HomeMy WebLinkAboutLand Use Case.RZ.Zoline Open Space.A54-94 CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 07/26/94 PARCEL ID AND CASE NO.
DATE COMPLETE: 2735-023-00-006 A54-94
STAFF MEMBER: LL
PROJECT NAME: Zoline Open Space Amendment
Project Address: Highway 82 - Zoline Open Space
Legal Address: Sect. 2 & 11, Township 10S, Range 85W
APPLICANT: City of Aspen
Applicant Address: 130 So. Galena
REPRESENTATIVE:
Representative Address/Phone:
Aspen, CO 81611
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FEES: PLANNING $ # APPS RECEIVED 1
ENGINEER $ # PLATS RECEIVED 1
HOUSING $
ENV. HEALTH $
TOTAL $
TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: 2 STEP:
P&Z Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
CC Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
DRC Meeting Date
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REFERRALS:
City Attorney Parks Dept. School District
City Engineer Bldg Inspector Rocky Mtn NatGas
Housing Dir. Fire Marshal CDOT
Aspen Water Holy Cross Clean Air Board
City Electric Mtn. Bell Open Space Board
Envir.Hlth. ACSD Other
Zoning Energy Center Other
DATE REFERRED: INITIALS: DU /
FINAL ROUTING: DATE ROUTED: INITIAL: L//�
City Atty City Engineer Zoning E v. Health
Housing Open Space Other:
Y)FILE STATUS AND LOCATION: ' ci
V11 b
MEMORANDUM
TO: Mayor and Council
THRU: Amy Margerum, it Manager
THRU: Stan Claus unity Development Director
FROM: Leslie Lamont, Deputy Planning Director
DATE: October 11, 1994
RE: Zoline Public Open Space Rezoning - Second Reading
Ordinance 47 , Series of 1994
SUMMARY: The City has annexed the publically owned open space
parcel that was purchased from Mr. Zoline into the City. The
parcel must be rezoned within 90 days of annexation.
Rezoning is a two step review process. The Planning and Zoning
Commission has reviewed the rezoning and recommends to Council the
rezoning to Open Space (OS) .
APPLICANT: The City of Aspen
LOCATION: The parcel is 57 . 15 acres and is located on the north
side of Highway 82 on the west side of the Maroon Creek Bridge.
A large scale map of the parcel and surrounding land will be
presented at the Council meeting.
ZONING: County zoning AF-2 PUD
BACKGROUND: The Zoline open space parcel was purchased by the City
with open space funds. The City recently annexed the property into
the City. The bulk of the acreage is currently being developed as
part of the Maroon Creek Golf Course per the terms of a long term
lease with the City. A portion of the annexation contains the
highway right-of-way. The parcel must be rezoned within 90 days
of the annexation. Staff recommends rezoning the Zoline open space
parcel to Open Space (OS) .
Council approved first reading of Ordinance 47 , Series of 1994 at
the September 12 , 1994, meeting.
APPLICANT'S REQUEST: Within 90 days of annexation into the City,
a parcel must be zoned to a City zone district. The annexation
was approved at Council on August 22 , 1994 . A rezoning approval
from Council is sought at this time.
--------------------------------
STAFF COMMENTS: Staff considered appropriate zoning for this
parcel and determined that Open Space would offer adequate
protection to limit development. The purpose of the OS zone is to
"preserve, protect and enhance lesser developed or undeveloped
areas within the City containing unique naturally occurring or
manmade landscape features which provide visual relief and
enjoyment while reflecting or representing community artistic or
architectural statements. Development on the Open Space (OS) zone
district should emphasize and be consistent with the natural
dynamic state of the land and minimize disruption of existing
natural conditions. "
Permitted uses for the OS zone are:
1) Paved and unpaved walkways
2) benches
3) sculpture
4) water features such as ponds, streams, or fountains
5) architectural lighting and downcast low-illumination lighting
for walkways and trails
6) sculptured or manicured landscape features
7) fencing
conditional uses: none
The limitations of the OS zone will preclude the golf course from
building any structures on the property. Staff originally
considered the Park zone district or the Golf Course Overlay
designation, but these allowed a host of structures as permitted
or conditional uses such as recreation building, sport shop,
restaurant facility, maintenance buildings, conference facilities,
active recreation facilities such as tennis courts and swimming
pools, housing, parking lots and lodge. These are clearly
undesirable at this location from staff' s perspective given the
fact that the property was originally purchased with open space
funds.
May Amendment for Rezoning to Open Space (OS) :
Pursuant to Section 24-7-1102 the standards of review for an
amendment to the Official Zone District Map are as follows:
A. Whether the proposed amendment is in conflict with any
applicable portions of this chapter.
RESPONSE: There are no conflicts with the zoning code. A parcel
is required to be zoned by the City within 90 days of annexation.
B. Whether the proposed amendment is consistent with all
elements of the Aspen Area Comprehensive Plan.
2
RESPONSE: The Aspen Area Community Plan has set forth the policy
to "preserve key open space parcels which help to establish the
character of the Aspen Area. " While this site was not specifically
identified in the Plan, this OS rezoning proposal will strictly
preclude any structures on the property.
C. Whether the proposed amendment is compatible with
surrounding Zone Districts and land uses, considering existing
land use and neighborhood characteristics.
RESPONSE: The surrounding county zoning is AF-2 PUD on the south,
west and north, and AF-1 to the east. The Maroon Creek development
surrounds this site on two sides. Other adjacent properties are
larger acreage residential parcels, also in the county. The OS
zone will limit- development according to the permitted use list
which does not include structures.
The Highway 82 right-of-way is included in a portion of this
rezoning. However, staff interprets the right-of-way as a pre-
existing condition with little bearing on the rezoning effort.
D. The effect of the proposed amendment on traffic generation
and road safety.
RESPONSE: The development of the Zoline open space parcel as part
of the Maroon Creek Club locks in this use for the next 90 plus
years. The site itself will not be specifically responsible for
traffic generation above and beyond the golf course. If this use
ceases however, the OS zone will maintain the site in an open,
green state, not subject to radical use alternatives.
E. Whether and the extent to which the proposed amendment
would result in demands on public facilities, and whether and
the extent to which the proposed amendment would exceed the
capacity of such public facilities, including but not limited
to transportation facilities, sewage facilities, water supply,
parks, drainage, schools, and emergency medical facilities.
RESPONSE: The Maroon Creek development is providing water and
drainage utilities necessary for the site. Without structures,
this site will place little demand on transit, schools and medical
facilities.
F. Whether and the extent- to which the proposed amendment
would result in significantly adverse impacts on the natural
environment.
RESPONSE: After completion of the golf course, the site will
remain green and maintained. Per the permitted uses, there will
be few alternatives for the property which could be considered
environmentally detrimental.
3
G. Whether the proposed amendment is consistent and
compatible with the community character in the City of Aspen.
RESPONSE: The proposed OS zone allows the entry to Aspen to remain
free from typical development. This use is consistent with the
Aspen Golf Course property across the Maroon Creek Bridge, as well
as the remainder of the Maroon Creek golf facilities across Highway
82 .
H. Whether there have been changed conditions affecting the
subject parcel or the surrounding neighborhood which support
the proposed amendment.
RESPONSE: As mentioned earlier, a parcel being annexed in to the
City must receive City zoning within 90 days.
I. Whether the proposed amendment would be in conflict with
the public interest, and is in harmony with the purpose and
intent of this chapter.
RESPONSE: The OS zone offers the public the best protection for
this parcel to remain in a less developed state versus the Park or
Golf Course Overlay zones. Staff believes that the proposal is in
harmony with the land use regulations.
RECOMMENDATION: The Planning and Zoning Commission recommends
approval of the rezoning of the Zoline open space parcel and
highway right-of-way to Open Space (OS) upon annexation.
RECOMMENDED MOTION: "I move to approve Ordinance 47, Series of
1994, which rezones the publically owned Zoline open space from AF-
2 PUD to Open Space. "
City Manager' s Comments
Ordinance 47, Series of 1994
EXHIBITS
A. Map of Annexation Area
B. Public- Notice - - - - - - - -
4
ORDINANCE NO. 47
(SERIES OF 1994)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A REZONING FROM
AF-2 PUD TO OPEN SPACE (OS) TO THE PUBLICALLY OWNED ZOLINE OPEN
SPACE SECTIONS 2 & 11, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH
P.M. , HIGHWAY 82, ASPEN COLORADO
WHEREAS, pursuant to Section 24-7-1102 of the Municipal Code
the applicant, the City of Aspen, has submitted an application for
a map amendment to rezone a 57 . 15 acre parcel of publically owned
open space from AF-2 PUD to Open Space; and
WHEREAS, the City of Aspen recently annexed the 57 . 15 acres
into the City and is required to rezone the property within 90 days
of annexation; and
WHEREAS, the City of Aspen has entered into a long-term lease
with the Maroon Creek Club to use the 57 . 15 acres as an extension
of the Maroon Creek Club golf course; and
WHEREAS, the Maroon Creek Club golf course improvements as
shown on the Maroon Creek Club final plat book 33 , pages 3-15 are
a conforming use in this zone district; and
WHEREAS, a duly noticed Public Hearing was held by the Aspen
Planning and Zoning Commission (hereinafter "Commission") on August
16, 1994 to consider the map amendment; and
WHEREAS, the Commission considered the representations made
by the Planning staff and interested public and found that the
rezoning application complies with Section 24-7-1102 ; and
WHEREAS, the Commission recommends to the City Council
approval of rezoning the publically owned open space from AF-2 PUD
to Open Space; and
1
WHEREAS, the Aspen City Council having considered the Planning
and Zoning Commission's recommendationn for a map amendment does
wish to grant the requested map amendment for the 57 . 15 acres of
publically owned open space, Sections 2 & 11, Township 10 South,
Range 85 West of the 6th P.M. , Aspen Colorado.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1: That it does hereby grant rezoning of the 57 . 15 acres
of publically owned open space, Sections 2 & 11, Township 10 South,
Range 85 West of the 6th P.M. , Aspen Colorado from AF-2 PUD to
Open Space.
Section 2 : The Official Zone District Map for the City of Aspen,
Colorado, shall be and is hereby amended to reflect those rezoning
actions as set forth in Section 1 above and such amendments shall
be promptly entered on the Official Map in accordance with Section
24-5-103B of the Municipal Code.
Section 3: That the City Clerk be and hereby is directed, upon the
adoption of this ordinance, to record a copy of this ordinance in
the office of the Pitkin County Clerk and Recorder.
Section 4: If any section, subsection, sentence, clause, phrase
or portion of this ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 5: This Ordinance shall not affect any existing litigation
and shall not operate as an abatement of any action or proceeding
2
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 6: A public hearing on the Ordinance shall be held on the
day of , 1992 at 5: 00 P.M. in the City Council Chambers, Aspen
City Hall, Aspen Colorado, fifteen (15) days prior to which hearing
a public notice of the same shall be published one 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 day of
1994 .
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this day of
1994 .
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
3
?r 17-18, 1991. 71fe Aspen Times 17-C
Public Notice
ORDINANCE NO.47
(SERIES S OF 1997)
AN ORDINANCE OF THE ASPEN CnY COUNCIL
GRANTING A REZONING FROM AF-2 PUD TO OPEN
SPACE(Ob)'I`OI'HEPUBIJCLYOWKD21MFEOPEN �
SPACE SECTIONS 2&11,TOWNSHIP 10 SOUTH,
RANGE 85 WEST OF THE 6111 P.M.,HIGHWAY 82,
ASPEN COIDRADO
WHEREAS,pursuant to Section 247-1102 of the
Municipal Cole the applicant,the City of Aspen,has
submitted an application for a map amendment to
mzorte a 57.15 acre of publicly owned open space from
AF-2 PUD to Open Space,and
WHEREAS.the City of Aspen recently annexed the
57.15 acres Into the City and is required to rezone the
property within 90 days of animation and
I WHEREAS,a duly noticed Public Hearing was held
by the Aspen Planning and Zoning Commissiae(here-
kofler"Commission')on Augwt 16,1994 to consider
the map amendment;and
WHEREAS,the Commission considered the repre-
sentations made by the Planning staff and Interested
public and found that the rezoning application con
P&s with Section 247-I102;and
WHEREAS,the Conumssion recommends to the City
Council approval of rewning the publicly owned open
space from AR2 RD to open Space;and
WHEREAS,the Aspen City Council having consid-
ered the Plaiting and Zoning Commission's roc:om-
medatlon for a map amendment does wish to grant
the requested map amendnnem for the 57.15 acres of
publicly owned open space,Sections 2&11,Township
10 South,Range 85 West of the 6th I'M.,Aspen Col,
orada
NOW,ITI RFFDRE,BE rr ORDAINED BY ITE CrIN
COUNNCIL OF11-IE cnN OF ASPEN,COLORADO:
Section 1:11hat it does hereby gram rezoning of the
57.15 acres of publicly owned open space,Sections 2&
11,Township 10 Six it]n Range 85 West of the fish PM,
Aspen Colorado from AF-2 PUU to Open Space
Section 2 The Official Zone District Map for the City
d Aspen,Colorado,shall be and is hereby amended to
re9am those reaawng actions as set firth In Section 1
above and such amendments shall be promptly
entered on the Official Map in accordance with Section
245-103B of the Municipal Cole
Section 3:That the City Clerk be and hereby is direct-
ed,upon the adoption of this ordnance,to record a
copy d t is ordinance in the o ifice of the Ptldn County
Clerk and Recorder.
Section 4:If any section,subsection senterkx clause,
phrase or portion of this ordinance is for any reason
held invalid or unconstitutional by any tout of oornpe-
terit jurisdiction,such provision and such hukdng shall
not affect the validity ul the remaining portions therexol.
Section 5:This Ordnance shall not effect any edsting
litigation and shall not operate as an abatenhaLL of any
action or proceeding now pending under or by virtue
of the ordinances repealed or amended as heren pro-
vkded and We sane shall be conducted and cornckid d
under such prior orcdrhahas
Section&A public hearing on the Ordinance slnal be
held on line day of(kt.11.1997 at 5.90 PM in one City
Council Clahhbers,Aspen City Hall Aspen Colorado,(if-
teen(15)days prior to whhit hexing a public notice of
the sane shall be published ale in a newspaper of gee
NIII eral circulation will un the City aAsprin
ies INnZODUCED.READ AND ORDERED PUBLISHED as
provided by law,by the City Council of the City of
Po- Aspen onthel2dayolSeptetilxr,199i
P g John Bertntl Mayor
ATTEST:Katvyn S.Koch,City Clerk
)re. FINALLY,adopted,passed and approved this
and day of.1994.
John Beihed,Mayor
a� AI'll-NI':Katl"Is Wx-h. ity(krk
Published tu'llne Aspen Tinos uu September lb,
1994.
Attachment 8
County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT
}
SS. TO ASPEN LAND USE REGULATIONS
State of Colorado } SECTION 6-205.E.
I, 3WZ"NC L ln/t��
being or representing an Applicant to the City of Aspen, personally
certify that I have complied with the public notice requirements
pursuant to Section 6-205. E. of the Aspen Land Use Regulations in
the following manner:
1. By mailing of notice, a copy of which is attached hereto,
by first-class postage prepaid U. S. Mail to all owners
of property within three hundred (300) feet of the
subject property, as indicated on the attached list, on
the �;, day of S �,r` �, 1991 (which is 20 days
prior to the public hearing date of
2 . By posting a sign in a conspicuous place on the subject
property (as it could be seen from the nearest public
way) and that the said sign was posted and visible
continuously from the 1514' day oft'-, 1991,
day ofn� 199Y (Must be
cast ten (10) full days before the hearing
:ograph of the posted sign is attached
sigrtAture VV
Si ned b_ efore me this day of
b
Y
WITNESS4' MY HAND AND OFFICIAL SEAL
M C omm i s n xp fi r e s:�Ml Commission expires 9/27/96
L27A Ax&A
No ary Public
Saturday-Sunday, October 15-16, 1994• The Aspen 'Times 21-C
C
Public Notice
the option of the County,on December 1,1999, at a regular meeting to begin at 5:00 pin before For further Information,contact Amy Amldon this Agreement,Grantee desires to accept the
ORDINANCE NO.46 or any date thereafter. the Board of County Commissioners,District at the Aspen Pltklu Planning Office,130 S.Gale- easement as provfdedu herein.
(Series of 1994) The resolution,In summary outline,is as ful- Courtroom,506 East Main Street,Aspen to con- na St.,Aspen,CO.924b t)y6lCrabacher,Chairman 1.In consideration of the terms and condl-
AN ORDINANCE OF THE CITY COUNCIL OF lows: sider an application submitted by Alpine Bank /Joseph
THE CITY OF ASPEN,COLORADO,VACATING Preamble recites the authority for Issuance of requesting Special Review approval to allow a Aspen Historic Preservation Committee tions staled In this Agreement,Grantor con-
PORTIONS OF GALENA STREET ADJOINING the Series 1994 Bonds and other matters relat- walk-in bank branch office at the Aspen Airport Published In The Aspen Times on October 14, perpetual,non-exclusive road easement for file
THE CUL-DE-SAC AT ITS NORTH TERMINUS Ing thereto. Business Center.The property is located on 1994 construction,maintenance,repair and use of a
CONTAINING APPROXIMATELY 2,537 SQUARE Section 1 defines certain terms for all purpos- Lot 1,Block 3,Filing 1,Aspen Airport Business roadway across Grantor's property for ease of
FEFI'ALL WITHIN THE CITY OF ASPEN,PITKIN es of this resolution. Center.For further Information contact Ellen PUBLIC NOTICE Y P P y
COUNTY,COLORADO. Section 2 ratifies all action previously taken Sassano at the Aspen/Pitkin Planning Office, RE:JAFFEE 1041 HAZARD REVIEW AND GEN- fed rooertradescribedllnrExhiti C for vehicue
Copies of this ordinance are available in the by the County in respect to the Refunding Pro- 920-5098. ERAL SUBMISSION property Y
office of the City Clerk,City Hall, 130 South ject and the sale and delivery of the Series 1994 s/Robert W.Child,Chairman NOTICE IS I IEREBY GIVEN that a public hear- lar Ingress and egress across Grantor's proper-
Galena,Aspen,during normal business hours. Bonds, Board of County Commissioners Ing will be held on Tuesday,November 15,1994 ty for the benefit of the Grantee and the general
FINALLY adopted,passed and approved this $ectlon 3 authorizes the Issuance of the Published In The Aspen Times on October 14, at a regular in to begin at 5:00 pm before public to access Grantee's property.
