HomeMy WebLinkAboutLand Use Case.RZ.Zoline Open Space.A54-94Zoline Open Space Amendment
A54-94 2735-023-00-006
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 07f26/94 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
--------------------------------------------------------------
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
-------------------
-------------------
REFERRALS:
City Attorney
City Engineer
Housing Dir.
Aspen Water
City Electric
Envir.Hlth.
Zoning
Parks Dept.
Bldg Inspector
Fire Marshal
Holy Cross
Mtn. Bell
ACSD
Energy Center
School District
Rocky Mtn NatGas
CDOT
Clean Air Board
Open Space Board
Other
Other
DATE REFERRED: INITIALS: DUE:
FINAL ROUTING: DATE ROUTED: �lzINITIAL:
City Atty City Engineer Zoning E v. Health
Housing Open Space othler:,��j v
FILE STATUS AND LOCATION: Y l M
• • 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 staffs 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.
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.
•
•
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
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
C]
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.
ATTEST:
Kathryn S. Koch, City Clerk
9
John Bennett, Mayor
?r 1718, 1994 a The Aspen Times 17-C
Public Notice
OHLVQ #-ENO.47
(SERIES OF 1994)
AN ORDINANCE OF THE ASPEN CrN COUNCIL
GRAN`nNG A RE'LONING FROM AF2 PW TO OPEN
SPACE (Ob) TO NE PLU X:I.Y OWMZIDUAEMN
SPACE SE(.'1'IONS 2 & 11, TOWNSHIP 10 SOLTH,
RANGE 85 WEST OF 111E 6111 P.M.. HIGHWAY 82,
ASPENCOIDRAIX)
WHEREAS, pursuant to Section 24-7-1102 of the
Municipal Code the applicant. Use City of Aspen, has
submittal an application for a map amendment to
rezone a 57.15 acre of publicly oared open space from
AF2 PW to Open Space; and
WHEREAS. the City of Aspen recently annexed the
57.15 acres Into tie City and it required to rezone the
property within 90 days of anumadonn; and
I WHEREAS, a duly noticed Public Hearing was held
by the Aspen Planwng and 7rnwng Gmmitsion (Iron
Ytaher "Commission') on August 16, 1994 to consider
the map ametime t; and
WFERFAS, the Commission considered the repre-
sentations made by de PLvuWtg staff and Interested
public and laud that the rezoning application com-
plies; with Section 24-71102 and
WI I REAS, the Cmnnission recommends to the City
Corral approval of remnwng the publtiy owned open
spare from AF2 RD to Open Slane and
VAi RFAS• the Aspen City Cour" having corsd-
ere d the Nanning and Zouuhg Commission's recom
nnedmien dor a nap dinoxi esu does wish to grant
the reprwed nap amendmetif dor the 57.15 acres of
publicly owned open space. Sections 2 & 11, Township
10 South, Range 85 West of the 6lh PM, Aspen Col,
oato.
NOW,1H]OFDRE, BE rr OKXAI ff BY TIE CITY
000N LOFTHECf1YOFASPEN,COIDRADO..
Section l: That it dos hereby grantl renewig of the
S7.15 acres of publicly owned open space, Sections 2 &
11, TowndYp 10 Sot it] 4 Range 85 West of the 6th P.M.,
Aspen Colorado hen AF-2I'll) to Open Space.
Section Z The OMLW Zane Dauki Map for the City
of Aspn, Colorado. shag be and is hereby are ded to
redact there remtwng ac0os as set i rt h h Seclion I
above and such amendments shall be promptly
steed on the Official Map in accordance with Section
84S1038 of the M unicgal Cale.
Section 3: That the Uty Clete beard herby is direct-
ed upon the adoption of this ordinance, to record a
copy of this ordinance in the office of the PUldn County
Clark and Recorder.
Section 4: ff any seafuq subl smixn sentence, daze,
phrase or portion of this ordinance is for any reason
held invalid or ucorWihnntal by any cant of compe-
tent Jurisdiction, such provision and such huWinyl stall
not AW thevalidity a the re nvnwng p oruons thereof.
Section 5 Tltis Orhkance shall not duct any adstiN
litigation and shall not operate as an abatement of any
action or prooeoling now pending under or by virtue
of the ordinances repealed or amended as heron pro-
vided and the sane shall be cteekrcted and cadokd
under such pint ord4anas.
Section & A pulAw Haring on the Ordinance shall be
held on the d @W a Oct 11. 19W at 5fl0 PM In the City
Council Chambers, Aspen City Hall. Aspen Colorado, fif-
teen (15) days friu to which hearing a pubic notice of
tie sane slag be published are in a newspaper of 6wn,-
will Wall cirailabonwithin uueCity ofAspen.
ies NIRODII(ED, READ AND OPME7ED PUBLISHED as
provided by law, by the City Council of the City of
Po- Aspenont a 12ddayoiSepenler,1991
P S , John Belnem Maya
ATTEST: Kathryn S. Kod4 City Clerk
)fe• FINAII.Y, adopted, passed and approved this
ind day of. 1994.
Jan Bennett, Mayer
A1'li•SI':14WuyhnS Itcxdcl'ity(lek
PuWWed hi'llhe Aspen *finite on Sepleodoer Ib,
1994.
•
Attachment 8 0
County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT
} ss. TO ASPEN LAND USE REGULATIONS
State of Colorado } SECTION 6-205.E.
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��F'� �, 199� (which is Zd days
prior to the public hearing date of
T-
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 1'0- day of �1—, 1991,
to the 2(s`i' day of�199y (Must be
posted for at least ten (10) full days before the hearing
date). A photograph of the posted sign is attached
hereto.
�01
SigrLAture ""
(Attach photograph here) Signed before me this day of
J1 by
WITNESS MY HAND AND OFFICIAL SEAL
M Commis nMi re s : �M r OwmT bacon expires 9/27/96
No ary Public - y
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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
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 staffs 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:
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
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
•
C:
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)
2)
3)
4)
5)
6)
7)
Paved and unpaved walkways
benches
sculpture
water features such as
architectural lighting
for walkways and trails
sculptured or manicured
fencing
conditional uses: none
ponds, streams, or fountains
and downcast low -illumination lighting
landscape features
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
Zoline open space parcel and
(OS) upon annexation into the
EXHIBITS
A. City Attorney Letter
B. Map of Annexation Area
C. Proof of Public Notice
to recommend approval of zoning the
highway right-of-way to Open Space
City." 4o
tx
0
1 OULX4",
• • EXHIBIT A
MEMORANDUM
THE CITY OF ASPEN
CITY ATTORNEYS OFFICE
TO: Leslie Lamont
FROM: John P. Worcester
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.
IVim, �+.v.Ci'Gti,!✓ �'Y^t�� ,�-� l l�
wig
I
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.
IL.IMi
11�
- /v
Si ed before me.thisd— day of
WITNESS MY HAND AND OFFICIAL SEAL
My -,commission E ires : cww"ei n expires 9!a7t9(,
No ary Publi
1994 by
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
•
11
ZOLINE OPEN SPACE
ADJACENT PROPERTY OWNERS
Pearce Equities Co.
c/o Coleman, Aiken & Chase
181 East Evans
Florence, SC 29503
Joseph T. Zoline
900 Stage Road
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
CO Department of Transportation
222 S. 6th St., Room 317
Grand Junction, CO 81501-2769
Pitkin County
County Manager
530 E. Main St., 3rd Floor
Aspen, CO 81611
•
•
Pomearanate
Sarah Jean Diamond
P.O. Box 2627
Aspen, CO 81612
Wendy Erickson
P.O. Box 400
Aspen, CO 81612
Barbara Moore Stanford
P.O. Box 380
Durango, CO 81302
George & Marianne Hartnett
240 Old Farm Rd.
Northfield, IL 60093
Ginny Williams
240 Dahlia St.
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
Scott & Suzanne Writer
P.O. Box 9705
Aspen, CO 81612
Jon & Meredith Hedrich
1240 Thornapple Ln
Northbrook, IL 60062
Minnesota Rubber Co.
c/o Lynn Sailor
3630 Wooddale Ave.
Minneapolis, MN 55416
Gail Boyd
P.O. Box 4130
Aspen, CO 81612
•
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.
Sports
,,..1..:,jy-Sundry, August 1114, 19-W *The Aspen Times 19-D
Pu ,tic Notice
Summer prep football camp
stresses academics, test skills
N Entrance exams earn
equal time
From Wire Reports
CHARLESTON, W.Va. — When they huddle to
start the day at this football camp, the first calls are
made by an academic counselor,
not a coach or quarterback. r
Some high school football
camps, like the Big East -ACC Roundup Camp, are
joining many basketball camps in teaching athletes
about college aptitude tests.
Alex Komons of Morgantown, the camp director
who once helped West Virginia University with
recruiting, believes academics are becoming as impor-
tant as 40-yard dash times and weight -lifting totals.
The reason is the NCAA's decision to toughen
qualification standards for athletes.
"The academic part of camp is not what the kids
enjoy the most," Komons said. "But the first day I tell
them, `You're going to be tired and sore and uninterest-
ed, but take advantage of the opportunity that's pre-
sented to you ... because not everyone gets this
chance."
Komons said the NCAA's system of using SAT and
ACT scores to help determine athletic eligibility is
unfair because, he said, the tests are racially biased and
not very good barometers of how students will per-
form.
However, he doesn't anticipate any change in the
system soon, so his camp aims at winning at it instead.
