes these zone districts to be appropriate for both the interim and long-term (if housing is not developed). In the event the community decides against an affordable housing development,these zone districts provide a range of land uses and densities consistent with the historical land use for the parcel. 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 Findin : Assigning zoning to this parcel must be accomplished within 90 days of the final annexation. These two zone districts represent the closest approximation to the previous Pitkin County zoning, and do not pose any conflicts with the public interest. Staff believes the proposed zoning district promote the purpose and intent of this Title and is in harmony with the public interest. Staff Comments 6 EXHIBIT B BURLINGAME RANCH Zoning Analysis: Previous Pitkin County Zoning Proposed City of Aspen--------_- p Zoning Land Area Build-Out --- -__ (acres) (res. units) and Area Build-Out nits) 107 AFR-10 �--- - - - --- 10 - -- -- - (acres) (res. units) Conservation iIiiiiiiiiuiiiuiI 14 143 eal IIII Total I 178 __ _ Total? 178 j Notes: 1. The density figures do not consider growth management and do not reflect actual development rights. 2. The proposed 101 unit Seasonal Housing Project is not included in this tabulation. This 3.9 acre parcel lies within a portion of the area proposed for the Rural Residential Zone District. Pending approval, this area will be rezoned to Residential Multi-Family(RMF-A). APPLICANT: Community Development LOCATION: Burlingame Ranch ACTION: Rezoning Standards applicable to a land use code text amendment: A. Whether the proposed amendment is in conflict with any applicable portions of this title. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. D. The effect of the proposed amendment on traffic generation and road safety. E. Whether and the extent to which the proposed amendment would result in demands on public facilities,and whether and the extent to which the proposed amendment would exceed the capacity of such facilities,including, but not limited to, transportation facilities, sewage facilities,water supply,parks,drainage, schools,and emergency medical facilities. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. IL Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. 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. 4 Memorandum City of Attorney's City ys°Mee TO: Mayor and Members of Council FROM: John P. Worcester U pl-ed( DATE: May 10, 1999 I\kcL\.,..( II�6v RE: Burlingame Ranch g Annexation Ordinance-Second Reading Attached for your consideration and review is a proposed ordinance which, if adopted, would annex the Burlingame Ranch Property to the City of Aspen. This matter is before you for Second Reading and Public Hearing. The petition for annexation was filed with the City Clerk on January 20, 1999. On January 21, 1999, City Council adopted a resolution finding substantial compliance with Section 31-12-107(1), C.R.S. A public hearing was held on March 8, 1999, at which time Council determined that the proposed annexation was in compliance with §§ 31-12-104 and 31-12-105, C.R.S. Attached for your information please find a copy of the Burlingame Ranch Annexation Report prepared by the City Community Development Department for the Pitkin County Board of County Commissioners. The report was prepared in accordance with state law as the area proposed to be annexed is greater than ten acres. Appended to the report is a copy of a map of the area proposed to be annexed. City staff will be present at the public hearing 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. ACTION REQUIRED: A Motion to approve Ordinance No. 1 b , Series of 1999. JPW-05/05/99-G:\john\word\memos\burlingame.doc 1 ORDINANCE NO. /(o (Series of 1999) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF APPROVING THE ANNEXATION OF CERTAIN ASPEN, COLORADO, COLORADO, TO BE KNOWN AND DESIGNATED TERRITORY TO THE CITY OF ASPEN, ANNEXATION. URLINGAME RANCH„ WHEREAS, on January 20, 1999, the City Manager of the City of Aspen did of the City of Aspen, with the City Clerk of the City of Aspen p file, on behalf Y p n a Petition for Annexation of territory to the City of Aspen; and WHEREAS, the petition, including accompanying copies of an reviewed by the City Attorney's Office and the City Engineer annexation map, has been ty gmeer and found by them to contain the information prescribed and set forth in §31-12-107, C.R.S.; and WHEREAS, the owners of one hundred percent (100%) of the area proposed to exclusive of streets and alleys, have consented in writing to the p be annexed, g annexation; and WHEREAS, the City Council, by resolution (Number 6, Series of 1999 meeting on Janu ) at its regular ary 21, 1999, did find and determine said Petition for Annexation to be in substantial compliance with the provisions of§31-12-107, C.R.S.; and WHEREAS, the City Council, by resolution (Number 18, Series of 1999 meeting on March 8, 1999, did find and determine, following 1999) at its regular ng a public hearing, said Petition for Annexation to be in substantial compliance with §§ 31-12-104 and 31-12- 105, C.R.S.; and WHEREAS, the City Council does hereby find and determine that approval annexation of said territory to be in the City's best interest; of the NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE ASPEN, COLORADO: CITY OF • Section 1. That the tract of land described in the Petition for Annexation commonly referred to as the `Burlingame Ranch", and as shown on the annexation map,Annexation, p, is hereby annexed to the City of Aspen, Colorado. Sect--- ion 2. The City Clerk of the City of Aspen is hereby directed as follows: (a) To file one copy of the annexation map with the original of this annexation ordinance in the office of the City Clerk of the City of Aspen. (b) To certify and file two copies of this annexation ordinance and of the annexation map with the Clerk and Recorder of the County of Pitkin, State of Colorado. (c) To request the Clerk and Recorder of Pitkin County to file one certified copy of this annexation ordinance and of the annexation map with the Division of Local Government of the Department of Local Affairs, State of Colorado. Section 3. The City Engineer of the City of Aspen is hereby directed to amend the Official Map of the City of Aspen to reflect the boundary changes adopted pursuant to this annexation ordinance. Section 4. That 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. That this ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. 