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HomeMy WebLinkAboutcoa.lu.rz.440 Maroon Creek Rd.A010-99 """ , Ii ~~~. TO: THRU: FROM: RE: DATE: 1"'"\ MEMORANDUM Mayor and City Council i""""\ Amy Margerum, City Manager John Worcester, City Attorney Julie Ann Woods, Community Development Director Christopher Bendon, Planner ~ Iselin Park Rezoning - 2nd Reading & Public Hearing (cont. from March 22nd) Ordinance No.3, Series of 1999 April 6, 1999 SUMMARY: The City of Aspen has recently armexed a 21 + acre tract of land known as "Iselin" and "Rotary" Parks. As part of the statutory requirements of armexation, the City has an obligation to zone the property within 90 days of the armexation. In Pitkin County, the property straddled two zone districts. The northern half of the land was zoned AFR-2 and the southern half AFR-10. Both of these zone districts permit single-family residential uses and general outdoor recreational uses. The Community Development Department's original recommendation was to zone this parcel Public (PUB). This City zone district allows for the current use and the uses being considered in the master plarming effort. The Public Zone also allows, however, for uses not being considered, such as hospital, fire station, and museum, which raise concerns with neighboring property owners. The Park Zone District allows for the current land use and allows for all uses being considered in the master plarming effort with the exception of affordable housing. (The Planning and Zoning .commission requested the development team investigate the possibility of including a few units of affordable housing to offset the generation of additional employees by the project.) The City Attorney expressed concern about the City Council considering the Park Zone District while the public noticing identified the Public Zone District and requested the hearing be continued and the neighbors re-noticed. The public hearing has been re-noticed for consideration of the Park Zone District. The property was posted, the property owners within 300 feet ofthe property were mailed notice, and a legal notice was published in the Aspen Times. Staff recommends City Council adopt Ordinance No.3, Series of 1999, to rezone Iselin and Rotary Parks to the Park Zone District. 1 ,1"""\ ,~ ApPLICANT: Community Development Department, City of Aspen. LOCATION: 450 Maroon Creek Road (Moore Pool). Located west ofthe School Campus. ZONING: Pitkin County Zoning: AFR-2 for the northern portion. AFR-10 for the southern portion. Proposed City Zoning: Park (P) Zone. A copy of the proposed zoning is attached as Exhibit B. LOT SIZE: 21.269 acres. CURRENT LAND USE: Active and passive open space and recreation. Municipal pool and tennis courts. PROPOSED LAND USE: The City Parks and Recreation Departments are considering a redevelopment of this parcel to accommodate an indoor public ice rink, pool, ball fields, and affordable housing. The proposed Park zoning would accommodate all the uses being contemplated with the exception of affordable housing. The Planning and Zoning Commission recommended the Public Zone by a 6 to 0 vote. PROPOSED LAND USE: The parcel was annexed into the City on January 11, 1999. The Planning and Zoning Commission reviewed this zoning request on March 2, 1999, and recommended the Public Zone District. The latest conceptual development plans were reviewed during a work session with the development team. REVIEW PROCEDURE: Rezoning. Upon receiving a recommendation from the Planning and Zoning Commission and the Community Development Director, the City Council shall consider the application at a public hearing and approve, approve with conditions, or deny the rezoning request. BACKGROUND: The subject property was annexed into the City of Aspen on January 11, 1999. According to State statute, the City must rezone the property within 90 days of the final annexation. The property was zoned AFR-2 and AFR-10 in Pitkin County. These are low-density residential zones. 2 .;; .' r-.. f""': STAFF COMMENTS: The City Planning Department originally recommended the Public Zone District because it represented the best possible "fit" with the uses being considered in the Iselin Park Master Plan. The Public Zone District allows for public recreational facilities and for the provision of affordable housing on-site -- a use not allowed in the Park Zone. The Public Zone also allows for uses, such as a museum, which are not part of the current planning concepts. After concerns were raised by the neighbors over the provisions of the Public Zone District, the Community Development Department is recommending the Park Zone District as an appropriate zoning which does not allow for uses not being considered in the master planning effort. Review criteria and Staff Findings have been included as Exhibit A. A copy of the Park Zone District requirements has been provided as Exhibit B. A vicinity map has been included as Exhibit C. RECOMMENDATION: Staff recommends City Council adopt Ordinance No.3, Series of 1999, rezoning Iselin and Rotary Parks to the Park (P) Zone District with no conditions. RECOMMENDED MOTION: "I move to adopt Ordinance No.3, Series of 1999." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Comments Exhibit B -- Park (P) Zone District provisions Exhibit C -- Vicinity Map 3 r-, r1 I FeAt nF~RIP110N :y IREA A lRACT OF lAND LOCAlEO iN lHE SWI/... OF SEClION II AND lHE NWI/'" OF SEClION I'" ALL IN 1I0S. R85W OF lHE 6lH P.M.. COUNlY OF PI11<IN. STATE OF COLORADO. DESCRIBED AS FOLLOWS: BEGINNING AT lHE SV'" ,CORNER OF SAID SECTION II. lHENCE 539'51'00'W. 1061.60 FEET ALONG lHE SouTJ,lEASTERL Y UNE OF lHA T lRACT OF lAND AS DESCRIBED IN DEED RECORDED IN BOOK 119 AT PAGE 40 OF lHE RECORDS OF PI11<IN COUNlY. COLORADO; , lHENCE N...2'35'OO'W, 372.00 FEET ALONG lHE SOUlHWESTERL Y UNE OF lHA T lRACT OF LAND AS DESCRIBED IN SAID BOOK 119 AT PAGE 40; lHENCE N90'oo'oo'W, 178.75 FEET ALONG lHE SOUlH UNE OF lHA T lRACT OF LAND AS DESCRIBED IN SAID BOOK 119 AT PAGE 40 TO lHE APPROXIMATE CENTER- UNE OF MAROON CREEK; lHE FOLLOWING FlIIE (5) COURSES AND DISTANCES ARE ALONG lHE APPROXIMATE CENTERUNE OF SAID MAROON CREEK; N3IeOS'20.W, 51.37 FEET; N07"29'45'E, 167.28 FEET; NI8'51'21'E, 86.99 FEET; NI5'02'2B'E, 188.91 FEET; NI0.01'03'W. 71.19 FEET TO lHE SOUlH UNE OF lHE SWI/... OF SAID SEClION II; lHENCE. LEAVING lHE APPROXIMATE CENTERUNE OF SAID MAROON CREEl<. 589' 48'20'E, 26.91 FEET ALONG lHE SOUlH UNE OF lHE SWI/'" OF SAID SEClION II AND lHE SOUlHERL Y UNE OF MAROON CREEK CLUB SUBDIVISION (SOUlH) AN ANNEXA liON MAP RECORDED IN BOOK 4/ AT PAGE 76 IN lHE RECORDS OF PI11<IN COUNlY. COLORADO; lHENCE NOo'I""51'W. 20l.B2 FEET ALONG lHE EASTERLY UNE OF SAID MAROON CREEK CLUB SUBDIVISION (SOUlH) ANNEXA liON; lHENCE N33.0I'1....E. 281.07 FEET ALONG lHE EASTERLY UNE OF SAID MAROON CREEK CLUB SUBDIVISION (SOUlH) ANNEXA liON; lHENCE N02'16'09'W. 26....36 FEET ALONG lHE EASTERLY UNE OF SAID MAROON CREEK CLUB SUBDIVISION (SOUlH) ANNEXA liON TO lHE NORlHEASTERL Y UNE OF lHAT lRACT OF lAND AS DESCRIBED IN DEED RECORDED IN BOOK 789 AT PAGE 21... OF lHE RECORDS OF PI11<IN COUNlY. COLORADO; lHENCE 556'32'30' E, 605.85 FEET ALONG lHE NORlHEASTERL Y UNE OF lHA T' lRACT OF lAND AS DESCRIBED IN SAID BOOK 789 AT PAGE 21... TO lHE NORlH- WEST CORNER OF lHA T lRACT OF lAND AS DESCRIBED IN DEED RECORDED IN BOOK 341 AT PAGE 127 OF lHE RECORDS OF Pll1<lN COUNlY. COLORADO; lHENCE 556'32'20'E, 1.......15 FEET ALONG lHE NORlHEASTERL Y UNE OF lHA T TRACT OF lAND AS DESCRIBED IN BOOK 34/ AT PAGE 127 TO lHE NORlHWEST CORNER OF lHAT TRACT OF lAND AS DESCRIBED IN DEED RECORDED IN BOOK 246 AT PAGE 962 OF lHE RECORDS OF PI11<IN COUNlY. COLORADO; lHENCE SOUlHEASTERLY. 129.76 FEET ALONG lHE ARC OF A CURIIE CONCAIIE TO lHE NORlHEAST AND ALONG lHE NoRlHEASTERLY UNE OF lHAT lRACT OF lAND AS DESCRIBED IN SAID BOOK 246 AT PAGE 962. SAID ARC HAVING A RADIUS OF 700.00 FEET. A CENlRAL ANGLE OF 10.37'1...., AND BEING SUBTENDED BY A CHORD lHA T BEARS 561'12'27'E, 129.57 FEET; lHENCE 589' 48'20'E, 50.85 FEET ALONG lHE NORlHEASTERL Y UNE OF lHA T lRACT OF LAND AS DESCRIBED IN SAID BOOK 246 AT PAGE 962 TO lHE NORlHEAST CORNER lHEREOF; 'FESSlONAL INFORMA liON ERK AND -' ~~A Ii T I .Orz1\lI\C1l\ce.. ?,l~~~ :1 .~ .'" , ,tI""'\ r-,. EXHIBIT A STAFF COMMENTS: Iselin Rezoning Section 26.92.020, Standards Applicable to Rezoning In reviewing an amendment to the official zone district map, the City Council and the Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding: The proposed zoning is consistent with the Land Use Code and does not represent any potential conflicts. The Park zoning requires all development on the site to proceed through the PUD process in order to determine the appropriate dimensional requirements, parking, general impacts, and intensity of uses. Therefore, before any development occurs, the Planning and Zoning Commission and Council will have the opportunity to review the proposal under a PUD process. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding: The 1993 AACP identifies the Iselin and Rotary Park parcel with the following suggested action: Expand Iselin Park for organized recreational activities, and incorporate the Rotary Club proposal for a passive park and semi-active park. The Park Zone District is appropriate for these types of proposed uses. This zone does not allow for affordable housing, which may be a desirable element for the final program. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding: Surrounding the site is the public school campus, medium-density residential, and Maroon Creek. There is a proposed bridge linking the parks with the base area of Tiehack. The Park Zone allows for uses compatible with the surrounding area. The subsequent PUD process will determine the intensity of those uses allowed and any mitigation measures to offset adverse impacts to the surrounding area. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding: The level of development and its level of traffic generation and impacts on road safety will be evaluated through the PUD process. Traffic, transit, pedestrian facilities, and overall road safety have been issues raised by the Commission in work sessions with the Parks Department. These issues will remain important elements in the planning process. The existing and potential level of traffic in the area must combine with the high level of existing and potential pedestrian movements in a safe manner, especially considering the age of the pedestrians and peaks in level Staff Comments 1 f"""'\ ~ of activity. Transportation issues, the acceptable level of trip generation, and the most appropriate and safe design will be determined and required through the PUD process. The project team includes a traffic consultant who will address transportation in detail. The development program for the parcel is in the conceptual stages. The applicant realizes that safe transportation is a primary design parameter and has made specific accommodations in designing the site. This zoning does not allow development as of right to occur without full review as a PUD, and the Parks Department has been very cooperative in accommodating the concerns of staff and the Commission in programming the site. E. Whether and the extent to which the proposed amendment wonld result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding: The zone district designation will not, itself, have an effect on the provision of public facilities. Again, this topic is a criterion ofPUD and ofGMQS. Applicants are required to provide letters of intent for services which the development affects, and upgrades to the system or other appropriate mitigation measures are typically required iffound to be necessary. