HomeMy WebLinkAboutcoa.lu.an.Burlingame Bar X 1998 Memorandum
TO: Mayor and Members of Council
FROM: John P. Worcester
DATE: December 14, 1998
RE: Burlingan~6 Ranch Annexation Ordinance - First Reading
Attached for your consideration and review is a proposed ordinance which, if adopted, would annex
the Burlingame Ranch Property to the City of Aspen. This matter is before you for First Reading.
The original petition for annexation was filed with the City Clerk on July 20, 1998. On july 27,
1998, City Council adopted a resolution finding substantial compliance with Section 31-12-107(I),
C.R.S. A public hearing was held on November 9, 1998, at which time Council determined that the
proposed annexation was in compliance with §§ 31-12-104 and 31-12-105, C.R.S.
Attached for your information please find a copy of the Burlingame Ranch Annexation Report
prepared by the City Community Development Department for the Pitkin County Board of County
Commissioners. The report was prepared in accordance with state law as the area proposed to be
annexed is greater than twenty acres. Appended to the report is a copy of a map of the area
proposed to be annexed.
City staff will be present at the public hearing to answer any questions you might have on the
proposed annexation and potential impacts the annexation will have on City operations.
The decision to annex property to the City is a legislative act and is entirely within your
discretionary powers, You may annex, or not, for any reason, or no reason at all.
ACTION REQUIRED: A Motion to approve Ordinance No. ~'~" , Series of 1998, on First
Reading.
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JPW-12/OS/98-G: \ john \word\memos \bur lin~a~e, doc
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TO: Pitkin County Board of County Commissioners
c/o Suzarme Konchan, County Manager
Amy Margerum, City Man¢~r/~/~_
THRU:
· FROM: Julie Ann Woods, Interim Community Development Directoi~.
DATE: October 14, 1998
SUBJECT: Burlingame Ranch Annexation Impact Report
Attached please find the Burlingame Ranch Annexation Impact Report for yom- review
and consideration. This copy is provided to you to meet the statutorY requirements which
mandate this report for properties of twenty (20) acres or more considering annexation.
The City Council opened the hearing on this annexation at their meeting on September
28th. but continued the hearing until November 9th to allow the county adequate time to
consider this report.
If you or any of the County Commissioners have questions regarding this Impact Report.
please feel free to contact Julie Ann Woods at 920-5100. Otherwise. we look forward to
the joint meeting between the City Council and the BOCC on this project.
cc: Mayor and City Council
fohn Worcester. City Attorney
Cindy Houben, Pitkin County Community Development Director
City of Aspen
Annexation Impact Report
Burlingame Ranch Annexation
Prepared by:
Aspen/Pitkin Community Development Dept.
October 15, 1998
Table of Contents
Overview
1. Municipal Services to be provided for the Annexation Area
2. Financing of Municipal Services for the Annexation Area
3. Existing Zoning Districts within the Annexation Area
4. Effect of Annexation upon the Local Public School Distr/ct System
5. Map Appendices
A. Present and proposed boundaries of the City of Aspen in the vicinity of the
proposed annexation
B. Streets, water mains, and other utilities in the vicinity of the proposed
annexation.
C. Existing Zoning Districts
D. Proposed Zoning Districts
E. Existing land use patterns in the vicinity of the area to be
annexed
F. Proposed land use patterns in the vicinity of the area to be
annexed
Overview
The City of Aspen is considering the annexation of approximately 215 acres in two
parcels known locally as the Burlingame Ranch in Pitkin County. The property is located
south and east of the Aspen Airport Business Center and Highway 82 (east parcel--90
acres), and south and.southwest of the Pitkin County Airport and Highway 82 (west
parcel--125 acres). A portion of Highway 82 is also included in the proposed Annexation
Area. The City of Aspen is the owner of the subject property (excluding the highway)
and purchased the property with the intent of developing it primarily for affordable
housing. The Aspen-Pitkin Housing Authority has been working on a master plan for this
area in cooperation with neighboring properties. It is anticipated that a development
application for the subject pro. perty will be filed in late 1998 or 1999. Currently, the
property is vacant.