Players learn from Jim Scherr, St. Albans High
School guidance counselor and the camp's ACT -SAT
expert. He gives them hints ranging from making
sure they read every word of each question to not get-
ting frustrated just because they are unable to answer
a few problems.
"There are too many athletes who go to college at
the present who go to play athletics alone," Scherr
said. "I'm trying to get the kids realistically to think
about their life and not have it center around athletics."
Greg Robinette, a senior fullback and linebacker for
Gilbert High School, believes the camp's emphasis on
academics is a big plus.
Robinette has attended camps at WW and Mar-
shall, but said neither offered as much instruction in
test -taking.
"Over at West Virginia, we had a guy talking about
the ACT for a little bit, but it wasn't anything like
this," Robinette said. "This guy just goes into a lot
more detail."
Robinette already has scored a 19 on his ACT, high
enough to be academically eligible at Marshall and
WW, two schools recruiting him.
"'I thought it was a really hard test and I didn't
know how I'd done on it until I got my results back,"
Robinette said. "But I think this next time I'll be a
whole lot more prepared for it."
Robinette plans to take the test again. He hopes to
get a 24 or 26 on it eventually.
Joey Goodnite, a senior linebacker from East Bank
High School, also believes the instruction is produc-
tive, although he wishes Komons and the staff would
hold it in a classroom instead of on Laidley Field.
"I don't think they emphasize enough in school
about the ACT, football and sports," Goodnite said.
Komons said a similar, more expansive football -
academics camp is held by New York Jets' All -Pro
receiver Rob Moore at the team's Long Island training
facility.
Komons' camp was held in Charleston and Mor-
gantown this year. He plans to add Roanoke, Va.;
Paterson, NJ.; and New Orleans next year.
Speedos claim West Slope honors
Aspen Times Sports Report
The Aspen Speedos continued to score in slimmer
swimming at last week's Western Slope Champi-
onships at Montrose.
The meet was the largest and most competitive of
the summer for the local swimmers.
In girls 13-14 competition, Abby McFlynn and
Kate Purnell led the Aspen
Speedos with a number of top , Swimming
30 finishes in the tough meet.
McFlynn finished sixth in the 100-meter breast
stroke in her best finish. She also was 16th in the 50-
free, 14th in the 100-free, 19th in the 200-free, llth in
the 100-backstroke and 24th in the 100-butterfly.
Kate Purnell was 27th in the 200-meter individual
medley, to go along with the following placings: 37th
in 50-free, 41st in 100-free, 31st in the 100-back, 29th
in the 100-breast and 23rd in the 100-butterfly.
Molly Purnell and Sarah McFlynn paced the
Speedos in the girls 11-12 category.
Molly Purnell was 15th in the 50-meter freestyle.
She also was 23rd in the 100-freestyle, 16th in the 50-
backstroke, 14th in the 100-backstroke, 15th in the 50-
butterfly and 12th in the 100-butterfly.
For Sarah McFlyn her finishes included: 30th in
the 50-free, 31st in the 100-free, 21st in the 50-back
and 19th in the 50-fly.
Kristen Wright added a 36th in the 50-free to go
along with a 17th in the 50-back. She also was 20th in
the 50-butterfly and 15th in the 100-fly.
She also was 19th overall in the 200-meter individ-
ual medley.
Kate Jensen of the Aspen Speedos was 26th in the
100-breast, 26(h in the 50-back, 41st in the 100-
freestyle and 43rd in the 50-free.
In the same age category, the Aspen Speedos fin-
ished sixth in the 200-meter freestyle relay and eighth
in the 200-meter medley relay.
Allison Eastley and Dana Fleisher led the Speedos
in the girls 10 and under class.
Eastley was fourth in both the 50-meter breast
stroke and the 100-meter breast stroke. She also was
seventh in the 50-freestyle and eighth in the 200-
freestyle.
She added a seventh in the 50-backstroke and 12th
in the 100-freestyle and a ninth in the 50-butterfly.
Fleisher was 13th in the 50-free, 15th in the 100-
free, 14th in the 50-back, 10th in the 100-back, eighth
in the 50-breast, eighth in the 100-breast and ninth in
the 50-meter butterfly.
Tiffany Stone, Sarah Durgin and Katie Barabe also
logged top 30 finishes at the big Montrose meet. And
they helped the Speedos 200-freestyle relay team finish
sixth. The 200-medley relay team finished fifth in the
10-and-under races.
In girls 8 and under, Kristen Purnell of the Aspen
Speedos won the team's only individual championship
in the 25-meter breast stroke.
Kristen Purnell also finished sixth in the 100-meter
individual medley and 13th in the 25-fly to go along
with 18th in the 25-back.
Lindsay Patterson of the Speedos was second in the
25-free and sixth in the 50-free.
She also was seventh in the 25-backstroke and 16th
in the 25-butterfly.
Kathryn Eastley of the Aspen Speedos was 11 th in
the 25-breast, 16th in the 25-free, 30th in the 25-back
and 22nd in the 25-butterfly.
Basketball camp
■ continued from page 1-D
make the right decisions.
"That's enough about drugs," Elliott said. "Just
make those decisions at the time for yourself ... not
because of somebody else."
Elliott then reminded the campers of all the drills
and exercises that the many visiting coaches
employed last week.
"If you think one week of camp is going to make
you a better player, you should think again. Sure it
will make you a little better. But you have to take
what you've learned and go out and practice it. Prac-
tice what you do in a game.
"Remember sometimes you're gong to face adver-
sity," Elliott said, referring to basketball problems,
school problems and family problems.
"I got traded to Detroit last year. But I didn't quit. I
didn't sit down and quit ... I worked harder," said
Elliott who was reacquired by the San Antonio Spurs
soon after Gregg Popovich, one of the Aspen Basket-
ball Academy founders, took over as general manager.
Popovich, who helped set up the Aspen basketball
camps, and fellow NBA scout -coach R.C. Buford led
the 1994 camp in Aspen.
And the two, in cooperation with the Aspen
School District, intend to offer the camps again next
summer.
Orrin the words of Buford:
"'Three claps for the Aspen Basketball Academy.
"TWO claps.
"One clap.
"Good job."
tnt mir:uiCE NO. 36 (Serles of 1994)
AN ORDINANCE AMENDING THE MUNICIPAL
CODE OF THE CITY OF ASPEN BY ADDING SEC-
TION 2.39 TO ESTABLISH RIO GRANDE PARK-
ING PLAZA FEES, TO ESTABLISH COMMERCIAL
CORE PAY PARKING FEES, AND TO ESTABLISH
RESIDENTIAL PERMIT PARKING PROGRAM
AND OTHER PARKING FEES.
WHEREAS, the City Council has determined
that a coordinated fee structure for parking In
the commercial core, the residential permit
zones, and the municipal parking garage is nec-
essary to accomplish the multiple parking -
related goals expressed In the Aspen Area
Community Plan and the Transportation Imple-
mentation Plan; and
WHEREAS, the Parking Improvement Fund is
a special revenue fund and the Transportation
and Parking Fund Is an enterprise fund, both of
which require that the revenues raised be suffi-
cient to pay for the attendant costs.
NOW, THEREFORE, BE IT ORDAINED BY THE
COUNCIL OF THE CITY OF ASPEN. COLORADO:
Section 1
That the Municipal Code of the City of Aspen,
Colorado, Is hereby amended by adding sec-
tion 2-39 as follows:
Sec. 2-39. Parking Fees.
The Transportation and Parking Department
shall charge the following lees for parking:
I. Rio Grande Parking Plaza Fee Options.
A. Hourly parking rate ..........$0.75/hour
Maximum daily fee ..............$5.00/day
B. Validation stickers ........$3.00 per visit
C. Unlimited use monthly pass .t100/month
II. Commercial Core Pay Parking Fees.
Between the hours of 7 a.m. and 6 p.m.S1/hour
Between the hours of 6 p.m. and 3 a.m. . free
Parking Is prohibited In the commercial core
between 3 a.m. and 7 a.m.
111. Residential Permit Parking Program Fees
Parking up to 2 hours without a permit ..free
Resident Permit ..................... free
Resident Guest Permit ............... free
Lodge Guest Permit.......... S1.00/permit
High Occupancy Vehicle Permit ....... free
Day Pass Permit ........ .......$3.00/day
Business Delivery Vehicle Permit ..........
..$300/6 month period
Two 6 month periods are established for the
Business Vehicle Permit: Winter Season,
November 1 through April 30, and Summer Sea-
son, May I through October 31.
Section 2 - The effective date of this ordi-
nance shall be November 1, 1994. Section 3
This ordinance shall not have any effect on
existing litigation and shall not operate as an
abatement of any action or proceeding now
pending under or by virtue of the ordinances
amended as herein provided, and the same
shall be construed and concluded under such
prior ordinances.
Section 4 - It any section, subsection, sentence,
clause, phrase or portion of this ordinance Is for
any reason held Invalid or unconstitutional In a
court of competent jurisdiction, such portion
shall be deemed a separate, distinct and Indepen-
dent provision and shall not affect the validity of
the remaining portions hereof.
A public hearing on the ordinance shall be
held on the 22nd day of August, 1994. In the
City Council Chambers, Aspen City Hall, Aspen,
Colorado. INTRODUCED, READ AND ORDERED
PUBLISHED as provided by law by the City
Council of the City of Aspen on the 8th day of
August, 1994.