I1 day of October 1994. Series 1994 Bonds. 1994. the Board of County Commissioners,District TERMS AND CONDITIONS
John S.Bennett,Mayor Section 4 sets forth the details of the Series Courtroom,506 East Main Street,Aspen to con- 1.The road easement shall be appurtenant to
ATTEST:Kathryn S.Koch,City Clerk 1994 Bonds. PUBLIC NOTICE sider an application submitted by Wilton Jaffee, Grantee's property and shall be of perpetual
hed in The Aspen Times October 14, Section 5 authorizes the optional prior RE:OWL CREEK RANCH,LOT 8,SPECIAL Jr.requesting approval of 1041 Hazard Review duration.The easement will be,revokable
19_ redemption of the Series 1994 Bonds. REVIEW TO ALLOW IN EXCESS OF 15,000 and General Submission.The property is I xat- based on failure of Grantor or successors to
Section 6 sets forth the execution and autho- SQUARE FEET OF FLOOR AREA ed approximately three miles southeast of perform any of the terms and conditions
ORDINANCE NO.47 rization requirements. NOTICE IS HEREBY GIVEN that a public hear- Highway 133 on the south side of Prince Creek required herein.
(SERIFS OF 1994) Section 7 describes registration,transfer and Ing will be held on Tuesday,November 15,1994 Road in Section 24,Township B South,Ranges 2.Consideration.The following consideration
tact Ellen Sa
AN ORDINANCE OF THE ASPEN CITY COUN- exchange procedures. at a regular meeting to begin at 5:00 pm before West.For further information con - shall be granted for the access easement.acre of land
CIL GRANTING A REZONING FROM AF-2 PUD Section 8 provides that the Series 1994 Bonds the Pitkin County Board of County Commis- nano at the Aspen/Pitkin Planning Office,920 within rthe Williams dRanch subdivision as pub-
TO OPEN SPACE(OS)TO THE.PUBLICALLY be fully negotiable. sinners,District Courtroom,Pitkin County 5098. s/Robert W.Child,Chairman lic park land with public access.
OWNED ZOLINE OPEN SPACE SECTIONS 2&11, Section 9 states the necessity for and Courthouse,506 East Main Street,Aspen to
TOWNSHIP 10 SOUTH,RANGE 85 WEST OF THE approval of the Project and the Series 1994 consider an application submitted by Prime Board of County Commissioners er b.Grantee will dedicate the section le Smug-
6TH P.M.,HIGHWAY 82,ASPEN COLORADO Bonds. Aspen Properties,Ltd.,requesting Special Published In The Aspen Times on October 14, gler Road which traverses the Smuggler Mine
parcel,as described in Exhibit D,to Pitkin
Copies of this ordinance are available In the Section 10 provides that the Series 1994 Review approval to allow in excess of 15,000 1994 County.
office of the City Clerk,City Hall, 130 South Bonds are equally secured. square feet of Boor area.The property is Iocat-
NG 3
Galena,Aspen,during normal business hours. Section 11 provides that the Series 1994 ed at Lot 8,Owl Creek Ranch PUD.For further NOTICE OF PUBLIC HEARING Alignment and Legal Description.The
FINALLY adopted,passed and approved this Bonds are special limited obligations of the Information contact Rick Magill at the PLEASE TAKE NO3MCE:That the Board of access easement shall conform to the align-
11 day of October,1994. County and are not to be considered general Aspen/Pitkin Planning Office,9265062. County Commissioners of Pitkin County,Col- ment described on Exhibit C.
John Bennett,Mayor obligations or Indh[edness o(the County. s/Jody Edwards,Chairman orado will conduct a public hearing on the fol- 4.Width.The easement shall be sixty feel in
ATTEST:Kathryn S.Koch,City Clerk Section 12 describes the character . the Pitkin County Planning and lowing resolution on October 25, 1994 at 5:00 width or such greater width as may be neces-
R�blished In The Aspen Times October Clerk agreement. Zoning Commission pm,and the Board of County Commissioners sary to satisfy existing codes,conditions and
1994. Section 13 states that payment of the Series Published In The Aspen Times on October 14, M Main Street,Aspen,Colorado u thous t506 governmental agencyiwloapp appropriate Isdlc-
1994 Bonds Is not secured by the pledge of any 1994. E.
ORDINANCE NO.48 property. and place all members of the public may tion.
Series of 1994 5.Use.The road easeme
AN ORDINANCE OF THE ASPEN CITY COUN- the Series 1994 Bonds. RE:OATES CARETAKER DWELLING UNIT A RESnt Is non-exclusive
(Series ) Section]4 accepts the purchase contract for PUBLIC NOTICE appear and be heard:
OLUTION OF THE BOARD OF COUNTY and may be used by Grantor,its heirs,succes-
CIL DESIGNATING 520 WALNUT STREET,LOT 8 Section 15 is reserved. REVIEW COMMISSIONERS OF PITKIN COUNTY,COL- sors and assigns.The easement shall be used
AND THE NORTH HALF OF LOT 9,BLOCK 3, Section 16 authorizes the execution and use NOTICE IS HEREBY GIVEN that a public hear- ORADO,AUTHORIZING THE ISSUANCE OF by Grantee,its successors,assigns for purpos-
WILIJAM'S ADDITION TO THE CITY OF ASPEN, of the final offering statement for the Series Ing will be-held on Tuesday,November 15,1994 PITKIN COUNTY,COLORADO,GENERAL OBLI- es stated in the Grant above.Grantee accepts
1 HISTORIC LANDMARK PURSUANT TO 1994 Bonds. at a regular meeting to begin at 5:00 pm before GATION OPEN SPACE REFUNDING AND this easement on behalf of the general public
trict IMPROVEMENT BONDS,SERIFS 1994,
N 24-7-703 OF THE MUNICIPAL CODE Section 17 sets forth the form of the Series the Board of County Commissioners,Dis THE and Its acceptance serves to ensure the use of
L.,Nies of this ordinance are available In the 1994 Bonds,Certificates,and Registration Courtroom,506 Fast Main Street,Aspen to con- AGGREGATE PRINCIPAL AMOUNT T OF this easement by members of the general putt
office of the City Clerk,City Hall, 130 South Peel sider an application submitted by John Oates $6,100,000 AND PROVIDING FOR CERTAIN Tic to access Grantee's property.
Galena,Aspen,during normal business hours. Section 18 provides for the application of requesting approval for a 600 square foot care- DETAILS IN CONNECTION THEREWITH. 6.Construction and Maintenance.Grantee
FINALLY adopted,passed and approved this gross revenues. taker dwelling unit In an existing cabin.The Copies of the proposed resolution are avail- agrees to pay for all repairs and maintenance
11 day of October,1994. Section 19 provides for delivery of the Series property is located on Lot 2,Wolfson Subdivi- able for public inspection from 8:30 am to 4:30 costs and expenses attributable to Grantee's
ATTEST:Kathryn S.Koch,City Clerk 1994 Bonds. sion.For further information contact Rick Mag- pm in the office of the Clerk and Recorder,530 use of the road easement.Grantee agrees to
Published in The Aspen Times October 14, Section 20 provides for the disposition of ill at the Aspen/Pitkin Planning Office,9265062. E.Main Street,Aspen,Colorado.Phone 92651 prepare
or v hiculariand constructin access plan Grantee
1994. bond proceeds. s/Robert W.Child,Chairman 80•
Section 21 provides for the redemption of the Board of County Commissioners Jeanette Jones,Deputy County Clerk further agrees that all costs of surveying,maintain-
ORDINANCE NO.50 AN ORDINANCE OF THE outstanding 1983 Refunding Bonds. Published In The Aspen Times on October 14, Published in The Aspen Times on October tober 14, oaring,construction,repairing and solely by
CITY COUNCIL OF THE CITY OF ASPEN,COL- 1994 Ing the road easement shall be paid solely by
Section 22 provides for the redemption of the 1994. !�anrm n<<„ �� .�n.—wris
ORADO AMENDING CHAPTER 24 OF THE outstanding 1983 Revenue Bonds
10-C The Aspen Times•Saturday-Sunday,September 10-H, 1994
Sports Public Notice
PUBLIC NOTICE PUBLIC
Ruggerfest countdown begins RE:ZOLINE PUBLICLY OWNED OPEN SPACE INV TATI NOTICE
AMEN ONTO BID
AMENDMENT TO THE OFFICIAL ZONE DIS- Sealed bids will be received at the City of
with weekend hip to Salt Lake TRICT MAP THE CITY ASPEN Aspen Water Department,500 Doolittle Drive,
NOTICE IS HEREBY GIVEN that a public hear- until 1:00 p.m.,September 19, 1994,at which
Ing will be Felel d on Monday,y,September 26,1994 time the bids will be publicly opened and read
at a meeting to begin at 5:00 p.m.before the aloud,for the design/bulld Installation of the
Aspen City Council,City Council Chambers, Aspen Mountain Tank drainline and connection
City Hall, 130 S.Galena,Aspen,CO to consider of various other pipe drains. This work
■ Gents coming off double trol. In the second half, Aspen pulled away to a 38-8 an application submitted by the City of Aspen, Includes, but Is not limited to,the furnishing
win. 130 S.Galena St.,Aspen,CO to rezone the pub- and installation of approximately 800 linear feet
victory over Boulder licly owned Z.oline Open Space Parcel from AF- of Class 50 12"DIP,at least one 4-foot diameter
"It was a real good buildup for Ruggerfest,"Going I PUD in the County,to OS,Open Space,In the manhole,various pipe extensions and connec-
Sald, adding that the Gents probably will enter two City.Property description:an approximately tions,exploratory excavations and miscella-
57.15 acre parcel of land In Sections 2 and 11, neous work.Work Is to commence on,or
Aspen Times Sports Report
teams in the annual rugby tournament, this year Township 10 South,Range 85 West of the OT before,September 30, 1994,and shall be com-
The Gentlemen of Aspen continue their march scheduled for Sept.23-25 in Aspen. P.M. For further information,contact Leslie pleted by October 31,1994.
Lamont at the Aspen/Pitkln Planning Office, Complete bid packages will be available at
toward Ruggerfest '94 with a trip to Salt Lake City Chris Pasaro led Aspen with three tries against 130 S.Galena St.,Aspen,CO 920-5101 the prebid meeting listed below.Each Proposal
this weekend. Boulder. Pasaro is a former college football player s/John Bennett,Mayor must be accompanied by a Proposal Guaranty
The Gents will head west to play Haggis of Utah from the University f Texas. Aspen city council to Include a bid bond,or certified check made
Y Published In the Aspen Times on September payable to the City of Aspen In the amount of
after picking up a pair of wins The Gents A side now is 16-3 on the season(full- 9,1994. five percent(5%)of the Proposal.The Proposal
over Boulder last weekend in side games). Guaranty accompanying the three lowest
PUBLIC NOTICE responsive and responsible Proposals may be
Aspen. In related rugby news,Aspen Captain Jason Walk- RE:HOFFBERGER CARETAKER DWELLING held until the Contract Is awarded.The players Propos-
The Gents B side, with a very strong first half, er last week was added to the pool of la for the UNIT REVIEW al Guaranties accompanying the other Propos-
P P Y NOTICE IS HEREBY GIVEN that a public hear- als shall be returned promptly after the bid
rolled to a 50-10 victory.The Gents B-siders generat- U.S.Eagles national all-star team. ing will be held on Tuesday,October 11, 1994 prices have been compared and evaluated,
ed a 38-0 halftime lead and rambled on to the victory. Aspen teammate Mark Williams has been a mem- at a regular meeting to begin at 5:00 pm before A prebid conference will be held on the Little
the Board of County Commissioners,District Nell Mountain site. Interested contractors
In the A side match,Gents coach Brian Going said ber of the Eagles for several years. Courtroom,506 East Main Street,Aspen to con- should contact A.J.Zabbla,Jr.,Leonard Rice
the Boulder team provided a stern test with a big, And this year,Walker,considered one of the Gents skier an application submitted by Stanley& Engineers at 303455-9589.
Judith Hoffberger requesting approval for an The City requests that bids be submitted for
strong,powerful front pack.The play of the forwards all-time toughest players, was added to the pool of approximately 440 square foot caretaker the overall work;and,additionally,for each
helped Boulder take an early lead. players who may be called for action with the United dwelling unit above the existing,attached separate segment.The City reserves the right
"They kept the pressure on with their forwards," States national rub team. garage.The property is located at 2657 Maroon to split the bids to obtain the best overall cost
rugby Creek Road;NE4NW4 Section 22,Township 10 for the project.
Going said. "Their forwards were very big, very The selection is quite an honor for Walker,accord- South,Range 85 West of the 6th P.M.For fur- The City reserves the right to reject any or all
tough-,, ing to coach Going. AS well, he said, the selection is the,Information contact Rick Magill at the Proposals or accept what Is,In Its judgment,
Aspen/Pitkln Planning Office,920-5062, the best bid.The City further reserves the
Late in the first half the Gents started to take con- an honor for the Gentlemen of Aspen rugby club. s/Robert W.Child,Chairman right,in the best Interests of the City,to waive
Board of County Commissioners any technical defects or Irregularities In any
Published In The Aspen Times on September and all proposals submitted.
9,1994. The Proposal and Proposal Guaranty must be
Van Pattens serve u tennis film placed el one envelope securely sealed Design/Build
PUBLIC NOTICE and labeled:"Bid Proposal for the Design/Build
RE:610 WEST HALLAM STREET CONCEPTUAL Installation of Aspen Mountain Tank Drainline".
DEVELOPMENT REVIEW In order to receive an award for the above
■
Will I atest fi I m break } 1978 film version NOTICE IS HEREBY GIVEN that a public hear- project,the successful bidder will have proof of
Ing will be held on Wednesday,September 28, the following'
A similar movie might be "Players" (1979), a 1994,at a meeting to begin at 5:00 P.M.before 1.Demonstrated record of successful and
new ground? Paramount movie in which the late Dean-Paul Martin, the Aspen Historic Preservation Committee In timely completion of similar work awarded dur-
the second floor meeting room,City Hall,130 S. Ing the last five years.
sporting a mop of blond hair to rival Farrah Faweett's, Galena Street,Aspen,Colorado,to consider an 2.Demonstrated ability to bond projects of
By Joe Jares plays a young man who wants to fulfill his dreams. It application submitted by Jim and Sandy Igle- this extent and nature.
LOS Angeles Dail News hart requesting approval of Conceptual Devel- 3.Sound financial position to meet financial
Daily is a love story as well,with Ali MacGraw as an older opment Review which will Include partial commitments.
There has never been an ace tennis movie. There woman who actually trains Martin in Mexico (before demolition and construction of a one-story Proposals may not be withdrawn for a period
addition to the main house and a two-story of thirty(30)days after the time fixed for clos-
as seldom been a tennis movie with more force and Pancho Gonzalez,playing himself,takes Over). connecting building.A side yard and a rear ing them,
bite than a second serve. "Players"has fairly good scenes of small-time ten- yard setback variance are requested.610 west BY ORDER OF THE CITY OF ASPEN
Hallam Street is located on Lots P and Q less PITKIN COUNTY,COLORADO
Great scenes?Yes. nis, and some excellent scenes of Martin
playing 7.5'of Lot P, Block 22,City and Townsite of Phil Overeynder,Water Director
But whole movies concerning the sport? Mostly Guillermo Vilas on Centre Court of Wimbledon. A Aspen. For further Information,contact Amy Published In The Aspen Times on September
double faults. nice touch is the use of British broadcaster Dan Amidon at the Aspen Pitkln Planning Office, 9,1994.130 130 S.Galena St.,Aspen,CO.920-5096.
The brothers Van Patten, Nels, Vince and Jimmy Maskell to handle the Stroke-by-stroke description. s/Joseph Krabacher,Chairman NOTICE OF PUBLIC TRUSTEE SALE
(sons of well-known actor Dick), think they have But "Players" has a mediocre script and mediocre Aspen Historic Preservation Committee Public Trustee No.94-12
"T'hP tanP 1C Wnrih lrrP .. Published i.'r�^`— "'
PUBLIC NOTICE
RE: ZOLINE PUBLICLY OWNED OPEN SPACE AMENDMENT TO THE OFFICIAL
ZONE DISTRICT MAP OF THE CITY OF ASPEN
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Monday, September 26, 1994 at a meeting to begin at 5: 00 p.m.
before the Aspen City Council, City Council Chambers, City Hall,
130 S. Galena, Aspen, CO to consider an application submitted by
the City of Aspen, 130 S. Galena St. , Aspen, CO to rezone the
publicly owned Zoline Open Space Parcel from AF-2 PUD in the
County, to OS, Open Space, in the City. Property description: an
approximately 57 . 15 acre parcel of land in Sections 2 and 11,
Township 10 South, Range 85 West of the 6th P.M. For further
information, contact Leslie Lamont at the Aspen/Pitkin Planning
Office, 130 S. Galena St. , Aspen, CO 920-5101
s/John Bennett, Mayor
Aspen City Council
Published in the Aspen Times on September 9, 1994
City of Aspen Account
'j i Ci,L
MEMORANDUM
TO: Mayor and Council
THRU: Amy Margerum, City Manager
FROM: Leslie Lamont, Deputy Planning Director
DATE: September 12, 1994
RE: Zoline Public Open Space Rezoning - First Reading
Ordinance , Series of 1994
SUMMARY: The City has annexed the publically owned open space
parcel that was purchased from Mr. Zoline into the City. The
parcel must be rezoned within 90 days of annexation.
Rezoning is a two step review process. The Planning and Zoning
Commission has reviewed the rezoning and recommended to Council the
rezoning to Open Space (OS) . However, the Commission recommended
the rezoning conditioned upon the resolution of two outstanding
issues:
* the conformity of the existing use, a golf course, with the
Open Space zone designation and the existing lease between
MCDC and the City; and
* whether or not the rezoning may "impair the collateral"
based upon the deed of trust between the City and the Zolines.
The City Attorney has confirmed that the rezoning will not "impair
the collateral" and that the proposed zone district designation,
open space, is conforming with intended use as a golf course and
that the proposed uses of the property that are consistent with
the Purpose and Permitted Uses of the Open Space zone district.
APPLICANT: The City of Aspen
LOCATION: The parcel is 57. 15 acres and is located on the north
side of Highway 82 on the west side of the Maroon Creek Bridge.
A large scale map of the parcel and surrounding land will be
presented at the Council meeting.
ZONING: County zoning AF-2 PUD
BACKGROUND: The Zoline open space parcel was purchased by the City
with open space funds. The City recently annexed the property into
the City. The bulk of the acreage is currently being developed as
part of the Maroon Creek Golf Course per the terms of a long term
lease with the City. A portion of the annexation contains the
highway right-of-way. The parcel must be rezoned within 90 days
of the annexation. Staff recommends rezoning the Zoline open space
parcel to Open Space (OS) .
APPLICANT'S REQUEST: Within 90 days of annexation into the City,
a parcel must be zoned to a City zone district. The annexation
was approved at Council on August 22, 1994 . A rezoning approval
from Council is sought at this time.