2 A public hearing on the ordinance shall be held on the day of y , 1999, in the City Council Chambers,Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the Council of the City of Aspen on the day of y City 1999. John S. Bennett,Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted,passed and approved this day of 1999. John S. Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk JPW-04/21/99-G:\john\word\ords\burlingame.doc 3 MEMORANDUM TO: Mayor and City Council • THRU: Julie Ann Woods. Community Development Director Joyce Ohlson, Deputy Director FROM: Christopher Bendon, Planner 1 Jf) U iJ RE: Burlingame Ranch Rezoning—Information Item DATE: May 10, 1999 SUMMARY: As part of the statutory requirements of annexation, the City of Aspen has an obligation to zone the Burlingame Ranch property within 90 days of final annexation. This memorandum, however, does not contain a formal recommendation for zonin the Burlingame Ranch and does not require any action by City Council. g This is an information item discussing the existing zoning, as the property exists in Pitkin County, and the City of Aspen zoning which is currently under consideration by the Community Development Department. Also described is the public hearin process necessary for the initial zoning. g EXISTING& PROPOSED ZONING: Attached are two maps describing the existing and proposed zoning. The existing County zoning consists of two zone districts: Agricultural/Forestry/Residential (AFR-2 and AFR-10). These two districts allow virtually identical uses with differin density. (The 2 and 10 designation refers to the required acres of lot size.) Both g zones allow for a single-family residence of 15,000 square feet in size. The zoning which the Community Development Department is considering consists of two zone districts: Conservation (C) and Rural Residential (RR). Following is a brief description of the two districts: Conservation (C): 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. Permitted uses. Detached residential dwelling; course; riding stable; cemetery; crop production, orchards,nurseries, flower golf production and forest land; pasture and grazing land; dairy; fishery; animal production; husbandry services (not including commercial feed lots)and other farm and agricultural uses; railroad right-of-way but not a railroad yard; home occupations; and accessory buildings and uses. 1 Conditional uses. Guest ranches; recreational uses including a riding academy, stable, club, country club and golf course, ski lift and other ski facilities; sewage disposal area; water treatment plant and storage reservoir; electric substations and gas regulator stations (not including business or administration offices); and accessory dwelling units meeting the provisions of Section 26.40.090. Rural Residential (RR): Purpose. The purpose of the Rural Residential (RR)zone district is to allow utilization of land for low density, long term residential purposes with the recreational, institutional, public and other compatible uses customarily found in proximity to those uses allowed as permitted uses or conditional uses. Permitted uses. Detached residential dwelling; farm building and use, provided that all such buildings and storage areas are located at least 100 feet from pre-existing dwellings on other lots; nursery; greenhouse; home occupations; and, accessory buildings and uses. Conditional uses. Public building; public and private academic school; church; radio tower; recreation club; day care center; open use recreation site including ski runs, ski lifts and other skiing facilities and structures; sewage disposal; water storage and reservoir; electric substation or gas regulator station(not including building for offices, repair or storage); accessory dwelling units meeting the provisions of Section 26.40.090; and, veterinary clinic. ZONING PROCESS: The City is required by State Statute to assign zoning to newly annexed properties within 90 days of the final annexation. The City Council makes the final determination with respect to zoning property by adopting an Ordinance at a public hearing after considering public testimony, a recommendation by the Planning and Zoning Commission, and a recommendation by the Community Development Director. The recommendation made by the Planning and Zoning Commission also includes a public hearing and an opportunity for members of the public to comment. The public hearing with the Planning and Zoning Commission is scheduled for June 1, 1999, at a meeting beginning at 4:30 p.m. in the basement of City Hall. The consideration by City Council will follow and will most-likely occur in mid-July. A more definite City Council schedule will be available from the Community Development Department in June. ATTACHMENTS: A—Current Zoning Map B —Proposed Zoning Map 2 te 0 0 c aC CO C . 0 m E °0' i- 0v i di al C aje m c a� 5 A 0 ■ c.) 0 J 1 / • • I .s' ./ - j)J ••,.,1 11\ . 0- •j I N ; � r / OCR..., ____ ,/�/� t f 1. /' �� I r , .,� / _. �� �@ \ - — ZJ / 44I V.• 94'5' �:� - `� k IQ, `. ' 0 V. 1z/ / / .f/aa / / ••f�� — < r, i 7. el :. . r N` ' . R . 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(it hip Igo Gam- I I COA.ce;1/41 (%"- - CifdAU - ICI 50f0_ �� prere , Y lIIL - 1 r . cri 4/AAkry\AQ 17 ,q owedy G GM\IIMAKk . royy f W �y+s�,twe . JUN-22-99 25: 3S FROM:DREXEL ID: 3034424338 PAGE 1/9 Drexel Barrel! & Co. \ t"2t) ` FAX COVER SHEET Engineers To: CURTIS AND ASSOCIATES Surveyors Boulder Colorado Springs Greeley 4840 Pearl East Circle Suite 114 Fax Number: 970-925-5046 Boulder,Colorado 8 030 1-2475 From: 303 442 4338 DREXEL BARRELL& Co. 4840 Pearl East Circle, Suite 114 Boulder, Colorado, 80301-2475 FAX NUMBER: (303) 442-4373 Re: NEW LEGALS PARCEL A Date: 6-22-99 -5 :6P b Time: 4+:98- MESS' HE ONE THAT'S OFFSET 75 FEET FROM THE ORIGINAL 502�- NEW ONE FOLLOWING THE CONTOUR LINE. LET ME KNOW IF YOU - 1' •ULD LIKE ME TO E-MAIL A THE DRAWING TO PATRICK SO HE CAN OVERLAY IT TOTAL NUMBER OF PAGES INCLUDING THIS COVER PAGE: If you do not receive all pages, please call: 6 at(303) 442-4338 y ; ,/2 *, fr? Le - ', c \.0 , Z/v b 2/ 11/ 5 1/2 rbe,, 6,6 fl,,,,o, „,, it ice/- G,.,�_ l l itc-bieA (1)()& Aliti21/ �` ' 1 I51i Iriiplf‘.7. 