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HomeMy WebLinkAboutcoa.lu.rz.marooncreekrd.A09302 t-o. CASE NUMBER PARCEL 10 # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY A093-02 Maroon Creek Road Rezoning Maroon Creek Road Sarah Oates Rezoning City of Aspen ORD 13 OF 2003 06/02/03 ODRISCOLL r-I. roon '— A093-02 — C4,,viv ap q-1 o:5 0 a CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY A093-02 Maroon Creek Road Rezoning Maroon Creek Road Sarah Oates Rezoning City of Aspen ORD 13 OF 2003 06/02/03 D DRISCOLL 0 �:) rl� it* �-� ----Y� PARCEL ID: DATE RCVD: 11/5/02 # COPIES:r- CASE NO A093-02 CASE NAME: Maroon Creek Road Rezoning PLNR: PROJ ADDR: Maroon Creek Road CASE TYP: Rezoning STEPS: OWN/APP: City of Aspen ADR 130 S Galena St CIS/Z: Aspen/CO/8161 I PHN: REP: ADR: C/S/Z: PHNI FEES DUE: None FEES RCVD: None STAT: F REFERRALS REF: BYF DUE: j MTG DATE REV BODY PH NOTICED DATE OF FINAL ACTION: REMARKS CITY COUNCIL: P2 CLOSED: r BY: BOA: DRAC: PLAT SUBMITD: PLAT (BK,PG):r � ADMIN] 0 MEMORANDUM 0 Ville TO: Mayor and City Council � i THRU: Julie Ann Woods, Community Development Director FROM: Sarah Oates, Zoning Officer So RE: Zoning of Proposed City Portion of Maroon Creek Road-2"d Reading DATE: March 10, 2003 APPLICANT /OWNER: City of Aspen LOCATION: Proposed City Portion of Maroon Creek Road, Annexation Parcels A-E (see Exhibit "B" for map and Exhibit "C" for legal description) PROPOSED ZONING: PUB (Public) SUMMARY: The City of Aspen has annexed Maroon Creek Road from the roundabout to the Iselin Park tennis courts and is required to rezone an annexed property within 90 days of the annexation. SUMMARY: The Applicant is requesting to rezone the portion of the Maroon Creek Road from the roundabout to the Iselin Park tennis courts (see attachment "A" for location), to PUB (Public) Zone District. The above -described portion of the Maroon Creek Road has been annexed into the City of Aspen and pursuant to state statute the annexed area must be given a zoning designation. APPROVED AND CURRENT LAND USE: The City REVIEW PROCEDURE: portion of the Maroon Creek Road is used for Rezoning (Two Step Review). City transportation to the Aspen School District Council may approve or deny an Campus, Aspen Recreation Center, Aspen application for rezoning, after Highlands Village, Maroon Bells and several considering a recommendation from the residential subdivisions. Planning and Zoning Commission, a recommendation from the Community Development Director, and after considering public comment. STAFF COMMENTS: Rezoning: As the City is required to provide a zoning designation for a newly annexed property, Staff finds that the PUB (Public) Zone District supports the proposed use of the parcel. The purpose of the PUB (Public) Zone District is to "provide for the development of governmental and quasi -governmental facilities for cultural, educational, civic and other governmental purposes." Permitted uses in this zone district include transportation related facilities and public transportation stops. STAFF ANALYSIS SUMMARY: Staff finds that the proposed rezoning application meets or exceeds the requirements set forth in Land Use Code Section 26.310.040, to approve an amendment to the official zone district map. Staff and the Planning and Zoning Commission recommend approval of the proposed rezoning. 0 • STAFF RECOMMENDATION: Staff recommends that City Council approve the proposed rezoning ordinance. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No.13, Series of 2003, approving the proposed rezoning application to rezone the Annexation Parcels A-E of the Maroon Creek Road Annexation (as shown on the attached map and legal description) to PUB (Public)." Attachments: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Annexation and Proposed Rezoning Map Exhibit C -- Legal Description of Annexation and Proposed Rezoning L-W 07 12 Q CJ�Gc c� Cv� ! J 4 EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS ZONING THE PORTION OF THE MAROON CREEK ROAD ANNEXED INTO THE CITY OF ASPEN PUB (PUBLIC) REVIEW CRITERIA & STAFF FINDINGS In reviewing an amendment to the official zone district map, the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding Staff does not feel that the proposed zoning application is in conflict with any portion of the Land Use Code. The City is required to rezone a property following annexation and the PUB (Public) Zone District is compatible with the proposed use. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding Staff believes that the proposed zoning application is consistent with the Aspen Area Community Plan. The annexation of lands along Maroon Creek Road are supported by the Urban Growth Boundary as approved in the 2000 AACP. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding Staff believes that the proposed zoning is compatible with the surrounding zone districts and land uses. These uses include a school, recreation center and residential development, all of which need the public road for access. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding Staff does not believe that the proposed zoning will have an effect on traffic generation nor road safety. Staff finds this criterion to be met. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether 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 Staff does not feel that there will be an increase in the demand for public facilities. This is simply zoning land which has been annexed into the City and public infrastructure impacts were dealt with during approvals for the various projects that have taken place along Maroon Creek Road. Staff finds this criterion to be met. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding Staff does not believe that the proposed zoning application would result in adverse impacts on the environment. Staff finds this criterion to be met. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding Staff believes that the proposed zoning application will not affect the community character within the City of Aspen. Staff finds this criterion to be met. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding The City of Aspen is currently completing the Aspen Recreation Center and recently annexed Aspen Highlands Village. These changed conditions support the annexation of a portion of the Maroon Creek Road along with the subsequent zoning. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding Staff believes that the proposed zoning application would not be in conflict with the purpose and intent of the land use code or the public interest. Co ------ - -- ----- ---------- - - ----------------- Beginning of area to be annexed and rezoned Maroon Creek Road* --------- -- End of area to be A annexed and rezoned dip t 16 /A 4, • ANNEXATION PARCEL DESCRIPTIONS: PARCELS OF LAND SITUATED IN A PORTION OF SECTIONS 1 I AND 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. SAID PARCELS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ANNEXATION PARCEL A PROPERTY DESCRIPTION Commencing at the S 1/4 CORNER SECTION 1 1 T 10 S, R 85 W OF 6th P.M., A FOUND REBAR & CAP, ILLEGIBLE (LS 9018 RECORD); thence N.88°56'32"W., a distance of 112.89 feet to a point on the easterly boundary of Iselin Park P.U.D. the true point of beginning; thence N.88°57'31 "W., along said boundary line a distance of 16.95 feet; thence continuing along said boundary line N.12°03'29"E., a distance of 191.00 feet; thence continuing along said boundary line N.02° 13'29"E., a distance of 41.23 feet; thence leaving said boundary line N.10'40'16"E., a distance of 398.85 feet to a point on the westerly boundary of the Aspen School District property; thence S.01 °51'57"W., along said boundary line a distance of 283.96 feet to the Northwest corner of Open Space Area 2 of the Moore Family P.U.D.; thence S.01 °51'57"W., along the westerly boundary of said Open Space Area 2 a distance of 227.87 feet; thence continuing along said boundary a distance of 113.35 feet along the arc of a non -tangent curve to the right having a radius of 312.29 feet and a central angle of 20°47'47" (chord bears S.12° 15'39"W. 112.73 feet); thence leaving said boundary N.88°32' 16"W., a distance of 57.82 feet; to the POINT OF BEGINNING. Containing 28,475 square feet or 0.654 acres, more or less. ANNEXATION PARCEL B PROPERTY DESCRIPTION Commencing at the S 1/4 CORNER SECTION 11 T 10 S, R 85 W OF 6th P.M. FOUND REBAR & CAP, ILLEGIBLE (LS 9018 RECORD); thence N.21 °01'20"W., a distance of 246.67 feet to the Southeast corner of that property described in REC #388528 of the Pitkin County records the true point of beginning; thence N.01 °57'23"E., along the boundary of said property a distance of 739.66 feet; thence continuing along said boundary of said property N.01 °52'47"E., a distance of 326.10 feet; thence leaving the boundary of said property S.03° 13'23"E., a distance of 674.27 feet to a point on the westerly boundary line of the Aspen School District property; thence leaving said boundary S.10°40' 16"W., a distance of 398.85 feet to the POINT OF BEGINNING. Containing 32,128 square feet or 0.738 acres, more or less. ANNEXATION PARCEL C PROPERTY DESCRIPTION Commencing at the S 1/4 CORNER SECTION 1 1 T 10 S, R 85 W OF 6th P.M. FOUND REBAR & CAP, ILLEGIBLE (LS 9018 RECORD); thence N.02° 18'53"W. a distance of 1296.59' feet to a point on the boundary of that property described in REC #388528 of the Pitkin County records the true point of beginning; thence along said boundary line a distance of 316.43 feet along the arc of a non -tangent curve to the right having a radius of 205.42 feet and a central angle of 88015'31" (chord bears N.46°00'31 "E. 286.06 feet); thence leaving said boundary line 5.86°30'03"E., a distance of 841.81 feet to a point on the boundary of the Aspen School District property; thence the following four (4) courses 1. S.88051'57"W., a distance of 291.77 feet 2. S.89"40'57"W., a distance of 550.04 feet 3. a distance of 222.88 feet along the arc of a non -tangent curve to the left having a radius of 145.42 feet and a central angle of 87°49'00" (chord bears 5.45°46'27"W. 201.70 feet) 4. S.01051'57"W., a distance of 671.36 feet; thence N.03° 13'23"W., a distance of 674.27 feet to the POINT OF BEG INNING. Containing 62,730 square feet or 1.440 acres, more or less. ANNEXATION PARCEL D PROPERTY DESCRIPTION Commencing at the S 1/4 CORNER SECTION 1 1 T 10 S, R 85 W OF 6th P.M. FOUND REBAR & CAP, ILLEGIBLE (LS 9018 RECORD); thence N.05°51'47"E., a distance of 1502.07 feet to a point on the boundary of that property described in REC #388528 of the Pitkin County records the true point of beginning; thence the following four (4) courses 1. N.89041'47"E., a distance of 547.59 feet 2. N.88052'47"E., a distance of 745.86 feet 3. a distance of 320.74 feet along the arc of curve to the left having a radius of 1,447.35 feet and a central angle of 12°41'49" (chord bears N.82°31'52"E. 320.08 feet) 4. N.760 10'58"E., a distance of 370.00 feet; thence 5.75006' 1 1 "W., a distance of 798.34 feet to the Southwest corner of Maroon Creek Road right-of- way as dedicated on the plat of Meadowood Subdivision Filing Two; thence N.00°40'19"E., along the westerly boundary of said right-of-way and right-of-way extended 13.54 feet; thence leaving said right-of- way and right-of-way extended S.88°48'31 "W., along the northerly boundary of the Moore Family P.U.D. and the northerly boundary extended 58.43 feet; thence continuing along said northerly boundary S.88°52'08"W., a distance of 300.00 feet; thence leaving said northerly boundary N.86°30'03"W., a distance of 841.81 feet to the POINT OF BEGINNING. Containing 59,884 square feet or 1.375 acres, more or less. ANNEXATION PARCEL E PROPERTY DESCRIPTION Commencing at the S 1/4 CORNER SECTION 1 1 T 10 S, R 85 W OF 6th P.M. FOUND REBAR & CAP, ILLEGIBLE (LS 9018 RECORD), thence N.52°17'28"E., a distance of 2684.00 feet to a point on the boundary line of that property described in REC #388528 of the Pitkin County records the true point of beginning, thence the following three (3) courses 1. a distance of 338.28 feet along the arc of a non -tangent curve to the left having a radius of 440.00 feet and a central angle of 44°03'00" (chord bears N.54°09'28"E. 330.01 feet) 2. N.32007'58"E., a distance of 492.10 feet 3. N.00025' 13"W., a distance of 92.66 feet to a point on the southerly right-of-way of State Highway No. 82; thence along said southerly right-of-way a distance of 139.44 feet along the arc of a non -tangent curve to the left having a radius of 1196.00 feet and a central angle of 06°40'49" (chord bears 5.58°09'27"E. 139.36 feet); thence leaving said right-of-way S.24°44'38"W., a distance of 114.70 feet ; thence S.42°43'08"W., a distance of 189.74 feet to a point on the southerly right-of-way boundary of Maroon Creek road as dedicated on the Meadowood Filing Two Plat; thence the following four (4) course: 1. S.32007' 19"W., a distance of 270.21 feet 2. a distance of 392.10 feet along the arc of curve to the right having a radius of 510.00 feet and a central angle of 44°03'00" (chord bears S.54°08'49"W. 382.51 feet) 3. S.76010' 19"W., a distance of 370.00 feet 4. a distance of 432.75 feet along the arc of curve to the right having a radius of 1,710.00 feet and a central angle of 14°30'00" (chord bears S.83025'19"W. 431.60 feet); thence N.75°06' 1 l "E. 798.34 feet to the POINT OF BEGINNING. Containing 114,761 square feet or 2.635 acres, more or less. 0 MEMORANDUM 0 V1 I TO: Mayor and City Council THRU: Julie Ann Woods, Community Development Director FROM: Sarah Oates, Zoning Officer RE: Zoning of Proposed City Portion of Maroon Creek Road-0 Reading DATE: February 10, 2003 APPLICANT /OWNER: City of Aspen LOCATION: Proposed City Portion of Maroon Creek Road, Annexation Parcels A-E (see Exhibit "B" for map and Exhibit "C" for legal description) PROPOSED