John S. Bennett, Mayor
ATTEST: Kathryn S. Koch, City Clerk
Published In The Aspcn Times Augu.,t i2, 1994.
ORDINANCE NO.37 (Series of 1994)
AN ORDINANCE OF THE ASPEN CITY COUN-
CIL DESIGNATING 834 W. HALLAM STREET,
LOTS K AND L, BLOCK 10, HALLAM's ADDI-
TION, CITY OF ASPEN, AS "H" HISTORIC LAND-
MARK PURSUANT TO SECTION 24-7-703 OF
THE MUNICIPAL CODE.
WHEREAS, Michael Hull and Ferri Jones, own-
ers of 834 W. Hallam Street, Lots K and L., Block
10, Hallam's Addition, City of Aspen, have filed
an application for Historic Landmark Designa-
tion of their property, pursuant to Section 24-7-
704 of the Municipal Code; and
WHEREAS, the applicant requests a $2,000
landmark designation grant pursuant to Sec-
tion 24.7-704, for which the property is eligible;
and
WHEREAS, the Historic Preservation Commit-
tee unanimously recommended Historic Desig-
nation for the subject property at a duly
noticed public hearing on September 22, 1993;
and
WHEREAS, the Planning and Zoning Commis-
sion unanimously recommended Historic Des-
ignation for the subject properly at a duly
noticed public hearing on October 5, 1993; and
WHEREAS, pursuant to Section 24-7-702 of
the Municipal Code, the City Council has found
that the subject property meets standards B
(architectural Importance) and F (community
character); and
WHEREAS, City Council wishes to affirm
those recommendations as rendered by the
Historic Preservation Committee and Planning
and Zoning Commission and complete the
Landmark Designation process.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO:
Section 1
That the structure and property at:
834 W. Hallam Street, Lots K and L. Block 10.
Hallam's Addition, City of Aspen be granted
"if," Historic Landmark Designation.
Section 2
That the Zoning District Map be amended to
reflect the rezoning described in Section 1 and
the Planning Director shall be authorized and
directed to amend said map to reflect said
rezoning.
Section 3
That the Planning Director shall be directed
to notify the City Clerk of such designation,
who shall record among the real estate records
of the Pitkin County Clerk and Recorder's
Office a certified copy of this Ordinance.
Section 4
That 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
portion shall be deemed a separate, distinct
and independent provision and such holding
shall not affect the validity of the remaining
portions thereof.
Section 5
A public hearing on the Ordinance shall be
held on the 12th day of September, 1994, at
5:00 p.m. In the City Council Chambers, Aspen
City Hall, Aspen, Colorado, fifteen (15) days
prior to which hearing notice of the same shall
be published once in a newspaper of general
circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUB-
LISHED as provided by law by the City Council
of the City of Aspen on the 8th day of August
1994.
John S. Bennett, Mayor
ATTEST: Kathryn S. Koch, City Clerk
Published in The Aspen Times August 12, 1994.
INVITATION TO BID
Sealed bids will be received at Aspen City
Ball until 2:00 p.m., August 25. 1994, for the fol-
lowing City of Aspen project: Aspen City Hall
Renovation Project. The project Includes, but
is not limited to general renovation of the base-
ment and roof, and restoration of bricks and
windows.
Complete Bid Packages are available from the
Engineering office on the 2nd floor of City Hall,
130 S. Galena St., Aspen CO. Further informa-
tion may be obtained from Cris Caruso, City
Engineer, at (303) 920 -7476.
Bids may be submitted for any portion of the
work or the entire project. Work must be sub-
stantially complete by December 15, 1994,
unless conditions dictate an extended sched-
ule, which shall be determined by the City.
A pre -bid conference will be held at the build-
ing site, 130 South Galena Street, Aspen CO,
2:00 p.m., August 16, 1994. Attendance at the
pre -bid conference is mandatory unless prior
authorisation is given by the City Engineer.
The City reserves the right to reject any or all
Bids or accept what is, in its judgment, the Bid
which Is In the City's best Interest. The City fur-
ther reserves the right, in the best interests of
the City, to waive any technical defects or
Irregularities in any and all Bids submitted.
Bids must be placed in one envelope securely
sealed therein and labeled; "Bid for City Hall
Basement and Roof". Enclose references of sim-
ilar projects with phone numbers and contact
names.
Bids may be be withdrawn for a period of thir-
ty (30) days after the time fixed for closing them.
Published in The Aspen Times August 12, 1994.
PUBLIC NOTICE
RE: GOLDEN AGE RESORT CABIN AND
TRANSFER OF DEVELOPMENT RIGHTS SPECIAL
REVIEW AND REZONING
NOTICE IS HEREBY GIVEN that a public hear-
ing will be held on Tuesday, September 13,
1994 at a regular meeting to begin at 5:00 p.m.
before the Board of County Commissioners,
District Courtroom, 506 E. Main St., Aspen to
consider an application submitted by the Arms
Lake Mining Company and the Anderson fake
Mining Company requesting to rezone 457
acres of land to the Rural/Remote (R/R) zone
district and requesting special review approval
to transfer development rights for live units
from more remote mining claims within the
applicants' holdings to receiver sites along the
more developed road within the applicants'
holding, and also requesting special review
approval for the development of cabins on
each of the six total development sites being
considered as part of the rezoning. The proper-
ly is located on Lincoln Creek Road approxi-
mately 9 miles south of State Itighway 82 In the
Townsite of Ruby; NW 1/4 of Section 12, Town-
ship 12 South, Range 83 West of the 6lh P.M.
For further Information contact Ellen Sassano
at the Aspen/Pitkin Planning Office. 920-5098.
s/Robert W. Child, Chairman
Board of County Commissioners
Published In The Aspen Times August 12, 1994.
ORDINANCE NO.40 (series of 1994)
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO, APPROVING
THE ANNEXATION OF CERTAIN TERRITORY
TO THE CITY OF ASPEN, COLORADO, TO BE
KNOWN AND DESIGNATED AS THE HIGHWAY
82 CITY/ZOLINE OPEN SPACE ANNEXATION.
WHEREAS, on June 8, 1994. the City Manager
of the City of Aspen and the Department of
Transportation, State of Culuradu, did file rval.
the City Clerk of the City of Aspen a Petition for
Annexation of territory to the City of Aspen;
and
WHEREAS, the petition. Including accompa-
nying 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 of §31-
12-107. C.R.S.; and
WHEREAS, the petition was signed by the
owners of one hundred percent (100 %) of the
area proposed to be annexed, exclusive of
streets and alleys; and
WHEREAS, the City Council, by resolution
(Number 44, Series of 1994) at Its regular meet-
ing on June 13, 1994. did find and determine
said Petition for Annexation to be in substan-
tial compliance with the provisions of §31-12-
107, C.RS.; and
WHEREAS, the City Council, by resolution
(Number 62, Series of 1994) at Its regular meet-
ing on July 25. 1994. did find and determine, fol-
lowing a public hearing, said Petition for
Annexation to be In substantial compliance
with §§ 31-12.104 and 31-12.105, C.R.S.; and
WHEREAS, the City Council does hereby find
and determine that approval of the annexation
of said territory to be in the City's best interest;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF ASPEN, CO:
Section I. That the tract or land described In
the Petition for Annexation, commonly referred
to as the Highway 82 - City/Zoline Open Space,
and as shown on the annexation map, Is hereby
annexed to the City of Aspen, Colorado.
Section 2. The City Clerk of the City of Aspen
is hereby directed as follows:
(a) To file one copy of the annexation map
with the original of this annexation ordinance
in the office of the City Clerk of the City of
Aspen.
(b) To certify and file two copies of this
annexation ordinance and of the annexation
map with the Clerk and Recorder of the County
of Pitkin, State of Colorado.
(c) To request the Clerk and Recorder of
Pitkin County to file one certified copy of this
annexation ordinance and of the annexation
map with the Division of local Government of
the Department of local Affairs. Stale of CO.
Section 3. The City Engineer of the City of
Aspen Is hereby directed to amend the Official
Map of the City of Aspen to reflect the bound-
ary changes adopted pursuant to this annexa-
tion ordinance.
Section 4. That If any section, subsection,
sentence, clause, phrase or portion of this ordi-
nance is for any reason held Invalid or uncon-
stitutional In a court of competent jurisdiction,
such portion shall be deemed a separate, dis-
tinct and independent provision and shall not
affect the validity of the remaining portions
thereof.
Section S. That this ordinance shall not have
any effect on existing litigation and shall not
operate as an abatement of any action or pro-
ceeding now pending under or by virtue of the
ordinances amended as herein provided, and
the same shall be construed and concluded
under such prior ordinances.
A public hearing on the ordinance shall be
held on the 22nd day of August, 1994, In the City
Council Chambers, Aspen City Hall, Aspen, Col-
orado.
INTRODUCED, READ AND ORDERED PUB-
LISHED as provided by law by the City Council
of the City of Aspen on the 12th day of Sept.
1994.