1., Municipal Services to be Provided to the Annexation Area
The City of Aspen will provide to the annexation area all municipal services normally
performed by the City or provided to other parts of the City, including road maimenan6e.
These services include police and fire services, water and sewer utilities, trail
maintenance, municipal administrative services such as planning and zoning, and
recreation facility access.
Specifically, the Annexation Area is scheduled to be served by City of Aspen municipal
water, Aspen Consolidated Sanitation Dislrict sanitary sewer, Holy Cross Electric
Association, Rocky Mountain Natural Gas, U.S. West Communications (telephone) and
TCI Cable (television). Law enforcement will be provided by the City of Aspen Police
Dept. The Annexation Area is located within the Aspen Fire Protection District, and fire
suppression is by the Aspen Volunteer Fire Dept.
It is anticipated that the area will be developed for affordable housing and some limited
free-market residences and a significant mount of open space and conservation areas.
2. Financing of MuniCipal Services for the Annexation Area
Municipal Services will be financed through existing sources of revenue generation,
including property taxes, real estate transfer tax and user fees. No new sources of
revenue generation are anticipated. Attached is an analysis prepared by the City of Aspen
Finance Office of the costs of the provision of municipal services to the Annexation Area
and the sources and mounts of revenue anticipated from the Annexation Area.
Memo
To: Amy Margerum,, John Worchester, S~teve Barwick. Julie Ann Woods
From: Tabatha Miller, Finance Director~'~)
Date: October 7. 1998
Re: Budingame Annexation
The annexation of the Budingame parcel will have little immediate financial effect on the
City of Aspen. The property is currently vacant land owned by the City and therefore will not
increase our property tax or sales tax collections. There are no maintained streets or
residents to add to City responsibilities. The only current financial imolication appears to be
weed control for the property, estimated to cost $3.000 a year.
· Page I
3. Existing and Proposed Zoning Districts within the
Annexation Area
!the existing zoning within the Annexation Area consists of AFR-2 and AFR-10 zorting
within Pitkin County, which is intended for agricultural, forestry and residential use with
2 acre and 10 acre minimum lot sizes respectively. Within 90 days of Annexation, the
ctcf must establish the zone districts for the land. It is anticipated that the property will
include lands zoned Open Space, Conservation, Rural Residential, and RIvIF-A for
Affordable Housing. A map of these existing (county) and anticipated (city) zoning
districts is provided as an appendix to this report.
4. Effect of Annexation upon the Local Public School District
System
Children of school age residing within the Annexation Area would attend schools
provided by the Aspen School district RE 1 whether that area was under City or County
jurisdiction. In 1995, both the City and the County adopted conformed ordinances with
respect to school land dedication standards.
For these reasons, annexation would have no effect on the number of students generated,
or the capital required or available to educate such students. It is anticipated, however,
that when development does occur within the annexation area, that fees would~be
generated for the school district through the subdivision of lands.
5. Map Appendices
THE CiTY OF ASPEN
September 18, 2000
Pitkin County Attorney
530 East Main
Aspen. CO 81611
Gentlemen
The City of Aspen Council has scheduled a public hearing Monday, October 23,
2000 ar 5:00 p.m. in the City Council Chambers, on the Bar/X Ranch annexation. The
Bar/X Ranch is east of town.and adjacem to the city-owned Burlingame property.
The purpose of the hearing ~s to determine and make a finding whether the area
proposed for annexation is eligible for annexation. Please call the City Clerk's office at 920-
5060 ff you have any questions.
Sincerely
City Clerk
Enclosure
Resolution #123, 2000
Petition for Annexation
By certified mail
130 Sovm G^[I/NA $'rR~r As?~t~, COLORaOO-816II-1975 l>~ot~l~ 970.920.5000 F~x 970,920.5197
PETITION FOR ANNEXATION
TO THE CITY OF ASPEN, COLORADO:
The undersigned ("Petitioner"), this Y day of ~$,~ 2000, hereby
petitions ("Petition") the City of Aspen, Colorado, to annex to the City of Aspen, the
unincorporated territory located in the County of Pitkin, State of Colorado, described as
set forth on Exhibit A attached hereto and incorporated herein by reference ("Annexation
Property"). In support of this Petition, Petitioner alleges that:
1. It is desirable and necessary that the Annexation Property be annexed
to the City of Aspen, Colorado.