ZONING: PUB (Public) SUMMARY: The City of Aspen is annexing Maroon Creek Road from the roundabout to the Iselin Park tennis courts and is required to rezone an annexed property within 90 days of the annexation. APPROVED AND CURRENT LAND USE: The proposed City portion of the Maroon Creek Road is used for transportation to the Aspen School District Campus, Aspen Recreation Center, Aspen Highlands Village, Maroon Bells and several residential subdivisions. SUMMARY: The Applicant is requesting to rezone the portion of the Maroon Creek Road from the roundabout to the Iselin Park tennis courts (see attachment "A" for location), to PUB (Public) Zone District. The above described portion of the Maroon Creek Road is in the process of being annexed into the City of Aspen and pursuant to state statute the area to be annexed must be given a zoning designation. REVIEW PROCEDURE Rezoning (Two Step Review). City Council may approve or deny an application for rezoning, after considering a recommendation from the Planning and Zoning Commission, a recommendation from the Community Development Director, and after considering public comment. STAFF COMMENTS: Rezoning: As the City is required to provide a zoning designation for a newly annexed property, Staff finds that the PUB (Public) Zone District supports the proposed use of the parcel. The purpose of the PUB (Public) Zone District is to "provide for the development of governmental and quasi -governmental facilities for cultural, educational, civic and other governmental purposes." Permitted uses in this zone district include transportation related facilities and public transportation stops. STAFF ANALYSIS SUMMARY: Staff finds that the proposed rezoning application meets or exceeds the requirements set forth in Land Use Code Section 26.310.040, to approve an amendment to the official zone district map. Staff and the Planning and Zoning Commission recommend approval of the proposed rezoning. 0 STAFF RECOMMENDATION: Staff recommends that City Council approve the proposed rezoning ordinance. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No. _a, Series of 2003, approving the proposed rezoning application to rezone the Annexation Parcels A-E of the Maroon Creek Road Annexation (as shown on the attached map and legal description) to PUB (Public). " Attachments: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Proposed Annexation and Rezoning Map Exhibit C -- Legal Description of Proposed Annexation and Rezoning 2 ORDINANCE NO. t5 (SERIES OF 2003) A ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE PROPOSED ZONING OF ANNEXATION PARCELS A-E OF THE MAROON CREEK ROAD ANNEXATION TO THE PUB (PUBLIC) ZONE DISTRICT, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from the City of Aspen requesting to rezone the Annexation Parcels A-E of the Maroon Creek Road to the PUB (Public) Zone District; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval for the proposed rezoning to PUB (Public); and, WHEREAS, upon review of the application and the applicable code standards, the Planning and Zoning Commission recommended approval by a vote of seven to zero (7-0) for the proposed rezoning to PUB (Public); and, WHEREAS, the City Council has reviewed and considered the rezoning under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the City Council finds that this ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF CITY COUNCIL AS FOLLOWS: Section 1: That the portion of the Maroon Creek Road as described in attached Exhibit A is hereby zoned to the Public (PUD) Zone District. Section 2• The Community Development Director will note the changes on the official zone district map. Section 3• All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4• This ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. 3 Section 5: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCEC, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 10`h day of February, 2003 APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Attorney ATTEST: Kathryn Koch, City Clerk Helen Kalin Klanderud, Mayor rd EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS ZONING THE PORTION OF THE MAROON CREEK ROAD ANNEXED INTO THE CITY OF ASPEN PUBLIC (PUD) REVIEW CRITERIA & STAFF FINDINGS In reviewing an amendment to the official zone district map, the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding Staff does not feel that the proposed zoning application is in conflict with any portion of the Land Use Code. The City is required to rezone a property following annexation and the PUB (Public) Zone District is compatible with the proposed use. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding Staff believes that the proposed zoning application is consistent with the Aspen Area Community Plan. The annexation of lands along Maroon Creek Road are supported by the Urban Growth Boundary as approved in the 2000 AACP. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding Staff believes that the proposed zoning is compatible with the surrounding zone districts and land uses. These uses include a school, recreation center and residential development, all of which need the public road for access. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding Staff does not believe that the proposed zoning will have an effect on traffic generation nor road safety. Staff finds this criterion to be met. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether 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 Staff does not feel that there will be an increase in the demand for public facilities. This is simply zoning land which is proposed to be annexed into the City and public infrastructure impacts were dealt with during approvals for the various projects that have taken place along Maroon Creek Road. Staff finds this criterion to be met. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding Staff does not believe that the proposed zoning application would result in adverse impacts on the environment. Staff finds this criterion to be met. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding Staff believes that the proposed zoning application will not affect the Community Character within the City of Aspen. Staff finds this criterion to be met. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding The City of Aspen is currently completing the Aspen Recreation Center and recently annexed Aspen Highlands Village. These changed conditions support the proposed annexation of a portion of the Maroon Creek Road along with the subsequent zoning. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding Staff believes that the proposed zoning application would not be in conflict with the purpose and intent of the land use code or the public interest. 