John S. Bennett, Mayor
ATTEST: Kathryn S. Koch, City Clerk
Published In The Aspen Times August 12, 1994.
is
C,
•
Public Notice
Satunla),-Sunduy, July 2-3, 1994 • The Aspen Times 15-D
NOTICE OF PUBLIC TRUSTEE'S SAIE
NO.94-7
TO WHOM IT MAY CONCERN: This Notice Is
given with regard to the following described
Deed of Trust
Original Grantor of Deed of Trust (Borrower):
Joseph S. Zaluba and Ronald C. Collen
Original Beneficiary of Deed of Trust: Pllkin
County Bank & Trust Company
Current owner of the evidence of debt
secured by the Deed of Trust: Pitkin County
Bank & Trust Company Date of Deed of Trust:
January 5, 1990
Recording Date of Deed of Trust: January 8,
1990
County of Recording: Pltkln County, Colorado
Reception No. of Recorded Deed of Trust:
3
and Page of Recorded Deed of Trust:
B 1 at Page 449
YOU ARE HEREBY NOTIFIED that the under-
signed as the legal owner of an Evidence of
Debt, dated January 5, 1990, In the original
principal amount of $145,000.00 dollars and
which Is secured by the Deed of Trust
describecj.atmve, has filed written election and
demand (& sale as provided In said Deed of
Trust. The outstanding principal balance
(exclusive of Interest and any other charges
properly allowable under the documents evi-
dencing said debt) due and owing upon the Evi-
dence of Debt secured by the above -described
Deed of Trust being foreclosed Is $123,322.59
as of June 6, 1994.
The following -described property Is all of the
property encumbered by said Deed of Trust:
Lot 3, HOAG Subdivision, according to the
plat filed November 5, 1971 In Plat Book 4 at
Page 218. County of Pitkin, Stale of Colorado
also known as: 18 Roaring Fork Drive, Aspen,
CO 81611
Together with all and singular the privileges
and appurtenances thereunto belonging.
THE LIEN OF THE DEED OF TRUST TO BE
FORECLOSED MAY NOT BE A FIRST LIEN.
THEREFORE, NOTICE IS HEREBY GIVEN that I
Ct 10:00 o'clock a.m., on the dale of July
14. at the Pilkln County Courthouse, 506
sin St., Aspen, Colorado, sell at public
auction to the highest and best bidder for cash,
the real property described above, and all
Interest of said Grantor, the heirs, successors
and assigns of said Grantor, for the purpose of
paying the Indebtedness provided In said Note
and Deed of Trust, attorneys' fees, and the
expenses of sale, and will deliver to the pur-
chaser a Certificate of Purchase, all as provid-
ed by law.
Date: June 9, 1994
First Publication Date: June 17, 1994
Last Publication Date: July 15, 1994
Thomas Carl Oken, Public Trustee of the
County of Pitkin, State of Colorado
By: Judy James Deputy Public Trustee
ATTORNEYS: Patrick D. McAllister, Esq.
David L. Lenyo, Esq.
GARFIELD & HECHT, P.C.
601 East Hyman Avenue, Aspen, CO 81611
(303) 925-1936
Published In The Aspen Times June 17, 24
and July 1, 8 and 15, 1994.
NOTICE OF PUBLIC TRUSTEE SALE
(No. 94-8
To Whom It May Concern: This Notice is
given with regard to the following described
Deed of Trust:
Original Grantor of Deed of Trust (Borrower):
Cleon L Griffiths
Original Beneficiary of Deed of Trust: Alpine
Bank, Basalt
Current owner of the evidence of debt
secured by the Deed of Trust: Alpine Bank,
Basalt
Date of Deed of Trust: June 23, 1993
Recording Date of Deed of Trust: July 7, 1993
County of Recording: Pitkin
Reception No, of Recorded Deed of Trust:
358562
Book and Page of Recorded Deed of Trust:
Book No. 717, Page No. 150
YOU ARE HEREBY NOTIFIED that Alpine
Bank, Basalt, as the legal owner of an evidence
of debt, the original principal of which was
$10,148.00 and which Is secured by the Deed of
Trust described above, has filed written elec-
tion and demand for sale as provided In said
Deed of Trust. The outstanding principal bal-
ance due and owing upon the evidence of debt
secured by the above -described Deed of Trust
being foreclosed Is $9.336.26 as of May 10.
1994.
The following described property Is all of the
property encumbered by said Deed of Trust sit-
uated in the County of Pitkin, State of Colorado:
PARCEL #11, WEST SOPRIS RANCH AKA A
Wbcof land situated in the W 1/2 of Section
N87W of the 61h PM more particularly
ed as follows: Beginning at the NW cor-
said Section 22, thence S88`53'16" E
1319.54 feet to the True Point of Beginning,
thence SI"00'46" W 1169.50 feet, thence
S88'54'42" E 1318.95 feet, thence NI"02'31" E
1169.00 feet, thence N68"53'16" N 1319.54 feet
to the True Point of Beginning. Note: all bear-
Ings are Colorado Coordinate System, Central
Zone. Containing 35.412 acres.
also known by street and number as: (vacant
land).
THE LIEN OF THE DEED OF TRUST TO BE
FORECLOSED MAY NOT BE A FIRST LIEN.
THEREFORE. NOTICE IS HEREBY GIVEN that 1
will, at 10:00 a.m. on the date of August 10,
1994. at the Pitkin County Courthouse, 506 East
Main Street, Aspen, Colorado, sell at public
auction to the highest and best bidder for cash,
the real property described above, and all
Interest of said Grantor, the heirs, successors
and assigns of said Grantor, for the purpose of
paying the indebtedness provided In said Note
and Deed of Trust, attorney's fees, and the
expenses of sale, and will deliver to the pur-
chaser a Certificate of Purchase, all as provid-
ed by law.
DATED: June 24 , 1994.
Thomas Carl Often, Public Trustee
�r the County of Pitkin, State of Colorado,
tidy James, Deputy Public Trustee
t Publicalion Date: July 1, 1994.
Last Publication Date: July 29. 1994.
Published in The Aspen Times July 1, 8, 15,
22 and 29, 1994.NOTICE TO CREDITORS
ESTATE OF HEDI WIDMER
Probate No. 94 PR 13
All persons having claims against the above -
named estate are required to present them to
Hans Widmer or to the District Court of Pitkin
County, Colorado, on or before September 19,
1994, or said claims may be forever barred.
Hans Widmer, Personal Representative
c/o OATFS, HUGHES & KNL ZEVICH, P.C.
Attention: Richard A. Knezevich, Esq.
Attorneys for Personal Representative
533 East Hopkins Avenue
Aspen, Colorado 81611
(303) 920-1700
Published In The Aspen Times June 17, 24.
July 1, and 8, 1994.
COUNTY COURT, PITKIN COUNTY, COLORADO
Case No. 94C178
ORDER FOR PUBLICATION AND CHANGE OF
NAME IN THE MATTER OF THE PETITION FOR
THE CHANGE OF NAME OF: STEPHANIE FITZ-
PATRICK DAVIS, Petitioner.
ORDER FOR PUBLICATION
The Court having read and considered the
Petition for Change of Name and the petition-
er's affidavit, and the Court being sufficiently
advised,
FINDS: That the allegations made In said peti-
tion and affidavit satisfy all statutory require-
ments;
AND THE COURT FURTHER FINDS: That the
desired change of name Is proper and not detrl-
mental to the Interests of any other person.
IT IS THEREFORE ORDERED:
1. That pursuant to statute, petitioner shall
give public notice of such change of name by
publication of Public Notice three (3) times In
The Aspen Times, a legal newspaper, published
In said county. This publication Is to be made
within 20 days of the date of this Order. Proper
proof of publication shall be filed with the
Clerk of the Court upon final publication.
2. That upon proof of publication being filed
with the Clerk of the Court, the name of
Stephanie Fitzpatrick Davis will be changed to
Stephanie Davis Fitzpatrick.
DATED: June 14, 1994.
Fitzhugh Scott III; County Judge
Published In The Aspen Times June 24, July I
and 8, 1994.
PUBLIC NOTICE
Pitkin County, CO Is accepting Requests for
Proposal until 2 p.m. local time, July 13, 1994,
for the operation of the public Pay Telephone
Concession at the Aspen/Pitkin County Airport
and various municipal locations In and around
Aspen, Colorado. RFP documents available
June 13, 1994, from Carl L. Remmel, Assistant
Director of Aviation, 233 E. Airport Rd., Aspen,
CO 81611 (303) 920-5384.
Published In The Aspen Times June 24 and July
1, 1994.
PUBLIC NOTICE
The annual report of the Aspen Airport Busi-
ness Center Foundation Is available at the
address noted below, for inspection during
normal business hours, by any citizen who so
requests within 180 days after publication of
this notice of its availability.
The Aspen Airport Business Center Founda-
tion, 303 E. AABC,. Aspen, Colorado 81611.
The principal manager Is John P. McBride,
President and Trustee. Telephone (303) 925-
7426.
Published In The Aspen Times July 1, 1994.
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 hear-
Ing 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 Zollne Open Space Parcel from AF-2
PUD in file 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 Fir f,.rlher information. contort Leslle
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 July 1, 1994.