--------------------------------
STAFF COMMENTS: Staff considered appropriate zoning for this
parcel and determined that Open Space would offer adequate
protection to limit development. The purpose of the OS zone is to
"preserve, protect and enhance lesser developed or undeveloped
areas within the City containing unique naturally occurring or
manmade landscape features which provide visual relief and
enjoyment while reflecting or representing community artistic or
architectural statements. Development on the Open Space (OS) zone
district should emphasize and be consistent with the natural
dynamic state of the land and minimize disruption of existing
natural conditions. "
Permitted uses for the OS zone are:
1) Paved and unpaved walkways
2) benches
3) sculpture
4) water features such as ponds, streams, or fountains
5) architectural lighting and downcast low-illumination lighting
for walkways and trails
6) sculptured or manicured landscape features
7) fencing
conditional uses: none
The limitations of the OS zone will preclude the golf course from
building any structures on the property. Staff originally
considered the Park zone district or the Golf Course Overlay
designation, but these allowed a host of structures as permitted
or conditional uses such as recreation building, sport shop,
restaurant facility, maintenance buildings, conference facilities,
active recreation facilities such as tennis courts and swimming
pools, housing, parking lots and lodge. These are clearly
undesirable at this location from staff's perspective given the
fact that the property was originally purchased with open space
funds.
Map Amendment for Rezoning to Open Space (OS) :
Pursuant to Section 24-7-1102 the standards of review for an
amendment to the Official Zone District Map are as follows:
2
A. Whether the proposed amendment is in conflict with any
applicable portions of this chapter.
RESPONSE: There are no conflicts with the zoning code. A parcel
is required to be zoned by the City within 90 days of annexation.
B. Whether the proposed amendment is consistent with all
elements of the Aspen Area Comprehensive Plan.
RESPONSE: The Aspen Area Community Plan has set forth the policy
to "preserve key open space parcels which help to establish the
character of the Aspen Area" . While this site was not specifically
identified in the Plan, this OS rezoning proposal will strictly
preclude any structures on the property.
C. Whether the proposed amendment is compatible with
surrounding Zone Districts and land uses, considering existing
land use and neighborhood characteristics.
RESPONSE: The surrounding county zoning is AF-2 PUD on the south,
west and north, and AF-1 to the east. The Maroon Creek development
surrounds this site on two sides. Other adjacent properties are
larger acreage residential parcels, also in the county. The OS
zone will limit development according to the permitted use list
which does not include structures.
The Highway 82 right-of-way is included in a portion of this
rezoning. However, staff interprets the right-of-way as a pre-
existing condition with little bearing on the rezoning effort.
D. The effect of the proposed amendment on traffic generation
and road safety.
RESPONSE: The development of the Zoline open space parcel as part
of the Maroon Creek Club locks in this use for the next 90 plus
years. The site itself will not be specifically responsible for
traffic generation above and beyond the golf course. If this use
ceases however, the OS zone will maintain the site in an open,
green state, not subject to radical use alternatives.
E. Whether and the extent to which the proposed amendment
would result in demands on public facilities, and whether and
the extent to which the proposed amendment would exceed the
capacity of such public facilities, including but not limited
to transportation facilities, sewage facilities, water supply,
parks, drainage, schools, and emergency medical facilities.
RESPONSE: The Maroon Creek development is providing water and
drainage utilities necessary for the site. Without structures,
this site will place little demand on transit, schools and medical
facilities.
3
F. Whether and the extent to which the proposed amendment
would result in significantly adverse impacts on the natural
environment.
RESPONSE: After completion of the golf course, the site will
remain green and maintained. Per the permitted uses, there will
be few alternatives for the property which could be considered
environmentally detrimental.
G. Whether the proposed amendment is consistent and
compatible with the community character in the City of Aspen.
RESPONSE: The proposed OS zone allows the entry to Aspen to remain
free from typical development. This use is consistent with the
Aspen Golf Course property across the Maroon Creek Bridge, as well
as the remainder of the Maroon Creek golf facilities across Highway
82 .
H. Whether there have been changed conditions affecting the
subject parcel or the surrounding neighborhood which support
the proposed amendment.
RESPONSE: As mentioned earlier, a parcel being annexed in to the
City must receive City zoning within 90 days.
I. Whether the proposed amendment would be in conflict with
the public interest, and is in harmony with the purpose and
intent of this chapter.
RESPONSE: The OS zone offers the public the best protection for
this parcel to remain in a less developed state versus the Park or
Golf Course Overlay zones. Staff believes that the proposal is in
harmony with the land use regulations.
RECOMMENDATION: The Planning and Zoning Commission recommends
approval of the rezoning of the Zoline open space parcel and
highway right-of-way to Open Space (OS) upon annexation.
RECOMMENDED MOTION: "I move to read Ordinance , Series of 1994 . "
"I move to approve on first reading Ordinance , Series of 1994
zoning the Zoline open space parcel and highway right-of-way to
Open Space (OS) . "
Ordinance , Series of 1994
EXHIBITS
A. Map of Annexation Area
4
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Senior Planner
RE: City-Owned Zoline Open Space Property - Zoning
Designation to Open Space (OS)
DATE: August 16, 1994
-----------------------------------------------------------------
-----------------------------------------------------------------
SUMMARY: The Zoline open space parcel was purchased by the City
with open space funds. Although this property is in the County,
the City has begun annexation procedures to bring the property into
the City. The bulk of the acreage is currently being developed as
part of the Maroon Creek Golf Course per the terms of a long term
lease with the City. A portion of the annexation contains the
highway right-of-way. The parcel must be rezoned within 90 days
of the annexation. Staff recommends rezoning the Zoline open space
parcel to Open Space (OS) .
The Commission first reviewed the rezoning at the July 19, 1994
meeting. The Commission tabled the review of the rezoning because
of three outstanding issues: ownership of the sliver of land
between the public open space and the river; the intent of
including all of Highway 82 to the Maroon/Castle Creek
intersection; and the ownership of the property that is to be
rezoned.
The answers to those questions are as follows: Mr. Zoline retains
ownership of the land between the river and the open space parcel.
Annexation requires one-sixth contiguity to the City in which the
land is being annexed, therefore the entire strip of Highway 82
along the golf course is necessary to comply with the contiguity
requirements. In addition, there has been some confusion as to
whether the Maroon/Castle intersection is in the City or County.
This annexation will clear that up by bringing the intersection
into the City (which is already patrolled by the City) . Finally,
the City Attorney has researched Mr. Zoline's question about
ultimate ownership. Please see Mr. Worcester's memo, Exhibit A.
APPLICANT: The City of Aspen
LOCATION: The parcel is 57 . 15 acres and is located on the north
side of Highway 82 on the west side of the Maroon Creek Bridge.
A large scale map of the parcel and surrounding land will be
presented at the P&Z meeting.
ZONING: County zoning AF-2 PUD
1
APPLICANT'S REQUEST: Within 90 days of annexation into the City,
a parcel must be zoned to a City zone district. The annexation
was approved at Council on first reading August 8, 1994. A
rezoning recommendation by P&Z is sought at this time.
--------------------------------
STAFF COMMENTS: Staff considered appropriate zoning for this
parcel and determined that Open Space would offer adequate
protection to limit development. The purpose of the OS zone is to
"preserve, protect and enhance lesser developed or undeveloped
areas within the City containing unique naturally occurring or
manmade landscape features which provide visual relief and
enjoyment while reflecting or representing community artistic or
architectural statements. Development on the Open Space (OS) zone
district should emphasize and be consistent with the natural
dynamic state of the land and minimize disruption of existing
natural conditions. "
Permitted uses for the OS zone are:
1) Paved and unpaved walkways
2) benches
3) sculpture
4) water features such as ponds, streams, or fountains
5) architectural lighting and downcast low-illumination lighting
for walkways and trails
6) sculptured or manicured landscape features
7) fencing
conditional uses: none
The limitations of the OS zone will preclude the golf course from
building any structures on the property. Staff originally
considered the Park zone district or the Golf Course Overlay
designation, but these allowed a host of structures as permitted
or conditional uses such as recreation building, sport shop,
restaurant facility, maintenance buildings, conference facilities,
active recreation facilities such as tennis courts and swimming
pools, housing, parking lots and lodge. These are clearly
undesirable at this location from staff's perspective given the
fact that the property was originally purchased with open space
funds.
Map Amendment for Rezoning to Open Space (OS) :
Pursuant to Section 24-7-1102 the standards of review for an
amendment to the Official Zone District Map are as follows:
A. Whether the proposed amendment is in conflict with any
applicable portions of this chapter.
2
RESPONSE: There are no conflicts with the zoning code. A parcel
is required to be zoned by the City within 90 days of annexation.
B. Whether the proposed amendment is consistent with all
elements of the Aspen Area Comprehensive Plan.
RESPONSE: The Aspen Area Community Plan has set forth the policy
to "preserve key open space parcels which help to establish the
character of the Aspen Area" . While this site was not specifically
identified in the Plan, this OS rezoning proposal will strictly
preclude any structures on the property.
C. Whether the proposed amendment is compatible with
surrounding Zone Districts and land uses, considering existing
land use and neighborhood characteristics.
RESPONSE: The surrounding county zoning is AF-2 PUD on the south,
west and north, and AF-1 to the east. The Maroon Creek development
surrounds this site on two sides. Other adjacent properties are
larger acreage residential parcels, also in the county. The OS
zone will limit development according to the permitted use list
which does not include structures.
The Highway 82 right-of-way is included in a portion of this
rezoning. However, staff interprets the right-of-way as a pre-
existing condition with little bearing on the rezoning effort.
D. The effect of the proposed amendment on traffic generation
and road safety.
RESPONSE: The development of the Zoline open space parcel as part
of the Maroon Creek Club locks in this use for the next 90 plus
years. The site itself will not be specifically responsible for
traffic generation above and beyond the golf course. If this use
ceases however, the OS zone will maintain the site in an open,
green state, not subject to radical use alternatives.
E. Whether and the extent to which the proposed amendment
would result in demands on public facilities, and whether and
the extent to which the proposed amendment would exceed the
capacity of such public facilities, including but not limited
to transportation facilities, sewage facilities, water supply,
parks, drainage, schools, and emergency medical facilities.
RESPONSE: The Maroon Creek development is providing water and
drainage utilities necessary for the site. Without structures,
this site will place little demand on transit, schools and medical
facilities.
F. Whether and the extent to which the proposed amendment
would result in significantly adverse impacts on the natural
environment.
3
RESPONSE: After completion of the golf course, the site will
remain green and maintained. Per the permitted uses, there will
be few alternatives for the property which could be considered
environmentally detrimental.
G. Whether the proposed amendment is consistent and
compatible with the community character in the City of Aspen.
RESPONSE: The proposed OS zone allows the entry to Aspen to remain
free from typical development. This use is consistent with the
Aspen Golf Course property across the Maroon Creek Bridge, as well
as the remainder of the Maroon Creek golf facilities across Highway
82.
H. Whether there have been changed conditions affecting the
subject parcel or the surrounding neighborhood which support
the proposed amendment.
RESPONSE: As mentioned earlier, a parcel being annexed in to the
City must receive City zoning within 90 days.
I. Whether the proposed amendment would be in conflict with
the public interest, and is in harmony with the purpose and
intent of this chapter.
RESPONSE: The OS zone offers the public the best protection for
this parcel to remain in a less developed state versus the Park or
Golf Course Overlay zones. Staff believes that the proposal is in
harmony with the land use regulations.
RECOMMENDATION: Planning staff recommends approval of the rezoning
of the Zoline open space parcel and highway right-of-way to Open
Space (OS) upon annexation.
RECOMMENDED MOTION: "I move to recommend approval of zoning the
Zoline open space parcel and highway right-of-way to Open Space
(OS) upon annexation into the City. "
C�
EXHIBITS CC Ci t
A. City Attorney Letter °�� �'�
B. Map of Annexation Area i � ���
C. Proof of Public Notice �-� �� @
EXHIBIT A
MEMORANDUM
THE CITY OF ASPEN
CITY ATTORNEYS OFFICE
TO: Leslie Lamont
FROM: John P. Worcester 4 /�
DATE: August 1, 1994 ``��
RE: Zoline Re-Zoning
The City purchased the subject property from the Zoline Foundation. A Warranty Deed for the
parcel was recorded on August 10, 1987. (Book 543, Page 408). A Deed of Trust was given to
the Foundation to secure payment of a promissory note for the portion of the purchase price
which was financed. Under Colorado law, the Deed of Trust is, in essence, a mortgage. A
mortgage is merely a lien on the property but does not grant title. The City of Aspen is the title
holder of the subject property and can seek to have the property annexed and rezoned in
accordance with state statutes.
I hope this answers your question.
C"i
J, -,�.
EXHIBIT C
AFFIDAVIT OF NOTICE
I, Suzanne L. Wolff, being or representing an Applicant to the City
of Aspen, personally certify that I have complied with the public
notice requirements pursuant to Section 6-205.E. of the Aspen Land
Use Regulations.
W
Sign ure VU
Si ed before hi — day of 1994 by
FV6 416
WITNESS MY BAND AND OFFICIAL SEAL
M Commiss ion E ires: my(�rtrtniee w wores 9/a7/f((
No ary Publi
PUBLIC NOTICE
RE: ZOLINE OPEN SPACE AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP
OF THE CITY OF ASPEN
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, July 19, 1994 at a meeting to begin at 4 : 30 p.m. before
the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room,
City Hall, 130 S. Galena, Aspen, CO to consider an application
submitted by the City of Aspen, 130 S. Galena St. , Aspen, CO to
rezone the Zoline Open Space Parcel from AF-2 PUD in the County,
to OS, Open Space, in the City. Property description: an
approximately 57. 15 acre parcel of land in Sections 2 and 11,
Township 10 South, Range 85 West of the 6th P.M. For further
information, contact Leslie Lamont at the Aspen/Pitkin Planning
Office, 130 S. Galena St. , Aspen, CO 920-5101
SLBruce Kerr, Chairman
Aspen Planning and Zoning Commission
Published in the Aspen Times on July 1, 1994
City of Aspen Account
ZOLINE OPEN SPACE
ADJACENT PROPERTY OWNERS
Pearce Equities Co. CO Department of Transportation
c/o Coleman, Aiken & Chase 222 S. 6th St. , Room 317
181 East Evans Grand Junction, CO 81501-2769
Florence, SC 29503
Pitkin County
Joseph T. Zoline County Manager
900 Stage Road 530 E. Main St. , 3rd Floor
Aspen, CO 81611 Aspen, CO 81611
City of Aspen
City Manager
130 S. Galena
Aspen, CO 81611
Harold Harvey
421D AABC
Aspen, CO 81611
Sam & Joy Caudill
P.O. Box FF
Aspen, CO 81612
Arthur & Elizabeth Pfister
P.O. Box EE
Aspen, CO 81612
PSL Health Care Systems
c/o Rosemont & Assoc.
Box 796877
Dallas, TX 75379-3877
Janice Zoline
624 N. Canon Dr.
Beverly Hills, CA 90210
Paul & Virginia Soldner Family
Part.
P.O. Box 90
Aspen, CO 81612
Dayton Heidelberg Dist. Co.
1518 Dalton St.
Cincinnati, OH 45214
David L. Johnson
P.O. Box 4494
Aspen, CO 81612
Pomegranate
Sarah Jean Diamond Scott & Suzanne Writer
P.O. Box 2627 P.O. Box 9705
Aspen, CO 81612 Aspen, CO 81612
Wendy Erickson Jon & Meredith Hedrich
P.O. Box 400 1240 Thornapple Ln
Aspen, CO 81612 Northbrook, IL 60062
Barbara Moore Stanford Minnesota Rubber Co.
P.O. Box 380 c/o Lynn Sailor
Durango, CO 81302 3630 Wooddale Ave.
Minneapolis, MN 55416
George & Marianne Hartnett
240 Old Farm Rd. Gail Boyd
Northfield, IL 60093 P.O. Box 4130
Aspen, CO 81612
Ginny Williams
240 Dahlia St.
r, Denver, CO 80220
Barbara Gary
P.O. Box 2816
Aspen, CO 81612
Patrick & Nancy Mattison
Arthur & Kathryn Mattison
401 Whitney Blvd.
Belvedere, IL 61008
Virginia Hedrich Trust
Carly Hedrich Trust
1240 Thornapple Ln.
Northbrook, IL 60062
Walhart Realty Co.
899 Skokie Blvd.
Northbrook, IL 60062
Pomegranate Development Co.
899 Skokie Blvd.
Northbrook, IL 60062
John Nicholson
c/o Guild Management Co.
9911 W. Pico Blvd, Penthouse #A
Los Angeles, CA 90035
Ted & Cynthia Bartholow
3837 Carruth
Dallas, TX 75225
. r
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Senior Planner
DATE: August 16, 1994
RE: 939 East Cooper - Worksession
SUMMARY: The Commission reviewed a subdivision/AH proposal from
Bob and Darnell Langley several months ago. The Langleys have
revised that proposal and would like to review their new proposal
with the Commission before they submit a development review
application.
The new proposal includes a subdivision, Landmark Designation of
the entire property and preservation of the house and barn, and
rezoning to affordable housing.
The Langleys will have site plans and renderings for their
presentation at the meeting.
This is only a worksession and the Commission cannot give any
approvals.
Saturday-Sunday,July 2-3, 1994• The Aspen Times I.&D
Public Notice
NOTICE OF PUBLIC TRUSTEE'S SALE COUNTY COURT,PITKIN COUNTY,COLORADO ' Section 3 ESTRAY of Aspen's 1973 Urban Run-off Management
NO.94-7 Case No.94C178 That the City Clerk shall give public notice as Taken up near Aspen,CO.,county of Pitkin Plan;and
TO WHOM IT MAY CONCERN:This Notice Is ORDER FOR PUBLICATION AND CHANGE OF follows:A copy of this resolution shall consle one black or dark brown gelding mule, no WHEREAS,Code adopted of the Aspen
given with regard to the following described NAME IN THE MATTER OF THE PETITION FOR tute notice that,on the given date and at the brand, 15-20 yrs.,750#.It not claimed within Municipal Code was adopted to provide the
Deed of Trust: THE CHANGE OF NAME OF:STEPHANIE FITZ- given time and place set by the City Council, ten days will be sold by Slate Board of Stock necessary procedures to implement the provi-
Original Grantor of Deed of Trust(Borrower): PATRICK DAVIS,Petitioner. the City Council shall hold a hearing upon said Inspection.For further Information call 876- sions of Article 68 of Title 24,C.R.S.,as amend-
Joseph S.Zaluba and Ronald C.Cullen ORDER FOR PUBLICATION resolution of the City of Aspen for the purpose P491 ed and Section 24-6&104(1),C.R.S.,permits the
Original Beneficiary of Deed of Trust:Pitkin The Court having read and considered the of determining and finding whether the area Published in The Aspen Times July 1,1994. vesting period to be extended upon the
County Bank&Trust Company Petition for Change of Name and the petition- proposed to be annexed meets the applicable express authorizatlon of City Council.