0 • Exhibit C ANNEXATION PARCEL DESCRIPTIONS: PARCELS OF LAND SITUATED IN A PORTION OF SECTIONS I 1 AND 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. SAID PARCELS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ANNEXATION PARCEL A PROPERTY DESCRIPTION Commencing at the S 1/4 CORNER SECTION 1 I T 10 S, R 85 W OF 6th P.M., A FOUND REBAR & CAP, ILLEGIBLE (LS 9018 RECORD); thence N.88°56'32"W., a distance of 112.89 feet to a point on the easterly boundary of Iselin Park P.U.D. the true point of beginning; thence N.88°57'31 "W., along said boundary line a distance of 16.95 feet; thence continuing along said boundary line N.12°03'29"E., a distance of 191.00 feet; thence continuing along said boundary line N.02° 13'29"E., a distance of 41.23 feet; thence leaving said boundary line N.10'40' 16"E., a distance of 398.85 feet to a point on the westerly boundary of the Aspen School District property; thence S.01 °51'57"W., along said boundary line a distance of 283.96 feet to the Northwest corner of Open Space Area 2 of the Moore Family P.U.D.; thence S.01 °51'57"W., along the westerly boundary of said Open Space Area 2 a distance of 227.87 feet; thence continuing along said boundary a distance of 113.35 feet along the arc of a non -tangent curve to the right having a radius of 312.29 feet and a central angle of 20°47'47" (chord bears S.12° 15'39"W. 112.73 feet); thence leaving said boundary N.88°32'16"W., a distance of 57.82 feet; to the POINT OF BEGINNING. Containing 28,475 square feet or 0.654 acres, more or less. ANNEXATION PARCEL B PROPERTY DESCRIPTION Commencing at the S 1/4 CORNER SECTION 11 T 10 S, R 85 W OF 6th P.M. FOUND REBAR & CAP, ILLEGIBLE (LS 9018 RECORD); thence N.21 °01'20"W., a distance of 246.67 feet to the Southeast corner of that property described in REC #388528 of the Pitkin County records the true point of beginning; thence N.01 °57'23"E., along the boundary of said property a distance of 739.66 feet; thence continuing along said boundary of said property N.01 °52'47"E., a distance of 326.10 feet; thence leaving the boundary of said property S.03° 13'23"E., a distance of 674.27 feet to a point on the westerly boundary line of the Aspen School District property; thence leaving said boundary S.10°40' 16"W., a distance of 398.85 feet to the POINT OF BEGINNING. Containing 32,128 square feet or 0.738 acres, more or less. ANNEXATION PARCEL C PROPERTY DESCRIPTION Commencing at the S 1/4 CORNER SECTION 11 T 10 S, R 85 W OF 6th P.M. FOUND REBAR & CAP, ILLEGIBLE (LS 9018 RECORD); thence N.02°18'53"W. a distance of 1296.59' feet to a point on the boundary of that property described in REC 4388528 of the Pitkin County records the true point of beginning; thence along said boundary line a distance of 316.43 feet along the arc of a non -tangent curve to the right having a radius of 205.42 feet and a central angle of 88' 15'31 " (chord bears N.46°00'31 "E. 286.06 feet); thence leaving said boundary line S.86°30'03"E., a distance of 841.81 feet to a point on the boundary of the Aspen School District property; thence the following four (4) courses 1. S.88051'57"W., a distance of 291.77 feet 2. S.89040'57"W., a distance of 550.04 feet 3. a distance of 222.88 feet along the arc of a non -tangent curve to the left having a radius of 145.42 feet and a central angle of 87°49'00" (chord bears S.45°46'27"W. 201.70 feet) 4. S.0 1 05 1'57"W., a distance of 671.36 feet; thence N.03° 13'23"W., a distance of 674.27 feet to the POINT OF BEGINNING.Containing 62,730 square feet or 1.440 acres, more or less. ANNEXATION PARCEL D PROPERTY DESCRIPTION Commencing at the S 1/4 CORNER SECTION 11 T 10 S, R 85 W OF 6th P.M. FOUND REBAR & CAP, ILLEGIBLE (LS 9018 RECORD); thence N.05°51'47"E., a distance of 1502.07 feet to a point on the boundary of that property described in REC #388528 of the Pitkin County records the true point of beginning; thence the following four (4) courses 1. N.89041'47"E., a distance of 547.59 feet 2. N.88052'47"E., a distance of 745.86 feet 3. a distance of 320.74 feet along the arc of curve to the left having a radius of 1,447.35 feet and a central angle of 12°41'49" (chord bears N.82°31'52"E. 320.08 feet) 4. N.76010'58"E., a distance of 370.00 feet; thence S.75°06' 1 1 "W., a distance of 798.34 feet to the Southwest corner of Maroon Creek Road right-of- way as dedicated on the plat of Meadowood Subdivision Filing Two; thence N.00°40' 19"E., along the westerly boundary of said right-of-way and right-of-way extended 13.54 feet; thence leaving said right-of- way and right-of-way extended 5.88°48'31 "W., along the northerly boundary of the Moore Family P.U.D. and the northerly boundary extended 58.43 feet; thence continuing along said northerly boundary S.88°52'08"W., a distance of 300.00 feet; thence leaving said northerly boundary N.86°30'03"W., a distance of 841.81 feet to the POINT OF BEGINNING. Containing 59,884 square feet or 1.375 acres, more or less. ANNEXATION PARCEL E PROPERTY DESCRIPTION Commencing at the S 1/4 CORNER SECTION 11 T 10 S, R 85 W OF 6th P.M. FOUND REBAR & CAP, ILLEGIBLE (LS 9018 RECORD); thence N.52° 17'28"E., a distance of 2684.00 feet to a point on the boundary line of that property described in REC #388528 of the Pitkin County records the true point of beginning; thence the following three (3) courses 1. a distance of 338.28 feet along the arc of a non -tangent curve to the left having a radius of 440.00 feet and a central angle of 44°03'00" (chord bears N.54°09'28"E. 330.01 feet) 2. N.32007'58"E., a distance of 492.10 feet 3. N.00025' 13"W., a distance of 92.66 feet to a point on the southerly right-of-way of State Highway No. 82; thence along said southerly right-of-way a distance of 139.44 feet along the arc of a non -tangent curve to the left having a radius of 1196.00 feet and a central angle of 06140'49" (chord bears S.58°09'27"E. 139.36 feet); thence leaving said right-of-way S.24°44'38"W., a distance of 114.70 feet ; thence S.42°43'08"W., a distance of 189.74 feet to a point on the southerly right-of-way boundary of Maroon Creek road as dedicated on the Meadowood Filing Two Plat; thence the following four (4) course: 1. S.32007'l9"W., a distance of 270.21 feet 2. a distance of 392.10 feet along the arc of curve to the right having a radius of 510.00 feet and a central angle of 44°03'00" (chord bears S.54°08'49"W. 382.51 feet) 3. S.76010' 19"W., a distance of 370.00 feet 4. a distance of 432.75 feet along the arc of curve to the right having a radius of 1,710.00 feet and a central angle of 14°30'00" (chord bears S.83°25'19"W. 431.60 feet); thence N.75006' 1 I "E. 798.34 feet to the POINT OF BEGINNING. Containing 114,761 square feet or 2.635 acres, more or less. ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE Z / '/L 4r�l ADDRESS OF PROPERTY: (� �^����� 4� if Y �? � R� , Aspen, COZ SCHEDULED PUBLIC HEARING DATE: 200 STATE OF COLORADO ) ) SS. County of Pitkin ) I, _ LA_C1 (name, please print) LI'4 —=�— being or representing, an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. gnature The foregoing "affidavit of Notice" was acknowledged before met s �3 day of , 200 Eby-- WITNESS MY HAND AND OFFICIAL SEAL O?:. y My commission expires: %. < Notary Public tS ..... ..PLO COLOP ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGA9 T �T OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL r� PUBLIC NOTICE RE: MAROON CREEK ROAD REZONING NOTICE IS HEREBY GIVEN that a public hearint will be held on Tuesday, January 7. 