17-‘10. l 6440 D cie 10 A1/2 OA/ - JUN-22-99 15= 35 FROM=DREXEL ID: 3034424339 PAGE 2/9 Drexel Ban-ell &c,. T -\ Engineers/Surveyors June 21, 1999 Boulder, A legal description of a tract of land located in Worado Springs, the W1/2 of Section 2, T1OS, R85W of the 6th P.M. , Greeley Pitkin County, Colorado to be rezoned described as 4840 Pearl East Circle follows: Suite 114 Boulder.Colorado 80301.2475 PARCEL A 303 442 4338 303 442 4373 Fax Commencing at the W1/4 corner of said Section 2 from which the Northwest Corner of said Section 2 bears NO3°54'00"E thence N57°24'44"E, 1122.47 feet to the Westerly line of that tract of land as described in deed recorded in Book 351 at Page 144 of the records of Pitkin County and the TRUE POINT OP BEGINNING. The following courses and distances are along the Westerly and Southwesterly line of the tract of land as described in said Book 351 at Page 144: Thence S02°19'31"W, 97.64 feet; Thence SOO°09'12"E, 57.52 feet; Thence S24°33'30"E, 90.25 feet; Thence S23°06'36"E, 294.29 feet; Thence S19°00' 16"E, 80. 14 feet; Thence S01°13'45"E, 243.16 feet; Thence 502°09'17"W, 165.45 feet to the North line of that tract of land as described in deed recorded in Book 181 at Page 320 of the records of Pitkin County, Colorado; Thence leaving the Westerly line of that tract of land as described in said Book 351 at Page 144, N87°13'00"W, 324.69 feet along the Northerly line of that tract of land as described in said Book 181 at page 320 to the Northwest corner thereof; (S. Pulling - 5665-5C - 5028L2.SP) tea, JUN-22-99 15: 36 FROM:DREXEL ID= 3034424338 PAGE 3/6 Legal Description (Continued) Page 2 Thence S01°46'00"E, 157.34 feet along the West line of that tract of land as described in said Book 181 at Page 320; Thence Northerly, 1760.17 feet along the arc of a curve concave Easterly said arc having a radius of 571.68 feet, a central angle of 176°24'38" and being subtended by a chord that bears N07°17'50"E, 1142.80 feet to the TRUE POINT OF BEGINNING. Area = 18.441 acres more or Less Legal Description Prepared By: Scott A. Pulling, PLS#27936 Drexel Barrell & Company 4840 Pearl East Circle, Suite 114 Boulder, Colorado 80301-2475 (303) 442-4338 (S. Pulling - 5665-5C - 5028L2 .SP) JUN-22-99 16. 36 FROM-DREXEL ID.3034424336 PAGE 4/G - v Drexel Barre11 &c>. /-r\ Enaineers/Surve)or June 21, 1999 Boulder, Colorado Springs. Greeley A legal description of a tract of land located in the W1/2 of Section 2, T10S, R85W of the 6th P.M. , 4 Pearl East Circle Pitkin County, Colorado to be rezoned described as Suite 114 follows: Boulder.Colorado S030I-2173 303 442 4338 PARCEL A 303 442 4373 Fox Commencing at the W1/4 corner of said Section 2 from which the Northwest Corner of said Section 2 bears NO3°54'00"E thence N54°23'15"E, 1167.08 feet to the Westerly line of that tract of land as described in deed recorded in Book 351 at Page 144 of the records of Pitkin County and the TRUE POINT OP BEGINNING. The following courses and distances are along the Westerly and Southwesterly line of the tract of land as described in said Book 351 at Page 144: Thence 502°19'31"W, 172.74 feet; Thence S00°09'12"E, 57.52 feet; Thence S24°33 '30"E, 90.25 feet; Thence S23°06'36"E, 294.29 feet; Thence S19°00'16"E, 80.14 feet; Thence S01°13'45"E, 243 .16 feet; Thence S02°09'17"W, 165.45 feet to the North line of that tract of land as described in deed recorded in Book 181 at Page 320 of the records of Pitkin County, Colorado; Thence leaving the Westerly line of that tract of land as described in said Book 351 at Page 144, N87°13'00"w, 324.69 feet along the Northerly line of that tract of land as described in said Book 181 at page 320 to the Northwest corner thereof; (S. Pulling - 5665-5C - 5028L3.SP) • I efFeSi I JUN-22-99 15= 37 FROM=DREXEL ID= 3034424339 PAGE S/6 Legal Description (Continued) Page 2 Thence S01°46'00'*E, 233.55 feet along the West line of that tract of land as described in said Book 181 at Page 320; Thence Northwesterly, 127.83 feet along the arc of a curve concave Northerly said arc having a radius of 646. 68 feet, a central angle of 11 019'34" and being subtended by a chord that bears N76°31'01"W, 127.63 feet; Thence N29°07'50"W, 26.29 feet; Thence Northwesterly, 74.84 feet along the arc of a curve concave Southwesterly said arc having a radius of 1226.18 feet, a central angle of 03°29'50" and being subtended by a chord that bears N30°52'45"W, 74.83 feet; Thence Northwesterly, 217.44 feet along the arc of a curve concave Southwesterly said arc having a radius of 615.87 feet, a central angle of 20°13/43" and being subtended by a chord that bears N47°39'27"W, 216.31 feet; Thence Northwesterly, 17.24 feet along the arc of a curve concave southwesterly said arc having a radius of 36.57 feet, a central angle of 27°01'00" and being subtended by a chord that bears N65°54'20"W, 17. 09 feet; Thence Northwesterly, 181.80 feet along the arc of a curve concave Northeasterly said arc having a radius of 110.00 feet, a central angle of 94°41'39" and being subtended by a chord that bears N26 057'02"W, 161.80 feet; Thence Northerly, 78.93 feet along the arc of a curve concave Northwesterly said arc having a radius of 215.00 feet, a central angle of 21°02'02" and being subtended by a chord that bears N04°36'17"E, 78.49 feet; Thence Northeasterly, 107.96 feet along the arc of a curve concave Easterly said arc having a radius of 100. 00 feet, a central angle of 61°51'26" and being subtended by a chord that bears N22°05'39"E, 102.79 feet; Thence N32°46'23"E, 253.93 feet; Thence Northerly, 93. 73 feet along the arc of a curve concave Westerly said arc having a radius of 77.03 feet, a central angle of 69°42'58" and being subtended by a chord that bears N06°14'58"E, 88.05 feet; Thence Northeasterly, 178.74 feet along the arc of a curve (S.Pulling - 5665-5C - 5028L3.SP) JUN-22-99 15: 39 FROM:DREXEL ID: 3034424339 PAGE 6/6 Legal Description (Continued) June 21, 1999 Page 3 concave Southeasterly said arc having a radius of 99. 38 feet, a central angle of 103°02'59" and being subtended by a chord that bears N29°51'34"E, 155.60 feet; Thence Northerly, 62.83 feet along the arc of a curve concave Southwesterly said arc having a radius of 20.00 feet, a central angle of 180°00'00" and being subtended by a chord that bears N11°20'50"W, 40. 