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment Staff Finding: The natural features of the site are being considered with the master planning effort. The river corridor, recreational connections, transit, and use schedules with the surrounding parcels are all being considered to reduce the level of impact the development may have on the natural environment. The Park zoning designation will not adversely affect the natural environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding: The Parks Department has been working with the surrounding property owners to achieve a reasonable compatibility with the neighborhood. This process will continue. Staff believes the master planning effort is consistent with the AACP and that the Park zoning is compatible with the City character. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: Annexation of the property into the City of Aspen is a condition which requires this process. The Park Zone District allows for the current use of the property and allows for the uses being considered in the master planning effort. Staff Comments 2 1""""-, ('\ I. Whether the proposed amendment would be ill conflict with the public illterest, and is in harmony with the purpose atld illtent ofthis title. Staff Finding: This proposed Park Zone District does not pose any conflicts with the public interest. The AACP specifically reflects a community desire for increased recreational facilities at this location, and the flexibility to accommodate employee housing on-site for those additional jobs created by the development represents good land use planning and should be encouraged. Staff believes this zone district will promote the purpose and intent of this Title and will be in harmony with the public interest. Staff Comments 3 1""'\ ,..-. EXHIBIT B 26.28. 240 Park Zone District A. Purpose. The purpose of the Park (P) zone district is to ensure that land intended for recreation use is developed so as to serve its intended use, while not exerting a disruptive influence on surrounding land uses. When a Park (P) zone district is designated with a Transportation Overlay (T) zone district designation, its purpose is to provide for the use off or both parks and public transportation facilities in the most compatible manner practicable, but with the park character remaining dominant. When a Park (P) zone district is designated with a Drainage Overlay (D) zone district designation, its purpose is to provide for the use of both park and drainage system facilities in the most compatible manner practicable, with the park character remaining dominant. When the Park (P) zone district is designated both with the Transportation Overlay (T) zone district and the Drainage Overlay (D) zone district, its purpose is to provide for the use of parks, public transportation facilities, and drainage system facilities in the most compatible manner practicable, with the park character remaining dominant. When the Park (P) zone district is designated Golf Course Support (GCS) Overlay zone district, its purpose is to provide for the use of public golf courses and adjacent support facilities in the most compatible manner practicable, with the park character remaining dominant. B. Permitted uses. The following uses are permitted as of right in the Park (P) zone district. I. Open-use recreational facility, park, playfield, playground, golf course, riding stable, nursery, botanical garden; and 2. Accessory buildings and uses. C. Conditional uses. The following uses are permitted as conditional uses in the Park (P) zone district, subject to the standards and procedures established in Chapter 26.60. I. Recreation building; 2. Sport shop; 3. Restaurant facility; and 4. Park maintenance building. D. Dimensional requirements. The dimensional requirements which shall apply to all permitted and conditional uses in the Park (P) zone district shall be set by the adoption of a conceptual development plan and final development plan, pursuant to Chapter 26.84, Planned Unit Development. E. Off-street parkhig requirement. The following off-street parking spaces shall be provided for each use in the Park (P) zone district subject to the provisions of Chapter 26.32. 1. Lodge use: I space/bedroom 2. Residential use: N/A 3. All other uses: Requires special review pursuant to Chapter 26.64. (Ord. No. 22- 1995, ~ 6: Code 1971, 9 5-219) ,,/~~ .) "\ .~ r~G~,~d:, C- . ,""" ~ {\~ ,~.. ke\,,^ 0,,^,,i^~ ~~~ "'-:: 0> q [ "= Hi-!! I . I r I=--/ ( ;:J "I" 'I; II r ~ Maroonl~ ) A .r- .r-') ~ . r<c~ ~ I ~ · -.....J j\- ~I~, I-',V)' - ~;~ ' Viii ~ ,'- ~ IV ~ jV L ......-- ~~..~~~.., l2:']\;J ~~ '<U ~ 'Ut . It. r:~ \ )x ":';i~ "",' '$;, l~ ..~ ' . \ ~ . ~ -, J'j :'-- ~ ~ \ :.. - School Campus w, - =~~ "ll>j 1'" - ,;,"'JY ~~. cI.c >> .'<'} ~~~ IJ..A, IA . r; ~ .d"tI ~"~...u. I....r. II 'YJ/' .~~ Iselin & Rotary Park,~'"}?" II J/f./ .. ~~~ V ~ p~'- 'l:i1 t;t;L, a. ~~ ~ M W',....,W~"" '/U 'E. 'l .1-..' ~::::: . ___ ~~ ,.. ~ , .~ ,;:. . ~ ~~ ~ ~/ ( :d:: ~v ,/ 1/~ xV I ./'~~- \!. /, ~ ~y , l TJlI 't7-I F v fl7r~fJ.-..,.u . ~ J{ '5vf Jj --:- ~ ~ I .J;: I ....--..... ~ ) @ v ~ ';7 ~t L1L iJ ~ ( . I " f 4rJ;~ , .... ./ Z / , /, .\ ... -. I ... ;- ff1 Ii j Jr/:~ i / e I~ ...r/-~ ~ 7 ~ G ~~ ~ I \ ~'" t::y--. i I , .{,.&.,c1i.-. ,.".-!tdiVJ-.._-_!JZ&1~_.._---_._-.f;vtt{~,../1etza~."..... " ]~~U~~~- , .JeZ ,.__ ,..,,'. ... .,:1"" "".,.l~,e....(k~ .(/w~....&2atd_---e&--~ "! r", ,t""', J !! ;~1-' 'flU ... ~;,..Il# :I HI ! ~o. f~~'- '-'--1'1 .i, I , ..~ ~ 11 : '.'n-' I _"";J. ..___'n .--,-~'t'.-.. :! " " ,;i ,---",,':"j " , I -------:'r--." , ~ I iTr "i iii "I :,i . "~'I ::i ,,, i,1 ,I :'i ~I 'il , ~ I I_'i '-~"Trr iii .-~~., I:, iii ,",~.i-",,_ ,1! i;i 111 :1! ----~-r. i!1 ~-i-t--_.._-_. ili 1'1 'il 'in i;1 ,'1 - -"T":1 :i '-'iTI ':o.'GI '-. '- r----. County of Pitkin } } State of Colorado } ss. I, (J;\~\S ~ ~ Attachment 8 AFFIDAVIT OF NOTICE PURSUANT TO ASPEN LAND USE REGULATIONS SECTION 26.52.060(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 26.52.060(E) of the Aspen Municipal Code in the following manner: 1. By mailing of notice, a copy of which is attached hereto, by first-class postage prepaid U.S. . Mail to all owners of property within three hundred (300) feet of the s~bject property, as indicated on the attached list, on the 22 -:%ay of tJ\ ~~ , 199 -l (which is tt days prior to the public hearing date Of~\('t \(0). . 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the;Cd sign was p~sted and visible continuously from theU-~ay of ~~ , 199~t to the ~day of ~ \ , 199~. (Must be posted for at least ten (10) full days before the hearing date ).A photograph of the posted sign is attached hereto. \ QJt~W Signed before me this 'Zj~ay of U- ~c..vd--. 19~. by . .~S ~~\)~. WITNESS MY HAND AND OFFICIAL SEAL My Commission expires ~~ expires: 12/26/2000 -~A, Adtk . Notary Public - - .. -.. '-.-- ...,.... -:. ... - . - ,.. ~ MAROON CREEK LLC 10 CLUB CIRCLE ASPEN, CO 81611 !"""vORE .\LBERTA L PERS RES TRUST . -..I BOX 116 WOODY CREEK. CO 81656 ASPEN SCHOOL DISTRICT 0235 HIGH SCHOOL RD ASPEN, CO 8]611 MAROON CREEK LLC PEARCE EQUITIES 10 CWB CIRCLE .o\SPE)i. CO 81611 LOTS 7 & 8 ~1AROON CREEK LLC C/O GARF]ELD & HECHT PC 601 E HY1vlAN AVE ASPEN. CO 81611 LOTS 7 & 3 y!AROON CREEK LLC C/O GARFIELD & HECHT PC 601 E HYMAN AVE ASPEX CO 81611 HARTRICH JAivlES G PO BOX 12285 ASPEN, CO 31612 L W DEVELOPMENT fNC OATES LEONARD M ESQ C/O 533 E HOPKlNS AVE ASPEN, CO 81611 CARSON L KELLEY PO BOX 8927 ASPEN, CO 31612 BRADFORD DEBORAH PO BOX 4856 ASPEN, CO 3]612 BRADFORD DEBORAH PO BOX 4856 ASPEN, CO 8]6]2 FRAMPTON GEORGE T JR C/O US DEFT OF THE fN7ERIOR 3215 NEWARK STNW W ASHlNGTON. DC 20008 L W DEVELOPMENT fNC OATES LEONARD M ESQ C/O 533 E HOPKlNS AVE ASPEN, CO 8]611 SCHENNUM EARL C JR SCHENNUM CAROL M PO BOX 867 ASPEN, CO 8]QI2 ',-- WOODWARD RALPH H I05WOODWARDLN ASPEN, CO 8]611 r'iBOER MARIL YN S REVOCABLE TRUST .2 E CENTRAL AVE WICHITA. KS aOSIER GERALD D PO BOX 12354 ASPEN. CO 31612 HINES HIGHLANDS LIMITED PARTNERSHIP PO BOX 4970 ASPEN. CO 81611 CHURCH OF msus CHRIST OF LATTER D,c,y STS C/O REAL ESTATE DIVISION 50 EN TEMPLE SALT LAKE CITY. UT 34150 DOREMUS ANDREW J & JEANNE C i8.10i%> 85 GLEN GARRY DR ASPEN, CO 81611 SLATER LAWRENCE J lOn MAROON CRK RD ASPEN. CO 3161] MCCREARY W]LLIA.lVl F & PHILLIS M 9750 AivlANITA A VB TUJUNGA. CA 91042 ~ '--'~ ,......" ~ PUBLIC NOTICE RE: ISELIN AND ROTARY PARK REZONING TO THE PARK ZONE NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 6, 1999 at a meeting to begin at 4: 15 p.m. before the Aspen City Council, Council Chamber, City Hall, Aspen, to consider an application submitted by the City of Aspen requesting rezoning of the property to Park (P). The property is legally described as a tract ofland located in the SW 1/4 of section 11 and the NW 1/4 of section 14, Township 10 South, Range 85 West of the 6th PM, Pitkin County, Colorado. This tract ofland is commonly referred to as "Iselin Park" and "Rotary Park," contains the "Moore Pool," and is located on the west side of Maroon Creek Road near Glen Eagle Drive. For further information, contact Chris Bendon at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO, (970) 920-5072, chrisb@cLaspen.co.us. stJohn Bennett, Mayor Aspen City Council The above referenced item was continued from the City Council meeting held on March 22 to change the zoning from Public (PUB) to Park (P). -. ~ -",:~ - MAROON CREEK LLC 10 CLUB CIRCLE ASPEN, CO 81611 ASPEN SCHOOL DlSTRICT 0235 HIGH SCHOOL RD ASPHI, CO 81611 LOTS 7 & 8 :V1AROON CREEK LLC C/O GARFIELD & HECHT PC 601 E HYl'vlAN AVE ASPEN. CO 81611 HARTRICH JAi'vIES G PO BOX 12285 ASPEN, CO 81612 L W DEVELOPMENT INC OATES LEONARD M ESQ C/O 533 E HOPKINS AVE ASPEN. CO 81611 BRADFORD DEBORAH PO BOX 4856 ASPEN, CO 81612 FRAMPTON GEORGE T JR C/O US DEPT OF THE IN7ERIOR 3215NEWARKSTNW W ASHlNGTON. DC 20008 SCHENNUM EARL C JR SCHENNUM CAROL M PO BOX 867 ASPEN, CO 81612 ,~ ',- ~ORE .\LBERTA L PERS RES TRUST . jBOX [26 WOODY CREEK: CO 81656 ~ ." MAROON CREEK LLC PEARCE EQUlTlES 10 CLLB CIRCLE ASPEOi. CO 816lf LOTS 7 & 8 'vlAROON CREEK LLC C/O GARFIELD & HECHT PC 601 E HY'vIAN AVE ASPEN. CO 81611 CARSON L KELLEY PO BOX 8927 ASPEN, CO 81612 BRADFORD DEBORAH PO BOX 4856 ASPEN, CO 81612 L W DEVELOPMENT lNC OATES LEONARD M ESQ C/O 533 E HOPKINS AVE ASPEN, CO 81611 WOODWARD RALPH H !O5 WOODWARD LN ASPEN, CO 81611 ~BOER MARIL YN S REVOCABLE TRUST 12 E CENTRAL AVE WICHITA. KS HOSIER GERALD D PO BOX 1235" .