2003 at meeting to begin at 4:30 p.m. before the Aspet Planning and Zoning Commission, at the Asper City Hall, 130 South Galena Street, Aspen. Colors do in the Cit, Council Chambers Room, to con sider an touncation submitted by the City of As pen for rezoning of a portion of Maroon Creel Road legally described as: PARCELS OF LAND SITUATED IN A PORTION Of SECTIONS 11 ' AND 12, TOWNSHIP 10 SOUTH RANGE 85 WEST OF THE 6th P.M. SAID PARCELS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: REZONING PARCEL A PROPERTY DESCRIPTION Commencing at the S 1/4 CORNER SECTION 11 T 10 S. R 85 W OF 6th P.M., A FOUND REBAR & CAP. ILLEGIBLE (LS 9018 RECORD); thence N.88 56'32"W., a distance of 112.89 feet to a point on the easterly boundary of Iselin Park P.U.D. the true point of beginning; thence N.88-57'31"W along said boundary line a distance of 16.95 feet; thence continuing along said boundary line N.12 03'29"E., a distance of 191.00 feet: thence continuing along said boundary line N.02'13'29"E., a distance of 41.23 feet; thence leaving said boundary line N.10-40'16"E., a dis- tance of 398.85 feet to a point on the westerly boundary of the Aspen School District property; thence S.01 51'57"W along said boundary line a distance of 283.96 feet to the Northwest corner of Open Space Area 2 of the Moore Family P.U.D.: thence S.01-51'57'W. along the westerly boun- dary of said Open Space Area 2 a distance of 227.87 feet; thence continuing along said boun- dary a dlrtance of 113.35 feet along the arc of a non-tangei:t curve to the right having a radius of 312.29 feet -nd a central angle of 20 47'47" (chord Wars S.12 1539"W. 112.73 feet); thence leaving said 'ooundary N.88'32'16' W, a distance of 57.82 feet; to the POINT OF BEGINNING. Containing 28,475 square feet or 0.654 acres, more or less. REZONING PARCEL B PROPERTY DESCRIPTION Commencing at the S 1/4 CORNER SECTION 11 T 10 S, R 85 W OF 6th P.M. FOUND REBAR & CAP, ILLEGIBLE (LS 9018 RECORD); thence N.21 01'20"W., a distance of 246.67 feet to the central angle of 14 30'00" (chord bears S.83 25'19"W. 431.60 feet); thence N.75 06'11"E. 79b.34 feet to the POINT OF BEGINNING. Containing 114,761 square feet or 2.635 acres. more or less. The road Is commonly know as the Maroon Creek Road and will be rezoned from the round- about on Highway 82 to the Iselin Park Tennis Courts. The road will be zoned Public (PUD) as part of the annexation of the road into the City of Aspen. For further information, contact Sarah Oates at the Aspen/ Pltkin County Community Develop. ment Department, 130 S. Galena St., Aspen, CO (970) 920-5441, saraho@ci.aspen.ro.us. 5/Jasmine tygre, Chair Aspen Planning and Zoning Commission Published in The Aspen Times on December 21, 2002.(9857) 0 ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE � (Ai(A ADDRESS OF PROPERTY: �Y ,Aspen, C� /� SCHEDULED PUBLIC HEARING DATE: , 200 STATE OF COLORADO ) SS. County of Pitkin ) I /I (name, please print) being o representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 200, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Sature The foregoing "Affidavit of Notice" was acknowledged before met is .=.S day of +-�j , 200 -3by WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL 11 PUBLIC NOTICE RE: MAROON CREEK DAD REZONING NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday. March 10. 2003 at a meet- ing to begin at 5:00 p.m. before the Aspen City Council, at the Aspen City Hall, 130 South Galena Street, Aspen, Colorado In the City Council Cham- bers Room, to consider an application submitted by the City of Aspen for rezoning of a portion of Maroon Creek Road legally described as: PARCELS OF LAND SITUATED IN A PORTION OF SECTIONS 11 AND 12, TOWNSHIP 10 SOUTK* RANGE 85 WEST OF THE 6th P.M. SAID PARCELS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: REZONING PARCEL A PROPERTY DESCRIP- TION Commencing at the S 1/4 CORNER SECTION I T 10 S, R 85 W OF 6th P.M., A FOUND REBAR & CAP, ILLEGIBLE (IS 9018 RECORD); thence N.88`56'32"W, a distance of 112.89 feet to a point on the easterly boundary of Iselin Park P.U.D. the true point of beginning; thence N.88'57'31' W, along said boundary line a distance of 16.95 feet; thence continuing along said boundary lin` N . 12'03'29"E., a distance of 191.00 feet; thence continuing along said boundary line N.02'13'29"E., a distance of 41.23 feet; thence leaving said boundary One N.10'40'16"E., a dis- tance of 398.85 feet to a point on the westerly boundary of the Aspen School District property; thence S.01'51'57"W, along said boundary line a distance of 283.96 feet to the Northwest corner of Open Space Area 2 of the Moore Family P.U.D.; thence S.01'51'57' W, along the westerly boun- dary of said Open Space Area 2 a distance of 227.87 feet; thence continuing along said boun- dary a distance of 113.35 feet along the arc of a non -tangent curve to the right having a radius of 312.29 feet and a central angle of 20'47'47" (chor(O bears S.12'15'39"W. 112.73 feet); thence leaving said boundary N.88'32'16"W, a distance of 57.82 feet; to the POINT OF BEGINNING. Containing 28,475 square feet or 0.654 acres. more or less. REZONING PARCEL B PROPERTY DESCRIP- TION Commencing at the S 1/4 CORNER SECTION 11 T 10 S, R 85 W OF 6th P.M. FOUND REBAR & CAP, ILLEGIBLE (LS 9018 RECORD); thence N.21'01'20' W, a distance of 246.67 feet to thGG�,� Southeast corner of that property described id- REC N389528 of the Pitkin County records the time point of beginning; thence N.01"57'23"E., along the boundary of said property a distance of 739.66 feet; thence continuing along said boun- dary of said property N.01"52'47"E., a distance of 326.10 feet; thence leaving the boundary of said property S.03'13'23"E., a distance of 674.27 feet to a point on the westerly boundary line of the As- pen School District property; thence leaving sal(" boundary S.10'40'I6"W, a distance of 398.85 feet to the POINT OF BEGINNING. Containing 32,128 square feet or 0.738 acres, more or less. REZONING PARCEL C PROPERTY DESCRIP- TION Commencing the S 1/4 CORNER SECTION I T 10 S, R 85 W OF 6th P.M. FOUND REBAR & CAP, ILLEGIBLE (VS 9018 RECORD); thence N.02'18'53"W. a distance of 1296.59' feet to a point on the boundary of that property described - In REC #388528 of the Pitkin County records thell time point of beginning; thence along said boun- dary line a distance of 316.43 feet along the arc of a non -tangent curve to the right having a radius of 205.42 feet and a central angle of 88'15'31" IN E E: qC� 4 Q C4 MN W ogs N ;o p38y .01g S `m iu CvC ` o O 0 «„ va. 0oho= ��oa �mp Y O O N ui N s 01 M ih y y 3 _ q rV. r AL 9 L CmC ,�`rmpr�M v 6 y ,,::�88SS t8- N a+ t m O N L.. N OIL. C� g C 8 2 O O P � L00 r A ocOZU mt C 8vr.. pZCT y vV.N pL Vi _; "i0'i 3Iy V 5N Z92,6 ! UnN V. e p0j pmjU� Q'N CL NOD L. " 8 C 3 T O V �uu o a, nua2 rm22 = CCuCp-o�~'pGO��� L1 C A k A=pp A �r' v's �D 4 C o 2 C_ 9 V N N p o� L O v C r 3 C p T_ A of M m m u L OJ p T mO, k7t0 aiO�4] 9paAPbE� * t o 2pp N po p OOs0. 