00 feet; Thence S78°39'10"W, 108.72 feet; Thence Northwesterly, 70.00 feet along the arc of a curve concave Northeasterly said arc having a radius of 35.00 feet, a central angle of 114°35'30" and being subtended by a chord that bears N44°03'05"W, 58.90 feet; Thence Northeasterly, 238.21 feet along the arc of a curve concave Southeasterly said arc having a radius of 207.35 feet, a central angle of 65°49'23" and being subtended by a chord that bears N45°17'23"E, 225. 32 feet; Thence Easterly, 301.60 feet along the arc of a curve concave Southerly said arc having a radius of 646.68 feet, a central angle of 26°43'18" and being subtended by a chord that bears N81°46'22"E, 298.87 feet; Area = 14.231 acres more or less Legal Description Prepared By: Scott A. Pulling, PLS#27936 Drexel Barrell & Company 4840 Pearl East Circle, Suite 114 Boulder, Colorado 80301-2475 (303) 442-4338 (S. Pulling - 5665-5C - 5028L3.SP) D. gel Barrell a,co, • Engineers/Surveyors June 10, 1999 Bou'der, A legal description of a tract of land located in Colorado Springs, the W1/2 of Section 2, T1OS, R85W of the 6th P.M. , Greeley Pitkin. County, Colorado to be rezoned described as follows: Su.zd. i4 flps:i4zr.Co:oracto 8030I-2475 PARCEL A 303 44'433'3 303 4.;?4373 rz Commencing at the W1/4 corner of said Section 2 from which the Northwest Corner of said Section 2 bears NO3°54'00"E thence N54°23'15"E, 1167. 08 feet to the Westerly and Southwesterly line of that tract of land as described in deed recorded in Book 351 at Page 144 of the records of Pitkin County and the TRUE POINT Of BEGINNING. The following courses and distances are along the Westerly and Southwesterly line of the tract of land as described in said Book 351 at Page 144: Thence S02°19'31"W, 172 .74 feet; Thence S00°09'12"E, 57.52 feet; Thence 524°33'30"E, 90.25 feet; Thence 523°06'36"E, 294.29 feet; Thence 519°00'16"E, 80. 14 feet; Thence S01°13145"E, 243.16 feet; Thence S02°09'17"W, 165.45 feet to the North line of that tract of land as described in deed recorded in Book 181 at Page 320 of the records of Pitkin County, Colorado; (S. Pulling - 5665-5C - 5028L.SP) Legal Description (Continued) Page 2 Thence leaving the Westerly line of that as described in said Book 351 at Page 144, $tract of land 4. along the Northerly line of that tract�of land`as*,described inet said Book 181 at page 320 to the Northwest corner thereof; Thence S01°46'00"E, 233. 55 feet along the West line of that t of land as described in said Book 181 at Page 320; Tact Thence Northerly, 2001.28 feet along the arc of a curve concave Easterly said arc having a radius of of 177°18'49" and being subtended by a4chordithat bears angle N06°28'36"E, 1293.01 feet to the TRUE POINT OF BEGINN N Area = 18.441 acres more or less Legal Description Prepared By: Scott A. Pulling, PLS#27936 Drexel Barrell & Company 4840 Pearl East Circle, Suite 114 Boulder, Colorado 80301-2475 (303) 442-4338 (S. Pulling - 5665-5C - 5028L.SP) E, D._Ae1 Barrel' c;,. /9-1\ EnOneers/Survecors Boulder. June 10, 1999 Colorado Springs. Greeirt A legal description of a the W1/2 of Section 2, tract of land located in Pe;:rJ all in rlos and the EI/2 of Section 3 Colorado to be8rezonedhdescribed.aspfoll wsounty, 3ollc:r. Colorado C?i ;-24-5 3G$ =33S 0.4--43-3 F \ p`--- CEL B Commencing at the E1/4 corner of said Section 3 from which the Northeast Corner of said Section 3 bears NO3 S59°19'12"W, 777. 77 feet to Easterly °54'04 l'�i thence ne of Colorado State Highway No. 82 as described in deed recorded in Book 157 Page 535 of the records of Pitkin County, Colorado and TRIIE POINT OP BEGINNING, Thence Northerly, 306.92 feet along Easterly right-of-way said Colorado State Highway �' ght-of-wa concave Colorado g y No. 82 and along the arc of a curve cnnca of Easterly, said arc having a radius 2242.00 feet a central N09°38'38"W ofd being subtended by a chord that bears 306. 69 feet; Thence S90°00'00"E, 484 .72 feet; Thence S45°10'37"E, 28.24 feet; Thence S50 016'0$"E, 23. 15 feet; Thence Southeasterly, 233. 18 feet along the arc concave Southwesterly said arc having radius 25 a curve 0.01 a angle of 53°26'22" and being subtended byachord that, bearsntral S32°01'47"E, 224.82 feet; Thence 505°18'34"E, 43. 81 feet; Thence Southerly, 148.48 feet along the arc of a curve concave Southwesterly, said arc having a radius of 291.87 feet a central angle of 29°08'50" and being subtended by a chord that bears S23°13'04"E, 146.88 feet; (S. Pulling - 5665-5C - 5030L.SP) Legal Description (Continued) May 31, 1999 Page 2 Thence S33°55'52"E, 120.63 feet; Thence S27°34'48"E, 42.39 feet; Thence Southeasterly,Southwesterly, 206.79 feet along the arc of central angle of 27°25'53"dared being 431.92 curve a bears s ° having radius 46 00 12"E, 204.82 feet; 9 subtended by a chord that Thence S28°20'20"W, 82.67 feet to the Northerly line of Creek Club Subdivision (North)Map ) Annexation (North Maroon Annexation e akin County, in Plat Book 41 at(Pageh77 Of the an y, Colorado; Page 77 of the records The following courses and distances The said fol Mwingn Creek e Club s are along the Norther) Parcel) : Subdivision(North) Annexation (North Thence N64°10'oo"w, 55.03 feet; Thence N55°44'009w, 75.14 feet; Thence N58°07'58W, 86. 98 feet; Thence N62°00'02"W, 70.17 feet; Thence N64 030'00"w, 328, 51 feet; Thence S42°12'41"w r 2.57 feet; Thence N64°30'02"w, 37.66 feet; Thence N60°13 'OOnW 308.40 feet TRUE POINT OF BEGINNrNG. Area = 7.308 acres more or less Legal Description Prepared By: Scott A. Pulling, PLS#27936 Drexel Darrell & Company 4840 Pearl East Circle, Suite 114 Boulder, Colorado 80301-2475 (303) 442-4338 (S. Pulling - 5665-5C - 5030L.SP) B .gel Barre11 s,co. /-\\ Engineers/Surveyors Boulder, June ld 1999 Colorado Sprirg,s. Greeie} A legal description of a tract of the NE1/4 of Section 3, TIOS• R85W land of the lecat 6th hd in 4340 Pearl East Circle P.M. , Pitkin Count SGiCei,- described as follows:COlarado to be rezoned Boulkter. Colora o S030;-24-5 03 ` '-Y PARCEL C 303-142 43-3 Fax Commencing at the Northeast corner of said Section 3 thence S03°54'00"E, 60_83 feet along the East line of the NE1/4 of said Section 3 to the TRUE POINT OF BEGINNING. Thence S03°54'00"W, 628.59 feet along the East line of the NE1/4 of said Section 3; / Thence S34°10'31"W, 104.09 feet; Thence S46°43 '48"W, 171.11 feet; Thence S31°07'15"W, 28.33 feet; Thence S16°45'45"W, 50.87 feet; Thence 512°34'30"W, 57.66 feet; Thence Southwesterly, 229.84 feet along the arc o concave to the Northwest said arc having of a curve central angle of 16°36'14" being subtended bbyd radius or 793. 