\SPEX CO 81612 HlNES HIGHLANDS LIMITED PARTNERSHIP PO BOX 4970 ASPEN. CO 816lf CHURCH OF JESUS CHRIST OF LATTER Dc,Y STS C/O REAL ESTATE DlVISION 50 EN TEMPLE SALT LAKE CITY. DT 84150 DOREMUS ANDREW J & JEANNE C 78.1 07% 85 GLENGARRY DR ASPEN, CO 81611 SLATER LAWRENCE J 1072 MAROON CRK RD ASPEN, CO 81611 MCCREARY WILLIAM F & PHILLIS M 9750 AMANITA AVE TUJUNGA. CA 91042 ,~ I""" ... t~{i=..'/ lSd/V! PWIr- (ez&l1i'w; tI)~~ ... A1uFl/JJ1 ()&t- fluCIIJS. . f)vvk/ 1J~l... ~ ' I ~, ?'Z~ 'lJ '~ii ~ ~t 0w. t""". ~ YU'" MEMORANDUM TO: Mayor and City Council ~ Amy Margerum, City Manager John Worcester, City Attorney Julie Ann Woods, Community Develbpment Directo~' Mitch Haas, Interim Deputy Directo*, 7 Christopher Bendon, Planner CJNvW ' Iselin Park Rezoning - 2nd Reading & Pnblic Hearing Ordinance No.3, Series of 1999 THRU: FROM: RE: DATE: March 22, 1999 SUMMARY: The City of Aspen has recently annexed a 21 + acre tract of land known as "Iselin" and "Rotary" Parks. As part of the statutory requirements of annexation, the City has an obligation to zone the property within 90 days of the annexation. In Pitkin County, the property straddled two zone districts. The northern half of the land was zoned AFR-2 and the southern half AFR-10. Both of these zone districts permit single-family residential uses and general outdoor recreational uses. The parcel is owned by the City and managed by the Parks and Recreation Departments. The parcel is currently being planned for expanded municipa:! recreational facilities including an ice rink, ball fields, a redesigned pool, and possibly a few affordable housing units. This memorandum addresses only the rezoning and does not contain any recommendations regarding the redevelopment of the parcel. The Community Development Department recommends the parcel be zoned Public (PUB). This City zone district allows for the current use of the property but removes the provision for single family homes. The Public Zone District provides for affordable housing as a conditional use - a use not allowed in the Park Zone District - and establishes all dimensional requirements of the site through the PUD process. , Staff recommends City Council adopt Ordinance No.3, Series of 1999, to rezone Iselin and Rotary Parks to the Public Zone District. ApPLICANT: Community Development Department, City of Aspen. LOCATION: 450 Maroon Creek Road (Moore Pool). Located west of the School Campus. 1 r-. (1 ZONING: Pitkin County Zoning: AFR-2 for the northern portion. AFR-10 for the southern portion. . Proposed City Zoning: Public (PUB) Zone. A copy of the proposed zoning is attached as Exhibit B. LOT SIZE: 21.269 acres. CURRENT LAND USE: Active and passive open space and recreation. Municipal pool and tennis courts. PROPOSED LAND USE: The City Parks and Recreation Departments are considering a redevelopment of this parcel to accommodate an indoor public ice rink, pool, ball fields, and affordable housing. The proposed Public rezoning would accommodate all the uses being contemplated. The Planning and Zoning Commission recommended approval of the Public Zone by a 6 to 0 vote. PROPOSED LAND USE: The parcel was annexed into the City on January 11, 1999. The Planning and Zoning Commission reviewed this zoning request on March 2, 1999, and reviewed the latest conceptual development plans during a work session with the development team. REVIEW PROCEDURE: Rezoning. Upon receiving a recommendation from the Planning and Zoning Commission and the Community Development Director, the City Council shall consider the application at a public hearing and approve, approve with conditions, or deny the rezoning request. BACKGROUND: The subject property was annexed into the City of Aspen on January 11, 1999. According to State statute, the City must rezone the property within 90 days of the final annexation. The property was zoned AFR-2 and AFR-10 in Pitkin County. These are low-density residential zones. STAFF COMMENTS: The City Planning Department is recommending the Public Zone District because it represents the best possible "fit" with the, uses being considered in the Iselin Park Master Plan. 'The Public Zone District allows for public recreational facilities and for the provision of affordable housing on-site -- a use not allowed in the Park Zone. Review criteria and Staff Findings have been included as Exhibit A. A copy of the Public Zone District requirements has been provided as Exhibit B. A vicinity map has been included as Exhibit C. 2 1"'-, ~ RECOMMENDATION: Staff recommends City Council adopt Ordinance No.3, Series of 1999, rezoning Iselin and Rotary Parks to the Public (PUB) Zone District with no conditions. RECOMMENDED MOTION: "I move to adopt Ordinance No.3, Series of 1999." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Comments Exhibit B -- Public (PUB) Zone District provisions Exhibit C -- Vicinity Map 3 I"""', ~ EXHIBIT A STAFF COMMENTS: Iselin Rezoning Section 26.92.020, Standards Applicable to Rezoning In reviewing an amendment to the official zone district map, the City Council and the Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portioris of this title. Staff Finding: The proposed zoning is consistent with the Land Use Code and does not represent any potential conflicts. The Public zoning requires all development on the site to proceed through the PUD process in order to determine the appropriate dimensional requirements, parking, general impacts, and intensity of uses. Therefore, before any development occurs, the Planning and Zoning Commission and Council will have the opportunity to review the proposal under a PUD process. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding: The 1993 MCP identifies the Iselin and Rotary Park parcel with the following suggested action: Expand Iselin Parkfor organized recreational activities, and incorporate the Rotary Club proposal for a passive park and semi'active park. The Public Zone District is appropriate for these types of proposed uses. This zone also allows for the provision of affordable housing as a conditional use, which may be a desirable element for the fmal program. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding: Surrounding the site is the public school campus, medium-density residential, and Maroon Creek. There is a proposed bridge linking the parks with the base area of Tiehack. The Public Zone allows for uses compatible with the surrounding area. The subsequent PUD process will determine the intensity of those uses allowed and any mitigation measures to offset adverse impacts to the surrounding area. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding: The Public Zone District allows for affordable housing as well as uses similar to those allowed in the Park Zone District. The level of development and its level of traffic generation and impacts on road safety will be evaluated through the PUD process. Traffic, transit, pedestrian facilities, and overall road safety have been issues raised by the Commission in work sessions with the Parks Department. These issues will remain important elements in the planning process. The Staff Comments 1 ~ t""">. existing and potential level of traffic in the area must combine with the high level of existing and potential pedestrian movements in a safe manner, especially considering the age of the pedestrians and peaks in level of activity. The difference between the Public and Park Zone Districts would have no bearing on this transportation issue - both allow the sall).e uses and intensities, and both are reviewed through the PUD process. Transportation issues, the acceptable level of trip generation, and the most appropriate and safe design will be detennined and required through the PUD process. The project team includes a traffic consultant who will address transportation in detaiL The development program for the parcel is in the conceptual stages. The applicant realizes that safe transportation is a primary design parameter and has made specific accommodations in designing the site. This zoning does not allow development as of right to occur without full review as a PUD, and the Parks Department has been very cooperative in accommodating the concerns of staff and the Commission in programming the site. Staff believes the Public Zone District is the most appropriate for this parcel and that the PUD process requirement allows for sufficient review of the final proposaL E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. ' Staff Finding: The zone district designation will not, itself, have an effect on the provision of public facilities. Again, this topic is a criterion ofPUD and ofGMQS. Applicants are required to provide letters of intent for services which the development affects, and upgrades to the system or other appropriate mitigation measures are typically required if found to be necessary. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding: The natural features of the site are being considered with the master planning effort. The river corridor, recreational connections, transit, and use schedules with the surrounding parcels are all being considered to reduce the level of impact the development may have on the natural environment. The Public zoning designation will not adversely affect the natural environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding: The Parks Department has been working with the surrounding property owners to achieve a reasonable compatibility with the neighborhood. This process will continue. Staff believes the master planning effort is consistent with the AACP and that the Public zoning is compatible with the City character. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Comments 2 t'I, "-.,, , Staff Finding: Annexation of the property into the City of Aspen is a condition which requires this process. The Public Zone District allows for the current use of the property and allows for the uses being considered in the master planning effort. I. Whether the proposed amendment would be in couflict with the public interest, and is in hannony with the purpose and intent of this title. Staff Finding: This proposed Public Zone District does not pose any conflicts with the public interest. The AACP specifically reflects a community desire for increased recreational facilities at this location, and the flexibility to accommodate employee housing on-site for those additional jobs created by the development represents good land use planning and should be encouraged. Staff believes this zone district will promote the purpose and intent of this Title and will be in harmony with the public interest. Staff Comments 3 ~ ~ EXHIBIT B 26.28.250 Public (PUB). A. Purpose. The purpose of the Public (PUB) zone district is to provide for the development of governmental and quasi-governmental facilities for cultural, educational, civic and other governmental purposes. B. Permitted uses. The following uses are permitted as of right in the Public (PUB) zone district. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. II. 12. 13. Library; Museum; Post office; Hospital; Essential governmental and public utility uses, facilities, services and buildings (excluding maintenance shops); Public transportation stop; Terminal building, and transportation related facilities; Public surface and underground parking areas; Fire station; Public school; Public park; Arts, cultural and recreational activities, buildings and uses; and Accessory buildings and uses. C. Conditioual uses. The following uses are permitted as conditional uses in the Public (PUB) zone district, subject to the standards and procedures established in Chapter 26.60. 