Current owner of the evidence of debt er's affidavit,and the Court being sufficiently requirements of Sections 31-12-104 and 31-12- PUBLIC NOTICE NOW.THEREFORE,BE IT ORDAINED BY THE
secured by the Deed of Trust:Pitkin County advised, 105,C.R.S.,and is considered eligible for annex- The annual return of the Karetsky Family CITY COUNCIL OF THE CITY OF ASPEN,COL
Bank&Trust Company Date of Deed of Trust: FINDS:That the allegations made In said petl- ation.Said notice shall be published once a Memorial Fund and Setli Kahn Foundation for ORADO:
January 5,1990 tion and affidavit satisfy all statutory require- week for four consecutive weeks In a newspa- the fiscal year ended March 31, 1993 Is avail- Section 1:That it does hereby extend Vested
Recording Date of Deed of Trust:January 8, ments; per of general circulation In the area proposed able at the office of Starr&Company,350 Park fights for the Aspen Institute granted by the
1990 AND THE COURT FURTHER FINDS:That the to be annexed.The first publication of such Avenue,New York,NY 10022 for inspection site specific development plans approved for
County of Recording:Pitkin County,Coloradd desired change of name Is proper and not detrl- notice shall be at least thirty days prior to the during regular business hours by any citizen the Aspen Meadows SPA Final Development
Reception No.of Recorded Deed of Trust: mental to the interests of any other person. date of the hearing.The proof of publication of who requests It within 180 days hereof.Princl- Plan,established by Ordinance No.14,Series of
IT IS THEREFORE ORDERED: the resolution shall be returned when the pub- pal Manager of The Foundation is Geraldine K. 1991,for a period of three(3)years from June
' and Page of Recorded Deed of Trust: 1.That pursuant to statute,petitioner shall lication is completed,and the certificate of the Karetsky. 21,1994 to June 21,1997,subject to the condi-
B, A I at Page 449 give public notice of such change of name by owner,editor,or manager of the newspaper In Published In The Aspen Times July 1,1994. tions set forth at Section 2 below.Failure to
YOU ARE HEREBY NOTIFIED that the under- publication of Public Notice three(3)times in which said notice Is published shall be proof abide by any of the terms and conditions In
signed as the legal owner of an Evidence of The Aspen Times,a legal newspaper,published thereof.A copy of the resolution and petition ORDINANCE NO.29 Section 2 within 45 days or the conditions
Debt,dated January 5, 1990,In the original In said county.This publication is to be made as filed,shall also be sent by registered mail by Series of 1994 attendant to the original approvals shall result
principal amount of$145,000.00 dollars and within 20 days of the date of this Order.Proper the clerk to the Pitkin County Board of County AN ORDINANCE OF THE CITY COUNCIL OF fit the forfeiture of said vested property rights.
which is secured by the Deed of Trust proof of publication shall be filed with the Commissioners and to the County Attorney of THE CITY OF ASPEN,COLORADO,ALITHORIZ- Failure to properly record all plats and agree-
describe(kabove,has filed written election and Clerk of the Court upon final publication. Pitkin County and to the Aspen School District ING THE CERTIFICATION OF DELINQUENT merits required to be recorded by the land Use
demand t&sale as provided In said Deed of 2.That upon proof of publication being filed at least twenty days prior to the dale fixed for CHARGES FOR COLLECTION BY THE PITKIN Code shall also result In the forfeiture of said
Trust.The outstanding principal balance with the Clerk of the Court, the name of such hearing. COUNTY TREASURER IN THE SAME MANNER vested property rights.
(exclusive of interest and any other charges Stephanie Fitzpatrick Davis will be changed to Section 4 AUTHORIZED FOR COLLECTION OF OTHER Section 2:The extension of vested rights
properly allowable under the documents evi- Stephanie Davis Fitzpatrick. That pursuant to Section 31-12-115,C.R.S., TAXES shall be conditioned by the following:
dencing said debt)due and owing upon the Evl-• DATED:June 14,1994. the City Manager Is hereby directed to initiate Copies of this ordinance are available in the 1)The Aspen Institute shall dedicate a trail
dence of Debt secured by the abovedescrlbed Fitzhugh Scott 111;County Judge appropriate zoning procedures with regard to office of the City Clerk,City Hall, 130 South alignment along the roadway from the parking
Deed of Trust being foreclosed is$123,322.59 Published in The Aspen Times June 24,July 1 the territory proposed to be annexed. Galena,Aspen,during normal business hours. garage to the old road below the health club,
Section 5 FINALLY adopted,passed and approved this then fanning outward towards the property
as of June 6,1994. and 8,1994. P P PP
The following-described property Is all of the That pursuant to Section 31-12-108.5,C.R.S., 27 day of June,1994. line of Lot I,until such time That the City Parks
property encumbered by said Deed of Trust: PUBLIC NOTICE the City Manager is hereby directed to prepare John S.Bennett,Mayor Department finalizes a trail design to follow
Lot 3,HOAG Subdivision,according to the Pitkin County,CO is accepting Requests for an impact report concerning the proposed ATTEST:Kathryn S.Koch,City Clerk basically the old road.Then,the City will be
plat tiled November 5, 1971 in Plat Book 4 l Proposal until 2 p.m.local time,July 13, 1994, annexation at least twenty-five days before the Published in The Aspen Times July I,1994. responsible for costs associated with survey-
Page 218.County of Pitkin,State of Colorado for the operation of the public Pay Telephone date of the hearing established heref labove Ing and platting the new trail easement,as well
also known as:18 Roaring Fork Drive,Aspen, Concession at the Aspen/Pitkin County Airport and shall cause to be filed one copy with the ORDINANCE NO.30 as the costs of developing the trail.The old
CO 81611 and various municipal locations In and around Pitkin County Board of County Commissioners (SERIFS OF 1994) easement will be abandoned during the replat-
Together with all and singular the privileges Aspen,Colorado.RFP documents available within five days thereafter. AN ORDINANCE OF THE CITY COUNCIL OF ling effort.
and appurtenances thereunto belonging. June 13, 1994,from Carl L.Remmel,Assistant INTRODUCED,READ AND ADOPTED by the THE CITY OF ASPEN,COLORADO,AMENDING 2)The Aspen Institute shall to dedicate a
THE LIEN OF THE DEED OF TRUST TO BE Director of Aviation,233 E.Airport Rd.,Aspen, City Council of the City of Aspen on the 13th CHAPTER 22 OF THE MUNICIPAL CODE,TRAF- storm water detention easement In the old
FORECLOSED MAY NOT BE A FIRST LIEN, CO 81611(303)920-5384. day of June,1994. FIC AND MOTOR VEHICLES,AND ESTABLISH- racetrack area as Identified In the 1973 Urban
THEREFORE,NOTICE IS HEREBY GIVEN that I Published In The Aspen Times June 24 and July John S.Bennett,Mayor ING A RESIDENTIAL.PERMIT PARKING PRO- Run oll Management Plan.The easement shall
t IU'00 o'clock a.m.,on the dale of July 1,1994' 1,Kathryn S.Koch,duly appointed and acting GRAM be for a 5 acre loot detention pond and assocl-
J4,al the Pitkin County Courthouse,506 PUBLIC NOTICE City Clerk do certify that the foregoing is a true Copies of this ordinance are available In the ated Intel,outlet and maintenance access ease-
Main St.,Aspen,Colorado,sell at public The annual report of the Aspen Airport Bust- and accurate copy of that resolution adopted office of the City Clerk,City Hall, 130 South ments.The City will be responsible for costs
auction to the highest and best bidder for cash, ness Center Foundation Is available at the by the City Council of the City of Aspen,Col- Galena,Aspen,during normal business hours. associated with surveying and platting tine new
the real properly described above,and all address noted below,for Inspection during orado,at a meeting held on the day herein- FINALLY adopted,passed and approved this storm water detention easement,as well as the
above stated. l7 da of June,1994 costs of developing the pond and associated
Interest of said Grantor,the heirs,successors normal business hours,by any citizen who so Y
and assigns of said Grantor,for the purpose of requests within 180 days after publication of Kathryn S.Koch,City Clerk John Bennett,Mayor needs.
paying the indebtedness provided In said Note this notice of Its availability. Published in The Aspen Times June 24,July 1 ATTEST:Kathryn S.Koch,City Clerk Section 3:That the establishment of a vested
and Deed of Trust,attorneys'fees,and the The Aspen Airport Business Center Founda- and 8,1994. Published in Tine Aspen Times July 1,1994. property right shall not preclude the applica-
expenses of sale,and will deliver to the pur- tion,303 E.AABC,.Aspen,Colorado 81611. lion a ordinances a regulations which are
chaser a Certificate of Purchase,all as provid- The principal manager is John P.McBride, INVITATION FOR BIDS general j nature and are applicable to all grop-
ed by law. President and Trustee.Telephone(303)925- FOR IMPROVEMENTS(S ASPEN-PITKIN ORDINANCE 9931 erty subject to land use regulation by the City
Date:June 9,1994 74P8 COUNTY AIRPORT(SARDY FIELD) (SERIFS OF 1994) of Aspen including,but not limited to,building,
First Publication Dale:June 1T,1994 Published In The Aspen Times July 1,1994. ASPEN'COLORADO AN ORDINANCE OF THE CITY COUNCIL OF fire,plumbing,electrical and mechanical
Date:July l5,1994 AIP PROJECT NO.3-08-0003-12 THE CITY OF ASPEN,COLORADO,EXTENDING codes.In this regard,as a condition of this site
Last Publication Da J
Thomas Carl te: Public Trustee of the PUBLIC NOTICE Sealed bids for the improvements to Aspen- THE VESTED DEVELOPMENT RIGHTS FOR development approval, the applicant shall
County of Pitkin,State of Colorado RE:ZOLINE OPEN SPACE AMENDMENT TO Pitkin County Airport(Sandy Field),Aspen,Col- THREE YEARS FOR THE ASPEN INSTITUTE AT abide by any and all such building,fire,plumb-
By:Judy James Deputy Public Trustee THE OFFICIAL ZONE DISTRICT MAP OF THE orado,AIP Project No.3-08-0003-12,will be LOT 1-A OF THE ASPEN MEADOWS SUBDIVI- Ing,electrical and mechanical codes,unless an
ATTORNEYS:Patrick D.McAllister,Esq. CITY OF ASPEN received by the Airport Manger,Aspen-Pitkin SION exemption therefrom is granted in writing.
David L.Lenyo,Esq. NOTICE IS HEREBY GIVEN that a public hear- County Airport(Sardy Field),Aspen,Colorado WHEREAS,the Aspen City Council adopted Section 4:That the City Clerk is directed,
GARFIELD&IIECHT,P.C. Ing will be held on Tuesday,July 19, 1994 at a 81612,until 10 a.m.,July 19, 1994 and then Ordinance No.14, Series of 1991 for the upon the adoption of this ordinance,to record
601 East Hyman Avenue,Aspen,CO SI611 meeting to begin at 4:30 p.m.before the Aspen opened,read aloud and canvassed. approval the Aspen Institute's development of a copy of this ordinance in the office of the
(303)925-1936 Planning and Zoning Commission,2nd Floor The work Involved Includes the following: 50 new lodge rooms,a parking garage,renova- Pitkin County Clerk and Recorder.
Published In The Aspen Times June 17,24 Meeting Room,City Hall, 130 S.Galena,Aspen, SCHEDULE I Lion and expansion of the health club,and ren- Section 5:A public hearing on the Ordinance
and July 1,8 and I5,Asp Me ti consider an y Hall, 130 submitted s the Rehabilitate General Aviation Tiedown Apron ovation of the restaurant building by approval shall be held on the 25 day of July,1994 at 5:00
City of Aspen, 130 S.Galena St.,Aspen,CO to Station 45.00 to Station 51.00 and a of the Aspen Meadows Final SPA Development P.M.In the City Council Chambers,Aspen City
("Plan");Plan Portion of Taxiway"A" Plan";and Hall,Aspen Colorado,fifteen(15)days prior to
NOTICE OF PUBLIC TRUSTEE SALE rezone the Zoline Open Space Parcel from AF-2 )
(No.94-8 PUD In the County,to OS,Open Space,In the SCHEDULE WHEREAS, Vested Rights for the Aspen which hearing public notice of the same
To Whom It May Concern:This Notice Is City. Properly description:an approximately Rehabilitate Runway 15/33 Meadows was also granted within the Plan for shall be a published d In a newspaper of general
given with regard to the following described 57.15 acre parcel of land to Sections 2 and 11, Station 10.15 to Station 30.15 a period of three years,effective through June circulation within the City of Aspen.
Deed of Trust: Township IU South,Range 85 West of the 6th A complete set of Plans,Specifications,and 21,1994;and INTRODUCED,READ AND ORDERED PUB-
Deed Trust: of Deed of Trust(Borrower): P.M.Township f�10 So I ,Range 85 rest o t Le<!fe Contract Docn-meats may be obtained after WHEREAS.the Aspen Institute has completed LISIIED as provided by law,by the City Council
Cleon L Griffiths Lamont at the Aspen/Pitkin Planning Office,130 June 29, I)y4 ai the once of ismii Assoaares, the majority of the projects approved by Ordl- of t1:e City of Aspen on the 2'. lay a1 J�..e.
Original Beneficiary of Deed of Trust:Alpine S.Galena St.,Aspen.CO 920-5101 Inc., 10190 East Montvlew Boulevard,Aurora, uance No.14,but were unable to complete 1994•
B ry p p Colorado 80010-'1231,b a nonrefundable Y
Bank,Basalt s/Bruce Kerr,Chairman y lodge building number 3 to contain twelve John Bennett,Mayor
Current owner of the evidence of debt Aspen Planning and Zoning Commission deposit of$60 for each set. lodge rooms prior to the expiration of vested Attest:Kathryn S.Koch,City Clerk
secured by the Deed of Trust:Alpine Bank, Published In the Aspen Times July 1,1994. Each bid must be accompanied by a Certified rights due to fund raising constraints;and Published In The Aspen Times July 1,1994.
Basalt Check or Cashier's Check in the amount of not WHEREAS,the Aspen Institute submitted a
Date of Deed of Trust:June 23,1993 RESOLUTION NO.44 less than five percent of the total bid,made request to the Planning Office on April 26,1994,
Recording ate of Deed of Trust:Jul 7,1993 ) payable to Pitkin County Board of Commission- for an additional three years of vested rights to PUBLIC NOTICE
g y (Series of 1991 ers,or by a Bid Bond In like amount executed extend from June 21,1994,to June 21,1997,for
County of Recording:Pitkin A RESOLUTION OF THE CITY COUNCIL OF by a Surety Company. the remaining development of lode building Please lake notice that the Board of County
Reception No.of Recorded Deed of Trust: ASPEN,COLORADO,RELATIVE TO THE PETI- The Bidder must supply all the Information B p B B Commissioners has adopted on June 14, 1994
358562 TION FOR ANNEXATION OF TERRITORY TO pp y number 3;and the following Resolution:
Book and Page of Recorded Deed of Trust THE CITY OF ASPEN,COMMONLY KNOWN AS required by the proposal forms and specifica- WHEREAS,the request for vested rights A RESOLUTION OF THE BOARD OF COUNTY
Book No.717,Page No.150 "HIGHWAY 82-CITY/ZOLINE OPEN SPACE dons,and he must bid on all times of every extension was considered by the Planning COMMISSIONERS OF PITKIN COUNTY,COI:
YOU ARE HEREBY NOTIFIED that Alpine ANNEXATION";FINDING SUBSTANTIAL COM- Schedule.The Pitkin County Board of Commis- Office,Parks Department and the Engineering ORADO,ESTABLISHING OPERATING PROCE-
Bank,Basalt,as the legal owner of an evidence PLIANCE WITH SECTION 31-12-107(1),C.R.S.; sioners,Aspen,Colorado reserves the right to Department,and as a result of their reviews,
waive any Informality In or to reject any or all these departments sought to exchange for the DURFS FOR TILE BOARD Deputy EQUALIZATION
of debt,the original principal of which was ESTABLISHING A DATE,TIME,AND PLACE FOR p B B Jeanette Jones,Deputy Clerk&Recorder
$10,148.00 and which Is secured by the Deed of A PUBLIC HEARING TO DETERMINE COMPLI- portions of the various bid Items.No proposal vested rights extension two new easements, Copies of the full text of this Resolution are
Trust described above,has filed written elec- ANCE WITH SECTIONS 31-12-104 AND 31-12-105, may be withdrawn for a period of 60 days from those being a revised multi-purpose trail align- available for public Inspection in the office of
the opening thereof. ment on the old dirt road below the health club
lion and demand for sale as provided is said C.R.S.; AUTHORIZING PUBLICATION OF !t is Intended that work covered by this con- at the northwest corner of the Institute's prop- the Clerk and Recorder,530 E.Main SL,8:30 anh
Deed of Trust.The outstanding principal bat- NOTICE OF SAID HEARING;AND AUTHORIZING -4:30 pm.
ance due and owing upon the evidence of debt THE INSTITUTION OF ZONING PROCEDURES tract will be completed during the 1994 con- erty,and a storm water detention easement In Published In The Aspen Times July 1,1994.
secured by the above-described Deed of Trust FOR LAND IN THE AREA PROPOSED TO BE structlon season. the old racetrack area as identified In the City
being foreclosed Is$9,336.26 as of May 10, ANNEXED. All bidders are advised to examine the site to
1994. WHEREAS,on June 8,1994,the City Manager become familiar with all site conditions.The PUBLIC NOTICE—CITY OF ASPEN PUBLIC AUCTION
The following described property is all of the of tine City of Aspen and the Department of project will be shown to interested bidders at 2 IN CONFORMITY WITH SECTION 22-31 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN,AND
property encumbered by said Deed of Trust sit- Transportation,State of Colorado,did file with P.m..,July 11, 1994 at the Airport Administra- UNDER THE AUTHORIZATION OF THE COLORADO REVISED STATUTES 1973,SECTION 42-4-1103 AS
ua[ed in the County of Pitkin,Slate of Colorado: the City Clerk of the City of Aspen a Petition for tion Office,located at Aspen-Pitkin County Air- AMENDED,A PUBLIC AUCTION OF THE FOLLOWING IMPOUNDED MOTOR VEHICLES WILL BE HELD
PARCEL#11,WEST SOPRIS RANCH AKA A Annexation of territory to the City of Aspen, port(Sardy Field),Aspen,Colorado. ON SATURDAY,JULY 9,1994,AT THE COUNTY DUMP(NINE MILS WEST OF ASPEN ON HIGHWAY
parcel of land situated in the W 1/2 of Section whereby real property described In Exhibits The proposed contract Is under and subject 82).THE GATE Will.OPEN AT I l A.M.FOR INSPECTION OF THE VEHICLES.THE AUCTION WILL
96,N87W of the 6th PM more particularly "A" and"B"appended to the Petition for to Executive Order 11246 of 24 September 1965, COMMENCE AT 12:00 P.M.(NOON).THE IMPOUND LOT WILL BE OPEN UNTIL 2:30 P.M.FOR
died as follows:Beginning at the NW cor- Annexation,Is being petitioned for annexation as amended,and to the equal opportunity REMOVAL OF VEHICLES.
of said Section 22,thence S88°53'16"E to the City of Aspen;and clause and the Standard Federal Equal Employ- TERMS OF SALE 1.All vehicles sold as is,where is.
