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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. - -I OD'A .)~o+::::2~ rl MEMORANDUM n\lt\\e. Mayor and City Council ....JAo Julie Ann Woods, Community Development Director S""="" TO: THRU: FROM: RE: DATE: Sarah Oates, Zoning Officer Zoning of Proposed City Portion of Maroon Creek Road-2nd Reading 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. 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. ApPROVED AND CURRENT LAND USE: The 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. 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. '-", ,~ STAFF RECOMMENDATION: Staff recommends that City Council approye 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 G{); ~.J 1tc<<-..6J~ , ~ax'<!l." ~ Lif> "r-i? WJ 2 n ''J 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 ofthe 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 5 r'\ n 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 beenchanged conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. StaffPinding 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. 1. Whether the proposed amendment would be in .conflict with the public interest, and is in harmony with the purpose and intent ofthis 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. 6 ," I :'..' . i ..:~,:~:}--l d 4iW~..'" I$f , \"'" ,',: .,..,,--. Ii. ~-,- r ~ I l-tiJ~ ) b rt- CB . ""-.. "'....~ 'rg/).~ '.~'" 'V . . .' ,f . @ , 1 I I. " /'"..' ( '- .. ~ ./'~,.i .~ ~ 'I 7 7;( / I' I i ".-~'''!.. : ",:'" 1-: C.I.'; 111 ., f " I Ii' ii' ... .. - I Ii ! t.ii" . . \. r-. n , , ~~h)f::,-rV ~ ANNEXATION PARCEL DESCRIPTIONS: PARCELS OFLAND SITUATED INA PORTION OF SECTIONSIIAND 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 II T lOS, R 85 W OF 6th PM., A FOUND REBAR & CAP, 1LLEGlBLE (LS 9018 RECORD); thence N.88056'32"W., a distance of 112.89 feet to a point on the easterly boundary oflselin Park P.D.D. the true point of beginning: thence N.88057'3I "W., along said boundary line a distance of 16.95 feet: tbence continuing along said boundary line N.12003'29"E., a distance of 191.00 feet; thence continuing along said boundary line N.02013'29"E., a distance of 41.23 feet; thence leaving said boundary line N. 10040'1 6"E., a distance of 398.85 feet to a point on the westerly boundary of the Aspen School District property; thence S.OI 051 '57"W., along said boundary line a distance of283.96 feet to the Northwest corner of Open Space Area 2 of the Moore Family P.U.D.; thence S.O I 051 '57"W., along the westerly boundary of said Open Space Area 2 a distance of227.87 feet; thence continuing along said boundary a distance of 113.35 feet along tbe arc ofa non-tangent curve to the right having a radius of312.29 feet and a central angle of 20047'47" (chord bears S.12015'39"W. 112.73 feet): thence leaving said boundary N.88032'16"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 lOS, R 85 W OF 6th P.M. FOUND REBAR & CAP, ILLEGIBLE (LS 9018 RECORD); thence N.21 001 '20"W., a distance of246.67 feet to the Southeast corner of that property described in REC #388528 of the Pitkin County records the true point of beginning; thence N.OI 057'23"E., along the boundary of said property a distance of739.66 feet; thence continuing along said boundary of said property N.Ol 052'47"E., a distance of 326.10 feet; thence leaving the boundary of said property S.03013'23"E., a distance of674.27 feet to a point on the westerly boundary line of the Aspen School District property; thence leaving said boundary S.10040'16"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.02018'53"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 of316.43 feet along the arc of a non-tangent curve to the right having a radius of 205.42 feet and a central angle of 880 15'31 " (chord bears N .46000'31 "E. 286.06 feet); thence leaving said boundary line S.86030'03"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 l. S.88051 '57"W., a distance of 291.77 feet 2. S.89040'57"W., a distance of 550.04 feet 3. a distance of222.88. feet along the arc ofa non-tangent curve to the left having a radius of 145.42 feet and a central angle of 87049'00" (chord bears S.45046'27"W. 201.70 feet) 4. S.OI 051 '57"W., a distance of 671.36 feet; thence N.03013'23"W., a distance of 674.27 feet to the POINT OF BEGINNING. Containing 62,730 square feet or 1.440 acres, more or less. ANNEXA TION PARCEL D PROPERTY DESCRIPTION f\, n 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.05051 '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 of745.86 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 12041'49" (chord bears N.82031 '52 "E. 320.08 feet) 4. N.760I0'58"E., a distance of370.00 feet; thence S.75006'11 "W., a distance of798.34 feet to the Southwest corner of Maroon Creek Road right-of- way as dedicated on the plat of Meadowood Subdivision Filing Two; thence N.00040'19''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.88048'31 "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.88052'08"W., a distance of 300.00 feet; thence leaving said northerly boundary N.86030'03"W., a distance of841.81 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.52017'28"E., a distance of2684.00 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 44003'00" (chord bears N.54009'28"E. 330.01 feet) 2. N.32007'58"E., a distance of 492.1 0 feet 3. N.00025'13''W., a distance of92.66 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 06040'49" (chord bears S.58009'27"E. 139.36 feet); thence leaving said right-of-way S.24044'38"W., a distance of 114.70 feet; thence S.42043'08"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 of270.21 feet 2. a distance of392.1 0 feet along the arc of curve to the right having a radius of 510.00 feet and a central angle of 44003'00" (chord bears S.54008'49"W. 382.51 feet) 3. S.76010'19"W., a distance of370.00 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.75006'11 "E. 798.34 feet to the POINT OF BEGINNING. Containing 114,761 square feet or 2.635 acres, more or less. ,-.., ::J MEMORANDUM ~ i Vt,~ TO: THRU: FROM: RE: DATE: Mayor and City Council Julie Ann Woods, commun~evelopment Director y Sarah Oates, Zoning Officer Zoning of Proposed City Portion of Maroon Creek Road_1st Reading 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. .I'l tl 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. .1..3.