RESOLUTION NO. 44
(Series of 1991)
A RESOLUTION OF THE CITY COUNCIL OF
ASPEN, COLORADO, RELATIVE TO THE PETI-
TION FOR ANNEXATION OF TERRITORY TO
THE CITY OF ASPEN, COMMONLY KNOWN AS
"HIGHWAY 82 - CITY/ZOLINE OPEN SPACE
ANNEXATION"; FINDING SUBSTANTIAL COM-
PLIANCE WITH SECTION 31-12-107(I), C.R.S.;
ESTABLISHING A DATE, TIME, AND PLACE FOR
A PUBLIC HEARING TO DETERMINE COMPLI-
ANCE 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 commu-
nication to the City Council for appropriate
action to determine If the petition Is substan-
tially In compliance with Section 31-12-107,
C.R.S.; and
WHEREAS, the petition, Including accompa-
nying 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 para-
graphs (c) and (d) of subsection (1) of Section
31-12107, C.R.S.; and
WHEREAS, the petition has been signed by
the owners of one hundred percent (I00%) 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 annex-
ation proceedings in accordance with Sections
31-12-108 to 31-12-110, C.R.S., whenever a peti-
tion is filed pursuant to subsection (1) of Sec-
tion 31-12-I07, C.R.S.
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF ASPEN, CO:
Section 1
That the Petition for Annexation of territory
to the City of Aspen submitted by the City Man-
ager 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
3112-107,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 Sec-
tions 31-12-104 and 31-12-105, C.R.S., and to
establish whether or not said area Is eligible
for annexation pursuant to the Municipal
Annexation Act of 1965, as amended; said hear-
Ing 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 251h of July, 1994. in Council Chambers
at City Hall, 130 S. Galena, Aspen, Colorado
81611. (A dale which is not less than thirty
days nor more than sixty days after the effec-
tive dale of this resolution).
Section 3
That the City Clerk shall give public notice as
follows: A copy of this resolution shall consti-
tute 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 annex-
ation. Said notice shall be published once a
week for four consecutive weeks In a newspa-
per of general circulation In the area proposed
to be annexed. The first publication of 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 pub-
lication Is completed, and the certificate 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 mall by
the clerk to the Pltkln 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-I08.5, 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 herelnabove
and shall cause to be filed one copy with the
Pitkin County Board of County Commissioners
within five days thereafter.
INTRODUCED, READ AND ADOPTED by the
City Council of the City of Aspen on the 13th
day of June, 1994.
John S. Bennett, Mayor
1, Kathryn S. Koch, duly appointed and acting
City Clerk do certify that the foregoing Is a true
and accurate copy of that resolution adopted
by the City Council of the City of Aspen, Col-
orado, at a meeting held on the day hereln-
above stated.
Kathryn S. Koch, City Clerk
Published In The Aspen Times June 24, July I
and 8, 1994.
INVITATION FOR BIDS
FOR IMPROVEMENTS TO ASPEN-PITKIN
COUNTY AIRPORT (SARDY FIELD)
ASPEN, COLORADO
AIP PROJECT NO. 3-08-0003-12
Sealed bids for the improvements to Aspen-
Pitkin County Airport (Sardy Field), Aspen, Col-
orado, AIP Project No. 3-08-0003-12, will be
received by the Airport Manger, Aspen-Pitkin
County Airport (Sardy Field), Aspen, Colorado
81612. until 10 a.m., July 19, 1994 and then
opened, read aloud and canvassed.
The work Involved includes the following:
SCHEDULE 1
Rehabilitate General Aviation Tledown Apron
Station 45.00 to Station 51.00 and a
Portion of Taxiway "A"
SCHEDULE II
Rehabilitate Runway 15/33
Station 10.15 to Station 30.15
A complete set of Plans, Specifications, and
Contract Documents may be obtained after
June 29. hhm at the oll,ce of Isbui Associates,
Inc., 10190 East Monlview Boulevard, Aurora,
Colorado 80010-2231, by a nonrefundable
deposit of $60 for each set.
Each bid must be accompanied by a Certified
Check or Cashier's Check in the amount of not
less than five percent of the total bid, made
payable to Pitkin County Board of Commission-
ers, or by a Bid Bond in like amount executed
by a Surety Company.
The Bidder must supply all the Information
required by the proposal forms and specifica-
tions, and he must bid on all times of every
Schedule. The Pitkin County Board of Commis-
sioners, Aspen, Colorado reserves the right to
waive any Informality In or to reject any or ail
portions of the various bid Items. No proposal
may be withdrawn for a period of 60 days from
the opening thereof.
It Is Intended that work covered by this con-
tract will be completed during the 1994 con-
struction season.
All bidders are advised to examine the site to
become familiar with all site conditions. The
project will be shown to interested bidders at 2
p.m.., July 11, 1994 at the Airport Administra-
tion Office, located at Aspen-Pitkin County Air-
port (Sardy Field), Aspen, Colorado.
The proposed contract Is under and subject
to Executive Order 11246 of 24 September 1965,
as amended, and to the equal opportunity
clause and the Standard Federal Equal Employ-
ment Opportunity Construction Contract Speci-
fications Including the goals and timetables for
minority and female participation.
A Certification of Nonsegregated Facilities
must be submitted prior to the award of the
proposed contract, including any subcontracts
ism excess of $10,000.
The proposed contract Is subject to the pro-
visions of Department of Transportation Regu-
lations 49 CFR Part 23 (Disadvantaged Business
Enterprise Participation). Goals for DBE partici-
pation have been established at 10.9 percent of
the construction contract.
Minimum wage rates as established by the
Secretary of Labor are applicable to this project.
Any questions regarding bids are to be direct-
ed to the office of Isbell Associates, Inc., Aurora,
Colorado (303-364-2500) for Interpretation.
Pllkin County Board of Commissioners
Aspen, Colorado
Published In The Aspen Times June 24, July 1
and 8, 1994.
PUBLIC NOTICE
FEDERAL HYDRO POWER BENEFITS CITY OF
ASPEN ELECTRIC CUSTOMERS
On October 1, 1989 the City of Aspen Utility
Department started to receive an Allotment of
Federal Electric Power. This Allotment is
known as the Salt Lake City Area Integrated
Projects (SLCA/IP) Allotment and is purchased
by the City from the Western Area Power
Administration (WAPA). This power is pur-
chased In addition to power purchased from
Municipal Energy Agency of Nebraska (MEAN)
and hydropower generated by the Clty's Ruedl
Hydropower Generation Facility (RUED[).
For the winter season 1994, completed March
1994, the City of Aspen Electric Utility saved
approximately $63,048 on electric costs due to
the purchase of the WAPA power.
Below is a breakdown of power usage and
associated costs to the City's electric utility.
Purchased Energy Cost($) $ per KWH
TOTAL 37,526,247 $1.464,574 $0.0390
MEAN 23.376.245 $ 801.273 $0.0343
RUEDI 10.505,617 $ 600,000 $0.5711
WAPA 3,644,385 $ 63,301 $0.0174
Published In The Aspen Times July 1, 1994.
ESTRAY
Taken up near Aspen, CO., county of Pitkin
one black or dark brown gelding mule, no
brand, I5-20 yrs., 7500. If not claimed within
ten days will be sold by Slate Board of Stock
Inspection. For further Information call 876-
2491.
Published In The Aspen Times July 1, 1994.
PUBLIC NOTICE
The annual return of the Karetsky Family
Memorial Fund and Sethi Kahn Foundation for
the fiscal year ended March 31, 1993 Is avail-
able at the office of Starr & Company, 350 Park
Avenue, New York, NY 10022 for Inspection
during regular business hours by any citizen
who requests It within 180 days hereof. Princi-
pal Manager of The Foundation Is Geraldine K.
Karetsky.
Published in The Aspen Times July 1, 1994.
ORDINANCE NO.29
Series of 1994
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO, AUTHORIZ-
ING THE CERTIFICATION OF DELINQUENT
CHARGES FOR COLLECTION BY THE PITKIN
COUNTY TREASURER IN THE SAME MANNER
AUTHORIZED FOR COLLECTION OF OTHER
TAXES.
Copies of this ordinance are available In the
office of the City Clerk, City Hall, 130 South
Galena, Aspen, during normal business hours.
FINALLY adopted, passed and approved this
27 day of June, 1994.
John S. Bennett, Mayor
ATTIST:Kalhryn S. Koch, City Clerk
Published in The Aspen Times July 1, 1994.
ORDINANCE NO.30
(SERIFS OF 1994)
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO. AMENDING
CHAPTER 22 OF THE MUNICIPAL CODE, TRAF-
FIC AND MOTOR VEHICLES, AND ESTABLISH-
ING A RESIDENTIAL. PERMIT PARKING PRO-
GRAM.
Copies of this ordinance are available in the
office of the City Clerk, City Hall, 130 South
Galena, Aspen, during normal business hours.
FINALLY adopted, passed and approved this
27 day of June, 1994
John Bennett, Mayor
ATTEST: Kathryn S. Koch, City Clerk
Published In The Aspen Times July 1, 1994.