009 y�M d UN P ZZ R.t. CONOZ N W L8 OLCC� >, O C' .s. v. •. N e+i � u Z< � .t. L O N N C V) � 9 C V OL o� yAy om f_ < pC >1r C<p yyN U� C 8 .yy. ul E L yy O� `p o y N C 401 p i Bg�Y fi_'Smm 00uq A-o �=u ZH yER a,5 -a'Sm `cci 0y Oo � v sZ:o7 Via°=ap, 8 a O b G g V L E 0 9 p t $ 47 Z O r 8 v O r C N^ O .. v W y L9 °0 ``ii o�"n u"pi 'qCv' � v�;nM y`0 [pClp3 L N =N C y ..9NN ZO Y Z 9 0 v�0•`3°a8m`o a°i �`'�o ua �pZ Ew !,n tmucy3viv�bm..euiia,0lo!,�j{O�E`n , v u u f V M V I Q N r V e Z FINAL PLAT OF: -WAY I G H T - 0 F OF SECTIONS 11 AND 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. • CITY OF ASPEN, A PARCEL OF LAND SITUATED IN A PORTION COUNTY OF PITKIN, STATE OF COLORADO :SHEET 2 OF 2 1 �1114 RN£R SEC 11 FOUND BL - CTR 1/4 CORNER S.-C 11 FOUND REBAR & GiP, LS - - - - - - 9184 - - - - - - - - - - - - - - BRASS CAP ANNEXATION PARCEL DESCR1P77ONS• PARCELS OF LAND 5l7i/ATED IN A PORTION OF SEC770VVS 11 AND 12, 7-Or1NSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. SAID PARCELS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ANN£XA77ON PARCEL A PROPERTY DESCRIP7701V Commencing at the S 1/4 CORNER SECTION 11 T 10 S R 85 W OF 6th P.M., A FOUND REBAR & CAP, ILLEGIBLE (LS 9018 RECORD), thence N885632"W., a distance of 112.89 feet to a point on the easterly boundary of Iselin Pork P.U.D. the true point of beginning,- thence N.885731"W., along said boundary line o distance of 16.95 feet; thence continuing along said boundary line N.1203'29 E, a distance of 191.00 feet, thence continuing along said ha,.ndory line N 027329 E, a distance of 41.23 feet; thence leaving said boundary line N.f040'16 E, a distance of 398.85 feel to a point on the westerly boundary of the Aspen School District property, thence S.0151 57W., along said boundary line a distance of 283.96 feet to the Northwest comer of Open Space Area 2 of the Moore Family P.U.D.; thence S.015157"W, along the westerly boundary of said Open Space Area 2 a distance of 227.87 feet; thence continuing along said boundary a distance of 113.35 feet along the arc of a non -tangent curve to the right having a radius of 31229 feet and a central angle of 204747" (chord bears S.127539"W. 112.73 feet); thence leaving said boundary N.8832'16"W., a distance of 57.82 feet, to the POINT OF BEGINNING. Containing 28,475 square feet or 0.654 acres, more or less. ANNEXATION PARCEL B PROPERTY DESCRIPTION Commencing at the S 1/4 CORNER SECTION 11 T 10 S, R 85 W OF 6th P.M. FOUND REBAR & CAP, ILLEGIBLE (LS 9018 RECORD), thence A12119120"W., a distance of 246.67 feet to the Southeast comer of that property described in REC I388528 of the Pitkin County records the true point of beginning; thence N.015723 E, along the boundary of sold property a distance of 739.66 feet; thence continuing along said boundary of said property N.015247 E, a distance of 326.10 feet; thence leaving the boundary of soic property S.037323 E, a distance of 674.27 feet to a point on the westerly boundary line of the Aspen School District property, thence leaving said boundary S 1040'16"W., a distance of 398.85 feet to the POINT OF BEGINNING Containing 32,128 square feet or 0.738 acres, more or less. ANNEXATION PARCEL C PROPERTY DESCRIPTION Commencing at the S 1/4 CORNER SECTION 11 T 10 S, R 85 W OF 6th P.M. FOUND REBAR & CAP, ILLEGIBLE (LS 9018 RECORD),' thence N.027853W. o distance of 1296.59' feet to a point on the boundary of that property described in REC IM8528 of the Pitkin County records the true point of beginning; thence along said boundary line a distance of 316.43 feet o%ng the arc of a non -tangent curve to the right having a radius of 205.42 feet and a central angle of 8875;31" (chord bears N.460031 E 286.06 feet); thence leaving said boundary line S.863003 E, a distance of 841.81 feet to o point on the boundary of the Aspen School District property, thence the following four (4) courses 1. 58851 57"W., a distance of 291.77 feet 2. 58940'57"W., a distance of 550.04 feet J. a distance of 222.88 feet along the orc of o non -tangent curve to the left having a radius of 145.42 feet and a central angle of 874900" (chord bears S 4546 27"W. 201.70 feet) 4. S.015157"W., a distance of 671.36 feet,• thence N.03732J"W., a distance of 674.27 feet to the POINT OF BEGINNING Containing 62,730 square feet or 1.440 acres, more or less. ANNEXATION PARCEL D PROPERTY DESCRIPTION Commencing at the S 1/4 CORNER SECTION 11 T 10 S R 85 W OF 6th Ph FOUND REBAR & CAP, ILLEGIBLE (LS 9018 RECORD),- thence N055147E, c distance of 1502.07 feet to a point on the boundary of that property described in REC IM8528 of the Pitkin County records the true point of beginning; thence the following four (4) courses 1. N894147£., a distance of 547.59 feet 2. N885247 E., a distance of 745.86 feet J. a distance of 320.74 feet along the orc of curve to the left .having o radius of 1,447.35 feet and a central angle of 124149" (chord bears N.82 3152 E 320.08 feet) 4. N.76'10'58 E, a distance of 370.00 feet; thence S.7506'11 "W., a distance of 798.34 feet to the Southwest corner of Maroon Creek Road right-of-way as dedicated on the plat of Meadowood Subdivision Filing Two; thence N0040'19 E, along the westerly boundary of said right-of-way and right-of-way extended 13.54 feet; thence leaving said right-of-way and right-of-way extended 58848'31"W., along the northerly boundary of the Moore Family P.U.D. and the northerly boundary extended 58.43 feet; thence continuing along said northerly boundary 58852108"W., a distance of 300.00 feet, thence leaving said northerly boundary N.8630'03"W., a distance of 841.81 feet to the POINT OF BEGINNING. Containing 59,884 square feet or 1.375 acres, more or less. ANN£XA77ON PARCEL E PROPERTY DESCRIPTION Commencing at the S 1/4 CORNER SECTION 11 T 10 S R 85 W OF 6th P.M. FOUND REBAR &CAP, ILLEGIBLE (LS 9018 RECORD),' thence N.527728 E, a distance of 2684.00 feet to a point on the boundary line of that property described in REC 1388528 of the Pitkin County records the true point of beginning- thence the following three (3) courses 1. a distance of 338.28 feet along the arc of a non -tangent curve to the left having a radius of 440.00 feet and a central angle of 44 i73'00" (chord bears N.54 09 28 E 330.01 feet) 2. N320758 E, a distance of 492.10 feet J. N.0075'13"W., a distance of 92.66 feet to a point on the southerly right-of-way of State Highway No. 82; thence along said southerly right -of --way a distance of 139.44 feet along the arc of a non -tangent curve to the left having a radius of 1196.00 feet and a central angle of 06 40 49" (chord bears 5 5809 27 E 139.36 feet),- thence leaving said right-of-way 5244438"W., a distance of 114,70 feet ; thence 54243108"W., a distance of 189.74 feet to a point on the southerly right-of-way boundary of Maroon Creek road as dedicated on the Meadowood Filing Two Plot,- thence the following four (4) course: 1. S.3207'19"W., a distance of 270.21 feet 2. a distance of 392.10 feet along the arc of curve to the right having a radius of 510.00 feet and a central angle of 440300" (chord bears S.5408'49"W. 382.51 feet) J. 57670'19"W., a distance of 370.00 feet 4. a distance of 432.75 feet along the arc of curve to the right having o radius of 1,710.00 feet and a central angle of 1430'00" (chord bears 58375'19"W. 431.60 feet), thence N.75001 E 798.34 feet to the POINT OF BEGINNINGG, Containing 114,761 square feet or 2.635 acres, more of less. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION 8 ASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN FOUND REBAR & 16' NAIL W.C. CAP, LS 20133 i FOUND REBAR & CAP, LS 20133 FOUND P.K. N �F a� . OBIT/ O P� AMWTIOMI TABLE CONTIGUOUS I AO (1� ONESIXTH PARCEL BOUMARY PERIAETER 221.84 FEET ITOTAL ANNEXATION PARCEL BOUNDARY PERIAETER 1,330.04 FEET CONTIGUOUS TON 9WARY 398.85 FEET © ONE SIXTH (1/6) PARCEL BOIMDARY PERIAETER 356.48 FEET TOTAL ANNEXATION PARCEL BOtMARY PERIAETER 2,138.88 FEET VQ' / CONTIGUOUS TOWN BOUNDARY 674.27 FEET © ONE SIXTH (1/6) PARCEL BWARY PERIAETER 594.76 FEET TOTAL ANNEXATION PARCEL BOIADARY PERIAETER 3,568.56 FEET Q' OO OOTSIXTTH�(t� PARCEL. 10lMl0ARY PERIAETER 84-1.81 FEET 666.05 FEET FEET TOTAL ANNEXATION PARCEL BOUNDARY PERIAETER 3,996.31 CONTIGUOUS TOW OWARY 1,148.61 FEET (D ONE SIXTH (116) PARCEL BOMOARY PERIAETER 605.05 FEET I TOTAL ANNEXATION PARCEL BOI/DARY PERIAETER 3,630.32 FEET R=205.42 L=316.43 Ton=199.27 Chord=286.06 1 Bearing=N460031 E Delta=887531 " FOUND REBAR & CAP, LS 19598 ANNEXATION PARCEL C 11 BEARS S 02'18'53" E 1296.59'_",� I N037323"W 674.27' CONTIGUOUS BOUNDARY PARCEL C - DARE PROPERTY :P77ON No. 388528) =OUND REBAR & ;AP, LS 27936 FOUND REBAR & FOUND REBAR &; ' CAP, LS 201 3 CAP, LS 27936 & TRUE INT OF BEGINNING ANNEXATION PARC B 1 / S1 /4 SEC 11 BEARS S 21'Oi'20" E 246.6 � / N027329 E 4t 23' SK 341 BK 246 PG 127 PG 962 / N1203'29E 191.00'- i B DARY PARCEL A D /VEL� OM ISELIN AND ROTARY PARKS ANNEXA77ON REC No. 433258 FOUND REBAR & CAP, LS I27936­11� SECTION 1 SECTION 14 N885731-W 16.95 1 PARCEL A UE POINT OF BEGINNING ANNEXATION PARCEL _ ASPEN HIONLANDS St/4 SEC 11 BEARS S 88-56'32" E 11 9' VILLAGE PUD N883216W .81'- Q / ISEUN PARK SOP P.U.D.IFOUND FOUND REBAR & CAP, LS 20133FOUND REBAR &CAP, ILLEGIBLEASPEN HtQAAIDS VILLA D 1 / / FOUND REBAR & J CAP, LS 20133 ASPEN HIGHLANDS j SUBDIVISION TRUE POINT OF BEGINNING ANNEXATION PARCEL D S1/4 SEC 11 BEARS S 05-51'47" W 1502.07' 58940'57"W 550.04' 588515f w �y •, R=145.42 N8630 03"W 841.81 L=222.88 Ton-139.98 Chord=201.70 CON77G000S FOUND I5 REBAR Bearing=S45 46 27"W BOUNDARY Delta=8749'00" PARCEL D n I o 2 p ASPEN SCHOOL ©!STRICT S10'40'16'W 39885' -CONTIGUOUS BOUNDARY PARCEL B FOUND REBAR & CAP, LS 27936 R=312.29 L=113 35 Ton=57.31 - Chord=112.73 Bearing=S1275 ;i9"W Del to=20 47 47" FOUND REBAR & CAP LS 20133 S 1/4 CORNER SECTION 11 T 10N, R85 WOF6th P.M. FOUND REBAR & CAP, ILLEGIBLE (LS 9018 RECORD) PK NAIL IN CONCRETE X IN CONCRETE --, X IN CONCRETE CONTIGUOUS BOUNDARY PARCEL E DERIVED FROM OPEN SPACE ANNEXATION No. 1 TO THE Cl7Y OF ASPEN REC No. 145238 R=1196.00 L=139.44 Ton=69.80 7HE CITY 7HOMAS PROPERTY ANNEXATION 1 Chard=139.36 (BOOK 14 PAGE 26 REC I247060 COUNTY Bearig6509"27 ET OF P17KIN REtr)RDS) '3" Data- =449 N0025192.6 CON77G000S BOUNDARY PARCEL E 524 4438"W DERIVED 7HE CITY 7HOMAS PROPERTY I 114.70' ANNEXA 77ON REC No. 247060 TRUE POINT OF BEGINNING ANNEXATION PARCEL E- Si/4 SEC ll BEARS S 52-17'28" IN 2684.00' R=1447.35 L=320.74 FOUND REBAR CONTIGUOUS 7on=161.03 AND CAP SGM Chord=320.08 LS 15710 BOUNDARY Beor/7g=N823152E PARCEL E Delta=124149" S75001 "W 798.34' I MAROON CREEK r / I' FUND d All 58.4 -J FOUND E 54' ANO AL AP LS FOUND REBA R=1710.DO AND ALUM/NU L=432.75 CAP LS 593 on=217.54 Cho=431.60 Y PUD F ND REBAR D ALUMINUMM P LS 5933 D REBAR AND A UM CAP LS 59 3 FOUND RE R AND ALUM/N M CAP LS 59 3 FOUND RLBM AND ALUM/NO CAP LS 5933 FOUND RLB, W LOT 1, PARCEL A AND ALUM/N M FACILITIES EXEMPTION PLAT CAP LS 5 3 THE MOORE FAMIL Y PUD FOUAD REBAR AND UM/NUM FOUND REBARP 5933 AND ALUM/NU CAP 593 FOUND REBAR & CAP, LS 20133 & CAP, LS 20133 LOT 2, PARCEL A FACILITIES EXEMPTION PLAT 7HE MOORE FAMILY PUD SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARDONDALE, COLORADO 81623 (970) 704-0311 Y FOUN REBAR AND ALUM/ M CAP LS 5933 2 ' WITNESS CORR, ND REBAR D AL M/NUM CAP S R=440.00 L=33828 Ton=178.00 Chord 330.01 Bearing-N54 09 Delta=44 03 00" FOUND i AND ALU) CAP LS _TAREBAR AND LASTIC CAP S 9184 _ F�FOUN RUS DISC 59 20' W1 TIVE F0l/NO REBAR COR. AND ALUMBVUM CAP " 5933 FOUND RE R AND FOUND REBAR ALUM/NUM P LS AND ALUMINUM 5933 20' W7 S CAP LS 5933 FOtfND REBAR AND ALUMINUM CAP LS 5933 FOUND REBAR �'ND ALUMINUM TAP LS 5933 FOUND FOUND REBAR AND CAP ILIEG FOUND REBAR AND ALUMINUM CAP LS 5933 MEADOWOOO SU80114' FILING 2 M£ADOWOOD SUBDIVISION FILING 1 189. 00 10 16.3 38 51 9"W 44 " SE CORNER SECTION 11 T 10 N, R 85 W OF 6M P.M. FOUND BLM BRASS CAP F4 UND REBAR D PLAS77C C P LS 9184 1 FOUND 1954 SPECIAL PURPOSE MONUMENT 2 GRAPHIC SCALE 200 0 100 200 40D 800 ( IN FEET ) I inch = 200 it. RESOLUTION NO. 01 (SERIES OF 2003) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE THE PROPOSED REZONING OF ANNEXATION PARCELS A-E OF THE MAROON CREEK ROAD ANNEXATION TO THE PUB (PUBLIC) ZONE DISTRICT, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from City of Aspen requesting to rezone the Annexation Parcels A-E of the Maroon Creek Road to the PUB (Public) Zone District; and, WHEREAS, upon review of the application, the applicable code standards, and the Community Development Department recommended approval for the proposed rezoning to PUB (Public); and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, during a duly noticed public hearing on January 7, 2002, the Planning and Zoning Commission approved, by a seven to zero (7 - 0) vote, rezoning the portion of Maroon Creek Road, as described above, Public (PUD); and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Section 26.310 of the City of Aspen Land Use Code, the Planning and Zoning Commission recommends that City Council approve the application to rezone Annexation Parcels A-E of the Maroon Creek Road Annexation to the PUB (Public) Zone District. Section 2• All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. 1 0 0 Section 3• This resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 7t' day of January, 2003. APPROVED AS TO FORM: . �L =!