-, 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 C--t , 7 /1.......~ CdY"',.,.-J,; r--t: ;-r 1- 5?"'ke.. < 2 1"""1 (') ORDINANCE NO. B (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 THEPlJB (J>l.JBLIC)Z()NEDISTRICT, 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 ofthe application and the applicable code standards, the Community Development Department recommended approval for the proposed rezoning to PUB (Public); and, WHEREAS, upon review ofthe 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 r-.. . 1 t1 ,/ 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 lOth day of February, 2003 APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Attorney Helen Kalin Klanderud, Mayor ATTEST: Kathryn Koch, City Clerk 4 f', n 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 t~ the ~fficial 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 ofthe 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 5 ("'., 1""\ / 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 talcen 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. 6 ,-/lW" f"~~h) bJtQ; @ pm-i:. (jJ .~ \;:i '- I") ~ Exhibit C 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.88056'32"W., a distance of 112.89 feet to a point on the easterly boundary oflselin Park p.U.D. the true point of beginning; thence N.88057'31 "W., along said boundary line a distance of 16.95 feet; thence continuing along said boundary line N.12003'29"E., a distance of 191.00 feet; thence continuing along said boundary line N.02013'29"E., a distance of 41.23 feet; thence leaving said boundary line N.l0040'16"E., a distance 0098.85 feet to a point on the westerly boundary of the Aspen School District property; thence S.0I051'57"W., along said boundary line a distance of283.96 feet to the Northwest corner of Open Space Area 2 of the Moore Family p.U.D.; thence S.OI 051'57"W., along the westerly boundary of said Open Space Area 2 a distance of227.87 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 0012.29 feet and a central angle of20047'47" (chord bears S.12015'39"W. 112.73 feet); thence leaving said bOundary N.88032'16"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.21 001'20"W., a distance of246.67 feet to the Southeast corner of that property described in REC #388528 ofthe Pitkin County records the true point of beginning; thence N.O 1 057'23 "E., along the boundary of said property a distance of 739 .66 feet; thence continuing along said houndary of said property N.01 052'47"E., a distance of 326.10 feet; thence leaving the boundary of said property S.030 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.10040'16''W., a distance 0098.85 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.02018'53"W. a distance of 1296.59' feet to a point on the boundary ofthat property described in REC #388528 of the pitkin County records the true point of beginning; thence along said boundary line a distance of316.43 feet along the arc ofa non-tangent curve to the right having a radius of205.42 feet and a central angle of88015'31" (chord bears N.46000'31 "E. 286.06 feet); thence leaving said boundary line S.86030'03"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 87049'00" (chord bears S.45046'27"W. 201.70 feet) 4. S.0I051'57"W., a distance of 671.36 feet; thence N.03013'23"W., a distance of 674.27 feet to the POINT OF BEGINNING. Containing 62,730 square feet or 1.440 acres, more or less. r"', ~ ANNEXATION PARCEL D PROPERTY DESCRIPTION Commencing at the S 1/4 CORNER SECTION II T 10 S, R 85 W OF 6th P.M. FOUND REBAR & CAP, ILLEGIBLE (LS 9018 RECORD); thence N.05051'47"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 of745.86 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 12041'49" (chord bears N.82031'52"E. 320.08 feet) 4. N.760I0'58"E., a distance of370.00 feet; thence S.75006'II"W., a distance of798.34 feet to the Southwest corner of Maroon Creek Road right-of- way as dedicated on the plat of Meadowood Subdivision Filing Two; thence N.00040'19"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.88048'31"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.88052'08"W., a distance of 300.00 feet; thence leaving said northerly boundary N.86030'03"W., a distance of841.81 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 II T 10 S, R 85 W OF 6th P.M. FOUND REBAR & CAP, ILLEGIBLE (LS 9018 RECORD); thence N.52017'28"E., a distance of2684.00 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 I. 