ORDINANCE NO 31
(SERIES OF 1994)
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO, EXTENDING
THE VESTED DEVELOPMENT RIGHTS FOR
THREE YEARS FOR THE ASPEN INSTITUTE AT
LOT 1-A OF THE ASPEN MEADOWS SUBDIVI-
SION
WHEREAS, the Aspen City Council adopted
Ordinance No.14, Series of 1991 for the
approval the Aspen Institute's development of
50 new lodge rooms, a parking garage, renova-
tion and expansion of the health club, and ren-
ovation of the restaurant building by approval
of the Aspen Meadows Final SPA Development
Plan ("Plan"); and
WHEREAS, Vested Rights for the Aspen
Meadows was also granted within the Plan for
a period of three years, effective through June
21,1994;and
WHEREAS, the Aspen Institute has completed
the majority of the projects approved by Ordi-
nance No.14, but were unable to complete
lodge building number 3 to contain twelve
lodge rooms prior to the expiration of vested
rights due to fund raising constraints; and
WHEREAS, the Aspen Institute submitted a
request to the Planning Office on April 26, 1994,
for an additional three years of vested rights to
extend from June 21, 1994, to June 21. 1997. for
the remaining development of lodge building
number 3; and
WHEREAS, the request for vested rights
extension was considered by the Planning
Office, Parks Department and the Engineering
Department, and as a result of their reviews.
these departments sought in exchange for the
vested rights extension two new easements,
those being a revised multi -purpose trail align-
ment on the old dirt road below the health club
at the northwest corner of the Institute's prop-
erty, and a storm water detention easement In
the old racetrack area as Identified In the City
of Aspen's 1973 Urban Run-off Management
Plan and
WHEREAS. Section 24-6-207 of the Aspen
Municipal Code was adopted to provide the
necessary procedures to Implement the provi-
sions of Article 68 of Title 24, C.R.S., as amend-
ed and Section'241i8t04 (1), C.R.S., permits the
vesting period to be extended upon the
express authorization of City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF ASPEN, COL
ORADO:
Section 1: Thal It does hereby extend Vested
Rights for the Aspen Institute granted by the
site specific development plans approved for
the Aspen Meadows SPA Final Development
Plan, established by Ordinance NoA4, Series of
1991. for a period of three (3) years from June
21. 1994 to June 21, 1997. subject to the condi-
tions set forth at Section 2 below. Failure to
abide by any of the terms and conditions In
Section 2 within 45 days or the conditions
attendant to the original approvals shall result
In the forfeiture of said vested property rights.
Failure to properly record all plats and agree-
ments required to be recorded by the Land Use
Code shall also result In the forfeiture of said
vested property rights.
Section 2: The extension of vested rights
shall be conditioned by the following:
1) The Aspen Institute shall dedicate a trail
alignment along the roadway from the parking
garage to like old road below the health club,
then fanning outward towards the property
line of lot 1, until such time that the City Parks
Department finalizes a trail design to follow
basically the old road. Then, the City will be
responsible for costs associated with survey-
Ing and platting the new trail easement, as well
as the costs of developing the trail. The old
easement will be abandoned during the repla(-
ting effort.
2) The Aspen Institute shall to dedicate a
storm water detention easement in the old
racetrack area as identified In the 1973 Urban
Runoff Management Plan. The easement shall
be for a 5 acre foot detention pond and associ-
ated Intel, outlet and maintenance access ease-
ments. The City will be responsible for costs
associated with surveying and platting the new
storm water detention easement, as well as the
costs of developing the pond and associated
needs.
Section 3: That the establishment of a vested
property right shall not preclude the applica-
tion of ordinances or regulations which are
general In nature and are applicable to all prop-
erty subject to land use regulation by the City
of Aspen including, but not limited to, building,
fire, plumbing, electrical and mechanical
codes. In this regard, as a condition of this site
development approval, the applicant shall
abide by any and all such building, fire, plumb-
ing, electrical and mechanical codes, unless an
exemption therefrom is granted In writing.
Section 4: That the City Clerk Is directed,
upon the adoption of this ordinance, to record
a copy of this ordinance fit the office of the
Pltkln County Clerk and Recorder.
Section 5: A public hearing on the Ordinance
shall be field on the 25 day of July, 1994 at 5:00
P.M. In the City Council Chambers, Aspen City
Hall, Aspen Colorado, fifteen (I5) days prior to
which a hearing of public notice of the same
shall be published In a newspaper of general
circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUB-
LISHED as provided by law, by the City Council
ui kite City ui Aspen wk she 27 day of J4i,e,
1994.
John Bennett, Mayor
Attest: Kathryn S. Koch, City Clerk
Published In The Aspen Times July 1, 1994.
PUBLIC NOTICE
Please take notice that the Board of County
Commissioners has adopted on June 14. 1994
the following Resolution:
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COL-
ORADO, ESTABLISHING OPERATING PROCE-
DURES FOR THE BOARD OF EQUALIZATION
Jeanette Jones, Deputy Clerk & Recorder
Copies of the full text of this Resolution are
available for public inspection in the office of
the Clerk and Recorder, 530 E. Main St., 8:30 am
- 4:30 pm.
Published In The Aspen Times July 1, 1994.
PUBLIC NOTICE — CITY OF ASPEN PUBLIC AUCTION
IN CONFORMITY WITH SECTION 22-31 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, AND
UNDER THE AUTHORIZATION OF THE COLORADO REVISED STATUTES 1973, SECTION 4241103 AS
AMENDED, A PUBLIC AUCTION OF THE FOLLOWING IMPOUNDED MOTOR VEHICLES WILL BE HEIR
ON SATURDAY, JULY 9, 1994, AT THE COUNTY DUMP (NINE MILES WEST OF ASPEN ON HIGHWAY
82). THE GATE WILL OPEN AT I A.M. FOR INSPECTION OF THE VEHICLES. THE AUCTION WILL.
COMMENCE AT 12:00 P.M. (NOON). INE IMPOUND LOT WILL BE OPEN UNTIL 2:30 P.M. FOR
REMOVAL OF VEHICLES.
TERMS OF SALE 1. All vehicles sold as is, where Is.
2. All sales final.
3. No vehicles sold to persons under 21 years of age.
4. No vehicle appraised $200 or less can obtain title.
5. MINIMUM of $25.00 on all vehicles.
6. Cash, money order, cashier's checks, traveler's checks, and local checks with
proper Identification are acceptable (MUST PRESENT TWO FORMS OF ID: One photo Identification
such as Driver's License, and a major credit card).
NOTICE — CHECK WRITERS
IF YOU ARE UNABLE TO PROVIDE IDENTIFICATION AS STATED ABOVE AT THE TIME OF PAY-
MENT, YOUR CHECK WILL NOT BE ACCEPTED AND THE VEHICLE WILL BE RFAUCTTONED.
7. All vehicles sold will receive a "Bill of Sale" upon presentation of payment to the City of Aspen
and upon removal of the vehicle from the Impound Lot and the County Dump.
8. All vehicles must be paid for at the time of the auction.
9. The City of Aspen reserves the right to bid on and buy any vehicle. The City may refuse any and
all bids and maintains the right to buy any vehicle In the Auction as first right.
10. You will be required to remove vehicles on the day of the auction; the lot will be open until
2:30 p.m. for this purpose. Please make advance arrangements for removal of vehicles.
11. The dump Is closed on Sunday.
12. If you abandon a vehicle on city or county property, you will be prosecuted for abandoned
vehicle under section CR 18.13-106.
13. The vehicle must be removed from the Impound lot before it can be stripped for parts; you
may dispose of the vehicle afterwards by signing the receipt over to the "County Dump."
VEHICLE AUCTION — JULY 9, 1994
Auction
k Realstered Owner MAM Model X= YM 14"
1. Carcama Delis VW 2dr 1979 1793828517 VCV069
2. no record Toy SW 1978 TE381278W no plate
3. David A. Hoehn VW Van 1978 2282106670 SGZ699 (OR)
4. Craig Bamesbager Plym 4dr. Fury 1964 3341274209 VCN629
5. Nicole Killock Ford Van Club Wagon 1973 E21GIIR70653 no plate
6. Grant Sutherland VW 2dr. Babbitt 1980 17AO873051 VCR173
7. Shelley Anne Spalding Ford SW Granada 1992 IFABP2839CGI43335 IDW699 (CA)
8. Jeff Finesilver Ford Van 1972 E34GHN72470 0211ZG
9. Francisco Javier Munoz Olds 2dr. 1979 3M47F9M462766 EPA043
10. Jose Guadalupe Morales Renault SW 1984 VFIFD35B9E1000458 no plate
11. Irene Kralich Chevy 2dr.Monte Carlo 1978 I737USZ416544 EMB6148
12. Gregory Hail VW Van 1971 2212l47931 EVB619
13. Christopher J. Roth AMC Jeep Wagoneer 1977 J7AI5MZO90277 828BW (MA)
14. no record Dodge 2dr. 1968 DL23F8D275600 WIB275 (CA)
15. Paul L. Anderson VW 2dr. 1968 118355337 EVT582
16. Karen Elise Ellis Merc 2dr. 1982 IMEBP82F4CZ638576 PEY508 (GA)
17, Joseph Edward Deveydt Honda 2dr. CVCC 1978 SJE3103234 FTV700 (AZ)
18. Dylan Gibson Toy 2dr.Corolla 1976 TE37576898 VCX414
19. Edward Stephen Frease VW 3dr. 1982 IVWBG0171CV055531 VCT692
20. Jerks Ann Rovsek AMC Jeep 1983 1 JCNJ I SN2DT040953 USASPEN (CA)
21. Debra Meslas Ford P/U Courier 1973 SGTANA20764 ILM-074
22. James S. Scruggs Toyota 2dr. 1973 TE21659154 VCJ330
23. Christopher Roth Canoe
Published In The Aspen Times June 24, July 1 and 8, 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 staffs 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.
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
i L,
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
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
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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
•
•
October 20, 1994
Mr. Joseph T. Zoline
900 Stage Road
Aspen, CO 81611
Dear Mr. Zoline;,
PLANNING & ZONING DEPARTMENT
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.
public hearing.