1319.54 feet to the True Point of Beginning, WHEREAS,the City Clerk of the City of Aspen ment Opportunity Construction Contract Specs- 2.All sales final.
thence S 1°00'46" W 1169.50 feet, thence has referred the aforesaid as a commu-etition ficat{ons Including the goals and timetables for 3.No vehicles sold to persons under 21 years of age.
p minority and fernale participation. 4.No vehicle appraised$200 or less can obtain title.
S88°54'42"E 1318.95 feet,thence NI°02'31"E nlcatlon to the City Council for appropriate p Certification of Nonsegregated Facilities S.MINIMUM of$25.00 on all vehicles.
1169.00 feet,thence N68°53'16"N 1319.54 feet action to determine if the petition Is substan- must be submitted prior to the award of the 6.Cash,money order,cashier's checks,traveler's checks,and local checks with
to the True Point of Beginning.Note:all bear- tially In compliance with Section 31-12-107, proposed contract,including any subcontracts proper Identification are acceptable(MUST PRESENT TWO FORMS OF ID:One photo Identification
{ngs are Colorado Coordinate System,Central C.R.S.;and such as Driver's License,and a major credit card).
Zone.Containing 5.412 acres. WHEREAS,the petition,Including accom a- In excess of$10,000. 1 )
B P B P NOTICE—CIJECKWRITERS
also known by street and number as:(vacant nying copies of an annexation map,has been The proposed contract Is subject to the pro-
land). reviewed by the City Attorney's Office and the visions of Department of Transportation Regu- IF YOU ARE UNABLE TO PROVIDE IDENTIFICATION AS STATED ABOVE AT THE TIME OF PAY-
THE LIEN OF THE DEED OF TRUST TO BE City Engineer and found by them to contain the lations 49 CFR Part 23(Disadvantaged Business MENT,YOUR CHECK WILL NOT BE ACCEPTED AND THE VEHICIE Will,BE REAUCTIONED.
FORECLOSED MAY NOT BE A FIRST LIEN. Information prescribed and set forth In pars- Enterprise Participation).Goals for DBE partici- 7.All vehicles sold will receive a"Bill of Sale"upon presentation of payment to the City of Aspen
THEREFORE,NOTICE IS HEREBY GIVEN that I graphs(c)and(d)of subsection(1)of Section parson have been established at 10.9 percent of and upon removal of the vehicle from the Impound In[and the County Dump.
will,at 10:00 a.m.on the date of August 10, 31-12107,C.R.S.;and tine construction contract. 8.All vehicles must be paid for at the time of the auction.
1994,at the Pitkin County Courthouse,506 East WHEREAS,the petition has been signed by Minimum wage rates as established by the 9.The City of Aspen reserves the right to bid on and buy any vehicle.The City may refuse any and
Main Street,Aspen,Colorado,sell at public the owners of one hundred percent signed of Secretary of Labor are applicable to this project. all bids and maintains the right to buy any vehicle in the Auction as first right.
auction re the highest and best bidder for cash, the area proposed to hundred percent
and Any questions regarding bids are to be direct- 10.You will be required to remove vehicles on the day of the auction;the lot will be open until
the real properly described above, and all WHEREAS,Section 31-12-107(1)(g),C.R.S., ed to the office of Isbell Associates,Inc.,Aurora, 2:30 p.m.for this purpose.Please make advance arrangements for removal of vehicles.
interest of said Grantor,the heirs,successors mandates that the City of Aspen initiate annex- Colorado(303-364-2500)for interpretation. 11.The dump is closed on Sunday.
and assigns of said Grantor,for the purpose of anon proceedings in accordance with Sections Pilkin County Board of Commissioners 12.If you abandon a vehicle on city or county properly,you will be prosecuted for abandoned
paying the indebtedness provided in said Note 31-12-108 to 31-12-110,C.R.S.,whenever a peti- Aspen,Colorado vehicle under section CR 1&13-IOIi.
and Deed of Trust,attorney's fees,and the tion is filed pursuant to subsection(1)of Sec- Published in The Aspen Times June 24,July 1 13.The vehicle must be removed from the impound lot before it can be stripped for parts;you
y p and 8,1994. may dispose of the vehicle afterwards by signing the receipt over to the"County Dump."
expenses of sale,and will deliver to the pur- tion 31-12-107,C.R.S. VEHICLE AUCTION-JULY 9,1994
chaser a Certificate of Purchase,all as provid- NOW,THEREFORE,BE IT RESOLVED BY THE PUBLIC NOTICE Auction
ed by law. CITY COUNCIL OF THE CITY OF ASPEN,CO: FEDERAL HYDRO POWER BENEFITS CITY OF # Ree{stered Owner MAke Model YS.a[ Ylllir 111
DATED:June 24,1994. Section I ASPEN ELECTRIC CUSTOMERS 1. Carcama Delis VW 2dr 1979 1793828517 VCV069
Thomas Car!Often,Public Trustee That the Petition for Annexation of territory On October 1, 1989 the City of Aspen Utility 2. no record Toy SW 1978 TE38127800 no plate
)r the County of Pitkin,Stale of Colorado, to the City of Aspen submitted by the City Man-
udy James,Deputy Public Trustee ager of the City of Aspen and the Department Department started to receive an Allotment of 3. David A.Hoehn VW Van 1978 2282106670 SGZ6V (OR)
...st Publication Date:July 1,1994. of Transportation,Stale of Colorado,a copy of Federal Electric Power.This Allotment is 4. Craig Bamesbager Plym 4dr.Fury g 1964 3341274209 VCN629
last Publication Date: July 29,19. which s annexed hereto and incorporated known as the Salt lake City Area Integrated 5. Nicole K{llock Ford Van Club Wagon 1973 E21GIIR70653 no plate
Published in The Aspen Times July 1,8, 15, herein by this reference,Is hereby found and Projects(SLCA/IP)Allotment and Is purchased 6. Grant Sutherland VW 2-dr.Babbitt 1980 17AO873051 V9(CA)
22 and 29,1994.NOTICETOCREDITORS determined to be in substantial compliance by the City from the Western Area Power 7. Shelley Anne Spalding Ford SW Granada 1982 E34GH 72470 43335 IDW60211ZG
with the provisions of subsection(1)of Section Admhdstration(WAPA).This power is pur- 8. Jeff Finesilver Ford Van 1972 F34GHN72470 0211ZG
ESTATE OF HEDI WIDMER with the C.R.S. chased in addition to power purchased from 9. Francisco Javier Munoz Olds 2-dr. 1979 3M47F9M462766 EPA043
AN)
Probate No.94 PR 13 Section 2 Municipal Energy Agency of Nebraska(ME 10. Jose Guadalupe Morales Renault SW 1984 VFIFTJ35B9E1000458 no plate
All persons having claims against the above- That the City Council hereby determines that and hydropower generated by the City's Ruedi 11. Irene Kralich Chevy 2dr.Monle Carlo 1978 1Z37U8Z416544 EMB6148
named estate are required to present them to it shall hold a public hearing to determine If Hydropower Generation Facility(RUEDI). 12. Gregory Hall VW Van 1971 2212147931 EVB619
Hans Widmer or to the District to Court of Pitkin the proposed annexation complies with Sec- For the winter season 1994,completed March 13. Christopher J.Roth AMC Jeep Wagoneer 1977 J7AISMZ090277 828BW(MA)
Count Colorado,on or before September tin p p p 1994,the City of Aspen Electric Utility saved 14. no record Dodge 2-dr. 1968 111231'8D275600 WLB275(CA)
County, p [ions 31-12-104 and 31-12-105,C.R.S.,and to approximately$63,048 on electric costs due to 15. Paul L Anderson VW 2-dr. 1968 118355337 EVT582
1994,or said claims may be forever barred. establish whether or not said area is eligible
Hans Widmer,Personal Representative for annexation pursuant to the Municipal the purchase of the WAPA power. 16. Karen Elise Ellis Honda 2-dr. 1982 J EB032F4CZ6313576 F`
c/o OATES,HUGHES&KNEZEVICH,P.C. Annexation Act of 1965,as amended;said hear- Below Is a breakdown of power usage and 17. Joseph Edward Deveydt Florida 2dr.CVCC 1978 TE375 689 FTV VC(AZ)
Attention:Richard A.Knezevich,Esq. Ing to be held at a regular meeting of the City associated costs to the City's electric utility. 18. Dylan Gibson Toy 2dr.Corolla 1976 IVWB 0171 VCX414
Attorneys for Personal Representative Council of the City of Aspen at 5:00 o'clock p.m. Purchased Energy Cost($) $ per KWH 19, Edward Stephen Frease VW 3d r. 1982 1V NJISN2 ,ro4O9531 VCTCA)
533 East Hopkins Avenue on the 25th of July,1994,in Council Chambers TOTAL 37,526,247 $1,464,574 $0.0390 20. Jeris Ann Rovsek AMC Jeep 1983 IJCNJ15N2U'r040953 USASPEN(CA)
611 at City Hall, 130 S.Galena,Aspen,Colorado MEAN 23,376,245 $801,273 $0.0343 21. Debra Mestas Ford P/U Courier 1973 SGTANA20764 1LM-074
Aspen,Colorado 81611 81611.(A date which le not less than thirty RUEDI 10,505,617 $600,000 $0.5711 22. James S.Scruggs Toyota 2dr. 1973 T'E21659154 VCJ330
(303)
Published In The Aspen Times June 17,24, days nor more than sixty days after the effec- WAPA 3,644,385 $63,301 $U.U174 23. Christopher Roth Canoe
July 1,and 8,1994. tive date of this resolution). Published in The Aspen Times July 1,1994. Published in The Aspen Times June 24,July 1 and 8,1994.
.!iufulduy-SundQy,August 1.3-14, 1994. The Aspen Times 19-D
Sports Pudic Notice
kjm,n4,u4CE NU.36(Series of 1994) INVITATION TO BID
Summer prep football c AN ORDINANCE AMENDING THE MUNICIPAL Sealed bids will n received at Aspen City
CODE OF THE CITY OF ASPEN BY ADDING SEC- Hall until 2:00 p.m.,August 25,1994,for the fol-
TION'1-39 TO ESTABLISH RIO GRANDE PARK- lowing City of Aspen project:Aspen City Hall
1NG PLAZA FEES,TO ESTABIJSH COMMERCIAL Renovation Project.The project Includes,but
CORE PAY PARKING FEES,AND TO ESTABLISH is not limited to general renovation of the base-
RESIDENTIAL PERMIT PARKING PROGRAM ment and roof,and restoration of bricks and
stresses academics test skills AND OTHER PARKING FEES, windows.
WHEREAS,the City Council has determined Complete Bid Packages are available Irom the
that a coordinated fee structure for parking In Engineering office on the 2nd floor of City Hall,
the commercial core,the residential permit 130 S.Galena St.,Aspen CO.Further Informa-
zones,and the municipal parking garage is nec- Lion may be obtained from Cris Caruso,City
■ Entrance exams earn a few problems. related g are t accomplish the multiple parking- Engineer,at(303)9'_'0-7476.
p related goals expressed In the Aspen Area Bids may be submitted for any portion of the
"There are too many athletes who go to college at Community Plan and the Transportation Imple- work or the entire project.Work must be sub-
mentation Plan;and stantiaily complete by December 15, 1994,
equal time the present who go to play athletics alone," Seherr WHEREAS,the Parking Improvement Fund is unless conditions dictate an extended sched-
sald. "I'm trying to get the kids realistically to think a special revenue fund and the Transportation ule,which shall be determined by the City.
From Wire Reports and Parking Fund is an enterprise fund,both of A pre-bid conference will be field at the build-
Po about their life and not have it center around athletics." which require that the revenues raised be suffi- ing site, 130 South Galena Street,Aspen CO,
CHARLESTON, W.Va. — When they huddle to Greg Robinette,a senior fullback and linebacker for clent to pay for the attendant costs. 2:00 p.m.,August 16. 1994.Attendance at the
NOW,THEREFORE,BE IT ORDAINED BY THE pre-bid conference is mandatory unless prior
start the day at this football camp, the first calls are Gilbert High School,believes the camp's emphasis on COUNCIL OF THE CITY OF ASPEN.COLORADO: authodiation is given by the City Engineer.
made by an academic counselor, academics is a big plus. Section 1 The City reserves the right to reject any or all
not a coach or quarterback. That the Municipal Code of the City of Aspen, Bids or accept what is,in its judgment,the Bid
q • . Robinette has attended camps at WVU and Mar- Colorado,is hereby amended by adding sec- which is in the City's best interest.The City fur-
Some high school football shall, but said neither offered as much instruction in lion 2-39 as follows: lher reserves thh•right,in the best interests of
Sec.2-39.Parking Fees. the City,to waive any technical defects or
camps, like the Big East-ACC Roundup Camp, are test-taking. The Transportation and Parking Department irregularities in any and all Bids submitted.
joining an basketball camps in teaching athletes "Over at West Virginia,nia we had a talking about shall charge the following fees for parking: Bids must be placed in one envelope securely
Y P g guy g 1.Rio Grande Parking Plaza Fee Options. sealed therein and labeled;"Bid for City Hall
about college aptitude tests. the ACT for a little bit, but it wasn't anything like A.Hourly parking rate ...... ...50.75/hour Basement and Roof".Enclose references of sim-
Alex Komons of Morgantown, the cam director this," Robinette said. "This just goes into a lot Maximum daily fee r......... 3.00 per visit filar projects with phone numbers and contact
P �Y J g B.Validation stickers........$3.00 per visit names.
who once helped West Virginia University with more detail." C.Unlimited use monthly pass 1100/month Bids may be be withdrawn for a period of thir-
recruitin ,believes academics are becoming s im or- Robinette already has scored a 19 on his A(T,high II.Commercial Core Pay Parking Fees. ty(30)days alter the time fixed for closing them.
recruiting, p Y � Between the hours of 7 a.m.and 6 p.m.Sl/hour Published in The Aspen Times August 12,1994.
taut as 40-yard dash times and weight-lifting totals. enough to be academically eligible at Marshall and Between the hours of 6 p.m.and 3 a.m. .Iree PUBLIC NOTICE
WVU two schools recruiting him. Parking is prohibited fn the commercial core
The reason is the NCAA's decision to toughen h RE: GOLDEN AGE RESORT CABIN AND
g + � between 3 a.m.and 7 a.m. TRANSFER OF DEVELOPMENT RIGHTS SPECW.
qualification standards for athletes. "'I thought It was a really hard test and I didn't 111.Residential Permit Parking Program Fees REVIEW AND REZONING
p p know how 1'd dune on it until 1 got my results back," Parking up to 2 hours without a permit..free NOTICE LS HEREBY GIVEN that a public hear-
"The academic art of cam is not what the kids p
e Resident Penult............... ..free Ing will be held on Tuesday,September 13,
enjoy the most," Komons said. "But the first day I tell Robinette said. "But I think this next time I'll be a Resident Guest Permit ....... ....f a 1994 at a regular meeting to begin at 5:00 p.m.
'You're District Courtroom
Lodge Guest Permit ..........51.00/permit
them, You're going to be tired and sore and uninterest- whole lot more prepared for it. ' High Occupancy Vehicle Permit .......free Dilute the Board , County Commissioners,
,506 E.Main St.,Aspen to
ed, but take advantage of the opportunity that's pre- Robinette plans to take the test again. He hopes to Day Pass Permit ................53.00/day consider an application submitted by the Arms
et a 24 or 26 on It eventually. Business Delivery Vehicle Permit..........
sented to you ... because not everyone *CIS this lake Mining Company and the Anderson Lake
Y Y g Y .....................$300/6 month period Mining Company requesting to rezone 457
chance." Joey Goodnite, a senior linebacker from East Bank Two 6 month periods are established for the acres of land to the Rural/Remote(R/R)zone
Komons said the NCAA's system of using SAT and Business vehicle Permit: Winter Season, district and requesting special review approval
y High School, also believes the instruction is produc- November 1 through April 30,and Summer Sea- to transfer development rights for five units
ACT scores to help determine athletic eligibility is Live, although he wishes Komons and the Staff would son,May 1 through October 31. from more remote mining claims within the
Section 2-The effective date of this ordi- applicants'holdings to receiver sites along the
unfair because,he said,the tests are racially biased and hold it in a classroom instead of on Laidley Field. nance shall be November 1,1994.Section 3 more developed road within the applicants'
not very good barometers of how students will per- "I don't think they emphasize enough in school This ordinance shall not have any effect on holding,and also requesting special review
existing litigation and shall not operate as an approval for the development of cabins on
firm. about the AC-r,football and sports,"Goodnite said. abatement of any action or proceeding now
cndin under or virtue of the ordinances each of the six total development sites being
However, he doesn't anticipate any change in the Komons said a similar, more expansive football- p g y considered as part of the rezoning.The proper-
amended as herein provided,and the same ty is located oil Lincoln Creek Road approxi-
system soon,so his camp aims at winning at it instead. academics camp is held by New York Jets' All-Pro shall be construed and concluded under such
mately 9 miles south of Slate Highway 82 in the
Players learn from Jim Seherr, St. Albans High receiver Rob Moore at the team's Long Island training prior ordinances. Townsite of Ruby;NW 1/4 of Section 12,Town-
Section 4-If any section,subsection,sentence, ship 12 South,Range 83 West of the 6th P.M.
School guidance counselor and the camp's ACT-SAT facility. clause,phrase or portion of this ordinance is for
p� Y For further information contact Ellen Sassano
expert. He gives them hints ranging from making Komons' camp was held In Charleston and Mor- any reason held invalid or unconstitutional In a at the Aspen/Pitkin Planning Office,920-5098.
court of competent jurisdiction,such portion s/Robert W.Child,Chairman
sure they read every word of each question to not get- gantown this year. He plans to add Roanoke, Va.; shall be deemed a separate,distinct and indepen- Board of County Commissioners
tin frustrated just because the are unable to answer Paterson N.J.'and New Orleans next ear. dent provision and shall not affect the validity of Published in The Aspen Times August 12,1994.
g Y + + Y the remaining portions hereof.