1. Maintenance shop; and 2. Affordable housing. D. Dimensional requirements. The dimensional requirements which shall apply to all permitted and conditional uses in the Public (PUB) zone district shall beset by the adoption ofa conceptual development plan and final development plan, pursuant to Chapter 26.84, Planned Unit Development. E. Off-street parking requirement. The following off-street parking spaces shall be provided for each use in the Public (PUB) zone district,' subject to the provisions of Chapter 26.32. 1. Lodge uses: N/ A 2. Residential uses: Requires special review pursuant to Chapter 26.64. 3. All other uses: Requires special review pursuant to Chapter 26.64. //% '\ } " ~~ y ?- ~.\ ~ ~ .Q;:~ . · ~6~\~\L ~ if---: ~ ' .~. l~\V\ 0.1eMiV\f:; ~~~ ,~ e><> /14''''''''/ ~' I I ~ If _ !/~ ~~~nhi-7Y I ~ ~ Oub I ) "I:..I!/J · I \.' \ N~~_ \~~IJI'V _~~M"I...k-. ~~~~, ) ljjjj/ ~ I.. ~;;~ J; q ~ . k.:l:, -: ~ ~ \ ~ .. .....' j ,\ I ~ 8 _ all ~ ~ v ... .!I_ r~ "\ ," ~J Iy- ifl'!j\' ~ ~ ~ \\0; School camp~ ~ ...~.... ~/ ! _____ ~. h-. ~r 4~_ ~~;--- ,~ J), I ~ ~?'t ~~ ~ , Lid! I (f d~ V\ U1 ~ 'y,;1 ~. ~ II 'f! · I ~ Iselin & Rotary Park::" ~- ..~~. vi i/1 llo ....KJr? - V /- A' ~- \~ r~ ~ 1.1, .,.. 1.\\" 1I,fJ; ~...Y.J ~'r.J '. ~ If a.-. ~"}/ JL- ~i ~y ~ t ".:L.#'""~ V ~ ,,/ ,~Vl)\h~ ~'/J -r, tt- I: ,'W~ -I fj T ,~~~JY _. ~~ ) 1 ,/ ~~Ii ~> - 7' ?!l~~ ",' / ~ I .-: \ f'{ ~ ' L-..., ~ ~ 'J _ \\ . / AM [I (J I ~ 'if k:;\fl l/ \~ ~ ~'~r' / ' f'-.. 7 ("." Ralph Woodward, 05:03 PM 3/16/99 , Re: Iselin and Rotary Park r" To: Ralph Woodward <rhw@snLnet> From: Chris Bendon <chrisb@ci.aspen.co.us> Subject: Re: Iselin and Rotary Park Cc: bude, juliew, jeffw, amym Bcc: X-Attachments: Dear Ralph: As you may know, the Iselin property was recently annexed into the City of Aspen and City Council has an obligation to provide the,land with a zoning classification. The Public Zone District provides for the best "fit" given the existing uses and the use being considered with the City Parks master planning effort. The zoning, however, does not grant the City any development rights or ability to bypass the land use approval process. Any development on this property will proceed through a land use process involving public hearings and the opportunity to comment on the appropriatness of the proposed development and associated impacts. In fact, the planning team for the Iselin property is already aware that traffic and transit provision will be a issue of significance during their review. If you have not already been in contact with Jeff Woods, City Parks Director, about the master plan for this property, I encourage you to contact him. His phone number is 920.5120. As far as the impacts from the Hines/Ski Company development upon your neighborhood, I agree. There does appear to be parking problems, especially considering the limited parking available at the base of Highlands Ski Area. Unfortunately, this area is entirely within Pitkin County and there is not much I can do for you as a City Planner. The best alternative is to contact Bud Eylar, County Engineer, or to speak directly to the Pitkin County BOCC about enforcing the existing no parking signage on the road. Thanks, Chris Bendon City Planning At 11:58 AM 3/11/99 -0700, you wrote: >Dear Chris Bendon, > > I am the owner of the property 25 Glen Garry Drive, and personally I >am adamantly I Printed for Chris Bendon <chrisb@ci.aspen.co.us> 1 ,-.. .1"., >opposed to any rezoning changes, or any changes at Iselin Park, Rotary >Park, or at >the Moore Pool. the >Aspen Highlands >Subdivision are being adversely impacted by the Highlands Redevelopment - >there is >substantially more traffic - including vehicles being parked along Maroon >Creek Road >by skiers - it is a big inconvenience to me personally, these vehicles are >often parked >on the paved road >vehicles so close >the paved surface definitely do >not approve. >At first these vehicles were being ticketed and then that stopped - what is >going on? >There seems to be no interest in correcting this bad situation. It is the >responsibility >of Gerald Hines to provide adequate parking for Highlands customers - he is >not doing >this and no one is holding him accountable. Less is better in my opinion. All of us owners in surface and it is a dangerous situation - with to and with people walking in the roadway - I the You government officials are' >not doing >a credible job of controlling this - you have either made the mistake of >not seeing this >problem - or not enforcing whatever you may have required of Hines. This >is a mess >in our area - our homes are being adversely impacted. Please correct this >impossible >situation. Thanks, Ralph Woodward, 25 Glen Garry Drive > > > Printed for Chris Bendon <chrisb@ci.aspen.co.us> 2 I " ~ Attachment 8 County of Pitkin } } State of Colorado } AFFIDAVIT OF NOTICE PURSUANT TO ASPEN LAND USE REGULATIONS SECTION 26.52.060(E) SSe I, ~~ ~~C9t-J. , being or representing an Applicant to the City of Aspen, personally certify that I have complied with the public .notice requirements pursuant to Section 26.52.060(E) of the Aspen Municipal Code in the following manner: 1. By mailing of notice, a copy of which is attached hereto, by first-class postage prepaid U.S. Mail to all owners of property within three hundred (300) feet of the subject property, as indicated on the attached list, on the 3! day of .t.1t~^ , 199 t (which is 11.days prior to the public hearing date of tlcvr~ "/.Z. )'. . 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 wasVposted and visible continuously from the~day of -ti4~, 199i, to the ~ay of J16~ , 199~L: (Must be posted for at least ten (10) full days before the hearing date). A photograph of the posted sign is attached hereto. ~~-~AJ Signed before me this '111 day of II Me-h , 1991-. by O~~~ ~t>~ ~ _01 WITNESS MY HAND AND OFFICIAL SEAL My Commission expires ~~on e.XPires: 12/2:~~ -:_~ _____ ~<L A - ~. :'- ~--- ----__ _ , Notary Public ~... ,/ ~ ~---->>:~ .:: : -........ - ,....".- " '., .....~. '" . ;'v1AROO,'\i CREEK LLC 10 CLUB CIRCLE ASPEN. CO 81611 ASPEN SCHOOL DISTRICT 0235 HIGH SCHOOL RD ASPEN. CO 81611 LOTS 7 & 8 MAROON CREEK LLC C/O GARFIELD & HECHT PC 601 E HYMAN AVE ASPEN. CO 81611 HARTRlCH IA.1\1ES G PO BOX 12285 ASPEN, CO 81612 LW DEVELOPMENT INC OATES LEONARDM ESQ C/O 533 E HOPKlNS AVE ASPEN. CO 81611 BRADFORD DEBORAH PO BOX 4856 ASPEN, CO 81612 FRAMPTON GEORGE T IR C/O US DEFT OF THE INTERIOR 3215NEWARKSTNW WASHINGTON, DC 20008 SCHENNUM EARL C IR SCHENNUM CAROL M PO BOX 867 ASPEN, CO 81612 1 ~OORE ALBERTA L PERS RES TRUST , 0 BOX 126 WOODY CREEK. CO 81656 MAROON CREEK LLC PEARCE EQUITIES 10 CLUB CIRCLE ASPEN. CO 81611 LOTS - 3< 8 MAROON CREEK LLC cia GARFIELD & HECHT PC 601 E HYMAN AVE ASPEN. CO 81611 CARSON L KELLEY PO BOX 8927 ASPEN, CO 81612 BRADFORD DEBORAH PO BOX 4856 ASPEN, CO 81612 LW DEVELOPMENT INC OATES LEONARD M ESQ C/O 533 E HOPKlNS AVE ASPEN, CO 81611 WOODWARD RALPH H 105 WOODWARD LN ASPEN, CO 81611 DE BOER :YIARIL YN S REVOCABLE TRUST ~42 E CENTRAL AVE mCHITA. KS HOSIER GERALD D PO BOX 12354 ,\SPEN. CO 81612 HINES HIGHLANDS LIMITED PARTNERSHIP PO BOX 4970 ,-\,SPEN. CO 81611 CHURCH OF JESUS CHRIST OF LATTER DAY STS C/O REAL ESTATE DIVISION 50 EN TEMPLE SALT LAKE CITY. UT 84150 DOREMUS ANDREW I & JEANNE C 78.107% 85 GLEN GARRY DR ASPEN, CO 81611 SLATER LAWRENCE I , 1 072 MAROON CRK RD ASPEN. CO 816] 1 MCCREARY WILLIAM F & PHILLIS M 9750 AMANITA AVE TUJUNGA. CA 91042 Saturday-Sanday,ttarch 6-7, 1999. 'Fhe Aspen Times 2j.c "n.l.'.. ,'." "., .',',... . _ ',,", '-,.' ,.,', , , ' , . tlon, envlronm~ntal' impacls, wl1~llIe hazards. philosophies regarding: th~ logical provision of open space, neighborhOod compatibility. com- public facilities and urban, .ervlcel; the prev.n- pllllbUlty with existlns master plans, Inlrastruc- tl~m 01 a!fordable hOusing development where It ture requirements, fiscallmp;lcts and noise and would .fundamentally, ~hange the character 01 . safety Impacts lion} the airport: ". " 'the neighborhood or' area; the development , I. On November .16, 1998, by Ordlnan'ce No, 98- shQuld nqt be auto.dependent: the ~Islble ,tom- 55, the SOCC- enacted a moratorium 'on private-' patlblllty 01 sue:h development:, lbe optimal den- Iy-Inltlated rewnlngs and ,~de amendments slty of the sites, BIVen their location and carrying along the half-mtl~ radius' In unIncorporated cap~lty; ,and th~'(Jscal impact ,of such develop- Pltkll). County along either side oHhe Highway ffi,ent where other sites closer to Aspen would , 82 90rrldor ,and along either, side of the .Rio J'e$Ult In,a Iar.lesser llppact. - Grande Right 01 Way from the City of Aspen Ilm~ 5. The rezoning to RS-20 pup Is also compatible its north to the Eagle County Jlne ,(in the mora.' with, the surrounding zone districts and land torlum this ..rea was ealled ~he ~Ttansportation uses, considering existing land uses and nelg~ Corridors"). The, Ordinance adopting the mora.. borhood characferlstlcs. There wl11 actually be a torlum listed' several' ongoing planning ,efforts reduction in the demand on publiC facilities as Including the reviSion of ~all of the affordable cbmpared to the demand for publ~c facilities ~g zoning districts.".. with develoJ)ment at' potential den!Jltles under ~ nsuant to the BOCC's,:,dlrectlon,' the ~he AH 'zone. The rezoning wlll,also not result in l......'nunity Development Department began . significant ~dverse'lmpacts to the natural envl- examining the zo~ng maps of Pitkin County and, . ronment, will beconsistent and compatible with preparing amendments to the affordable hous- the community character and will not' conflict ing zone districts of the,Pilkln County Land Use with the publici interest. . , Code to bring them ,Into compliance with pre- ; C.', The ,rezoning -01 the' Wildcat Affordable ,vailing land, use, policy and, adppted masier' Housing Parcel will substantially advance legit!- plans. ,:',"-" ','" ,,' mategoverqmentpurpose:;assetforthhereln. K. On February:9, 1999 and March'2" 1999, the, D. There" Is no vested right, neither common Community Development Department present- law nor staUitory, to the continuation of the AH ed to the Pitkin County & 'Zoning Com million . &one dlltrlct de'lin.Uon 01 the Wildcat leveral Code: amendments- affecting the alford- Affordable Housing Parcel. able housing zone districts along with an entire- E. The're~ning to the RS-20 PUD zone district Iy new zone distri~t called the Rural Cluster will '"provide the,Wildcat Alfordable Housing Affordable HOUSing Overlay 'Planned Unit Parcel' with an economically viable, beneliclal Developmeflt district CRC AHOJPUD"). In con- nection with its Code amendments, ,.the 'and productive use: Community D~lopment Department reviewed Emergency Rezon~ the zoning maps 'of Pitkin County and deter- A. There Is an emergenc:~.that warrants the mined that ,the Wildcat AIlQrdable Housing immediate rezoning of the"\Wildcat Affordable Parcel was Inappropriately zoned AH. ,Housing Parcel, to wit; L. The Planning & Zoning Commts,slon made Its .1. Conditions have changed substantially since recommendation to the 'BOCC on. March 2, 1999. -the AH zoning 01 the WlIdcat Affordable Housing III, JUSTIflCAnON FOR REZONING Parcel; , , A. The BOCC finds that, the rezoning of the 2. 