11, a S27°50'56"W, 229. 03 feet; by a chord that bears Thence S41°21'17"W 196.41 feet; Thence southwesterly, 196. 02 feet along the arc of concave to the Southeast said arc having f c60ve central angle of 16°59'43" being subtended by a c of 660.85, a S36°00'46"W, 195.30 feet; by a chord that bears (S.Pulling - 5665-5C - 5033L.SP) Legal Description (Continued) Ma y 31, 1999 ► Page 2 Thence N89°57'53"W, 232.36 feet to the East right-of-way line of Colorado State Highway No. 82 as described in deed recorded in Book 157 Page 535 of the records of Pitkin County, Colorado; Thence NO3°14'00"E, 512.82 feet along the East h y of said Colorado State Highway No. 82 to the South line'ofYaline tract of land as described in deed recorded in Book 243 at Page 773 of the records of Pitkin County, Colorado; Thence along the South and Southeasterly line of that deed recorded in said Book 243 at Page 773, the following (4)courses: Thence S86°46'04"E, 356.35 feet; Thence N23°32'23"E, 711.89 feet; Thence N28°46'07"E, 201.45 feet; Thence N38°25'48"E, 174. 73 feet to the East line of the NE1/4 of said Section 3 and the TRUE POINT OF BEGINNING. Area = 8. 818 acres more or less Legal Description Prepared By: Scott A. Pulling, PLS#27936 Drexel Barrell & Company 4840 Pearl East Circle, Suite #114 Boulder, Co 80301-2475 (303) 442-4338 (S.Pulling - 5665-5C - 5033L.SP) FROM SOLDNE-STEF PHONE NO. : 19706681477 Jan. 25 1999 11:45AM P1 Date: 1-25-99 Number of pages 2 Wf cover FAX COVER SHEET ' w 4 _ To: Mayor Bennett and each member of City Council From: Stephanie and Paul Soldner Re : Anexation of Burlingame Property 9999 COMM Comments : I am sending to each of you a copy of rY a letter that was sent back in December to each-of you. Because I. am not certain that the letter was delivered, and because the decision to annex was delayed, I am faxing this letter to each of you again. Paul and I will not be attending today' s s m Therefore, Y meeting. please take this letter as: our ' comments _this evening. Thank you for your time and consideration. • . 344kg.r,e ‘ c0C-44124-2 SOLDNB l Pottery Equipme nt PC.Box CO.AsDert Co 81612 (970)925.3742 FROM : SOLDNE-STEF PHONE NO. : 19706681477 Jan. 25 1999 11:46AM P2 Stephanie Sullivan PO box 90 Aspen, Co. 81612 December 11 , 1998 Dear Mayor Bennet and members of City Council, I am writing to you because I have been told that you will be considering the question of annexing the Burlingame property during the December 15th City Council meeting. Unfortunately my father and I cannot attend. Therefore, I am writing to ask you to please consider the following. We understand that Council must move forward with plans for the MAA/ Seasonal housing project. We support this project and realise that you must annex this area in order to proceed. My father and I are very concerned that you will be annexing ALL of the Burlingame property when it is still very unclear where, what kind, and how much housing may be built on the east side of Deer Hill. It is my understanding that in order to annex and subsequently zone an area (which is required by law within 90 days of annexation), the city must have a clear plan/proposal for the area to be zoned. I have seen the zoning proposal for the Burlingame property. It shows AR 72 zoning in the bowl. This is a surprise and disappointment. We understood that as of now no housing was planned in the bowl. In fact, you have authorized Jim Curtis and Dave Tolen to work with both the Aspen Valley Land Trust and the Zoline family to avoid this very thing. It is alarming that you are now designating AR zoning in this area. I respectfully request that you please consider drawing a line down the top of Deer Hill and annex only the part of Deer Hill that is on the west side, the area necessary to proceed with the MAA/SKl CO project which is well defined and generally approved of by all. Although it may be cumbersome to divide an area being considered for annexation and subsequent zoning, it is not impossible. As an act of good faith towards all parties involved please put off the annexation and zoning of the east side of Deer Hill until the future. Thank you for your consideration of this important matter. Sin erel , Ste hanie Soldner Sullivan Tr -C O O •� ^ N E Et C co t O CI a) N / ,4-, cr, o 6 ca C .4.1+ Z --11"1111, r\ w E `3) c .c, „, >, cm 2 0 1 ,_ > c. o � L co co : U O � � m o - � � � i k ���tY ���'x�t-'t ts Yr'�' �t�3A �,�� Zh � ; � S � i k • ,,,, S A t s;°* 4zosi,y,og ,&, ` : © t - ---e • 11„. i , 1. 1 1: 1a � SY„a, 1 I , / ?i,-4,, 1 . , I a./ 1 FI 1 - E� I 1 A s a r r_ r.,: ,E, j'jfjR4'-i-Sf Ytt?poF§ i {;."y”, Wit' /• r ; v V B I - ..., -F I ; "ark ' I' ' --N, ��4?a • - F_ s r ,-1 - ∎i/ !. i _ Y` / '�. 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AFR-2 Zoning Acreage N '‘,‘,•,-.-. .,„„ : .::. , , . 4/ / p:,'i ,-• , ,,, / ' / -- ''-' ..-,,,.. ill '•.c,/-ii./P‘•,,, 1 -- v 24.1 Ac. / City / -,-, - •-r.,,,,..„.:k..:, , :: --,-.:- -::."Vill ;I/ --:'N.,:;;,c.,,,,,,,,,,.- -,:, ,‘-''' ' ,,q'''';' ''''• ' 11/ 72.5 Ac. : IA\ • '..."'-:.."-.... ''-:' ,- \....,... <, - r . Zoline...north south 31.6 Ac. i , ,' A • / . \ AVLT 10.1 Ac. \ / \ , / ' n s N --, Total 138.3 Ac. • i....)- • t *01104101/4W10 k\ 41/41=?---I.) 0 300 600 ■Ilisa■ Iff 1/6/99 Existing Pitkin Count AFR-2 Zoninl Acreale BURLINGAME RANCH CONTEXT PLAN Attachment 8 (JM' 2, County of Pitkin } AN 14 1D AVIT OF NO' F/ 4f1 , } ss. TO ASPEN LAND U do SECTION 26.52.060( / I ' (1 State of Colora } I, ' , th Tiviii,V, , Applicant • th- City of Aspen,personally certify that I have complie requirements •a suant to Section 26.52.060(E)of the Aspen Municir manner: 1. By mailing of notice,a copy of which is attached hereto, by first-class postage prepaid U.S. Mail to all owners of property thin thr a hundred(300)feet of the subject property, as indicated on the attached 1' t, on the day of f/V!� 199 (which is L days prior to the public hearing date of • 2. By posti a sign in a conspicuous place on the subject property(as it could be seen fro;n the Barest p ublic way)and that the yd sign w posted and visible continuously from the I day �!/ day of , 199 the ,to of , 199 . (Must be posted for at least ten 0) days before the hearing date). A p tograph of the posted sign is attached hereto. Sig .ture • d before me this y day of V u' J (Attach photograph here) 199�' .by J tN4/0 1V°/70 .-----' an •ez LtC2 - - WITNESS MY HAND AND OFFICIAL SEAL Co ission ,ir. : .0>_4115.18A:%, G L.