Si cerely,
Leslie Lamont, Deputy Director
Sorry you missed the
130 SOUTH GALENA STREET • ASPEN, COLORADO 81611 • PHONE 303.920.5090 • FAx 303.920.5197
Printed m n ded paper
• AGENDA •
September 26, 1994
5:00 COUNCIL MEETING
I. Call to order 40N
II. Roll call �r-►r ^� .
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) Councilmembers' coi—nments
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
$1,075,000.00 Aspen, Colorado
August 10, 1987
This Note is executed this loth day'of August, 1987, by the
City of Aspen, a municipal corporation organized under the laws
of the State of Colorado ("Maker"), in favor of the.Zoline
Foundation, a not -for -profit corporation organized under the laws
of the State of Illinois ("Holder").
1. Promise to Pay. For value received, Maker hereby
promises to pay to the order of Holder the principal sum of
$1,075,000.00, without notice or grace, together with interest at
the rate of 10% per annum from the date hereof on the unpaid
balance of principal outstanding from time to time as hereinafter
provided, all in lawful money of the United States of America
which constitutes legal tender for payment of debts, public and
private, at the time of payment, such principal and interest to
be paid as provided herein.
2. Payment Provisions.
(a) Installments of accrued interest in the amount of
$261875.00 each shall be due and payable on November 10, 1987,
and on the 10th day of each February, May, August and November
thereafter to and including August 10, 1993.
(b) Installments of principal in the amount of
$107,500.00 each shall be due and payable on August 10, 1993, and
on August 10 of each year thereafter to and including August 10,
2002.
(c) On November 10, 1993, and on•the loth day of each
February, May, August and November thereafter to and including
August 10, 2002, installments of accrued interest on the
principal balance of the Note then outstanding shall be.due and
payable.
(d) The entire unpaid principal balance and accrued
interest thereon shall be due and payable August 10, 2002. A
schedule of interest and principal payments, assuming no pre-
payments of principal, is attached to this Note and incorporated
herein by this reference.
3. Place of Payment. Payment shall be made by Maker to
Holder at c/o Joseph T. Zoline, 674 North CanXon Drive, Beverly
Hills, California 90210 or at such other address as may be
designated from time to time by Holder by written notice to
Maker.
4. Prepayment Privilege. Maker shall have the right to
prepay any or all of the principal balance of the Note at any
time, provided that any such payment shall first be applied to
pay accrued interest on the Note to the date of such payment and
the balance thereof shall be applied against the principal
installments provided for herein in the inverse order of their
maturity.
5. Default.
(a) The failure of Maker to pay any installment of
interest or principal when duelhereunder shall constitute a
default.
of Trust and the property which is the subject of the Pledge
Agreement referred to in Paragraph 7 above. Upon, the occurrence
of a default as defined in Paragraph 5 hereof, and its
continuance for thirty days after written notice thereof to
Maker, Maker shall, upon Holder's written request reconvey to
Holder all of the property covered by the Deed of Trust and
Pledge Agreement referred to in Paragraph 7 free and clear of any
liens or encumbrances, except that imposed by the Deed of Trust
and the Pledge Agreement. Nothing herein shall deprive Holder of
its right to foreclose upon the property which is the subject of
said Deed of Trust and the property which is the subject of said
Pledge Agreement, but Maker shall not be liable for any
deficiency judgment in any foreclosure proceeding.
9. Waiver of Demand, etc. Maker and all parties now or
hereafter liable for the payment of this Note, primarily or
secondarily, directly or indirectly, and whether as endorser,
guarantor, surety, or otherwise, severally waive presentment,
demand, notice of dishonor and of nonpayment, protest and notice
of protest, and diligence in collection, and each consents to
substitution, release, or impairment of collateral, the taking of
additional collateral, extensions of time for payment, renewals
of this Note, and acceptance of partial payments, whether before,
at, or after maturity, all or any of which may be done or made
without notice to Maker or any of said parties and without
affecting its and their joint and Several liabilities to Holder.
10. Successors to Maker or Holder. The term "Maker" as
�_.
u... -.
1
(b) The taking.of'any action by Maker, or.omission to
take any action, which shall result in the imposition of a lien
superior to that imposed by the First Deed.of Trust or Pledge
Agreement referred to in Paragraph 7 hereof shall also constitute
a default-
(c) Upon the occurrence of any default under this Note
which is not remedied within thirty days after written notice to
Maker the maturity of this Note may be accelerated and the entire
balance of pri.nci.pal and accrued interest shall become at once
due and payable.
6. Costs of Collection. Make and all parties now or
hereafter liable for the payment of this Note, primarily or
secondarily, directly or indirectly, and whether as endorser,
guarantor, surety, or otherwise, agree to pay all costs and
expenses, including reasonable attorneys' fees, incurred in
collecting this Note or any part thereof or in preserving,
securing possession of, or realizing upon any security for this
Note, whether or not legal proceedings are commenced.
7. Security for Note. The prompt payment when due of all
installments of interest upon and principal of this Note is
secured by a Deed of Trust upon certain property in Pitkin
County, Colorado, and by a Pledge Agreement, both of even date
herewith.
8. Non -Recourse. In the event of default hereunder,
Holder shall not be entitled to enforce payment out of any assets
of Maker other than the property which is the subject of the Deed
3
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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
ti AV
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
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.
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
establish whether or not said area is eligible for annexation pursuant to the Municipal Annexation
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
2
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•
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
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
y
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" 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:
City anager,
Cit f Aspen
130 S. Galena St.
Aspen, Colorado 81611
Dated: AP,-,
Chi f Engineer,
Department of TransportatioJ State of Colorado
4201 East Arkansas Avenue
Denver, Colorado 80222
Dated:/Jr,
Chief Clerk
Department of Transportation, State of Colorado
4201 East Arkansas Avenue
Denver, Colorado 80222
3
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MEMORANDUM
To: John Worcester, City Attorney
Thru: Bob Gish, Public Works Director
From: Chuck Roth, City Engineer 0_�,
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:
M93.Z57
(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.
0
•
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
TeleCommunicat ions (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. Existinp, 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
General
Road & Bridge
Social Service
Open Space & Trails
Colo Mtn College
Colo River Cons
Housing G.O. Bonds
Aspen Fire
Aspen Valley Hospital
Library Fund
Ambulance District
Aspen Sch Distr - Gen'1
Aspen Sch Distr - Bond
6. Effect on School District
District No. 1
General
Road & Bridge
Social Service
Open Space & Trails
Colo Mtn College
Colo River Cons
Housing G.O. Bonds
City of Aspen
Aspen Fire
Aspen Valley Hospital
Aspen Consolidated San
Library Fund
Ambulance District
Aspen Sch Distr - Gen'1
Aspen Sch Distr - Bond
(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.
tiw1.us
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, Yegion Three, Colorado
Department of Transportation, has checked the accuracy the map accompanying this
petition and the legal description of the real property propr
ed 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.
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.
ra
•
0
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:
Dated:
zolinc.nnn
City Manager,
City of Aspen
130 S. Galena St.
Aspen, Colorado 81611
Chief Engineer,
Colorado Department of Transportation
4201 East Arkansas Avenue
Denver, Colorado 80222
91
•
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
L9J.99
•
•
Annexation Impact Report
f
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 Ajlreement
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
General
Road & Bridge
Social Service
Open Space & Trails
Colo Mtn College
Colo River Cons
Housing G.O. Bonds
Aspen Fire
Aspen Valley Hospital
Library Fund
Ambulance District
Aspen Sch Distr - Gen'1
Aspen Sch Distr - Bond
6. Effect on School District
District No. 1
General
Road & Bridge
Social Service
Open Space & Trails
Colo Mtn College
Colo River Cons
Housing G.O. Bonds
City of Aspen
Aspen Fire
Aspen Valley Hospital
Aspen Consolidated San
Library Fund
Ambulance District
Aspen Sch Distr - Gen'l
Aspen Sch Distr - Bond
(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?.its
DEC
PIE 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 -- City/Zoline Open Space to the
City of Aspen
Dear Mr. Moston:
This is to request that CDOT join the City of Aspen in fili.nr,,
petition for annexation of certain property, including portions
of State Highway 82, to -the City Council of the City of Aspen.
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 procedu,.-a.i
directive number 1303.1 entitled "Annexation of Department Lana
to City and Town" that the Department's Chief Engineer and Sll..,�ff
Right -of -Way Manager will need to approve the petition. Plea.
note that the proposed annexation will include the full width ,Y
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 i;,( a
call. Thank you for your cooperation and attention to this
matter.
Sin rely,
Amy L. argerum
City ager
ALM/mc
Enc.
jw1220.I
130 SouTH GALENA STRELT • ASn.v, COLORADo 81611 • Ptiom 303.920.5055 - 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 DirectoNI
•
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 f 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
0
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
C
•
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:
Dated:
zolinc.ann
City Manager,
City of Aspen
130 S. Galena St.
Aspen, Colorado 81611
Chief Engineer,
Colorado Department of Transportation
4201 East Arkansas Avenue
Denver, Colorado 80222
W.