'Development under the AH zone district Wildcat Alfordable HOUsing 'Parcel comports ' would result In Inappropriate devel()pment 01 with the PlIkln C,Qunty Land Use Code, section 3- the Wildcat Affordable HOustng Parcel consider- 22()'o20, Rezoning,:, ,',''' :.-' ,_ '" . lng the potential def!slty of the development, the l.IiiiiIle ,development res!Jltlr'IS from, the rezoning 'character of the area, the unavailability 01 pub- ,,- 'Ie AH ;,:one district to the RS-2O PUD zone : lie fadliti~ and urban .servlces to serve any Q. .l wlll ~ot confllct.with any applicable see- . development, and the surroundlns p.efghbOr- tl I ' hoOd' '. ' ~, ons 0 ',,,'X' "";:/'.''''"';''" \,~"" . ",'.. '3. Chan,ln, conditions and development p"" ,,1he Land \Js'eCodej' ':'/':" .:: ',' " . 2;-The rezonlng.froni'itle'AH zone district to the- ' ".sures place the Wildca~ Affordable Housing RS-20 PUD zone district Is conslstenfwitlJ Pitkin ,Parcel at Immediate risk for Inappropriate, unce-- County ma#er 'plans;:',..;" ",C" ", '_i. ' ordlnated and unplanned development; and ~. The rezoolng fro~ the AH zone district to the ' 4. Development under the existing AH 'zoning . RS-20 PUD ZOf!.e district Is compatl1>l~ with sur- would violate Pitkin County master plans, land rounding ~ne Districts' and land iJses, consld- . use policies and. regulations': An Immedi~te erlng ~xlstlng I.an~, use and nelghborholld cl1ar~':: '"." rezoning Is necessary to eliminate the threat of acteristics;, _ ',,,,,:,,,.,' ", " ' ' such Inappropriate development. 4. The rezonl~g from:th-e"AH zone district to the B. ,The rezoning 01 the Wildcat' Affordable Rs..20 PUD zone" district will not. result In flouslng Parcel to RS-20 PUD Is tlecessary for the demands on publiC facilities, and will not exceed Immedla~e 'preservation and p~tection of the the capacity of_such"publlc fac;:U1t1es, Including.., ,public health, safety and welfare of the citizens but_ not limited to,,: transportation lacllities, of Pitkin' County.' . .... . sewage facllilles;\water supply" par,ks, drainage; '. Now TliEREFORE, be it ordained by the Board schools, and emergency medical f~clllties; '. 01 Clluntf Commlls,loners "of Pitkin County, 5. Tbe rezoning from the AH zone district to the Colorado, that It does, hereby rezone the Wildcat RS-20 PUD zone district wlll not res~lt In signln- Alfordabl,e Housing, Parcel (as described In cl(lnt .adverse;lmpacts ,on th~." natural".envlro~1 ' Attachinent ~A'1 from the AH 'zone district (see- ment, ,\, _ "". , ,,'" ,', ..' .'tion '3-4Q.70; Pitkin County Land US{: Code) to 6. The rezonln~fron\~ifi~)H zone dlstrlctto t"e . the RS-20 PUD zo_ne district (section 3-40-110, ~20 rUD, zo'ne 'dIStrict. ,is consIStent and conr Pitkin County ~nd Use Code) subject to the fo1- patlble:wlththecommunlty,char~cter:,and ",' lowlngprovlsio.~s:, '-". , 7. The rezoning from.Jhe ,Al:t lOne'dlstrlct to the . 1. The Board 01" CO.unty ,Comiltssioners IncQr- ~RS-20 PUD zone district is'not ~n conRict with the:' < parates tbe above reCitals as the justification for public interest.: this Ordinance and.,re:roillng. ..8. There have been changed'coi1dlUons'affect~ ,2. This Ordinance and rezoning Is effective Ing the Wildcat, Affordable' Housing Parcel and ,'Immedlately upon' final adoption pursUant to ';1he' l>urroun~IRg';,cr.elghbQrh<<nl..wh-lc:h. support"", c.a.t-s3(l,,1s.40~"JI~~MYJ5l_U~Jml!!e,._ the rezoning lrom th~ AHzotiE! ~Istrlct to the JG.; dlate1>te.ervaUon of the pU,bUc'bealth and sa(e- .~ PUD zone dlstritt:, ':," '. ' -",' _ '::~""', ' ,," ty of thedtlzens of PItkin County, the c:ircum-- ;:~a'; :Subsequent tQ ,'the' 'Zonlng- 'of ttie Wildcat stanCes 01 the em~rgerl.Cy having 'been set lo,r~h AffOrdable :Houslng Parcel to the ,AH zone dis- In .thls Ordinance:. , _ .'j . . . . , 'trlct, the AH ~onfng,on (fie " ':' ,_ 'Copies of t~ entire Qn:flnaace are available tor ,Wildcat, All,",dable. H, ouslni(,paic"el', beca, me" "public Inspe(.t1on ,at the...c" led" a,n~ ,ReCorder's 'inconsistent with Col,lnty"maSters plans (the . Office, Jeanette Jones, a'530 East Main St~, Clt#en'H~slhJi"~I!..ri; ttte:MCP../md ttle DVCP); Aspen, 'Colorado 81611:~url,nB regular business b'.'ln,'No~m~~'0"'1998~,the-:BO<;C,enacted,'a' hOurs.' . :, '., ,... ""'./",. .'l't.":' "'''' '...' "I' EXnIBIT"A" , .. wn.oCAT AFFORDABLE nOISlNQ PAIlat , '" OWNF.Il BY rl11a~ COUNTY " .' A-,tract of !,and 1IIltuatl!; In Sectloll S. ToWnship "9 "districts; and :"" i' ':":,:',",, \""t,': ,:',:: ":<',"": ":':':.~":" " ;. ~:~~~r~:~=;:~~~:I~t:;M.:btlln"g more "c" The ,Comm'u~ity':'~10P'rn~'i'_~patimedt Beglnn'lng,at'a polnt,'whence t~ St'Comer' of ha..s' prepa!'ed ain~ndniellts""to-,the'Pltkln' Cou'nty, '. ';~sald: Section 8 bears g,'61'''30'S9~ f;'F3S.77 'eet;' 'lancl:Use Code:,reoJatlng,t,~"tJie:~alfor"ilble hollS:-, tl~"~"'10"W7,'940'''1.6'OO9' 1"...i.iW,..;~:~~;59",.,'~~,~,;' th~~"",: N:3" Ins zone dlsirlcts whlch'ma1j:e_th"e 'AH"zone des-: 19na'tlon of 'the/;,W!ld~t""AlIofd~~le,,Housln8'~;'~' '~;'~s..~~~;~~~5~ 5~1,03 f~et;,' theriC~ S ,ina::~~~p~late:,,~, ",,"..' ..,:~,:>~,!,:,:",:~~;,~,;,>~,,;, ::', ' " thence 'S 63.25'22" W '57397' feet;, thence N: 9: ,The rezoning ',o.f.:'t~e.'-'Yildcat;::'Aflor~able 32.02~17" W 321.79 fee~j , Housing Parcel fnn>>, the:AH-zone dJStrlct'lo the' thence N 09.25'23~ E 354:98 feet; thence': N RS-20,~lJD zoqe ,YJiIlIJOli~u1t,I"n"slgniflcant traf~' 59.44'29" ~ 276.50 leer. '.- lic gene,ratlon, nor wUl It.impact ro",d salew In' then~ N_20'2 N20.21'21,"21 ~ W 369.31 feet~" fact, such rezoning wlll'reduce the" P'ltenUal the southerly, right-of-way line, of'a road as buUt tr:alfl~ ,ge~era,t1qn ,and,,: pottintlal/ road 'safl!lY,.: "and in place; thence ilIong said rlght-ol-way line iS~S"as,compa.r~~~deyelopnient.~~" ",~ ,: lhelolli:1wingcourses: ',,' "~he RS-20PUD zone."" '~_," .,."::",,, <,' 55,52 'feet aRms the arc of a 320,()(), foot rJ'dlus Ie exlstins.. AH, "zoning ~:on '.t.htt, Wildcat wrve to, the right haVing a central angle of .Aflordable Housing Pai'i::e'.l.s in~'n~stenH...lth ,09'56'26."and subtencl!llg'a chord bearing N: County, master:' p\ans\ wl1e.r~~.the:l~S-20' POD . $2007'22~: ,E 55.45 feet; thence N 87.05'35.'i E ;:one district l$'Conslstent Wltl'!, 5U~~"plans:.' . 112.07feet; thence 124.71 feet ~Iong the arc of ail. l, The DVCP did no1 ,contemplate. nor does it &30.00 foot radius curve to the lelt h.aving a cen- support, medium to high den"IW development "tralangel of 08'36'32" and subtendlng a chord on the Wildcat Affordable Houslng:rarcel. AH bearing N 82.47'19" ~ 124.59, feet; thence N zoning creates a possi~i1ity',()( jievelopment 78.29'03"'E251.90 leet; thence 91.S8feet along with densities entlrelr too hlgh to be supported " the arc, oJ a 34Q.OO loot'radiu~ curve to the right by Ihe DYCP. Further. the goaJ~rand ob,eCtives 01 having a'Central angle 0115.25'58" and subtencJ.. the DVCr wer,e to disco\lrage ~Igh dens~ties In < . 'ing 'a chord, bearing N 86'12'02. E 91.30 feet; . ~on-urban areas,...and generally,would not sup- thence S 86'04'59" E',105.19 feet; thence 112:86 port th~ type 01 sprawl ,develollment that would feet along the arc o~a 245.00 foot radius curve to . occUr with, development ~ursuant 10 the AH the lelt having a central angle of 26"23'36" and, ..zone district In ",these,_ niT;!!.. tQ s:eml-rural areas. subtending a chord bearlng'N 80.43'13" E 111:86 R5-20 PUD zoni!lg ,Is ,COll'!pati.lile.wlth .th.e rural feet;. thence N 6703 ~r31'25., E 349.86 feet; densities envisioned by the QV€R ; ,thence,190.74 fee~ al9ng the 8;TC of a 345.00 foot 2. The Woody Creek Ca"-~"'~',~ster' Plan" ',:radiuS'curve to the le1thavln~ a centr~1 angle of ("WCCMP") recl)mmendS thatl ~no addJri~, ::.,i3V,40'36.' a~d 'subt~riPlng a chord bearing N high de.nslty or hlgh'rate,houSinS:,;tlWelop:ment$'~,;,-,:'/5l.41'~r... E'..J88.32' feet; '~hence N 35.~O'49~ ,E i be permltted.,in Wood~"C~~Th4!:AH zol1lng ~n, ~::.l~!.:~'feet; ~~ence 48~5() f~et ~Io~ th: arc 01 a WoOdyro........l!' '.. 1__A__I'.I"l4"'~.'.""~-s-C'" . ,,' '-'.'" ' " ..' , ..' WC(:MF '/', " patlble 3. Thl: '., " , . "_nc:'1.u.......:-.j::"..'..fI.~_."_.L___.:...,_. " ., .... , ,.' ",.... ..l ,~. .' '; <\t 'AlIordable HO~Slng :,pafcel; 'are., lricom: -~ i_'" r., '" .'~", ~~. . ''''';'' ... ~ ! ......""",~, . .,.....:" . ..... .:l, "!. ~ pa~~~~e w~~~ t~e ~<:'~.Rs:2~ PO~.~~ln.8 i~,~~~"' ,,'j-\~O"W~~'i+"'~~O~~E:t I ,: This Notice Is given wit\:! regare! to the D~ '01 .". T\\Ist described as follows;, " . j. O'rlglnal Grantor (Borrower): SCOTI' PICARD Onglnal Beneficiary: MlV OE'tJELOPMENT COR , , PoRATION, a Colorado corporation ~ ,'. Curre;nt Owner 01 the EVldence-Of :,\'D~l ~C(:ured by the Deed of Trust; MTV PEVEl.OIlMENT CORPORATION, a Colorado corporatkm Date of Deed ,of Trust: pecember 18; 199.7 Date of Deed 01 Trust . Modification Agreement: December 16, 1997 Counl)' of Re(:o.rillng: Pitkin County, Colorado Recording Date ot Deed 01 . Trust 'and Deed, "of Trust "MOdification Agreement: DeCember 19, 1997_ Recording In(ormation lor Deed of Trust: 6ecep "UonNo.41!752 " Reco'fdlng l!llormatlon for Deed 01 Trull,t Madill cation !'greement: Reception No. 411753 .,', ~ ,",' " ., ' Housing" ,Parce,l. "The Cltl2en -Housing Plan cre,,~. at1;!:s a prel~rence for:aflor411ble:houslng within , the' metro, areas::and "~lRploymerit ',centers .and' adjac:ent, available, public;"i mas~:', trl\l1$lt. The ,,' Wildca~ Alfordable,"Ho~sin~ ,Parc'elr~ does' 'Rot meet' either; of.. these', 'criteria. ,The, Citizen Housing Plan also contains the:phlloso'phy arid criteria that aflordabie hou'slngl'onlrb~ permit. ted In locations where the'dlWeloplri"fmt of such housing, is cqntalnable:'and will, /lotA>rom,ote, addlUonal developIllent,orsprawl.. Development pursuant to the, A~'-z9nlng .on' "he Wildcat Affordable Housing 'Parcel would' lead to uncon- ' talnable development and promote sprawt' AH' development would, In lact, be sprawl Itself. AH devt:!lopment ,would' als<i ,: be ,vlola~lve 01 the ....\','" "", ' ; "; ,~ ..: _~~m YOU ARE HEREBY NOTIFIED that the current ownl!lr of the original flvldC!ince '01 ,d.bt leci,!red by the De-e<1 of Trust delcrlbed above, as modI- fi~d by the Deed' of Trust, Modillc<ttion Agreement described above, ~as' flied written lefectlon and demal1d lor sale ~8 provlded,ln said Deed of Trust: Th~ origin'!] p~ln~I\)a1 amouJlt 01 the evidence of debt w~, Tw~ Hundred fort)'- Nine Thollsand Nine Hundred, Forty-Two and no/lOOt~, Dollars ($249,,942.00), and as o! January 26, 1999, the out,tandlng principal bal- ance due and owing (In tJ:le evidence of debt 1$ $208,285.00. NOm: THE DEED ,OF 11lUST BE1~G FORE- .