�..., / a .m «. ., 1 1 otary Puri ;c %01,CHRIS{ 9> '•"..... . P,' (child)? 6/07/1A PUBLIC NOTICE \j'2t' RE: BURLINGAME RANCH REZONING TO O THE CONSERVATION (C) AND RURAL RESIDENTIAL (RR) ZONE DISTRICTS NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, July 12, 1999, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St.,Aspen,to rezone the property to the Conservation(C) and Rural Residential (RR) Zone Districts. Burlingame Ranch is located on both sides of State Highway 82 at the Owl Creek Road intersection. The property is legally described as Lots 6 and 18, Section 2, and Lots 1, 7, 8, 9, 10, 16, 17, 18, 19, 20 and 21, Section 3, TS105, R85 W of the 6th PM, with exceptions. For further information, contact Chris Bendon at the Aspen/Pitkin Community Development Department, 130 S. Galena St.,Aspen, CO (970) 920-5072,chrisb @ci.aspen.co.us. s/Rachel Richards,Mayor Aspen City Council Published in the Aspen Times on June 26, 1999 City of Aspen Account • • • MEMQRANDUM Bendon, Community Development Department TO: Chris Sarah Oates , Community Development Department FROM: Jim Curtis , Project Manager DATE: May 17, 1999 RE: Burlingame Ranch Zoning Application Property Owners Within 300' of Burlingame Ranch • P Owners Within 300' of Burlingame Submitted herein are the "Property Application. This list is true and Ranch Zoning pP 17, 1999, based on the Ranch" for the best owl Burlingame the applicant as of May records to the best Assessor's and Treasurer's Offices. Multi-mailing records of the Pitkin County owners where the applicant addresses have been used for aproperty representative or attorney• the property owner has for all public notices, mailings, etc. for the Please us e this list a lication. Please feel free to call on any Questions Burlingame Ranch zoning PP (920-1395.) Thank you. Err jUgLINGAME RANCH ZOINING APPLICATION PROPERTY OWNERS WITHIN 300' OF BURLINGAME RANCH 1, parcel No. 2735-03-400040 Craig Stapleton g Craig R. Stapleton CEO Stapleton Property Stapleton Associates Dave Myler P.O. Box 1576 Daveich, Myler, et.al, Attorneys Greenwich, CT 06836 106 South Mill Street, Suite 202 Aspen, CO 81611 2. parcel No. 2735-02-309052 Maroon Creek Apt. LP Maroon Creek Apt. LP Pearce Equities 10 Club Circle Pearce Equities C/O Andrew V. Hecht Garfield & Hecht, Attorneys Aspen, CO 81611 601 E. Hyman Ave. Aspen, CO 81611 3. Parcel No. 2735-02-309051 Maroon Creek LLC Maroon Creek LLC Maroon Creek Club House Maroon Creek Club House Pearce Equities Pearce Equities uities C/O Andrew V. Hecht P 10 e Club Circle Garfield & Hecht, Attorneys Aspen, CO 81611 601 E. Hyman Ave. Aspen, CO 81611 4. Parcel No. 2735-02-309051 Maroon Creek Club Lot 51 Maroon Creek Club Lot 51 Aim. 0. Pfister Arthur 0. Pfister C/O Andrew V. Hecht P.O. Box EE Garfield & Hecht, Attorneys Aspen, CO 81612 601 E. Hyman Ave. Aspen, CO 81611 5. Parcel No. 2735-112-209053 Maroon Creek LLC Maroon Creek LLC Golf Course Golf Course Pearce Equities 10 Club Circle Pearce Equities C/O Andrew V. Hecht Garfield & Hecht, Attorneys Aspen, CO 81611 601 E. Hyman Ave. Aspen, CO 81611 6. Parcel NO. 2735-112-209055 Maroon Creek LLC M Maroon Creek LLC az Common Area Common Area Pearce Equities 10 Club Circle Pearce Equities C/O Andrew V. Hecht Garfield & Hecht, Attorneys Aspen, CO 81611 601 E. Hyman Ave. Aspen, CO 81611 7, parcel No. 2735-02-300005 Soldner Family Partnership Soldner Family Partnership Soldner Stephanie Sullivan Paul Soldner P.O. Box 2238 P.O. Box 90 Frisco, CO 80443 Aspen, CO 81612 8, parcel No. 2735-02-300006 Family Jose h T. Zoline Joseph Zoline Ranc P h Zoline Family Ranch Zoline Fame Y C/O John Litton and 624 N. Canon Drive Pamela Zoline Lifton Beverly Hills, CA 90210 P.O_ Box 997 Telluride, CO 81435 2 9. parcel No. 2735-02-409851 City of Aspen City Manager 130 S. Galena Street Aspen, CO 81611 10. Parcel No. 2735-02-200802 Park Trust Ltd. Park Trust Ltd. CEO Reid Haughey P.O. Box 940 1228 gings Row Ave. CO 81612 Carbondale, CO 81623 Aspen, • . 11. Parcel No. 2735-02-400004 Connie HarVeY Connie Harvey 1100 Stage Road 42DAABC Aspen, CO 81611 Aspen, C081611 12. parcel No. 2735-02-400005 Joy Caudill • P.O. Box FF Aspen, CO 81612 13. Parcel No. 2735-03-100045 Dale Eubank 0498 Rose Lane CO Carbondale, 14. Parcel No. 2735-03-101001&2 BMC Holdings, Inc. P.O. Box 7006 720 park Blvd, Suite 200 Boise, ID 83707 15. Parcel No. 2735-03-101003 U.S. West Communications 6300 S. Syracuse Way Suite 700 N Englewood, CO 80111 16. Parcel No. 2735-02-200001 Robert Lorton Tulsa World P.O. Box 200801 Tulsa, OK 17. Parcel No. 2735-03-400039 Norwest Bank Des Moines, Trustee Friedl Pfeifer Trust P.O. Box 837 Des Moines, IA 50309 18. parcel No. 2735-03-100004 Otto Studhalter & Patricia K. Jt. 3 Seven Oaks Road #L4 Glenwood Springs, CO 81601 19. Parcel No. 2735-03-100851 Pitkin County Property Pitkin County Manager 530 E. Main Street, Ste 302 Aspen, CO 81611 20. Parcel No. 2643-343-20085 Pitkin County Airport Pitkin County Airport CIO Pitkin County Manager Airport Meager 233 E. Airport Road, Ste A 530 E. Main Street, Suite 302 Aspen, CO 81611 Aspen, C081611 4 21. parcel No. 2735-03-400948 Buttermilk Mountain Skiing Company C/O Chris Kiley ASC, Planning Department P.O. Box 1248 Aspen, CO 81612 • Footnote: Exhibit #8 is true and correct to the best knowledge C This Updated of May based on the records of the applicant as of May 17, 1999, addresses have been used for t is aware that the property owner has a Assessor's and Treasurer's Offices. Multi-mailing owners where the applicant property local representative or attorney. 5 ___ . _ _ IA •• -.. _____ . , _________:: \\\s4.4., .• • , _- •■■ , MI • • \ % _ ....7 . . 0 .... 't,___________.-r3 a 7. - • . _ •ir , ap, P I'. ,-- + • •„,__---,," \ \ s r- •- .• . , 4 lir I .r. \ \ i a .„.. , , • \ \\ \ -- e4 \ ,... , ?•• 1--, — ,tr,41J1(911 ' • 1."--`.4-• • \ ,,____________ doi. _ _, ., s \ of- N . Aspen Arport .: .5. .. 4 it Business Center -A .7 4 # , Li__ \•.,, it . 1 ,. . -lil • . „. \ - 0 , '1'• 3 1 _▪iti ...t-_- ---1, - , \ (, / i " , ‘ Nt... Jr- I _• "\ _ -,.. --- _ , ,--1 '1;',.:',* ...r,;.; ,., -1 .• ,"''... ..„ • •' 1 ----1 0 ,. '. I " ---- "' -,. ' ,.-.. y ' f.,,,,, . -- .43".•-- . C:I!)-711 4 i Alt, \I li 0 ii ei no al "Ilh a I I 4 -/' v.11,'A,'-,,-;.;'-'focktr,;, '-7,.r2,-,4 :-ys.,„,,,,w4y•e4-- ', -_,-, , ,,, , 2 / x ,.,..1: , ,,,.`,.11'Y:.1#` z \ 7...- ,.