2. The requirements of Section 31-12-104 and 31-12-105 Colorado
Revised Statutes ("C.R.S. ")exist or have been met.
3. A community of interest exists between the Annexation Property and the
City of Aspen, Colorado.
4. The Annexation Property is urban or will be urbanized in the near
future and the Annexation Property is integrated with or ~s capable of being integrated
with the City of Aspen, Colorado.
5. Not less than one-sixth (1/6) of the perimeter of the AnnexationProperty
is contiguous with the City of Aspen, Colorado.
6. The signer of this Petition comprises more than fifty percent (50%) of the
landowners in the Annexation Property owning more than fifty percent (50%) of the
Annexation Property, exclusive of streets and alleys; and the signer of this Petition hereby
consents to the establishment of the boundaries of the Annexation Property as shown on
the annexation plat submitted herewith.
7. The signer of this Petition comprises the owner of one hundred percent
(100%) of the Annexation Property.
8. The Annexation Property is not presently a part of any incorporated
city, city and county, or town; nor have any proceedings been commenced for
incorporation or annexation of an area that is part or all of the Annexation Property; nor
has any election for annexation of the Annexation Property or substantially the same
territory to the City of Aspen, Colorado been held within the twelve (12) months
immediately preceding the filing of this Petition.
9. The proposed annexation will not result in detachment of area from
any school district or attachment of same to another school district.
10. Except to the extent necessary to avoid dividing parcels within the
Annexed Property held in identical ownership, at least fifty percent (50%) of which are
within the three (3) mile limit, the proposed annexation will not extend the municipal
boundary of the City of Aspen more than three (3) miles in any direction from any point
of the current municipal boundary.
11. The proposed annexation will not result in the denial of reasonable
access to any landowner, owner of an easement, or owner of a franchise adjoining a
platted street or alley which has been annexed by the City of Aspen but is not bounded on
both sides by the City of Aspen.
12. In establishing the boundaries of the Annexation Property, no land
which is held in identical ownership, whether consisting ora single tract or parcel of real
estate or two or more contiguous tracts or parcele of real estate:
(a) is being divided into separate parts or parcels without the
written consent of the landowner or landowners thereof; or
(b) comprising twenty (20) acres or more and together with
buildings and improvements situate thereon having a valuation for assessment in
excess of $200,000.00 for ad valorem tax purposes for the year next preceding the
proposed annexation, is included in the Annexation Property without the written
consent of the landowner or landowners.
13. The legal description of the land owned by the signer of this Petition
is set forth underneath the name of such Petitioner on Exhibit B, attached hereto and
incorporated herein by this reference. As more particularly described on Exhibit B, the
land owned by petitioner Bar~X Ranch, LLC ("Bar/X Property") constitutes one hundred
percent (100%) of the Annexation Property pursuant to Section 31-12-107(1)(g) of the
Annexation Act.
14~ The affidavit of the circulator of this Petition certifying that each
signature on this Petition is the signature of the person whose name it purports to be and
certifying the accuracy of the date of such signature is attached hereto as Exhibit C and
is incorporated herein by this reference.
15. This Petition is accompanied by four prints of an annexation map
containing, among other things, the following information:
(a) A written legal description of the boundaries of the
Annexation Property;
(b) A map showing the boundary of the Annexation Property;
(c) Within the annexation boundary map, a showing of the
location of each ownership tract in unplatted land and, if part or all of the area is
platted, the boundaries and the plat numbers of plots or of lats and blocks; and
(d) Next to the boundary of the Annexation Property, a drawing
of the contiguous boundary of the annexing municipality abutting the Annexation
Property.
16. The Petitioner requests that the City of Aspen institute the zoning
approval process for the Annexed Property in accordance with C.R.$. Section 3l -./2-1./5
and Sections of the Land Use Code of the City of Aspen, and that the
City approve and execute an annexation and development agreement ("Annexation and
Development Agreement") which establishes vested property rights for the Annexation
Property and otherwise establishes the development plan for the Annexation Property in
accordance with the Pre-annexation Agreement dated ,2000, executed between
Petitioner and the City (the "Pre-annexation Agreement").