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 40031102/1 E, 397.79 feet; thence
S 00°58104" 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 60051' 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 60051' 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 54021' E, 659.9'I feet);
thence S 47051' 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 89051120/1 E, 202.44 feet);
thence S 48012142/1 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 42021108/1 E, 56.02 feet);
thence departing the northerly right -of --way and
southerly Annexation boundary S 39011' 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 42021108/1 W, 61.13
feet); Thence N 48012142/1 W, 132.06 feet; thence N
47051' 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 54021' W, 637.33 feet); thence N 60051' 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 36016129/1 E, 100.00 feet to a
point on the northerly Highway right-of-way; thence N
00-5810411 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 0202810411 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 8504213311 E, along said County Road
right-of-way 7.72 feet; thence continuing along said
southerly right-of-way N 8800013911 E, 857.50 feet;
thence S 0701610911 W, 763.01 feet; thence S 3602114211
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
b
EXHIBIT "A"
CTTY/ZOLINE OPEN SPACE DESCRIPTION
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 Be ing nine; 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
M9.9a
F
•
11: C
STATE HIGHWAY 82 DESCRIPTION
1 0
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
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 60051' 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 54021' E, 659.97 feet); thence S 47051' 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 48012'42" 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 49021'08" W, 61.13 feet); thence N 48°12'42" W, 132.06 feet; thence N 47051' 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
57017'35" W, 719.34 feet); thence departing the south highway right-of-way N 36°16'29"
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 57017'35" 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
M9428
0
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Pi t ki n Count y.
�T1 City of AsP a---
SOUTH QUARTER COINER OF S TION 2
BUREAU OF LAND ��NAGENENT BRASS CAP
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I21
CITY ENGINEER CERTI FI CATE
THI S ZOLI NE ANNEjjk' %AiQ#A,, MAP WAS PREPARED BY THE CI TY ENGI NEER,
ASPEN, COLORADQAf0�,�jjjOVED ON THEgP�TPDAY OF f 199
Pi t ki n County
City of Aspen
1
0
CI TY/ Z OL 1 NE
OPEN SPACE
ANNEXATION
EXI STI NG & PROPOSED LAND USE PATTERN: PORTI ON OF AREA HAS BEEN
USED AGRICULTURALLY AND IS BEING DEVELOPED AS A GOLF COURSE.
REMAINDER OF AREA HAS BEEN AND W LL REMAIN COLORADO STATE
ANNEXATION DESCRI ►TI ON
� parcel of land i n Soetl one 2 and 11, Tovrnshi p 10 South, Range 85
Ibet of the BI xth Pr nci al Mari di on, PI tkl n County, Colorado.
rho parcel being more f u�I y described as f of I ova:
Begi nni ng at a pal nt whence t he $out h Quarter Car nor
of Saction 2, a Joe Bureau of Land Management Brass
Cap monument bears S 4Os31'02" E, 397.79 feet; thence
S 00s58' 04" W 964.49 foot to the northerly f I ght - of -
way of Col or ado St at a Highway No. 82; t hence east or I y
along said northerly rioht-of-wsy (according to the
Colorado Depar t IrAont of HI phwa�rs Map for Pro) act No.
201 2- B) the f of I owl ng S 6gs51 E, 168. 83 foot t o the
southwesterIy Car nor of the Open Space Annexation No.
1, to the Ci ty of Aspen, as recorded In the Pi tki n
County r ecor ds; t hence cont f nui ng easterly along sal d
northerly r i ght - of -way and the sout her l y boundary of
sold Annexat) on S 6Oo51' E, 924.25 feet to the
begi nni ng of a curve to the ri 88ht, the arc length being
661.39 feet, the r adi us bei ng 2915. 00 feet, (the I Ong
chord for said curve bears S 54e21' E, 659. 97 f eat ) ;
thence S 47e51' E, 1702.30 feet to a Colorado State
Hi ghway monument, (the East Quarter Corner of Sect on
11, Townshi p 10 South, Range 85 V*st of the Si xt h
Pr i nci pal Meri di an bears N 89e51' 20" E, 202.44 feet) '
thence S 48o 12' 42" E, 132. 06 feet to the begi nni ng of a
non-t angent curve to the I eft, the arc length being j
56.03 feet, the r adi us bei ng 1096.00 feet, (the long I]
chord for said curve bears S 49e21'08- E, 56.02 feet);
thence departing the northerly right -of - Nos `:• ar+d
Bout herl y Annexat i on boundar y S 3Sx11' W, 100.00 f e e t
on a radial I f no to the souther) y Hi --hway ri ght - of - way
and the northerly corner of the City Thorns Property
Annexation as recorded i n PI at Book 14 at page 26 of
the Pi tki n County records; thence westerly along sal d
southerly r i ght-of- way and depar t i ng said Annexat i on
al ong a non- t angent curve to the r i ght, the arc I engt h
being 61.14 feet, the r a d I us bei ng 1196.00 feat, (the
ong chord for sai d curve bears N 49or2l'08- W, 61. 13
f eat ) ; Thence N 48o 12' 42- W. 132. 06 feet; t hence N
47e51' W, 1702.30 feet to t he begi nni ng of a cur ve t o
t he 1 of t , the arc 1 engt h bei na 638. 70 feet, t he r adi us
bei ng 2815. 00 f e e t , ( t he I Ong chor d f or sai d cur ve
bears N 54s2l' W, 637. 33 feet) ; thence N 80e5l' W,
1823, 89 f e e t t o t he begi nni ng of a curve t o t he r i ght ,
the arc I engt h bei ng 719. 81 f eat, the r adi us bei ng
5780.00 feet, (the long chord for said curve bears N
57o17' 35- W, 719.34 feet) ; t hence depar t i ng the south
hi ghway r i ght-of- way N 36e 1 6' 29- E, 100.00 feet to a
poi nt on t he nort her I y Hi ghway r f ght - of - way; thence N
00e58' 04" E, 226. 41 f eet sl ong t he west o►l y boundar y of
Lot 21 ) n Sect i on 2. Townshi p 10 South, Range 85 VAbst
of the Si xth Pr nci pal Mar i di an; thence N 02e28' 04- E,
1308.04 feet al ong sai d Lot 21 and Lot 17' s weat er I y
boundary to the souther! y rf ght-of-way ofthe Pitki n
County Road No. 12- A; thence depar t i ng sai d west er I y
Lot boundary S 85o42' 33- E, along said County Road
r i a h t - of - i_%-a? r_ 72 f , - thee;.•_ Cant i nu n, a n
southerly rigght-of-%vay N 88o00'39" E, 857,50 feet;
thence S 07e16' 09" W, 763.01 feet; thence S 36e2l' 42-
E, 725. 00 f eet mor a or I as s t o t he poi nt of Begi nni ng.
Cantai ni ng 57. 15 Acres, more or I ass.
This descri pti un was written by Louis H. Buettner, LS 13166.
0040 W SoprI s Creek Road, Basal t, Col or ado
Curve
Arc Radius ChurdLength
C1
661. 39'
2915. 00'
S
54a21' 00-
E
669. 97'
C2
56. 03'
1096. 00'
S
49921' 08"
E
56. 02'
C3
61. 14'
1196. 00'
N
49s2l' 08-
W
61. 13'
C4
638. 70'
2815. 00'
N
64921' 00'
W
637. 33'
C5
719. 81'
5780. 00'
N
57017' 35-
W
719. 34'
1
S
OOe68' 04-
W
964. 49'
2
S
60o51' 00"
E
158. 83'
3
S
60051' 00'
E
924. 25'
4
S
47s51" 00"
E
1702. 30'
5
S
4891 2' 42"
E
1 32. 06'
6
S
39e11' 00-
W
100. 00'
7
8
N
N
48e12-42'
47e51' 00-
W
W
132. 06'
1702. 30'
If
IN
weesl`aff'
W.,.,
ts8ac >lFt .•;w"a .... ..,...
10
11
N
N
38e16' 29'
00e58' 04"
E
E
100. 00'
226. 41'
C
12
13
N
S
02a28' 04'
86e42' 33'
E
E
1308. 04'
7. 72'
14
N
88000' 39'
E
857. 50'
15
S
07e 1 6' 09'
W
763. 01'
16
S
36s21' 42-
E
725. 00'
w'Y�• T1 S 40e3l' O2" E 397. 79'
v<� T2 N 89e5l' 20- E 202, 44'
T 2 QJ `
N v (< D
II 1 2 EAST QUARTER CORNER
7 „<
SEC. 11, T10S, R86W 6 PM
C 3 o o C
i a o0
9ScaI a 1 3 00'
CITY OF ASPEN APPROVAL
THIS ZOLI NE ANNEXATION WAS APPROVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, PI TKI N COUNTY, COLORADO, BY ORDINANCE NO. ,
SERIES OF 199_ , PASSED THE -DAY OF , 199_.
ACCE PTt,-,ACE FOR RE CORDI NG
STATEMENT OF CONTI Gill TY
THIS PLAT OF THE ZOLI NE ANNEXATION WAS ACCEPTED FOR FI LI NG IN
THE OFFICE OF THE CLERK & RECORDER OF PI TKI N COUNTY, COLORADO, CONTIGUOUS DISTANCE = 3, 576. 03 FEET
ON THE -DAY OF 199. IN PLAT BOOK -AT PAGE TOTAL PERIMETER 13, 764.93 FEET THIS MAPI DRAW NG Is A GAAPHI CAL
UNDER RECI'PTI ON NO. CONTI GUI TY - 28% ( Wil CH 1 S GREATER THAN 1 / 6) REPRESENTAN ON of THE FEATURES
DE►1 C7ED AND I i NOT A LEGAL
REPRESENTATION. THE ACCURACY
MAY r'HANGE DE Pi NG ON THE
ENLARGEMENT OR REDUCT!ON.
CHARLES E. R
E NO. 28407
MAYOR
ATTEST: CITY CLERK
CLERK AND RECORDER
I