•i,:'7", % .:"..,\ II' ' ' Burlingame ,,,e1 0,,„ ,, ,rfif 1 c------A\ ' //>, ' '. , \ .., 1: Ranch ,.. 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Saturday-Sunday,May 15-16, 1999• The Aspen Times 7-C OPiIaoN PUBLIC NOTICE PUBLIC NOTICE ft oas t a n d ICEI INGAME RANCH REZONING TcO ear CONSERVATION(C)AND RURAL RESIDENTIAL eeti ZONE DISTRICTS Tales o NOTICE IS HEREBY GIVEN that a public hearing CONSERVATION R held on Tuesday,June 1,1999 at 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 rezone the property to the Conservation(C)and Rural Residential(RR)Zone Districts.Burlingame Ranch is located on both sides of State Highway 82 at the Owl Creek Road intersection.The property is legally described as Lots 6 and 18,Section 2,and Lots 1,7,8,9,10,16,17,18,19,20 and 21,Sectioen3,OIS5 R85 S of the 6th h,CO,(970)9205072, h For further spen cmation,contact paper and those Chris Bendor at the Aspen/Pitldn Community Development I)epartm Aspen Bla nni Chair Puben PlanmTg and Zoning Commission Published in The Aspen limes on May 15,1999. 4054 •, e ankles = _ _ white, •whit , s� `�. • ,v Warren Miller vote room.Semi-private in a hos - ,�` \, I�ost of us have had a hos- pital means you can have a cur- , \ • 11. pital experience of one fain around your bed when the ' ., ± fL kind or another in our guy in the other bed is doing one = lives.Unfortunately,I have had or more of several things: snoring v x more than my share in the last too loud,hollering for more mor- " , - hine or watching are-run of the 41�' five or six years,including two phine, g shoulder surgeries,a wrist opera- Super Bowl.The curtain of , tion,a badly broken leg,and a course is not soundproof." the Weight Watchers shot for the flu which promptly Agnes, t � \ �+ gave me the flu. dropout nurse,then asked me for + ����-tea Business�� 1 \i, g All of the hospitals I spent any my wedding ring and teeth are _ I� \\ ililrri, ,\ time in seem to follow the same wanted to know if my €] /,, ]! pre-admission pattern that is real or false. She then handed me •./ ' \ \,i• � ' :I_ fiendishly designed by the hospi- a mini smock that I am required ' 'I 'mss• tal board of directors to convince by law to put on backwards.It is i ), 1 w,,i 1 you to go somewhere else the impossible to tie the straps ' i ' next time you need medical behind my back and the mini ...‘ attention of any kind. smock is about an inch longer The admissions experience than a mini-skirt on a Hollywood i e v wally starts when you get into an Boulevard hooker. �" elevator and find yourself riding Since I had played a few \` with three grown men wearing rounds of golf before my hospital green shower caps, green 'Burlingame face masks down around Vise- F North `,/, their throats, and baggy What I saw in the .„.„ green pajamas.You can eas v _ ° i ----\\.., ly tell whether they are coming or going from a hallway were two ‘% surgery by the amount Y 50-gallon drums of ►';''`• blood on their clothes.The ,; ! :ctfp lime Jee mea -t loaves Of three-clay i \\ I level, you finally find the Slk Base \ , toast. . pre-admission offices. This ,. ..0, is where someone who =t yve never heard before asks i4*W bioaphy of your life. The � lady behind the computer key- visit,my tan legs end where my -.*- _ __ _ ��% board has a desk that is only 3 feet alabaster-white ankles begin.My �__ 1$ t do wide, which is barely wide feet look like I have on white J enough to hide her just-as-wide silk,ankle-length socks.Once in _body.Behind her is a calendar that bed,I was given enough shots _ ��® is nine years out of date but has a and subjected to enough indigni- picture on it that she likes.It is the ties to make me pray that this is ors their heirs their successors, and their Taj Mahal and you now recognize the last day I will ever spend in a FOR STORAGE WATER RIGHT.This claim,con- <). l� feet soughs to be made absolute here. Use: sistin of a hs 9 throu h 17,is deleted in assigns,for the purpose of paying the indebted- her accent. hospital. Municipal, domestic, commercial, irrigation, g Parma P g stock watering,fire protection,recreation,and its entirety,and the subsequent claims and pars- ness provided in said Note and Deed of Trust, Finally,someone gave me a fish and wildlife propagation,including storage. graPbe are renumbered accordingly. FOURTH attorney's fee,and the expense of sale,and will When it came time to start y g Comments:The Hawkridge Pond No. 1 water CIABN, APPLICATION FOR UNDERGROUND deliver to the purchasers a Certificate of signing the 34 different forms,I night-night shot and the next right originally was decre ed to Arthur W. WAT RIGHT•...28.Legal description of well: purchase,all as provided by law. realized that I was releasing any- thing I know,I was looking up at Ackerman, Carolyn Ackerman, Gwendolyn Located in the NWl/4 of the NWl/4 of Section Purchase, Maya,1999 g Hansen and Peter Hansen in Case No.82 CW 96. 20,Township 10 South,Range 84 West of the 6th Thomas Carl Oken one connected with the medical the ceiling going by overhead On November 2,1992,in Case No.86 CW 291,the P.M.,Pitkin County,Colorado,the center of the public Trustee of Pltkin County business or anything to do with it, and hearing the thump-thump of Ackermans and Hansens filed a Notice of Pond being located approximately 100 feet from stee Transfer of Conditional Water Right, to Hawk the South line,and 400 feet from the West line of By:Carol L.Foote lw or in the future,yet to be bubble gum stuck to the wheel Ridge Homeowners Association,Inc.However, said Section 20...30.A Date of Appropriation: Dept tublicbation May 15,1999 ivented,worldwide or elsewhere, on the gurney taking me down to the Ackermans and Hansens continue to control October 25,1991. the remainder of the 5.0 acre-foot Hawlvidge YOU ARE HEREBY NOTIFIED THAT YOU HAVE Last Publication:June 12,1999 from any liability ill the event that where they would do the cutting Pond No. 1 water right.What has been done until the last day of JUNE 1999 to file with the Publisher:The Aspen Times toward completion of the appropriation and Water Clerk in quadruplicate a verified state PURSUANT TO THE FAIR DEBT COLLECTION I die while the doctors or anyone and sewing. application of water to a beneficial use as con di- ment of opposition setting forth facts as to why PRACTICES ACT YOU ARE ADVISED THAT MEIN- tionally decreed,including expenditures:In the a certain application should not be granted or