17. The signer of this Petition hereby reserves the right to withdraw this
Petition at any point prior to the later to occur of' (i) thirty-five (35) days after the
effective date o fa final ordinance approving the Annexation and Development Agreement
pursuant to applicable provisions of the City Code of the City of Aspen, and C.R.S,
Section 24-68-~ 01 et seq.; (ii) three days after the expiration of the time period prescribed
by the Charter of the City of Aspen for filing a referendum petition challenging the
ordinance approving the annexation; (iii) any later date provided for in such Annexation
and Development Agreement; (iv) thirty-five days after the date of final approval by the
City ora site specific development plan for the Annexation Property; or (v ) in the event
that the City of Aspen and/or Pitkin County fail to include the Annexed Property within
their respective delineated "Committed Areas" on or before December 31, 2001, pursuant
to the terms of the proposed constitutional amendment, commonly referred to as "Citizen
Management of Growth," should the same be adopted by the voters of Colorado in the
2000 General Election. Neither the City nor the Petitioner shall cause the occurrence of
the conditions necessary to the effectiveness of this annexation pursuant to 31-12-113
(2)(a)(I)(lI) C.R.S. by recordation of the annexation ordinance and annexation maps, until
the expiration of the latest of the foregoing enumerated events.
18. Upon the annexation ordinance becoming effective, and subject to the
conditions set forth in this Petition and in the Annexation and Development Agree~nent,
2
the Annexation Property shall become subject to all ordinances, resolutions, rules and
regulations of the City of Aspen, except as otherwise set forth in the Annexation and
Development Agreement, and except for general property taxes of the City of Aspen which
shall become effective on January i of the next succeeding year following passage of the
annexation ordinance.
19. This Petition is filed on the condition that, concurrently with its
approval of annexation of the Annexation Property: (i) the City of Aspen approve zoning
of the Annexation Property that is substantially consistent with the application [br zoning
approval which Petitioner will submit following the City of Aspen making the required
finding of this Petition's substantial compliance with the requirements of the Annexation
Act; and (ii) the City of Aspen approve and authorize execution of the Annexation and
Development Agreement consistent with the Pre-annexation Agreement; and (iii) the final
approval by the City of a site specific development plan for the Annexation Property
consistent with the Pre-Annexation Agreement.
20. Except for the terms and conditions of this Petition and of the
Annexation and Development Agreement as made subject to the terms hereof, which terms
and conditions Petitioner expressly approves and which therefore do not constitute an
imposition of additional terms and conditions within the meaning of C.R.S.
Section 31-12-107(1)(g), no additional terms and conditions shall be imposed upon
annexation of the Annexation Property to the City of Aspen.
THEREFORE, Petitioner requests that the City Council of the City of
Aspen, Colorado complete and approve the annexation of the Annexation Property,
pursuant to the prowsions of the Annexation Act.
Respectfully submitted this ~ day of ~w-~. ,2000.
Signature of Landowner/Petitioner: Bar/X Ranch LLC, a Colorado limited Hability
company
Name:
Title:
Date of Signature: S~r~, rwf~
Mailing Address: cio Herbert S. Klein, Esq., 201 North Mill Street, Suite 203, Aspen,
CO 81611
Resident of the Annexation Property? NO
EXHI~q lT C
TO PETITION FOR ANNEXATION
Affidavit of Circulator
The undersigned, being of lawful age, who being first duly sworn upon oath
deposes and says:
That he was the circulator of the foregoing Petition for Annexation of
lands to the City of Aspen, consisting of pages, including this page, and that the
signature of ~mz~¥ F i F ~¢e ~- thereon was witnessed by the circulator and is
the true and original signature of the person whose name it purports to be, and that the
date of such signature is correct.
Circulator
STATE OF [4/gO /t4 /g/ ~ )
J SS.
CO UNTY OF ;r&--f~ttf )
The f~eg~ing ~FI~A~T OF CIRCU~OR was subscribed and sworn to before
me this ~ day of~¢~ ,2000, by ~/ ~ ~ /~L
Witness my hand and official seal.
My commission expires: ~/~ ~
Nota~ Public
zoline~petition. 1