A public hearing on the ordinance shall be ORDINANCE NO.40(Series of 1994)
held on the 22nd day of August, 1994,in the AN ORDINANCE OF THE CITY COUNCIL OF
• City Council Chambers,Aspen City Hall,Aspen, THE CITY OF ASPEN.COLORADO,APPROVING
Speedos c l a t m Wes t Sl o e h o n o rs Colorado.INTRODUCED,READ AND ORDERED THE ANNEXATION OF CERTAIN TERRITORY
� PUBLISHED as provided by law by the City TO'fllE CITY OF ASPEN,COLORADO,T'0 BE
Council of the City of Aspen on the 8th day of KNOWN AND DESIGNATED AS THE HIGHWAY
August,1994. 82 CITY/ZOL INE OPEN SPACE ANNEXATION.
Aspen'Times Sports Report John S.Bennett,Mayor WHEREAS,on June 8,1994,the City Manager
PO freestyle and 43rd in the 50-free. ATTEST:Kathryn S.Koch,City Clerk of the City of Aspen and the Department of
The Aspen Speedos continued to score in summer in the same age category, the Aspen Speedos fill- Published in The Aspcn Times August i2,104. Transportatin:;,':tale of Culuradv,d:d the w IL
the City Clerk of the City of Aspen a Petition for
swimming at last week's Western Slope Champi- ished sixth in the 200-meter freestyle relay and eighth ORDINANCE NO.37(Series of 1994) Annexation of territory to the City of Aspen;
onships at Montrose. in the 200-meter medley relay. AN ORDINANCE of THE ASPEN CITY COUN- and
CIL DESIGNATING 834 W.HALLAM STREET, WHEREAS,the petition,Including accompa-
The meet was the largest and most competitive of Allison Eastley and Dana Fleisher led the Speedos LOTS K AND L,BLOCK 10,HALL.AM'S ADD{- nying copies of an annexation map,has been
the summer for the local swimmers. in the girls 10 and under class. TION,CITY OF ASPEN,AS"H"HISTORIC LAND- reviewed by the City Attorney's Office and the
MARK PURSUANT TO SECTION 24-7-703 OF City Engineer and found by them to contain the
No In girls 13-14 competition, Abby McFlynn and Eastley was fourth in both the 50-meter breast THE MUNICIPAL CODE. information prescribed and set forth In of§31-
Kate Purnell led the Aspen stroke and the 100-meter breast stroke. She also was WHEREAS,Michael Hull and Earl Jones,own- 12-107,C.R.S.;and
ers of 834 W.Hallam Street,Lots K and L,Block WHEREAS,the petition was signed by the
Speedos with a number of top _ seventh in the 50-freestyle and eighth in the 200- 10,Hallam's Addition,City of Aspen,have filed owners of one hundred percent(100%)of the
30 finishes in the tough meet. freestyle. an application for Historic landmark Designa- area proposed to be annexed,exclusive of
Lion of their property,pursuant to Section 24-7- streets and alleys;and
McFlynn finished sixth in the 100-meter breast She added a seventh in the 50-backstroke and 12th 704 of the Municipal Code;and WHEREAS,the City Council,by resolution
strokstroke in her best finish. She also was 16th in the 50 in the 100-freestyle and a ninth in the 50-butterfly. WHEREAS,the applicant requests a$2,000 (Number 44,Series of 1994)at its regular meet-
e Y landmark designation grant pursuant to Sec- ing on June 13, 1994,did find and determine
free, 14th in the 100-free, 19th in the 200-free, 11th in Fleisher was 13th in the 50-free, 151h in the 100- lion 24-7-704,for which the property is eligible; said Petition for Annexation to be in subslan-
the 100-backstroke and 241h in the 100-butterfl . free 14th in the 50-bac 10th in the 100-back ei T ar'd 1071 compliance with the provisions of§31-12-
Y � "� bh th WHEREAS,the Historic Preservation Commit- 107,C.R.S.;and
Kate Purnell was 27th in the 200-meter individual in the 50-breast, eighth in the 100-breast and ninth in lee unanimously recommended Historic Desig- WHEREAS,the City Council,by resolution
medley to go along with the following placing$: 37th the 50-meter butterfly. nation for the subject property at a duly (Number 62,Series of 1994)at its regular meet-
+ noticed public hearing on September 22, 1993; ing on July 25,1994,did find and determine,fol-
in 50-free,41st in 100-free, 31st in the 100-back, 29th Tiffany Stone, Sarah Durgin and Katie Barabe also and lowing a public hearing,said Petition for
in the 100-breast and 23rd in the 100-butterfly. logged top 30 finishes at the big Montrose meet. And WHEREAS,the Planning and Zoning Commis Annexation to be in substantial compliance
,on unanimously recommended Historic Des- with§§31-12-104 and 31-12-105,C.R.S.;and
Molly Purnell and Sarah McFlynn paced the they helped the Speedos 200-freestyle relay team finish Ignation for the subject property at a duly WHEREAS,the City Council does hereby find
Speedos in the irlS 11-12 category. sixth. The 200-medley [eta team finished fifth in the noticed public hearing on October 5,1993;and and determine that approval of the annexation
I� g g rY Y Y WHEREAS,pursuant to Section 24-7-702 of of said territory to be in the City's best interest;
Molly Purnell was 15th in the 50-meter freestyle. 10-and-under races. the Municipal code,the city Council has found NOW,THEREFORE,BE IT ORDAINED BY THE •
She also was 23rd in the 100-freestyle, 16th in the 50- In girls 8 and under, Kristen Purnell of the Aspen that the subject property meets standards y CITY COUNCIL t tTiff CITY la ASPEN, ibe
Y r gl , p (arehilectural Importance)and F(community Section 1.That the tract or land described In
backstroke, 14th in the 100-backstroke, 15th in the 50- Speedos won the team's only individual championship character);and the Petition for Annexation,commonly referred
WHEREAS,City Council wishes to affirm to as the Highway 82-City/Zoline Open Space,
butterfly and 12th in the 100-butterfly. in the 25-meter breast stroke. those recommendations as rendered by the and as shown on the annexation map,is hereby
For Sarah McFlyn her finishes included: 30th in Kristen Purnell also finished sixth in the 100-meter Historic Preservation Committee and Planning annexed to the City of Aspen,Colorado.
Landmark Zoning Commission and complete the Section 2.The City Clerk of the City of Aspen
the 50-free, 31st in the 100-free, 21st in the 50-back individual medley and 13th in the 25-fly to go along landmark Designation process. is hereby directed as follows:
and 19th in the 50-fly. with 18th in the 25-back. NOW,THEREFORE,BE IT ORDAINED BY THE (a)To file one copy of the annexation map
CITY COUNCIL OF THE CITY OF ASPEN, with the original of this annexation ordinance
Kristen Wright added a 36th in the 50-free to go Lindsay Patterson of the Specdos was second in the COLORADO: In the office of the City Clerk of the city of
along with a 17th in the 50-back.She also was 20th in 25-free and sixth in the 50-free. Section I Aspen.
That the structure and property at: (b)To certify and file two copies of this
the 50-butterfly and 15th in the 100-fly. She also was seventh in the 25-backstroke and 16th 834 W.Hallam Street,Lots K and L,Block 10, annexation ordinance and of the annexation
She also was 19th overall in the 200-meter individ- in the 25-butterfly. Hallam's Addition.City of Aspen be granted map with the Clerk and Recorder of the County
Y "H,"Historic landmark Designation. of Pilkin,State of Colorado.
ual medley. Kathryn Eastley of the Aspen Speedos was 11th in Section 2 (c)To request the Clerk and Recorder of
Kate Jensen of the Aspen Speedos was 26th in the the 25-breast, 16th in the 25-free, 30th in the 25-back That the Zoning District Map be amended to Pilkin County to file one d offish copy of this
reflect the rezoning described in Section 1 and annexation ordinance and of the annexation
100-breast, 261h in the 50-back, 41St in the 100- and 22nd in the 25-butterfly. the Planning Director shall be authorized and map with the Division of Local Government of
directed to amend said map to reflect said the Department of Local Affairs,State of CO.
rezoning. Section 3.The City Engineer of the City of
p Section 3 Aspen is hereby directed to amend the Official
Bask ./ �ba ll camp That the Planning Director shall es directed Map of the City p Aspen u reflect is bound-
to notify the City Clerk of such designation, ary changes adopted pursuant ro this annexa-
who shall record among the real estate records lion ordinance.
of the Pitkin County Clerk and Recorder's Section 4.That if any section,subsection,
Office a certified copy of this Ordinance. sentence,clause,phrase or portion of this ordi-
Section 4 nance is for any reason held invalid or uncon-
■continued from page 1-D "I got traded to Detroit last year.But I didn't quit. I That if any section,subsection,sentence, stitutional in a court of competent jurisdiction,
make the right decisions. didn't sit down and quit ... I worked harder," said
clause,phrase or portion of this Ordinance is such portion shall be deemed a separate,dis-
for any reason held invalid or unconstitutional tinct and independent provision and shall not
"That's enough about drugs," Elliott said. "Just Elliott who was reacquired by the San Antonio Spurs by any court of competent jurisdiction,such affect the validity of the remaining portions
portion shall be deemed a separate,distinct thereof.
make those decisions at the time for yourself ... not soon after Gregg Popovich, one of the Aspen Basket- and independent provision and such holding Section 5.That this ordinance shall not have
because of somebody else." ball Academy founders,took over as general manager. shall not affect the validity of the remaining any effect on existing litigation and Shall not
Elliott then reminded the campers of all the drills Po ovich who helped set u the Aspen basketball portions thereof. operate as an abatement under any action or pro-
p p p p p Section 5 ceeding now pending under or by virtue of the
and exercises that the many visiting coaches camps,and fellow NBA scout-coach R.C. Buford led A public hearing on the Ordinance shall be ordinances amended as herein provided,and
held on the 12th day of September, 1994,at the same shall be construed and concluded
employed last week. the 1994 camp in Aspen. 5:00 p.m.in the city Council Chambers,Aspen under such prior ordinances.
"If you think one week of camp is going to make And the two, in cooperation with the Aspen City Hall,Aspen,Colorado,fifteen(15)days A public hearing on the ordinance shall be
prior to which hearing notice of the same shall held on the 22nd day of August,1994,In the City
you a better player, you should think again. Sure it School District, intend to offer the camps again next be published once in a newspaper of general Council Chambers,Aspen City Hall,Aspen,Col-
will make you a little better. But you have to take summer. circulation within the city of Aspen. orado.
INTRODUCED, READ AND ORDERED PUB- INTRODUCED, READ AND ORDERED PUB-
what you've learned and go out and practice it. Prac- Or,,in the words of Buford: LISHED as prodded by law by the City Council LISHED as provided by law by the City Council
tice what you do in a game. "'Three claps for the Aspen Basketball Academy. of the City of Aspen on the 8th day of August of the City of Aspen on the 12th day of Sept.
1994. 1994.
"Remember sometimes you're gong to face adver- "Two claps. John S.Bennett,Mayor John S.Bennett,Mayor
sity," Elliott said, referring to basketball problems, "One clap. ATTEST:Kathryn S.Koch,City Clerk ATTEST:Kathryn S.Koch,City Clerk
schn�l nrnhlems and family problems. "Good iob." Published in The Aspen Times August 12,1994. Published in The Aspen Times August 12,1994.
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Senior Planner
RE: City-Owned Zoline Open Space Property - Zoning
Designation to Open Space (OS)
DATE: July 19, 1994
SUMMARY: Staff recommends approval of zoning the Zoline open space
parcel to Open Space (OS) . This property is undergoing annexation
and is owned by the City. The bulk of the acreage is currently
being developed as part of the Maroon Creek Golf Course per the
terms of a long term lease with the City. A portion of the
annexation contains the highway right-of-way.
APPLICANT: The City of Aspen
LOCATION: The parcel is 57 . 15 acres and is located on the north
side of Highway 82 on the west side of the Maroon Creek Bridge.
A large scale map of the parcel and surrounding land will be
presented at the P&Z meeting.
ZONING: County zoning AF-2 PUD
APPLICANT'S REQUEST: Within 90 days of annexation into the City,
a parcel must be zoned to a City zone district. The annexation
process is expected to go to City Council on July 25, 1994 .
Therefore a recommendation by P&Z is sought at this time.
--------------------------------
STAFF COMMENTS: Staff considered appropriate zoning for this
parcel and determined that Open Space would offer adequate
protection to limit development. The purpose of the OS zone is to
"preserve, protect and enhance lesser developed or undeveloped
areas within the City containing unique naturally occurring or
manmade landscape features which provide visual relief and
enjoyment while reflecting or representing community artistic or
architectural statements. Development on the Open Space (OS) zone
district should emphasize and be consistent with the natural
dynamic state of the land and minimize disruption of existing
natural conditions. "
Permitted uses for the OS zone are:
1) Paved and unpaved walkways
2) benches
3) sculpture
1
4) water features such as ponds, streams, or fountains
5) architectural lighting and downcast low-illumination lighting
for walkways and trails
6) sculptured or manicured landscape features
7) fencing
conditional uses: none
The limitations of the OS zone will preclude the golf course from
building any structures on the property. Staff originally
considered the Park zone district or the Golf Course Overlay
designation, but these allowed a host of structures as permitted
or conditional uses such as recreation building, sport shop,
restaurant facility, maintenance buildings, conference facilities,
active recreation facilities such as tennis courts and swimming
pools, housing, parking lots and lodge. These are clearly
undesirable at this location from staff's perspective given the
fact that the property was originally purchased with open space
funds.
May Amendment for Rezoning to Open Space (OS) :
Pursuant to Section 24-7-1102 the standards of review for an
amendment to the Official Zone District Map are as follows:
A. Whether the proposed amendment is in conflict with any
applicable portions of this chapter.
RESPONSE: There are no conflicts with the zoning code. A parcel
is required to be zoned by the City within 90 days of annexation.
B. Whether the proposed amendment is consistent with all
elements of the Aspen Area Comprehensive Plan.
RESPONSE: The Aspen Area Community Plan has set forth the policy
to "preserve key open space parcels which help to establish the
character of the Aspen Area" . While this site was not specifically
identified in the Plan, this OS rezoning proposal will strictly
preclude any structures on the property.
C. Whether the proposed amendment is compatible with
surrounding Zone Districts and land uses, considering existing
land use and neighborhood characteristics.
RESPONSE: The surrounding county zoning is AF-2 PUD on the south,
west and north, and AF-1 to the east. The Maroon Creek development
surrounds this site on two sides. Other adjacent properties are
larger acreage residential parcels, also in the county. The OS
zone will limit development according to the permitted use list
which does not include structures.
The Highway 82 right-of-way is included in a portion of this
2
rezoning. However, staff interprets the right-of-way as a pre-
existing condition with little bearing on the rezoning effort.
D. The effect of the proposed amendment on traffic generation
and road safety.
RESPONSE: The development of the Zoline open space parcel as part
of the Maroon Creek Club locks in this use for the next 90 plus
years. The site itself will not be specifically responsible for
traffic generation above and beyond the golf course. If this use
ceases however, the OS zone will maintain the site in an open,
green state, not subject to radical use alternatives.
E. Whether and the extent to which the proposed amendment
would result in demands on public facilities, and whether and
the extent to which the proposed amendment would exceed the
capacity of such public facilities, including but not limited
to transportation facilities, sewage facilities, water supply,
parks, drainage, schools, and emergency medical facilities.
RESPONSE: The Maroon Creek development is providing water and
drainage utilities necessary for the site. Without structures,
this site will place little demand on transit, schools and medical
facilities.
F. Whether and the extent to which the proposed amendment
would result in significantly adverse impacts on the natural
environment.
RESPONSE: After completion of the golf course, the site will
remain green and maintained. Per the permitted uses, there will
be few alternatives for the property which could be considered
environmentally detrimental.
G. Whether the proposed amendment is consistent and
compatible with the community character in the City of Aspen.
RESPONSE: The proposed OS zone allows the entry to Aspen to remain
free from typical development. This use is consistent with the
Aspen Golf Course property across the Maroon Creek Bridge, as well
as the remainder of the Maroon Creek golf facilities across Highway
82 .
H. Whether there have been changed conditions affecting the
subject parcel or the surrounding neighborhood which support
the proposed amendment.
RESPONSE: As mentioned earlier, a parcel being annexed in to the
City must receive City zoning within 90 days.
I. Whether the proposed amendment would be in conflict with
the public interest, and is in harmony with the purpose and
3
intent of this chapter.
RESPONSE: The OS zone offers the public the best protection for
this parcel to remain in a less developed state versus the Park or
Golf Course Overlay zones. Staff believes that the proposal is in
harmony with the land use regulations.
RECOMMENDATION: Planning staff recommends approval of the rezoning
of the Zoline open space parcel and highway right-of-way to Open
Space (OS) upon annexation.
RECOMMENDED MOTION: "I move to recommend approval of zoning the
Zoline open space parcel and highway right-of-way to Open Space
(OS) upon annexation into the City. "
EXHIBITS
A - Map of Annexation Area
4
a �
L
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,�` •'�r';,�a)`•` `,^CYn CV;�4.a<lw`'v)�`t^
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P! t k i n -Count y
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C i t y of Asp e
< 1 SOUTH QUARTER COINER OF S TI ON 2
BUREAU OF LAND M.INAGENENT BRASS CAP
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PUBLIC NOTICE
RE: ZOLINE OPEN SPACE AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP
OF THE CITY OF ASPEN
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, July 19, 1994 at a meeting to begin at 4 : 30 p.m. before
the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room,
City Hall, 130 S. Galena, Aspen, CO to consider an application
submitted by the City of Aspen, 130 S. Galena St. , Aspen, CO to
rezone the Zoline Open Space Parcel from AF-2 PUD in the County,
to OS, Open Space, in the City. Property description: an
approximately 57 . 15 acre parcel of land in Sections 2 and 11,
Township 10 South, Range 85 West of the 6th P.M. For further
information, contact Leslie Lamont at the Aspen/Pitkin Planning
Office, 130 S. Galena St. , Aspen, CO 920-5101
s/Bruce Kerr, Chairman
Aspen Planning and Zoning Commission
Published in the Aspen Times on July 1, 1994
City of Aspen Account
ASPEN•PITKIN
October 20, 19 9 4 PLANNING&ZONING DEPARTMENT
Mr. Joseph T. Zoline
900 Stage Road
Aspen, CO 81611
Dear Mr. Zoline; '
I have' received your note with the . September 26, 1994. Council
agenda and the Secured Non-Recourse Promissory Note. I have passed
. on the Promissory Note to the City Attorney for their review. They
have indicated to me that the recent rezoning action does not
violate the Promissory Note.
I will log you information in the file. Sorry you missed the
public hearing.