-� CM, Attorney ATTEST: 4Z(Q�rJ �Ikie Lothian, Deputy City Clerk PLANNING AND ZONING COMMISSION: 2z� Jasmine Tygre, Chair • • Exhibit A ANNEXATION PARCEL DESCRIPTIONS: PARCELS OF LAND SITUATED IN A PORTION OF SECTIONS 11 AND 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. SAID PARCELS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ANNEXATION'PARCEL A PROPERTY DESCRIPTION Commencing at the S 1/4 CORNER SECTION 11 T 10 S, R 85 W OF 6th P.M., A FOUND REBAR & CAP, ILLEGIBLE (LS 9018 RECORD); thence N.88°56'32"W., a distance of 112.89 feet to a point on the easterly boundary of Iselin Park P.U.D. the true point of beginning; thence N.88°57'31 "W., along said boundary line a distance of 16.95 feet; thence continuing along said boundary line N.12°03'29"E., a distance of 191.00 feet; thence continuing along said boundary line N.02°13'29"E., a distance of 41.23 feet; thence leaving said boundary line N.10°40' 16"E., a distance of 398.85 feet to a point on the westerly boundary of the Aspen School District property; thence 5.01'51'57"W., along said boundary line a distance of 283.96 feet to the Northwest corner of Open Space Area 2 of the Moore Family P.U.D.; thence S.01 °51'57"W., along the westerly boundary of said Open Space Area 2 a distance of 227.87 feet; thence continuing along said boundary a distance of 113.35 feet along the arc of a non -tangent curve to the right having a radius of 312.29 feet and a central angle of 20°47'47" (chord bears S.12°15'39"W. 112.73 feet); thence leaving said boundary N.88°32'16"W., a distance of 57.82 feet; to the POINT OF BEGINNING. Containing 28,475 square feet or 0.654 acres, more or less. ANNEXATION PARCEL B PROPERTY DESCRIPTION Commencing at the S 1/4 CORNER SECTION 11 T 10 S, R 85 W OF 6th P.M. FOUND REBAR & CAP, ILLEGIBLE (LS 9018 RECORD); thence N.21'01'20"W., a distance of 246.67 feet to the Southeast corner of that property described in REC #388528 of the Pitkin County records the true point of beginning; thence N.01°57'23"E., along the boundary of said property a distance of 739.66 feet; thence continuing along said boundary of said property N.01 °52'47"E., a distance of 326.10 feet; thence leaving the boundary of said property S.03°13'23"E., a distance of 674.27 feet to a point on the westerly boundary line of the Aspen School District property; thence leaving said boundary S.10°40'16"W., a distance of 398.85 feet to the POINT OF BEGINNING. Containing 32,128 square feet or 0.738 acres, more or less. ANNEXATION PARCEL C PROPERTY DESCRIPTION Commencing at the S 1/4 CORNER SECTION 11 T 10 S, R 85 W OF 6th P.M. FOUND REBAR & CAP, ILLEGIBLE (LS 9018 RECORD); thence N.02°18'53"W. a distance of 1296.59' feet to a point on the boundary of that property described in REC #388528 of the Pitkin County records the true point of beginning; thence along said boundary line a distance of 316.43 feet along the arc of a non -tangent curve to the right having a radius of 205.42 feet and a central angle of 88°15'31" (chord bears N.46°00'31"E. 286.06 feet); thence leaving said boundary line S.86°30'03"E., a distance of 841.81 feet to a point on the boundary of the Aspen School District property; thence the following four (4) courses 1. S.88051'57"W., a distance of 291.77 feet 2. S.89040'57"W., a distance of 550.04 feet 3. a distance of 222.88 feet along the arc of a non -tangent curve to the left having a radius of 145.42 feet and a central angle of 87°49'00" (chord bears S.45146'27"W. 201.70 feet) 4. S.01051'57"W., a distance of 671.36 feet; thence N.03°13'23"W., a distance of 674.27 feet to the POINT OF BEGINNING.Containing 62,730 square feet or 1.440 acres, more or less. 1 • • ANNEXATION PARCEL D PROPERTY DESCRIPTION Commencing at the S 1/4 CORNER SECTION 11 T 10 S, R 85 W OF 6th P.M. FOUND REBAR & CAP, ILLEGIBLE (LS 9018 RECORD); thence N.05°51'47"E., a distance of 1502.07 feet to a point on the boundary of that property described in REC #3.88528 of the Pitkin County records the true point of beginning; thence the following four (4) courses 1. N.89041'47"E., a distance of 547.59 feet 2. N.88052'47"E., a distance of 745.86 feet 3. a distance of 320.74 feet along the arc of curve to the left having a radius of 1,447.35 feet and a central angle of 12°41'49" (chord bears N.8291'52"E. 320.08 feet) 4. N.76010'58"E., a distance of 370.00 feet; thence S.75°06'11 "W., a distance of 798.34 feet to the Southwest comer of Maroon Creek Road right-of- way as dedicated on the plat of Meadowood Subdivision Filing Two; thence N.00°40'19"E., along the westerly boundary of said right-of-way and right-of-way extended 13.54 feet; thence leaving said right-of- way and right-of-way extended S.88°48'31 "W., along the northerly boundary of the Moore Family P.U.D. and the northerly boundary extended 58.43 feet; thence continuing along said northerly boundary S.88°52'08"W., a distance of 300.00 feet; thence leaving said northerly boundary N.86°30'03"W., a distance of 841.81 feet to the POINT OF BEGINNING.' Containing 59,884 square feet or 1.375 acres, more or less. ANNEXATION PARCEL E PROPERTY DESCRIPTION Commencing at the S 1/4 CORNER SECTION 11 T 10 S, R 85 W OF 6th P.M. FOUND REBAR & CAP, ILLEGIBLE (LS 9018 RECORD); thence N.52°17'28"E., a distance of 2684.00 feet to a point on the boundary line of that property described in REC #388528 of the Pitkin County records the true point of beginning; thence the following three (3) courses 1. a distance of 338.28 feet along the arc of a non -tangent curve to the left having a radius of 440.00 feet and a central angle of 44°03'00" (chord bears N.54°09'28"E. 330.01 feet) 2. N.32007'58"E., a distance of 492.10 feet 3. N.00025'13"W., a distance of 92.66 feet to a point on the southerly right-of-way of State Highway No. 82; thence along said southerly right-of-way a distance of 139.44 feet along the arc of a non -tangent curve to the left having a radius of 1196.00 feet and a central angle of 06°40'49" (chord bears S.58°09'27"E. 139.36 feet); thence leaving said right-of-way S.24°44'38"W., a distance of 114.70 feet ; thence S.42°43'08"W., a distance of 189.74 feet to a point on the southerly right-of-way boundary of Maroon Creek road as dedicated on the Meadowood Filing Two Plat; thence the following four (4) course: 1. S.32007'19"W., a distance of 270.21 feet 2. a distance of 392.10 feet along the arc of curve to the right having a radius of 510.00 feet and a central angle of 44°03'00" (chord bears S.54008'49"W. 382.51 feet) 3. S.76010'19"W., a distance of 370.00 feet 4. a distance of 432.75 feet along the arc of curve to the right having a radius of 1,710.00 feet and a central angle of 14030'00" (chord bears S.83025'19"W. 431.60 feet); thence N.75°06'11 "E. 798.34 feet to the POINT OF BEGINNING. Containing 114,761 square feet or 2.635 acres, more or less. r.-4iv - h �7- 11 • ;�j1 --; �" �L� i /----- --- ------- ].,..-. Beginning of area to be annexed and rezoned Maroon Creek Road ;f -- --- ------------- t v l' - vw S End of area to be (_ annexed and rezoned `�°' �'� iS�r.l• �� t; do _ 16 " 4 I li► :� I _7ff. �.