<:LOSED MAy NQT SEA flRST UE~. The real propertY' to he foreclosed, which Is all of the property currently ~ncum1>ered by the Deed 01 Trust, Is located In, Pitkin County, Colorado, and Is delcrlbed as follows: Lot ~7, Horse Ranch, aecordins to the Plat there- of recorded August 27,1991 in Plat Book',27 at Page 27 as Reception No. 335915, also ,known as:' 19 Spur Ridge l4ne, Snowma~s Vlllag~, Colorado 81615. <' THEREFORE, NOTICE IS ,HEREBY GIVEN that I will, at 10:00 o'clock A.M., on the date 01 March 17, 1999, in tile Office of the Public Trustee, 506 E.,Maln Street, Suite 201, Aspen, CQ 81611, Seell at public: auction tli the higheltand bell bidder for cash, the real property delcrlbed above, and ,l! Interest 01 said Grantor, the helrs,and as$lgns 01 said Grantor, for the purpose of paying the Indebtedness provided In said note and deed of trust, attorney fees, and the expenses of sale, and will deliver to the purchasttr a certilicate of purchas~, all as provided by law, Date: January 27 , 1999 First PubUcatiQn Date: February 6, 1999 Last Publication Date: March 6, 1999 THOMAS CARL OKEN, Public Trustee By: Judy J"mes, Deputy Public Trustee Published In The Aspen Times February 6, 13, 20,27, March 6,1999. (34416) PUBLIC NOTICE NOTICE OF, PUBLIC TRUSTEE SALE: No..99-5 This Notice 01 Public Trustl:l~ Sale Is given with respect to the follOWing Deed 01 Trust: Original Grantor, WJ, High llnd Trisha High Orlglnal Beneficiary; Colorado 'Federal SavIngs Bank . Date ofD-eed '01 Trust: December 23, 1994 Recording Date of Deed of Trust: January 5, 1995 Recording Inlo.; Book 771, Page 158, Film N/A. Reception 377813 County of Recording: Pitkin Orlglnal,P,rlncipal Amount:. $142,500.00 Current Unpaid Prln~lpal: $140,0:09.75 Property foreclosed'ls all of the pt()perty encum- . bered by Deed 01 Trust: '-t...!pT 15, BLOCK 2, CRYSTAL RIVER COUNTRY mJ'ATES,' ACCORDING TO THE PLAT FILED IN THE PLA"t BOOK 3- AT PAGE 312. . Purported Common Addres$: 0483 Crystai Circle, Carbondale, Colorado THE UEN FORECLOSED MAY ~OT BE A flRSf UEN, WHE~EAS, Bankeys . Trust, Company 01 CalilotniCl.~~.A., as custodian or, trustee under the appUcible custody or,. trust agreement; Advanta as master serv~er, the-legal holder 01 the Note secured by the aboVe-descrl~d D~ of Trust has lIIed written Election and Demand for Sale as provided In said Deed of Trust. THEREFORE, notice IS,hereby given that I will, at 10:00 fi.m'. 0/1 Aprjf,7, .1999,'al the Iront stel's 01 the court house, !i06 E. Main Street, Aspen, . -"eo~U--ilrpObnc-auctlolT'tlflhe I1lgh~$t . and best bidder for ,eash, the:;ald real' property and 'all Interest of the...:s:ald Orantor(s), their heirs, their successors; 'and'thelr as'slgns, IQr the purpose of paying the indebtedness provided in said Note and Deed of Trust, attorney's lee, and the expense of sale Olfld will deliver to',tIl'e-' pLir- chasers a Certificate' of" Purchale" all as' proVid- ed by law. " ',' ", Date: February 18,' 1999 Thomas Carl Oken, . , Public Trustee of Pitkin County By C1irol L Foote, Dep~ty Public; Trustee First Publication: February 27, 1999 wt Publicatl(ln: ~arch'27, 1999 ' Publisher: ,The As~ TJmeS ,: ' . rURSUANl" TO TIfffo FAIR DEBT COLLECTtON . PRACTICES 'A,CT- YOU ARE ADVISED THAT MElN- . HOW, STAWIA~K1, SHAPI~O. &CODlLIS, LLp IS DEEMED A DEI3T CO~ECTOR AtTEMPTING TO COLLECT A :DEBT AND ANY' INFORMATION ~ " ^ . ~.. . : ' '. HaY/ef,kHeR,~ "., .,;'. ' Attorney file 1#06199-0097 Client fH521483 ~200' ~st Mineral Avenue;'Sulte,380 Engiewood, Coloiado ~0112 :(303) 799-Q083 :: '.' " , Published In, The ,ASpen TImes February 27, ~arch,6, 13, 20, ~7, 1999. (35408) PUBLIC NOTICE ORDINANCE NO.3 (SERIES OF 1999) '..,.. ORDINANCE Of THE Crry COUNCIL, OF _ CITY OF ASPEN; COLORADO, TO REZONE ISELIN AND ROTARY PARKS TO THE PUBLIC (PUB) ZONE DISTRICT. WHEREAS, a parcel of land locate~ west 01 the l>ubllc school campus on Maroon -Creek Road, co~mQflly relerred tQ as ~lselln and "Rotary Paris,. the property,' was l1lnexed Into the City of Aspen ,ofl" January n, 1999, pursuant to Ordinance No. 53, Series "Of 1998;' and, WHEREAS, the PI'9~rty is approximately 21.269f acres, ~I number 2735-142-00-851, and is_l~any described In' Attachment A 01 this Ordlnll<nce; and, ,: _ ' 'WHEREAS, the' City Council of the City of Aspen must,deslgna~e a zon:e d.lstrlc~ lor the property within 90 c1a)'s 01 the cffi....exatloll; and, ' WHEREAS, ~ the~ City -Council lTIay approve :Amendments: to '~hl;l:'Ofllclal 'Zone Dlstr!ct Map (RezonIng) ;alter taking a!'.ld",~~sldering recom- mendations from the CommlJJllty Development ~ireclor;, ~h~ PI8:nn~n,g and Zoning Commission made at a duly ,n9~Ic~d 'p~bllc hearIng, and tak- ing ,and cons:ld~rln(l: public: testimony at a duly, noticed plJbllc hearlng'ln, conformance with the 'rtvleW crlt~rla set forth In Section 26.92; and, WHEREAS;, <th~' C,ommunlty, Development ~paitment analyz~ ~h~ parcel of land and',rec~ ' ,ommended' the pro~rl)' ~e included Iq the public (POB) 'Zone DIs:trlct;'_and, WHEREAS, during a duly fU.ltlced public hearing on March 2, 1999, the Planning and Zoning Commission took aP,d CQnsldered publiC testi- mony and fecommended, ~y a _ to _ vote, City COUll;cil,lnclude this property In the Public (PUB) ZOn~ District; and, WHEREAS, City Council reviewed and consid- ered the recommendatlons 01 the Community Development Dlrettor and the Planning and Zoning Commission during a duly noticed public hearing; and, l' . WHEREAS, the City Council linds that the Public (PUB) Zone District. Is the most approprl- . ate zoning classification for this property, meets or exceeds all applicable standards, and Is con-' 'slstent with the goals and elements ol.the Aspen Area CQmmunlty Plan; and, '. WHEREAS,: the City Council flnds that this Ordinance furthers and Is necessary lor the pro- motion of public health, salety, and wellllre. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL Of DIE CITY OF ASPEN, COL- ORADO, lHAT: Section 1: . The Official Zone District Map of the City of Aspen shall be amended by the Community Development Director to rellect Iseiln and Rotar!( Parks, as described in Allachment A, as Included, In the Public (PUB) Zone District. The Community Devt;llopment Director shall use the annexation plat as the basis lor determining this zoning boundary. SectIon 2: This Ordinance shall not effect any existing liti- gation and shall not operate as an abatement 01 any action or proceeding now pending under or by virtue 01 the ordinances nepealed or amend- ed as herein provided, and the same shall be conducted and concluded under such prior ordinances. Secdon 3: If any section,' subsection, sentence, clause, phrase, or portion 01 this Ordinance is lor any reason held invalid or unconstitutional in a court 01 competent jurisdiction, such portion shall be deemed a'separ:ate; distinct and Inde- pendttnt provl.lon and shall not aflect the valid- Ity 01 the remaining portions thereol. Section 4: That the Cily Clerk is directed. upon the adop" tion of this Ordinance, to record among the real estate records of the Pitkin County Clerk and Recorder a copy of this Ordinance. Section 5: A public hearing on the Ordinance shall be held on the 22nd day 01 March, 1999, at 5:00 in the City Council Chambers, Aspcen City Hall. Aspen Colorado, fifteen (15) days prior to which hear- Ing a public notice of the same was published in a newspap~r 01 general circulation within the City 01 Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council 01 the City of Aspen on the 8th day of March, 1999. Attest: Kathryn S. Koch, City Clerk FINALLY, adoj)ted, passed _day of _' 1999. Attest: Kathryn S. Koch, City Clerk John Bennett Mayor approved this and John Bennett Mayor Approved as to lorm: City'Attllrney Attachment A - Legal description ul pn)perty Published in The: Aspen Times March 6, 1999. PUBLIC NOTICE ORDINANCE NO.4 (SERIES OF 1999) ',\, AN ORDINANCE OF THE CITY COUNCIL, Of THE CITY Of ASPEN, COLORADO. AMENDING AN exISTING AGREEMENT WITH THE PORATH . FAMILY TRUST FOR PROVISION OF TREATED WATER SERVICE. WHEREAS, Ordinance No. 27, Series of 1998, (the Ordinance) provided treated water service to properties located In Pitkin County, 'along North Spruce Street Inciudlng a parcel 01 land owned by the Porath family Trust; and, WHEREAS, the Ordinance conditioned the pro- vlsioll ofwatet' upon submission alld approval of the Porath family Trust develupment phlOS pur- suanCto.-tne 'Clly o.Aspen -8040' GreeitlUlir- Review and Residential Design Sta~ards: ~nd, WHEREAS, the Ordinance further conditioned (I.Ily,<tilvelopme'nt of the porath lamily Trust par- cel upOn anll~xatlon Into the City of Aspen for ~"'e purpose 01 ensuring the development would 'be'compatible with the development standards of the City's Low Density Resid~ntlal (R-30) Zone District; and, ' WHEJn;AS, the Porath family Trust has agreed to development their property In conformance _witt! th,!, City's R.30 Zone District, as speCified In the conditions contained herein, and has agreed 1(1 t1Ql' cOntest annexation II and when the City 01 Aspt,n Initiates the annexaUo~ of their property; and, WHEREAS, the Community Development Department analyzed the parcel of land and rec- ommended the cOl1dltions 01 approval con. taln~ herein to ensure conformance wllh ClIy development standards and compliance with the land !,lse code provisions of 8040 Greenline Review and Residential Design Standards; and, WHEREAS, the City Council finds that the spirit and intent of Ordinance 27, Series of 1998. is fur- thered by the adoption' of this Ordinance and that the extension 01 treated water to the Porath family Trust property is in the best interests of the City; and, WHEREAS. the City Council finds thut this Ordinance furthers and Is necessary lor the pro- motion of public health,safety, and weltare. NOW; THEREFORE, BE IT ORDAINED BY TilE em CQUNCIL OF mE cm OF ASPEN, COL- ORADO, THAT: Section I: Ordinance 27, S~ries of 1998, is hereby lllllended to allow the Porath Family Trust pan:el to be developed and served wilh municipal water while locat~d in Pitkin Cou~IlY wllh the following conditions: 1. The Porath Family Tru:;t property shall be developed In conlormance with lhe City 01 Aspen's R-30 Zone Distrlct'regulations. The City of Aspen Zonil1l:l OJfic'~r 'shall review the building plans lor' compUance witll all aspects of the City's R-30 Zcme District.' using the same inclu- sions and exclusions for Lot Area and Floor Area;' as delln"ed In the City 01 Aspen Land Use Code, 'applicable to all lands in the City. except as provided lor herein. ' 2. The architectural development plans submit- ted ~o the City Planning Department, dated February 24. 1999, shall not require a variance from the City's Residential Design Standards. Amendments to the architectural plans are sub- ject to all aspects 01 the City 01 Aspen Residential Design Standards, as amended. 3. Highly reflective materials shall not be used on th~ exterior of the structure, Including the roof. 4. Any disturbance to the natural terrain and areas of cut and liII' shall be revegetated alt~r construction with native species. Any areas too steep for adequate revegetation shall incorpo- rate retaining walls which ilre of simililr culm to the natural soils and vegetation to visually blend into the mountainside. 