Si cerely,
Leslie Lamont, ' Deputy Director
130 SOUTH GALENA STREET ASPEN,COLORADO 81611 PHONE 303.920.5090 FAx 303.920.5197 .
Ninred nn receded pacer
AGENDA
September 26, 1994
5:00 COUNCIL MEETING
I. Call to order `~V
II. Roll call
III. Scheduled Public Appearances - �
a
IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues
NOT on the agenda. Please limit your comments to 3 minutes) `
V. Special Orders of the day
a) Mayor's comments
b) Councils nembers' comments
ime�its
c) City Manager's comments
VI. Consent Calendar (These matters may be adopted together by a single motion)
a) Resolution #73, 1994 - Digger Dooger Contract
b) East End Improvements
e) Resolution #74, 1994 - Golf Course Pro-shop contract
c) Resolution #75, 1994 - Contract - Aspen Mtn. water tank drain
d) Ordinance #55, 1994 - Krabacher GMQS Exemption
e) Ordinance #56, 1994 - Chapter 24 Land Use general code amendments
VII. Public Hearings
a) Ordinance # 44, 1994 - Appropriations
b) Ordinance # 37, 1994 - Poppies Landmark Designation 834 W. Hallam
C) Ordinance # 34, 1994 - Poppies Bistro Cafe - Rezoning, GMQS & vested rights
834 W. Hallam
d) Ordinance #47, 1994 - Zoline rezoning (to be tabled to 10-11-94)
VIII. Action Items
a) Ordinance #52, 1994 - Williams Ranch Subdivision/PUD final development plan
b) Request for funding - Aspen Theatre
C) Ordinance #54, 1994 - Chapter 24 and Use GMQS code amendments
IX Information Items
a) Public Meeting on Smoking in Aspen
b)
IX. Adjournment
Next Regular Meeting
COUNCIL MEETS AT NOON FOR AN INFORMAL PUBLIC DISCUSSION, 2ND FLOOR MEETING
ROOM
August 10, 1994
Mr. Zoline
900 Stage Road
Aspen, Colorado 81611
RE: Rezoning the Zoline Public Open Space Parcel
Dear Mr. Zoline,
Per your inquiry at the July 19, 1994 Planning and Zoning
Commission meeting about chain of title regarding the open space
parcel that you sold to the City of Aspen, I have asked the City
Attorney to research your questions. As I understand your points
that you expressed at the meeting, the money that the City pays for
the parcel is deposited into a family trust and you are concerned
that if the City were to default on payments and the property
reverted back to the family trust the property has been rezoned to
open space which allows very little activity.
The City Attorney, John Worcester, was very interested in your
inquiry. Please find attached his response. I have also passed
along this response to the Planning and Zoning Commission. The
Commission will resume review of the rezoning at their August 16,
1994 meeting at 4 : 30 pm.
Sincerely,
Leslie Lamont, Interim Planning Director
RESOLUTION NO. -44
(Series of 1994)
A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, RELATIVE TO THE
PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COMMONLY
KNOWN AS HIGHWAY 82 - CITY/ZOLINE OPEN SPACE ANNEXATION"; FINDING
SUBSTANTIAL COMPLIANCE WITH SECTION 31-12-107(1), C.R.S.; ESTABLISHING A
DATE, TIME, AND PLACE FOR A PUBLIC HEARING TO DETERMINE COMPLIANCE
WITH SECTIONS 31-12-104 AND 31-12-105, C.R.S.; AUTHORIZING PUBLICATION OF
NOTICE OF SAID HEARING; AND AUTHORIZING THE INSTITUTION OF ZONING
PROCEDURES FOR LAND IN THE AREA PROPOSED TO BE ANNEXED.
WHEREAS, on June 8, 1994, the City Manager of the City of Aspen and the Department
of Transportation, State of Colorado, did file with the City Clerk of the City of Aspen a Petition
for Annexation of territory to the City of Aspen, whereby real property described in Exhibits
"A" and "B" appended to the Petition for Annexation, is being petitioned for annexation to the
City of Aspen; and
WHEREAS, the City Clerk of the City of Aspen has referred the aforesaid petition as
a communication to the City Council for appropriate action to determine if the petition is
substantially in compliance with Section 31-12-107, C.R.S.; and
WHEREAS, the petition, including accompanying copies of an annexation map, has been
reviewed by the City Attorney's Office and the City Engineer and found by them to contain the
information prescribed and set forth in paragraphs (c) and (d) of subsection (1) of Section 31-12-
107, C.R.S.; and
WHEREAS, the petition has been signed by the owners of one hundred percent (100%)
of the area proposed to be annexed; and
WHEREAS, Section 31-12-107(1)(g), C.R.S., mandates that the City of Aspen initiate
A
annexation proceedings in accordance with Sections 31-12-108 to 31-12-110, C.R.S., whenever
a petition is filed pursuant to subsection (1) of Section 31-12-107, C.R.S.
i
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1
That the Petition for Annexation of territory to the City of Aspen submitted by the City
Manager of the City of Aspen and the Department of Transportation, State of Colorado, a copy
of which is annexed hereto and incorporated herein by this reference, is hereby found and
determined to be in substantial compliance with the provisions of subsection (1) of Section 31-
12-107, C.R.S.
Section 2
That the City Council hereby determines that it shall hold a public hearing to determine
if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and to
g
establish whether or not said area is eligible for annexation pursuant to the Municipal Annexation
P
A
Act of 1965, as amended; said hearing to be held at a regular meeting of the City Council of
the City of Aspen at 5:00 o'clock p.m. on the 25th of July, 1994, in Council Chambers at City
Hall, 130 S. Galena, Aspen, Colorado 81611. (A date which is not less than thirty days nor
more than sixty days after the effective date of this resolution).
Section 3
That the City Clerk shall give public notice as follows: A copy of this resolution shall
constitute notice that, on the given date and at the given time and place set by the City Council,
the City Council shall hold a hearing upon said resolution of the City of Aspen for the purpose
of determining and finding whether the area proposed to be annexed meets the applicable
requirements of Sections 31-12-104 and 31-12-105, C.R.S., and is considered eligible for
annexation. Said notice shall be published once a week for four consecutive weeks in a
newspaper of general circulation in the area proposed to be annexed. The first publication of
z
1k
such notice shall be at least thirty days prior to the date of the hearing. The proof of publication
of the resolution shall be returned when the publication is completed, and the cerificate of the
owner, editor, or manager of the newspaper in which said notice is published shall be proof
thereof. A copy of the resolution and petition as filed, shall also be sent by registered mail by
the clerk to the Pitkin County Board of County Commissioners and to the County Attorney of
Pitkin County and to the Aspen School District at least twenty days_prior to the date fixed for
such hearing.
Section 4
That pursuant to Section 31-12-115, C.R.S., the City Manager is hereby directed to
initiate appropriate zoning procedures with regard to the territory proposed to be annexed.
Section 5
That pursuant to Section 31-12-108.5, C.R.S., the City Manager is hereby directed to
prepare an impact report concerning the proposed annexation at least twenty-five days before the
date of the hearing established hereinabove and shall cause to be filed one copy with the Pitkin
A
County Board of County Commissioners within five days thereafter.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on
the day of 1994.
John S. Bennett, Mayor
3
PETITION FOR ANNEXATION
"Highway 82 - City/Zoline Open Space Annexation"
WHEREAS, the City of Aspen is the owner of certain real property located in an
unincorporated area of Pitkin County, Colorado, commonly referred to as the City/Zoline
Open Space, more particularly described in Exhibit "A" attached hereto and incorporated
herein by this reference; and
WHEREAS, the'City of Aspen desires to annex said real property to the City of
Aspen; and
WHEREAS, the City Manager of the City of Aspen has requested annexation of real
property owned by the Department of Transportation, State of Colorado, comprising a
portion of State Highway 82 adjoining the City of Aspen, Pitkin County, Colorado, more
particularly described in Exhibit "B" attached hereto and incorporated herein by reference, to
the City of Aspen; and
WHEREAS, the City Manager of the City of Aspen in accordance with the Depart-
ment of Transportation's Procedural Directive No. 1303.1, dated January 1, 1990, entitled
"Annexation of Department Land to City and Town", has submitted to the Regional
Transportation Director, Region Three, Department of Transportation, State of Colorado, a
petition package in conformance with the Municipal Annexation Act of 1965, including the
within Petition for Annexation; and
WHEREAS, the Regional Transportation Director, Region Three, Department of
Transportation, State of Colorado, has checked the accuracy of the map accompanying this
petition and the legal description of the real property proposed to be annexed; and
WHEREAS, the Staff Right-of-Way Manager of the Department of Transportation,
State of Colorado, has reviewed the Petition for Annexation and has determined that
annexation of the proposed real property would not adversely affect any rights of the State of
Colorado relative to the availability of water or sewer services; and
WHEREAS, the Staff Right-of-Way Manager of the Department of Transportation,
State of Colorado, has determined that the proposed area to be annexed includes the full
width of the right-of-way, that the City of Aspen has agreed to assume responsibility for
traffic law enforcement within the annexed area, and that there is no special improvement
district for which taxes or special assessments would apply; and
WHEREAS, the Chief Engineer of the Department of Transportation, State of
Colorado, has reviewed the petition package, the recommendations of the Regional Transpor-
tation Director and the Staff Right-of-Way Manager, and being fully advised in the premises
has determined that it is in the best interests of the Department of Transportation, State of
Colorado, and the people of the State of Colorado to execute this Petition for Annexation.
NOW, THEREFORE, the undersigned on behalf of the City of Aspen and the
Department of Transportation, State of Colorado, and in accordance with Article 12, Chapter
31, C.R.S. as amended, hereby petition the City Council of the City of Aspen, Colorado, for
annexation to the City of Aspen the unincorporated real property more particularly described
below, to be known as "Highway 82 - City/Zoline Open Space Annexation", and in support
of said Petition, your petitioners allege that:
1. It is desirable and necessary that the territory described in Exhibits "A" and
"B" attached hereto and incorporated herein by reference be annexed to the City of Aspen,
Colorado.
2. Not less than one-sixth (1/6) of the perimeter of the area proposed to be
annexed is contiguous with the City of Aspen, Colorado.
3. A community of interest exists between the territory proposed to be annexed
and the City of Aspen, Colorado.
4. The territory proposed to be annexed is urban or will be urbanized in the near
future.
5. The territory proposed to be annexed is integrated or is capable of being
integrated with the City of Aspen.
6. The signatures on the Petition comprise one hundred percent (100%) of the
landowners of the territory to be included in the area proposed to be annexed and said
landowners attesting to the facts and agreeing to the conditions herein contained will negate
the necessity of an annexation election.
7. No part of the territory to be annexed is more than three (3) miles from a
point on the municipal boundary, as such was established less than one year from the date of
this Petition.
8. The proposed annexation will not result in the detachment of area from any
school district.
9. The mailing address of each signer, the legal description of the land owned by
the signer as legal representative of the owner, and the date of signing of each signature are
all shown on this Petition.
2
10. Attached to this Petition as Exhibit "C"C and
by this reference incorporated
herein is an annexation map containing the information required by Section 31-12-107(1)(d),
C.R.S., -
11. The territory to be annexed is not presently a part of any incorporated city,
city and county, or town.
i
Dated: - a ' G
City anager,
Cit f Aspen
130 S. Galena St.
Aspen, Colorado 81611
Dated: A ar' I.S 11 9
1
Chi f Engineer,
Department of Transportatio State of Colorado
4201 East Arkansas Avenue
Denver, Colorado 80222
Dated: Y-i
Chief Clerk
Department of Transportation, State of Colorado
4201 East Arkansas Avenue
Denver, Colorado 80222
3
i'
.a
MEMORANDUM
To: John Worcester, City Attorney r
Thru: Bob Gish, Public Works Director
From: Chuck Roth, City Engineer
Date: November 3, 1993
Re: Zoline Annexation
Attached please find the materials that I understand to be necessary from the Engineering
Department to pursue the annexation of the City Owned Zoline Property and portions of
Highway 82. The materials and their contents respond to your memo to Amy of June
14, 1993. The Annexation Impact Report has not been routed to any other City
department for comments. Please advise if this should be done prior to forwarding the
Report to the BOCC.
The items are as follows:
(1) Letter from Amy to Colorado Department of Transportation requesting that
they sign annexation petition for a portion of Highway 82. (last line first page
"They will require a complete annexation package to review....")
(2) Letter from Amy to the Pitkin County Board of County Commissioners
conveying the required Annexation Impact Report
(3) Annexation Impact Report (Bob and I'will sign it after your approval)
Not included with the attached materials are:
(1) A zoning or rezoning application. If the Planning Office is unable to provide
the application, I am willing to do so.
(2) A copy of a draft or final pre-annexation agreement as noted on page 3 of
your memo, item (2). Is one needed or desired? In the Annexation Impact
Report, I stated that there is no pre-annexation agreement.
M93.2S7
November 1993
Mr. Robert P. Moston, District Engineer
Colorado Department of Transportation
222 South Sixth Street, Room 317
Grand Junction, Colorado 81501-7254
Re: Annexation of City Owned Zoline Property &,Portion of
State Highway 82
Dear Mr. Moston:
As you may know, the City is interested in annexing the City owned Zoline Property and
a portion of State Highway 82.
The statutory requirement for contiguity of the area to be annexed is a minimum of one-
sixth. The contiguity in this case is bout 25%.
A copy of the annexation impact report is hereby provided to you as required by CDOT
procedural directive for participating in annexations.
The annexation petition is also attached. Please be so kind at to sign the petition and
return it to me at your earliest convenience.
If you have any questions, please do not hesitate to contact me at 920-5205.
Thank you.
Sincerely,
Amy L. Margerum
City Manager
L93.100
Annexation Impact Report
Prepared by: City of Aspen
Robert F. Gish, Public Works Director
Charles E. Roth III, P.E., City Engineer
Area to be annexed: The City owned open space Zoline
Parcel and a portion of State
Highway 82
1. Annexation Map
Please refer to the attached annexation map which shows the following required
information:
(a) The present and proposed boundaries of the municipality in the vicinity
of the annexation; and
(b) the present streets. (There are no proposed extensions of streets into
the area to be annexed.)
The annexation map does not show major trunk water mains, sewer interceptors, other
utility lines and ditches or any proposed extensions of such utility lines because the area
to be annexed is a golf course that is presently under construction.
2. Pre-annexation Agreement
There is no pre-annexation agreement-. -
3. Extensions of Municipal Services
(A statement setting forth the plans of the municipality for extending to or
otherwise providing for, within the area to be annexed, municipal services
performed by or on behalf of the municipality at the time of annexation)
The golf course project is scheduled to be served by City of Aspen municipal water,
Aspen Consolidated Sanitation District sanitary sewer, Holy Cross Electric Association,
Rocky Mountain Natural Gas, U.S. West Communications (telephone), and
TeleCommunications (cable television). Law enforcement will be provided by the City of
Aspen Police Department. The area to be annexed is located within the Aspen Fire
Protection District, and fire suppression is by the Aspen Volunteer Fire Department..
4. Financing City Service Extensions
(A statement setting forth the method under which the City of Aspen plans
to finance the extension of the City's services into the area to be annexed)
All utility extensions into the area to be annexed will be in conjunction with the golf
course development and will be paid for by the developer. Law enforcement service
extension costs are anticipated to be negligible and will be absorbed by the City of Aspen
General Fund.
5. Existing Districts
(A statement identifying existing districts within the area to be annexed)
The area to be annexed is currently located within Pitkin County Tax District Number 7.
Annexation of the area will result in a change of districts to Pitkin county Tax District
Number 1.
District No. 7 District No. 1
General General
Road & Bridge Road & Bridge
Social Service Social Service
Open Space & Trails Open Space & Trails
Colo Mtn College Colo Mtn College
Colo River Cons Colo River Cons
Housing G.O. Bonds Housing G.O. Bonds
Aspen Fire City of Aspen
Aspen Valley Hospital Aspen Fire
Library Fund Aspen Valley Hospital
Ambulance District Aspen Consolidated San
Aspen Sch Distr - Gen'1 Library Fund
Aspen Sch Distr - Bond Ambulance District
Aspen Sch Distr - Gen'1
Aspen Sch Distr - Bond
6. Effect on School District
(A statement on the effect of annexation upon local public school district
systems, including the estimated number of students generated and the
capital construction required to educate such students)
The area to be annexed is already within the Aspen School District.
M9}.253
1
PETITION FOR ANNEXATION
"Highway 82 - Zoline Open Space Annexation"
WHEREAS, the City of Aspen is the owner of certain real property located in an
unincorporated area of Pitkin County, Colorado, commonly referred to as the Zoline Open
Space, more particularly described in Exhibit "A" attached hereto and incorporated herein by
this reference; and
WHEREAS, the City of Aspen desires to annex said real property to the City of
Aspen; and
WHEREAS, the City Manager of the City of Aspen has requested annexation of real
property owned by the Colorado Department of Transportation comprising a portion of State
Highway 82 adjoining the City of Aspen, Pitkin County, Colorado, more particularly
described in Exhibit "B" attached hereto and incorporated herein by reference, to the City of
Aspen; and
WHEREAS, the City Manager of the City of Aspen in accordance with the Depart-
ment of Transportation's Procedural Directive No. 1303.1, dated January 1, 1990, entitled
"Annexation of Department Land to City and Town", has submitted-to the Regional
Transportation Director, Region Three, Colorado Department of Transportation, a petition
package in conformance with the Municipal Annexation Act of 1965, including the within
Petition for Annexation; and
WHEREAS, the Regional Transportation Director, egion Three, Colorado
Department of Transportation, has checked the accuracy the map accompanying this
petition and the legal description of the real property prop sed to be annexed; and
WHEREAS, the Staff Right-of-Way Manager of the Colorado Department of
Transportation has reviewed the Petition for Annexation and has determined that annexation
of the proposed real property would'not adversely affect any rights of the State of Colorado
relative to the availability of water or sewer services; and-
WHEREAS, the Staff Right-of-Way Manager of the Colorado Department of
Transportation has determined that the proposed area 'to be annexed includes the full width of
the right-of-way, that the City of Aspen has agreed to assume responsibility for traffic law
enforcement within the annexed area, and that there is no special improvement district for
which taxes or special assessments would apply; and
WHEREAS, the Chief Engineer of the Colorado Department of Transportation has
reviewed the petition package., the recommendations of the Regional Transportation Director
and the Staff Right-of-Way Manager, and being fully advised in the premises has determined
that it is in the best interests of the Colorado Department of Transportation and the people of
the State of Colorado to execute this Petition for Annexation.
i
NOW, THEREFORE, the undersigned on behalf of the City of Aspen and the
Colorado Department of Transportation and in accordance with Article 12, Chapter 31,
C.R.S. as amended, hereby petition the City Council of the City of Aspen, Colorado, for
annexation to the City of Aspen the unincorporated real property more particularly described
below, to be known as "Highway 82 - Zoline Open Space Annexation", and in support of
said Petition, your petitioners allege that:
1. It is desirable and necessary that the territory described in Exhibits "A" and
"B" attached hereto and incorporated herein by reference be annexed to the City of Aspen,
Colorado.
2. Not less than one-sixth (1/6) of the perimeter of the area proposed to be
annexed is contiguous with the City of Aspen, Colorado.
3. A community of interest exists between the territory proposed to be annexed
and the City of Aspen, Colorado.