yOLD,STAWIARSKI,SHAPIRO,&CODILIS,LLP IS else in this particular hospital is I don't like to hear the conver- why it should be granted only in part or on cer- DEEMED A DEBT COLLECTOR ATTEMPTING TO • $4,of 1993,to eicant an d deepen Hawkridge tain conditions. A copy of such statement of COLLECT A DEBT AND FAX INFORMATION Working On me to correct whatev- SahOn that goes on in the OpeIat fall of 1993,Applicant paid Aspen Earthmoving Y er I have stupidly done wrong to ing room when it is me they are Pond No.1,an d paid$15,647.58 for trenching, opposition must also be served upon the ap vi- OBTAINED WILL BE USED FOR THAT PURPOSE. working on, so I prefer to be plumbing,.wiring,labor and materials to install a cant or the applicant's attorney and an affidavit OBTAINED ld,St WILL B ki,Shapiro,&Codilis,LLP injure myself this time. g > p big gun"irrigation system.Applicant calculates or certificate of such service shall be filed with Carrying five pounds of paper unconscious. This time,howev- that the total capacity of the pond was the Water Clerk,as prescribed by Rule 5,CROP. Lynn M.Janeway,15592 work,I now headed back to the er, some swearing and screaming increased to approximately 5.25 acre-feet.In the (Filing •Fee:$45.00)PEGGY JORDAN,Water Clerk, Hayley L.Belt,28540 fall of 1998,Applicant paid$3,674.04 for materi- Water Division 5; 109 8th Street, Suitelo4; Attorney File#06-9 9-0131 Client#0000757872 elevators where I did as I was woke me up and it was the. arm als and labor to place bentonite in Hawkridge Glenwood Springs,CO 81601. 9200 East Mineral Avenue,Suite 350 Pond No" 1 and for addition plumbing.Water Published in The Aspen Times May 15,1999. Englewood,Colorado 80112 told and got off at the eleventh iar voice of my doctor talkng applied to be neficial use: Date: May 31, 1994. (303)799-0083 Amount:2.0 acre-feet,in addition to 3.0 acre-feet PUBLIC NOTICE EXHIBIT"A" floor,which is 14 floors above very loud. pre,;o„gly decreed absolute. use: Municipal, Notice of Public Trustee Sale PROPERTY LEGAL DESCRIPTION where I signed in.I knew I had 'This machine is broken domestic, commercial, irrigation,stock water- No. 99-10 CONDOMINIUM UNIT B-401,WILLIAMS WOODS CONDOMINIUMS,according to the Map thereof gotten off on the wrong floor, again.Get an electrician and a Proationie ncludi g storagefisDescriptionhof respect Notice o the following Deed of Trust: wen with filed for eecord February 19,1992,in Plat Book however,because what I saw in mechanic up here right away so I place applied to beneficial use:Hansen proper- Original Grantor: Ramona J. Linehan, A.K.A. 28 at Page 58. and according to the the hallway were two 50-gal lon can finish up what I'm doing.I ty Ramona Lea Jonnk Condominium Declaration for Williams woods Location and Ownership of Points of Diversion Original Beneficiary:BNC Mortgage,Inc. Condominiums recorded February 19, 1992,in drums of lime Jell O', 81 pounds can only keep Warren uncon- and Storage: Through the C and M Ditch to Date of Deed of Trust:April 17,1997 Book 669 at Page 672,and re-recorded February of meatloaf,and five loaves of scions for another thirty minutes- Hawkriage Pond No. 1, on Hansen property Recording Date of Deed of Trust:May 2,1997 21,1992,in Book 669 at Page 876. Comments: Applican t asks that the Referee Recordin Info.:Book N/A,Page N/A,Film N/A, published in The Aspen Times May 15,22,29, 'free-day-old toast,all waiting to Besides,I have a golf game at enter his Ruling that the last 2.0 acre-feet condi g June 5,12,1999.(40520) ie loaded onto the luncheon trays 1:30." tionally decreed to Hawlvidge Pond No. 1 be Reception 404032 made absolute,with appropriation date of April County of Recording:Pitkin "blow,is it his right wrist Or zo,1912,for municipal,domestic,commercial, Original Principal Amount:$99,162.00 PUBLIC NOTICE of the hospital patients. 9>' irrigation,stock watering,fire protection,re cce Current Unpaid Principal:$98,815.31 Retracing my steps,I found his left wrist that needs fixing. acon. fish and wildlife propagation purposes, Property foreclosed is all of the property encunr NOTICE TO CREDITORS g ag berea by Deed of Trust: ESTATE OF OLIVE N4.0 MAROLT the nurses'station on the floor As I drifted back to sleep my inclu acts F ndhi of Reasonable IDiligencec or Probate No.98 PR ,Division 3 req g SEE ATTACHED EXHIBIT A that I was supposed to bed down thoughts were about how mar-h remaining 2.0 acre feet conditionally Purported Common Address:401 Williams Way, All persons having claims against the above- on before my surgery later in the velous managed medical care has aApplication e �o�t lag ends outl ne of the Aspen,Colorado named estate are required to present them to y work done to put the water right to beneficial THE LIEN F.RECLOSED MAY NOT BE A FIRST OLIVE N. MAROLT or to the District Court of day.Agnes,who weighs 314 become.My advice: std 1 ruse (4 plus exhibit).t LIEN, Pitkln County,Colorado,on or before August 23, pounds,led me to my semi-pri- healthy,for your own good• 27.(sgew191 wean ounty, Roaring Fork WHEREAS,IMC Mortgage Company d/b/a IMCC 1999,or said claims may be forever barred. River,Water Dist 38.FIRST AMENDMENT TO Financial, Inc., the legal holder of the Note Maxwell S.Maroit APPLICATION FOR WATER RIGHTS, FOR secured by the above-described Deed of Trust c/o GATES,KNEZEVICH&GARDENSWARTZ,P.C. . CHANGE OF WATER RIGHT AND FOR APPROVAL nos filed written Election and Demand for Sale Attention:Richard A.Knezevich,Esq. Fifty-two A o L+mile a Yeay'• OF PLAN FOR AUG Johnson,ION AND EXCHANGE. as provided in said Deed of Trust; Attorneys for Personal Representative 1 Y• Jl l lliVa7 Ewa Applicant:Peter Johnson,c/o Charles T.Brandt THEREFORE,notice is hereby given that I will,at 533 East Hopkins Avenue,3rd Floor 8 Associates,P.C.,420 E.Main Street,Aspen,CO 10:00 a.m.on Wednesday,June 23,1999 at the Aspen,Colorado 81611 j� 6T J 81611. front steps of the courthouse,at 506 E.Main St., All portions of the original Application not (970)9201700 glUir amended herein shall remain as set forth in that Aspen,Colorado,sell at public auction to the Published• The Aspen Times April 24,May 1,8, For subscription information,please call Dottie'Wolcott at 970.925 3414 ext.219 original Application.Amendments are shown by highest and best bidder for cash,the said real and 15,1999.(38960) underlining. SECOND CLAIM, APPLICATION property and all all interest of the said Grant-