5. The existing vegetation outside the designat- ed building envelope shalt be preserved :1I1d maintained in its natural state to the extent pr..qical. Disturbance ~ssociated with. alld inci- dental to, pedestrian and vehicular access lu Ihe property is approv~(1. 6. Exterior lighting shall be down-clirecUunal, sharp cut-off. and in no ca$e shall outdoor Huod lights be used. 7. The POf<lth Family Trust is encouraged 10 either apply lor and construct an Accessury Dwelling Unit (ADU) on the property al this lime or leave enuugh available lIoor arei\ lur the future construction of an ADU. 8. All alOpects 01 the Pitkin County 1041 Review, as amended, shall relnaln In ellect ahd shall be reviewed 1m compliance by the Pitkin County Communil.y I)evelopment Department. Section 2: Except as slleciHcally amendea herein, all a:;\)&l:; of Ordinance 21, Series of 1998, shall remain indft:ct. Section 3: The City 01 Aspen may initiate annexation 01 the Porath Family trust par<:el at it own discretion and the Porath Family 'frust hereby agrees to not contest anll~xation if the City of aspen initi- ates annexation. Secaion 4: This Ordinance shaH not effect any existing liti- gallon alld shall not operate as an abatement 01 ~ny a~tlon or proceeding now pending under or by virtue of the ordinances repealed 9r amend- ed as herein provided, and the same shall be conducted and concluded under such prior ordinances. Sec::tlon 5: . U any section. subsection, sentence, clause, phrase, or portion 01 this, Ordinance is for any reason held invalid or unconstitutional In a court of competent jurisdiction, such portion shall be deemed a separato, 4lstinc:t and Inde- pendent provision and shall not a!fect the valid- 'Ity 01 the remaining portions thereof. Sec::tton6: -.:; That the City Clerk is directed, upon the adop" tion Qlthis Ordinance, to r~ord ;:l.I:nong th(! real " estate records of the Pitkin County Clerk and , Recorder a <:opy 01 this ordinance. . Seclion 7: . A publiC hearing on the Ordinan~ shall be held on the 22nd day 01 March, 1999, at 5:00 In the City Council Chambers, Aspen City Hall, Aspen Colorado, fiheen (15) days prior to which hear. ing a public notice 01 the same w~publlshed in a newspapt!r 01 general circulation within ahe City ol Aspen. lNTIWDUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 8th day of March. 1999. Allest: Kathryn S. Koch. CIty Clerk " John Bennett Mayor FINALLY, a.joptt!d, passed and approved this _day of _. 1999 Attest: Kathryn S, Koch, City Clerk John Bennett Mayor Approved as to lorm: City Attomt:y Published III The Aspen Times March 6, 19:99. PUBLIC NOTJCE PROPERTY AND LIABILITY INSURANCE REQUE'ST FOR PROPOSAl- NO. 213 Colorado Mountain College (CMC) requests pro. posals lrom qualified firms and/or Individuals to place lis property and liability insurance pro. gram. Scal~d proposals will be received by Colorado Mountain College Purchasing Dep;lrtment, AUn: Danlelle Hlnz, 931 Grand Avenue, r 0 Box 10001,' Glenwoo~ Spgs CO 81602, until 3:00 p.m., April 9.l999. Any IIrm desiring to be coo,!ildered must Ob~aln! t' lo~, Proposal (RFP) document. b cUng: Colorado Mountain COllelWo"Ad#i'" anlelle Hlnz, PO Box 10001, 831" 9(.nd Ave, Glenwood Springs CO 8 1602. phone: (970) 945-8691 x8402 (Mo' (.11m 1947.8324, -mall: dhiQz*-ol- orado;lJtn l'gU. Cnlorat\u Moulltaln Coli. does nQt obitgatlt ibdl to-accept the-~owesl, or-an)' other'propO$al. and reserves sole discretion 10 reject any or all ,proposals. Published in The Aspen Times February 27, March 6, 13. 20, 27, 1999. (35405) PUBLIC NOTICE l' CITY OF ASPEN PARKS DEPARTMENT REQUEST FOR PROPOSALS The City of Aspen, Colorado Is ac<;eptlng Proposals lrom Design/Build Sltework contrac- tors for Improvements to the Community Campus which includes: Iselin Park, the Moore Playing l-1dds. Rotary Park and improvements to the Aspen School District athletic facilities and campils. The work Involves the design refinement of the parks and facilities as outlined In the current Master Plan, accurate construc- tion cost estimates and project scheduling. prepllring cllnstructlol\ documents and speclfl- catlons. constroclion activities InvoMns earth- moving. drainage. construction of athletic lIelds, pedestrian bridges and adjacent parking areas, installation 01 trees and shrubs, restoration of native grass/shrub area~,' bullding- multi-use trails and creation of wetland areas. The work will take place in phases between May 1999 to the 10111 of 200i. The estimated amount of the design/build contract is $3.500,OOO.0~ (Three Million Fivt;! Iluodred Hollars). The only Phase which currently has funding Is the Moore Playing Fields for $350,000. The city is seeking the remilillder (lIthe funding for this project as part 01 a General Obligation Bond which will be v()h~d on hy Aspen Resldenfs in May 1999. COlllplete IUCJl'osallJ.lckages may be picked up alter Fnday February 26, 1999 at the City of Aspen Parks Department, 585 Cemetery Ln". Aspen, rO 81611 or ~all (970) 920-5120. Sealed 'proposals should be labded "Commullity Campus HFP" and malled to: City of Aspen Parks Department, 130 S. Galena St., Aspen, CO 81611. PrQPosals will be acceptoo unlll Wednesday. March 24, 1999. 2:00 P,M., MST. A mandilt'ory prc.proposal meeting is scheduled lor Tuesday, March 16. 1999, 1:00 P.M.. The City of Aspen us~s a Two Part Design/Build Agreement consisting of two separate agree- ments (POII'll and par~,; ) and General Conditions related to each part."art r 'Agreement, covers design dt:!velopment 'and biJdgetlng. Part 2 agreement covers final design 'al'ld construction This proposal seeks a design/build team to accomplish both parts ollhe contract. However, the team is only proposing for Pari I WIth this RFP. Upon co"mpletion of Part f by the successful team the City will negotiate with the team lor the Part 2 01 this contract. The selected design/build contractor will demonstrate experience hi. mountain construc. tion and a high percentage of in-house perfor- mance. III addition. slgnilicant exp.erience in designing "lid building high q\lality athletic fields is required. The expertise 01 the design/build team should include but not limit- ed to, lalltlsc.:4pe lm:hitecture, civil engineeri1lg. design of natur;\l areas, cost estimation, project manageml.'nt alnng with the capability and expL'- rience to COllstruCt the design. The City will select tht! design/build c;ontractur from the qual. ifications sublllittals received and neguli:\te with that contractor. The City reserves the right to rcjl~ct illlY :lIlt! all proposals lor any reason whatsuever uud rt~structuring proposals ifnultu- ally agrCcabl'e. The con~acl pl:!rson for the request lur prup(lsals IS; Jell Woods, Parks Director, (g7U) 920--5120. BY THE OlmER Of THE CITY OF ASPEN COL- ORADO . Jell Woods l'arksDlrector l'ublislll,:tllll 'fill,: Aspen Times March 6, 13, 1999. TO: THRU: FROM: RE: DATE: r""". ("'\, PT..A. MEMORANDUM Aspen Planning and Zoning Commission Julie Ann Woods, Community Devel?f,ment Director Mitch Haas, Interim Deputy Director>>ttc" Christopher Bendon, Planner ~ Iselin Park Rezoning -- Public Hearing March 2, 1999 SUMMARY: The City of Aspen has recently annexed a 21 + acre tract of land known as "Iselin" and "Rotary" Parks. As part of the annexation process, the City has an obligation to zone the property within 90 days of the annexation. In Pitkin County, the property straddled two zone districts. The northern half of the land was zoned AFR-2 and the southern half AFR-10. Both of these zone districts include single-family residential uses and general outdoor recreational uses. The parcel is owned by the ,City and managed by the Parks and Recreation Departments. The parcel is currently being planned for expanded municipal recreational facilities including an ice rink, ball fields, a redesigned pool, and possibly a few affordable housing units. Representatives from the Parks and Recreation Departments will be in attendance at the meeting and will be presenting conceptual plans during a work session at the conclusion ofthe Commission's public hearing agenda. The Community Development Department is recommending the parcel be zoned Public (PUB). This City zone district allows for the current use of the property but removes the provision for a single family home. The Public Zone District provides for affordable housing as a conditional use - a use not allowed in the Park Zone District - and establishes all dimensional requirements of the site through the PUD process. Staff recommends the Planning and Zoning Commission forward a recommendation of approval to City Council for this property to be included in the Public Zone District. ApPLICANT: Community Development Department, City of Aspen. LOCATION: 450 Maroon Creek Road (Moore Pool). Located west of the School Campus. 1 I""j I""j ZONING: Pitkin County Zoning: AFR-2 for the northern portion. AFR-10 for the southern portion. Proposed City Zoning: Public (PUB) Zone. A copy of the proposed zoning is attached as Exhibit B. LOT SIZE: 21.269 acres. CURRENT LAND USE: Active and passive open space and recreation. Municipal pool and tennis courts. PROPOSED LAND USE: The City Parks and Recreation Departments are considering a redevelopment of this parcel to accommodate an indoor public ice rink, pool, ball fields, and affordable housing. A more detailed presentation of the conceptual development plans will be made during a work session. A PUD application requesting formal approval of the development plans will be submitted in the Spring. PREVIOUS ACTION: The Commission has not previously considered this rezoning request. An informal presentation ofthe conceptual development plan was made to the Commission in the Fall of 1998. REVIEW PROCEDURE: Rezoning. The Planning and Zoning Commission shall consider the application at a public hearing and recommend approval, approval with conditions, or denial to City Council. BACKGROUND: The subject property was annexed into the City of Aspen on January 11, 1999. According to State statute, the City must zone the property within 90 days of the final annexation. The property was zoned AFR-2 and AFR-10 in Pitkin County., These are low-density residential zones. STAFF COMMENTS: The City Planning Department is recommending the Public Zone District because it represents the best possible "fit" with the uses being considered in the Iselin Park Master Plan. The Public Zone District allows for public recreational facilities and for the provision of affordable housing on-site -- a use not allowed in the Park Zone. Representatives of the City Parks and Recreation Departments have been invited to present a conceptual development plan to the Commission during a work session following the public hearing for the rezoning. The purpose of this work session is to 2 1""\. !