4. The territory proposed to be annexed is urban or will be urbanized in the near
future.
5. The territory proposed to be annexed is integrated or is capable of being
integrated with the City of Aspen.
6. The signatures on the Petition comprise one hundred percent (100%) of the
landowners of the territory to be included in the area proposed to be annexed and said
landowners attesting to the facts and agreeing to the conditions herein contained will negate
the necessity of an annexation election.
7. No part of the territory to be annexed is more than three (3) miles from a
point on the municipal boundary, as such was established less than one year from the date of
this Petition.
8. The proposed annexation will not result in the detachment of area from any
school district.
9. The mailing address of each signer, the legal descriptio of the land owned by
the signer as legal representative of the owner, and the date of signing of each signature are
all shown on this Petition.
2
10. Attached to this Petition as Exhibit "C" and by this reference incorporated
herein is an annexation map containing the information required by Section 31-12-107(1)(d),
C.R.S.,'
11. The territory to be annexed is not presently a part of any incorporated city,
city and county, or town.
Dated:
City Manager,
City of Aspen
130 S. Galena St.
Aspen, Colorado 81611
Dated: _
Chief Engineer,
Colorado Department of Transportation
4201 East Arkansas Avenue
Denver, Colorado 80222
z"it"c.a,n
3
November 1993
Board of County Commissioners
Pitkin County
506 East Main Street
Aspen, Colorado 81611
Re: Annexation of City Owned Zoline Property & Portion of
State Highway 82
Dear Commissioners:
As you may know, the City is interested in annexing the City owned Zoline Property and
a portion of State Highway 82.
The statutory requirement for contiguity of the area to be annexed is a minimum of one-
sixth. The contiguity in this case is bout 25%.
The annexation impact report is hereby provided to you as required by state statute.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Amy L. Margerum
City Manager
L93.99
Annexation Impact Report
r
Prepared by: City of Aspen
Robert F. Gish, Public Works Director
Charles E. Roth III, P.E., City Engineer
Area to be annexed: The City owned open space Zoline
Parcel and a portion of State
Highway 82
.l. Annexation Map
Please refer to the attached annexation map which shows the following required
information:
(a) The present and proposed boundaries of the municipality in the vicinity
of the annexation; and
(b) the present streets. (There are no proposed extensions of streets into
the area to be annexed.)
The annexation map does not show major trunk water mains, sewer interceptors, other
utility lines and ditches or any proposed extensions of such utility lines because the area
to be annexed is a golf course that is presently under construction.
2. Pre-annexation Agreement
There is no pre-annexation agreement.
3. Extensions of Municipal Services
(A statement setting forth the plans of the municipality for extending to or
otherwise providing for, within the area to be annexed, municipal services
performed by or on behalf of the municipality at the time of annexation)
The golf course project is scheduled to be served by City of Aspen municipal water,
Aspen Consolidated Sanitation District sanitary sewer, Holy Cross Electric Association,
Rocky Mountain Natural Gas, U.S. West Communications (telephone), and
TeleCommunications (cable television). Law enforcement will be provided by the City of
Aspen Police Department. The area to be annexed. is located within the Aspen Fire
Protection District, and fire suppression is by the Aspen Volunteer Fire Department.
4. Financing City Service Extensions
(A statement setting forth the method under which the'City of Aspen plans
to finance the extension of the City's services into the area to be annexed)
All utility extensions into the area to be annexed will be in conjunction with the golf
course development and will be paid for by the developer. Law enforcement service
extension costs are anticipated to be negligible and will be absorbed by the City of Aspen
General Fund.
5. Existing Districts
(A statement identifying existing districts within the area to be annexed)
i
The area to be annexed is currently located within Pitkin County Tax District Number 7.
Annexation of the area will result in a change of districts to Pitkin county Tax District
Number 1.
District No. 7 District No. 1
General General
Road & Bridge Road & Bridge
Social Service Social Service
Open Space & Trails Open Space & Trails
Colo Mtn College Colo Mtn College
Colo River Cons Colo River Cons
Housing G.O. Bonds Housing G.O. Bonds
Aspen Fire City of Aspen
Aspen Valley Hospital Aspen Fire
Library Fund Aspen Valley Hospital
Ambulance District Aspen Consolidated San
Aspen Sch Distr - Gen'1 Library Fund
Aspen Sch Distr - Bond Ambulance District
Aspen Sch Distr - Gen'1
Aspen Sch Distr - Bond
6. Effect on School District
(A statement on the effect of annexation upon local public school district
systems, including the estimated number of students generated and the
capital construction required to educate such students)
The area to be annexed is already within the Aspen School District.
Mo}.�s3
f
DEC
char'
THE CITY OF ASPEN
OFFICE OF THE CITY ATTORNEY
December 21, 1993
Mr. Robert P. Moston, District Engineer
Colorado Department of Transportation
222 South Sixth Street, 'Room 317
Grand Junction, Colorado 81501-7254
Re: Annexation of Highway 82 -- Ci.ty/Zoline Open Space to the
City of Aspen
Dear Mr. Moston:
This is to request that CDOT join the City of Aspen in fili.n(j
petition for annexation .of certain property, including portions
of State Highway 82 , to. the City Council of the City of Asper..
Enclosed please find a Petition for Annexation, legal descrip-
tions of the property proposed to be annexed, and an annexation
map.
It is my understanding that in accordance with CDOT ' s procedural
directive number 1303 . 1 entitled "Annexation of Department Land
. to City and Town" that the Department' s Chief Engineer and S1. �ff
Right-of-Way Manager will need to approve the petition. Plea;
<-e
note that the proposed annexation will include the full width )f'
the right-of-way and that the City of Aspen will assume the
responsibility for all traffic enforcement within the annexed
area.
If you have any questions regarding this matter please give a
call . Thank you for your cooperation and attention to this
matter.
Sin rely,
Amy Li gerum
City er
ALM/mc
Enc.
jw1220 . 1
130 SOUTH GALENA STREET AsEEN,CoEORAOO 81611 PHmE 363.920.5055 FAx 303.920.5119
Letter to Mr. Robert P. Moston
December 21, 1993
Page 2
cc: Ralph Trapani
Director, Mount Sopris Project
John P. Worcester, City Attorney
Chuck Roth, City Engineer
Diane Moore, City Planning Director
PETITION FOR ANNEXATION
"Highway 82 - City/Zoline Open Space Annexation"
WHEREAS, the City of Aspen is the owner of certain real property located in an
unincorporated area of Pitkin County, Colorado, commonly referred to as the City/Zoline
Open Space, more particularly described in Exhibit "A" attached hereto and incorporated
herein by this reference; and
WHEREAS, the City of Aspen desires to annex said real property to the City of
Aspen; and
WHEREAS, the City Manager of the City of Aspen has requested annexation of real
property owned by the Colorado Department of Transportation comprising a portion of State
Highway 82 adjoining the City of Aspen, Pitkin County, Colorado, more particularly
described in Exhibit "B" attached hereto and incorporated herein by reference, to the City of
Aspen; and
WHEREAS, the City Manager of the City of Aspen in accordance with the Depart-
ment of Transportation's Procedural Directive No. 1303.1, dated January 1, 1990, entitled
"Annexation of Department Land to City and Town", has submitted to the Regional
Transportation Director, Region Three, Colorado Department of Transportation, a petition
package in conformance with the Municipal Annexation Act of 1965, including the within
Petition for Annexation; and
WHEREAS, the Regional Transportation Director, Region Three, Colorado
Department of Transportation, has checked the accuracy of the map accompanying this
petition and the legal description of the real property proposed to be annexed; and
WHEREAS, the Staff Right-of-Way Manager of the Colorado Department of
Transportation has reviewed the Petition for Annexation and has determined that annexation
of the proposed real property would not adversely affect any rights of the State of Colorado
relative to the availability of water or sewer services; and
WHEREAS, the Staff Right-of-Way Manager of the Colorado Department of
Transportation has determined that the proposed area fo be annexed includes the full width of
the right-of-way, that the City of Aspen has agreed to assume responsibility for traffic law
enforcement within the annexed area, and that there is no special improvement district for
which taxes or special assessments would apply; and
WHEREAS, the Chief Engineer of the Colorado Department of Transportation has
reviewed the petition package, the recommendations of the Regional Transportation Director
and the Staff Right-of-Way Manager, and being fully advised in the premises has determined
that it is in the best interests of the Colorado Department of Transportation and the people of
the State of Colorado to execute this Petition for Annexation.
NOW, THEREFORE, the undersigned on behalf of the City of Aspen and the
Colorado Department of Transportation and in accordance with Article 12, Chapter 31,
C.R.S. as amended, hereby petition the City Council of the City of Aspen, Colorado, for
annexation to the City of Aspen the unincorporated real property more particularly described
below, to be known as "Highway 82 - City/Zoline Open Space Annexation", and in support
of said Petition, your petitioners allege that:
1. It is desirable and necessary that the territory described in Exhibits "A" and
"B" attached hereto and incorporated herein by reference be annexed to the City of Aspen,
Colorado.
2. Not less than one-sixth (1/6) of the perimeter of the area proposed to be
annexed is contiguous with the City of Aspen, Colorado.
3. A community of interest exists between the territory proposed to be annexed
and the City of Aspen, Colorado.
4. The territory proposed to be annexed is urban.or will be urbanized in the near
future.
5. The territory proposed to be annexed is integrated or is capable of being
integrated with the City of Aspen.
6. The signatures on the Petition comprise one hundred percent (100%) of the
landowners of the territory to be included in the area proposed to be annexed and said
landowners attesting to the facts and agreeing to the conditions herein contained will negate
the necessity of an annexation election.
7. No part of the territory to be annexed is more than three (3) miles from a
point on the municipal boundary, as such was established less than one year from the date of
this Petition.
8. The proposed annexation will not result in the detachment of area from any
school district.
9. The mailing address of each signer, the legal description of the land owned by
the signer as legal representative of the owner, and the date of signing of each signature are
all shown on this Petition.
2
10. Attached to this Petition as Exhibit "C" and by this reference incorporated
herein is an annexation map containing the information required by Section 31-12-107(1)(d),
C.R.S.,
11. The territory to be annexed is not presently a part of any incorporated city,
city and county, or town.
Dated:
City Manager,
City of Aspen
130 S. Galena St.
Aspen, Colorado 81611
Dated:
Chief Engineer,
Colorado Department of Transportation
4201 East Arkansas Avenue
Denver, Colorado 80222
zolinc.ann
3
ANNEXATION DESCRIPTION
A parcel of and in Sections 2 and 11, Township 10 South, Range 85
West of the Sixth Principal Meridian, Pitkin County, Colorado.
The parcel being more fully described as follows:
Beginning at a point whence the South Quarter Corner
of Section 2 , a 1954 Bureau of Land Management Brass
Cap monument bears S 40 031102" E, 397 . 79 feet; thence
S 00°58 - 04" W, 964 . 49 feet to the northerly right-of-
way of Colorado State Highway No. 82 ; thence easterly
along said northerly right-of-way (according to the
Colorado Depart of Highways Map for Project No. 2012-B)
the following S 60 051 ' E, 158 . 83 feet to the
southwesterly Corner of the Open Space Annexation No.
1, to the City of Aspen, as recorded in the Pitkin
County records; thence continuing easterly along said
northerly right-of-way and the southerly boundary of
said Annexation S 60 051 ' E, 924 . 25 feet to the
beginning of a curve to the right, the arc length being
661. 39 feet, the radius being 2915 . 00 feet, (the long
chord for said curve bears S 54 021 ' E, 659 . 97 feet) ;
thence S 47 051 ' E, 1702 . 30 feet to a Colorado State
Highway monument, (the East Quarter Corner of Section
11, Township 10 South, Range 85 West of the Sixth
Principal Meridian bears N 89 051120" E, 202 . 44 feet) ;
thence S 48 012142" E, 132 . 06 feet to the beginning of a
non-tangent curve to the left, the arc length being
56 . 03 feet, the radius being 1096. 00 feet, (the long
chord for said curve bears S 42 021108" E, 56 . 02 feet) ;
thence departing the northerly right-of-way and
southerly Annexation boundary S 39 011 ' W, 100 . 00 feet
on a radial line to the southerly Highway right-of-way
and the northerly corner of the City Thomas Property
Annexation as recorded in Plat Book 14 at page 26 of
the Pitkin County records; thence westerly along said
southerly right-of-way and departing said Annexation
along a non-tangent curve to the right, the arc length
being 61. 14 feet, the radius being 1196. 00 feet, (the
long chord for said curve bears N 42 021108" W, 61. 13
feet) ; Thence N 48 012142" W, 132 . 06 feet; thence N
47°51 ' W, 1702 . 30 feet to the beginning of a curve to
the left, the arc length being 638 , 70 feet, the radius
being 2815. 00 feet, (the long chord for said curve
bears N 54 021 ' W, 637 . 33 feet) ; thence N 60 051 ' W,
1823 . 89 feet to the beginning of a curve to the right,
the arc length being 719 . 81 feet, the radius being
5780 . 00 feet, (the long chord for said curve bears N
57°17135" W, 719 . 34 feet) ; thence departing the south
highway right-of-way N 36 016129" E, 100. 00 feet to a
point on the northerly Highway right-of-way; thence N
00°58104" E, 226 . 41 feet along the westerly boundary of
Lot 21 in Section 2 , Township 10 South, Range 85 West
of the Sixth Principal Meridian; thence N 02 028104" E,
1308 . 04 feet along said Lot 21 and Lot 17 ' s westerly
boundary to the southerly right-of-way of the Pitkin
County Road No. 12-A; thence departing said westerly
Lot boundary S 85 042133" E, along said County Road
right-of-way 7 . 72 feet; thence continuing along said
southerly right-of-way N 88 000139" E, 857 . 50 feet;
thence S 07 016109" W, 763 . 01 feet; thence S 36 021142"
E, 725 . 00 feet more or less to the point of Beginning.
Containing 57. 15 Acres, more or less. .
This description was written by Louis H. Buettner, LS 13166 .
0040 W. Sopris Creek Road, Basalt, Colorado
r
EXTHBTT "A"
CITYJZOLINE OPEN SPACE DESCRIP'T'ION
A parcel of land situated in Sections 2 and 11, Township 10 South, Range
85 West of the Sixth Principal Meridian, County of Pitkin, State of Colorado;
said parcel being more particularly described as follows:
Commencing at the south quarter corner of Section 2, a 1954 Bureau of
Land Management brass cap in place; thence N. 40° 31' 02" W. 397.79 feet
to the True Point of Beginning; thence S. 00° 58 04 W. 964.49 feet to the
northerly right-of-way of Colorado State Highway No. 82; thence N. 60° 51'
38 W. along said right-of-way (according to Colorado Department of
Highways Project No. 2012-B) 740.77 feet; thence continuing said right-of-
way along the arc of a curve to the right having a radius of 5680.00 feet and
a central angle of 07° 08' 07", a distance of 707.35 feet (chord bears N. 57°
17 35 W. 706.89 feet) to the westerly line of Lot 21; thence leaving said
right-of-way N. 00° 58' 04" E. along the westerly line of said Lot 21 226.41
feet; thence N. 02° 28' 04" E. along the westerly line of said Lot 21 and Lot
17, 1308.04 feet to the existing southerly right-of-way fence of county road
No. 12-A; thence leaving said westerly lot line S. 85° 42' 33" E. along said
southerly right-of-way fence 7.72 feet; thence continuing along said right-
of-way fence N. 88° 00' 39" E. 857.50 feet; thence S. 07° 16' 09" W. along
a north-south fence and fence extended, 763.01 feet; thence S. 36° 21' 42"
E. 725.00 feet to the True Point of Beginning; said parcel containing 45.48
acres, more or less.
This description was written by Louis H. Buettner, LS 13166.
0040 W. Sopris Creek Road, Basalt, Colorado
M9.94
EXHIBIT "B"
STATE HIGHWAY 82 DESCRIP'T'ION
A parcel of land in Sections 2 and 11, Township 10 South, Range 85 West of the Sixth
Principal Meridian, Pitkin County, Colorado. The parcel being more fully described as
follows:
Beginning at a point on the northerly right-of-way of Colorado State Highway No. 82;
whence the South Quarter Corner of Section 2, a 1954 Bureau of Land Management Brass
Cap monument bears N 22°32'23" E, 716.69 feet; thence easterly along said northerly
right-of-way (according to the Colorado Department of Highways Map for Project No.
2012-B) the following S 60°51' E, 158.83 feet to the southwesterly Corner of the Open
records;
Pitkin County ,
Space Annexation No. 1, to the City of Aspen, as recorded m the P ty
thence continuing easterly along said northerly right-of-way and the southerly boundary of
said Annexation S 60 051' E, 924.25 feet to the beginning of a curve to the right, the arc
length being 661.39 feet, the radius being 2915.00 feet, (the long chord for said curve bears
S 54 021' E, 659.97 feet); thence S 47°51' E, 1702.30 feet to a Colorado State Highway
monument, (the East Quarter Corner of Section 11, Township 10 South, Range 85 West
of the Sixth Principal Meridian bears N 89°51'20" E, 202.44 feet); thence S 48°12'42" E,
132.06 feet to the beginning of a non-tangent curve to the left, the arc length being 56.03
feet, the radius being 1096.00 feet, (the long chord for said curve bears S 49°21'08" E,
56.02 feet); thence departing the northerly right-of-way and southerly Annexation
boundary S 39°11' W, 100.00 feet on a radial line to the southerly Highway right-of-way
and the northerly corner of the City Thomas Property Annexation as recorded in Plat
Book 14 at page 26 of the Pitkin County records; thence westerly along said southerly
right-of-way and departing said Annexation along a non-tangent curve to the right, the arc
length being 61.14 feet, the radius being 1196.00 feet, (the long chord for said curve bears
N 49°2108 W, 61.13 feet); thence N 48012'42" W, 132.06 feet; thence N 47°51' W,
1702.30 feet to the beginning of a curve to the left, the arc length being 638.70 feet, the
radius being 2815.00 feet, (the long chord for said curve bears N 54°21' W, 637.33 feet);
thence N 60°51' W, 1823.89 feet to the beginning of a curve to the right, the arc length
being 719.81 feet, the radius being 5780.00 feet, (the long chord for said curve bears N
57 017'35" W, 719.34 feet); thence departing the south highway right-of-way N 36°16129"
E, 100.00 feet to a point on the northerly Highway right-of-way; thence easterly along a
non-tangent curve to the left, the arc length being 707.35 feet, the radius being 5680.00
feet, (the long chord for said curve bears S 57°17'35" E, 706.89 feet); thence continuing
along said northerly highway right-of-way S 60°51'38" E, 740.77 feet more or less to the
Point of Beginning. Containing 11.67 acres, more or less.
This description was written by Louis H. Buettner, LS 13166. 0040 W. Sopris Creek Road,
Basalt, Colorado
M41.28
i