~ provide direction to the development team for their preparation of a land use application. Review criteria and Staff Findings have been included as Exhibit A. A copy of the Public Zone District requirements has been provided as Exhibit B. RECOMMENDATlON: Staff recommends the Planning and Zoning Commission forward to City Council a recommendation of approval to rezone Iselin and Rotary Parks to the Public (PUB) Zone District, with no conditions. RECOMMENDED MOTlON: "I move to recommend City Council rezone this property, Iselin and Rotary Park, to the Public Zone District." q" -<)"7 0-0 1r~' ATTACHMENTS: Exhibit A -- Review Criteria and Staff Comments Exhibit B -- Public (PUB) Zone District provisions Exhibit C -- Vicinity Map Exhibit D -- Proposed P&Z Resolution 3 f"*'\. ~ EXHIBIT A STAFF COMMENTS: Iselin Rezoning Section 26.92.020, Standards Applicable to Rezoning In reviewing an amendment to the official zone district map, the City Council and the Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding: The proposed zoning is consistent with the Land Use Code and does not represent any potential conflicts. The Public zoning requires all development on the site to proceed through the PUD process in order to determine the appropriate dimensional requirements, parking, general impacts, and intensity of uses. Therefore, before an development occurs, the Planning and Zoning Commission will have the opportunity to review the proposal under a PUD process. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding: The 1993 AACP did identify the Iselin and Rotary Park parcel with the following suggested action: Expand Iselin Parkfor organized recreational activities, and incorporate the Rotary Club proposal for a passive park and semi-active park. The Public Zone District is appropriate for these types of proposed uses. This zone also allows for the provision of affordable housing as a conditional use, which may be a desirable element of the final program. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding: Surrounding the site is the public school campus, medium-density residential, and Maroon Creek. There is a, proposed bridge linking the parks with the base area of Tiehack. The Public Zone allows for uses compatible with the surrounding area. The subsequent PUD process will determine the intensity of those uses allowed and any mitigation measures to offset adverse impacts to the surrounding area. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding: The Public Zone District allows for affordable housing as well as uses similar to those allowed in the Park Zone District. The level of development and its level of traffic generation and impacts on road safety will be evaluated through the POO process. Traffic, transit, pedestrian facilities, and overall road safety have been issues raised by the Commission in work sessions with the Staff Comments 1 "....,\ ~ Parks Department. These issues will remain important elements in the planning process. The existing and potential level of traffic in the area must combine with the high level of existing and potential pedestrian movements in a safe manner, especially considering the age of the pedestrians and peaks in level of activity. The difference between the Public and Park Zone Districts would have no bearing on this transportation issue - both allow the same uses and intensities, and both are reviewed through the PUD process. Transportation issues, the acceptable level of trip generation, and the most appropriate and safe design will be determined and required through the PUD process. The project team does include a traffic consultant who will address transportation in detail. The development program for the parcel is in the conceptual stages. The applicant realizes that safe transportation is a primary design parameter and has made specific accommodations in designing the site. This zoning does not allow development as of right to occur without full review as a PUD, and the Parks Department has been very cooperative in accommodating the concerns of staff and the Commission in programming the site. Staff believes the Public Zone District is the most appropriate for this parcel and that the PUD process requirement allows for sufficient review of the final proposal. E. Whether and the extent to which the proposed amendment would result in demands on public facilitIes, and whether and the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding: The zone district designation will not, itself, have an effect on the provision of public facilities. Again, this topic is a criterion of PUD and of GMQS. Applicants are required to provide letters of intent for services which the development affects, and upgrades to the system or other appropriate mitigation measures are typically required if found to be necessary. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding: The natural features of the site are being considered with the master planning effort. The river corridor, recreational connections, transit, and use schedules with the surrounding parcels are all being considered to reduce the level of impact the development may have on the natural environment. The Public zoning designation will not adversely affect the natural environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding: The Parks Department has been working with the surrounding property owners to achieve a reasonable compatibility with the neighborhood. This process will continue. Staff believes the master planning effort is consistent with the AACP and that the Public zoning is compatible with the City character. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Comments 2 r--. ^ Staff Finding: Annexation of the property into the City of Aspen is a condition, which requires this process. The Public Zone District allows for the current use of the property and allows for the uses being considered in the master planning effort. I. Whether the proposed amendment would be in conflict with the public interest, and is in hannony with the purpose and intent of this title. Staff Finding: This proposed Public Zone District does not pose any conflicts with the public' interest. The AACP specifically reflects a community desire for increased recreational facilities at this location, and the flexibility to accommodate employee housing on"site for those additional jobs created by the development represents good land use planning and should be encouraged. Staff believes this zone district will promote the purpose and intent of this Title and will be in harmony with the public interest. Staff Comments 3 """" ~ EXHIBIT B 26.28.250 Public (PUB). . A. Purpose. The purpose of the Public (PUB) zone district is to provide for the development of governmental and quasi-governmental facilities for cultural, educational,. civic and other governmental purposes. B. Permitted uses. The following uses are permitted as of right in the Public (PUB) zone district. I. 2. 3. 4. 5. 6. 7. 8. 9. 10. II. 12. 13. Library; Museum; Post office; Hospital; Essential governmental and public utility uses, facilities, services and buildings (excluding maintenance shops); Public transportation stop; Terminal building, and transportation related facilities; Public surface and underground parking areas; Fire station; Public school; Public park; Arts, cultural and recreational activities, buildings and uses; and Accessory buildings and uses. C.' Conditional uses. The following uses are permitted as conditional uses in the Public (PUB) zone district, subject to the standards and procedures established in Chapter 26.60. I. Maintenance shop; and 2. Affordable housing. D. Dimensional requirements. The dimensional requirements which shall apply to all permitted and conditional uses in the Public (PUB) zone district shall be set by the adoption of a conceptual development plan and final development plan, pursuant to Chapter 26.84, Planned Unit Development. E. bff-street parking requirement. The following off-street parking spaces shall be provided for each use in the Public (PUB) zone district, subject to the provisions of Chapter 26.32. I. Lodge uses: NI A 2. Residential uses: Requires special review pursuant to Chapter 26.64. 3. All other uses: Requires special review pursuant to Chapter 26.64. ttt1 . ~1w ~f ~ ^ LEGAl DFSCRIP1lDN ION A TRACT OF LAND LOCATED IN lHE SWI/4 OF SEC1l0N II AND iHE NWI/4 OF SEC1l0N 14 ALL IN 1105. R85W OF lHE 6lH P.M., COUNTY OF PI1l<IN, STATE OF COLORADO. DESCRI8ED AS FOLLOWS: BEGINNING AT iHE 51/4 CORNER OF SAID SEC1l0N II. lliENCE S39'51'DD"W. 1061.60 FEET ALONG lliE SOUlHEASTERL Y UNE OF iHA T TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN BOOK 119 AT PAGE 40 OF iHE RECORDS OF PI1l<IN COUNTY, COLORADO; iHENCE N4Z'35'OO"W. 372.00 FEET ALONG lliE SOUlHWESTERL Y UNE OF iHAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 119 AT PAGE 40: lHENCE N90'OO'00"W, 178.75 FEET ALONG lliE SOUlH UNE OF lliAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 119 AT PAGE 40 TO lliE APPROXIMATE CENTER- UNE OF MAROON CREEK; lHE FOLLOWING FIVE (5) COURSES AND DISTANCES ARE ALONG iHE APPROXIMATE CENTERUNE OF SAID MAROON CREEK; N31'08'zO"W, 51.37 FlEET; N07"29'45'E, 167.Z8 FEET; NI8'51'ZI"E, 86.99 FEET; NI5'Dz'28"E. 188.91 FlEET; NI0'0I'D3"W, 71.19 FEET TO lHE SOUlH UNE OF lliE SWI/4 OF SAID SEC1l0N II; lHENCE. LEAVING iHE APPROXIMATE CENTERUNE OF SAID MAROON CREEK, 589'48'ZO'E, 26.91 FEET ALONG lHE SOUlH UNE OF lHE SWI/4 OF SAID SEC1lON II AND lHE SOUlHERL Y UNE OF MAROON CREEK CLUB SUBDIVISION (SOUlH) AN ANNEXA 1l0N MAP RECORDED IN 800K 41 AT PAGE 76 IN lHE RECORDS OF PITKIN COUNTY, COLORADO; lliENCE NOO'14'51"W. 201.82 FlEET ALONG lHE-EASTERLY UNE OF SAID MAROON CREEK CLUB SUBDIVISION (SOUlH) ANNEXA 1l0N; lHENCE N33'OI'14"E, Z8I.07 FlEET ALONG lHE EASTERLY UNE OF SAID MAROON CREEK CLUB SUBDIVISION (SOUiH) ANNEXA1l0N; lHENCE N02'16'09"W, 264.36 FEET ALONG lHE EASTERLY UNE OF SAID MAROON CREEK CLUB SUBDIVISION (SOUiH) ANNEXA 1l0N TO lHE NORlHEASTERL Y UNE OF lHAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN BOOK 789 AT PAGE 214 OF iHE RECORDS OF PI1l<IN COUNTY, COLORADO; lHENCE SSS'32'30" E, 605.85 FEET ALONG iHE NORlHEASTERLY UNE OF lHAT' TRACT OF LAND AS DESCRIBED IN SAID BOOK 789 AT PAGE 214 TO iHE NORiH- WEST CORNER OF lHA T TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN BOOK 341 AT PAGE 127 OF iHE RECORDS OF PI1l<IN COUNTY, COLORADO; lHENCE S56'32'20"E, 144.15 FEET ALONG lHE NORlliEASTERLY UNE OF iHA T TRACT OF LAND AS DESCRIBED IN BOOK 341 AT PAGE 127 TO lHE NORlHWEST CORNER OF lHAT TRACT OF LAND AS- DESCRIBED IN DEED RECORDED IN BOOK 248 AT PAGE 962 OF lHE RECORDS OF PI1l<IN COUNTY, COLORADO; lHENCE SOUiHEASTERL Y, 129.76 FEET ALONG lHE ARC OF A CURVE CONCAVE TO iHE NORlHEAST AND ALONG lHE NORlHEASTERLY UNE OF iHAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 246 AT PAGE 962, SAID ARC HAVING A RADIUS OF 700.00 FEET, A CENTRAL ANGLE OF 10'37'14", AND BEING SUBTENDED BY A CHORD lHA T BEARS S61'12'27'E. 129.57 FEET; lHENCE S89' 48'20"E. 50.85 FEET ALONG lHE NORlliEASTERL Y UNE OF iHA T TRACT OF LAND AS DESCRIBED IN SAID BOOK 246 AT PAGE 962 TO iHE NORlHEAST CORNER iHEREOF; iHENCE SOI'22' 4O"W, 41.23 FlEET ALONG lHE EASTERLY UNE OF iHA T TRACT TRACT OF LAND AS DESCRIBED IN SAID BOOK 246 AT PAGE 962; lHENCE SlI'12'40'W, 191.00 FEET ALONG lHE EASTERLY UNE OF lHAT TRACT OF LAND AS DESCRIBED IN BOOK 246 AT PAGE 962; TO lHE SOUlli UNE OF iHE SWI/4 OF SAID SEC1l0N II; lHENCE S89'411'20'E 130.00 FEET ALONG iHE SOUlli UNE OF lHE SWI/4 OF SAID SEC1lON J1 TO lliE POINT OF BEGINNING. 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