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 44003'00" (chord bears N.54009'28"E. 330.01 feet) 2. N.32007'58"E., a distance of 492.1 0 feet 3. N.00025'13"W., a distance of92.66 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 06040'49" (chord bears S.58009'27"E. 139.36 feet); thence leaving said right-of-way S.24044'38"W., a distance of 114.70 feet; thence S.42043'08"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 of270.21 feet 2. a distance of 392.1 0 feet along the arc of curve to the right having a radius of 51 0.00 feet and a central angle of 44003'00" (chord bears S.54008'49"W. 382.51 feet) 3. S.76'10'19"W., a distance of370.00 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.75006'll "E. 798.34 feet to the POINT OF BEGINNING. Containing 114,761 square feet or 2.635 acres, more or less. ;-" CASE NUMBER PARCEL ill # 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 (1, "'"'"" o O'A ) ~ o-t:'::J~ n, MEMORANDUM TO: THRU: FROM: RE: DATE: n\1l\\e. Mayor and City Council Julie Ann Woods, Community ~ment Director Sarah Oates, Zoning Officer $"."., Zoning of Proposed City Portion of Maroon Creek Road_2nd Reading March 10, 2003 ApPLICANT fOWNER: 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 ] selin 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. 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. ApPROVED AND CURRENT LAND USE: The 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. 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. n () 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 t/~ ~ ~ 1t cQ.... 6J~ L'r' ~ YlCs P4 ~~~ ' 2 n t) 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 5 n , n '~ ' i 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. 6 'I!!r i 'oi Maroon Creek Road I "'\\ \" \ \\ \, I / I ?;,/,c tL_.\~\~""', 11'1' ..ii , ,'\', I /. j 'II.. \ (.f; ... ~\\M.I / \ 'I (// - '.~\ i \~J'.v .-'01 ........\ \ \ ,f? U' ~ jrJ (( ./ / II I ,// I)i ( .....n' ; \ - Ii' " ai, ;1/ ~-~-lMJ (~- ) / . ~~ '~i 'V. I ~:. " , ' :'~/'~;-- ; .," .,/ " @ ~ i I ~~,-, , /;:( /\'::::1 ft. )) I, . " i/ ~h)bJtQ3 i...:': ,., " I , , I / / if -, 'I. .' .,/:~1 '\1 " '(....~),!.. .-. I:':: ('J "", .~ ,. ... , \ It I/! r-; () ~y-h) b'rtJ b ANNEXATION PARCEL DESCRIPTIONS: PARCELS OF LAND SITUATED IN A PORTION OF SECTIONS II AND 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. SAID PARCELS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ANNEXA TION PARCEL A PROPERTY DESCRIPTION Commencing at the S 1/4 CORNER SECTION II 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 ofIselin Park P.U.D. the true point of beginning; thence N.88057'31 "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.IO'40'16"E., a distance of 398.85 feet to a point on the westerly boundary of the Aspen School District property; thence S.OI '51 '57"W., along said boundary line a distance of283.96 feet to the Northwest comer of Open Space Area 2 of the Moore Family P.U.D.: thence S.Ol '51 '57"W., along the westerly boundary of said Open Space Area 2 a distance of227.87 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 01312.29 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 of57.82 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 II T lOS, R 85 W OF 6th P.M. FOUND REBAR & CAP, ILLEGIBLE (LS 9018 RECORD): thence N.21 'OI'20"W., a distance of246.67 feet to the Southeast comer of that property described in REC #388528 of the Pitkin County records the true point of beginning; thence N.OI '57'23"E., along the boundary of said property a distance of739.66 feet; thence continuing along said boundary of said property N.O! '52'47"E., a distance 01326.10 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.IO'40'16"W., a distance 01398.85 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 II 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 of205.42 feet and a central angle of88'15'31" (chord bears N.46'OO'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.88'51'57"W., a distance of 291.77 feet 2. S.89'40'57"W., a distance of 550.04 feet 3. a distance of222.88 feet along the arc ofa 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.OI '51 '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. ANNEXA TION PARCEL D PROPERTY DESCRIPTION A tl Commencing at the S 1/4 CORNER SECTION II 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.89'41 '47"E., a distance of 547.59 feet 2. N.88'52'47"E., a distance of745.86 feet 3. a distance of320.74 feet along the arc of curve to the left having a radius of 1,447.35 feet and a central angle of ]2041 '49" (chord bears N.82031 '52 "E. 320.08 feet) 4. N.760I0'58"E., a distance of370.00 feet; thence S.75006'11 "W., a distance of798.34 feet to the Southwest comer of Maroon Creek Road right-of- way as dedicated on the plat of Meadowood Subdivision Filing Two; thence N.00040'19"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.D.D. and the northerly boundary extended 58.43 feet; thence continuing along said northerly boundary S.88052'08"W., a distance of 300.00 feet; thence leaving said northerly boundary N.86030'03"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 II T 10 S, R 85 W OF 6th P.M. FOUND REBAR & CAP, ILLEGIBLE (LS 9018 RECORD); thence N.52017'28"E., a distance of2684.00 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 I. 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 44003'00" (chord bears N.54009'28"E. 330.01 feet) 2. N.32007'58"E., a distance of 492.10 feet 3. N.00025'13"W., a distance of92.66 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 06040'49" (chord bears S.58009'27"E. 139.36 feet); thence leaving said right-of-way S.24044'38"W., a distance of 114.70 feet; thence S.42043'08"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 of270.21 feet 2. a distance of 392.10 feet along the arc of curve to the right having a radius of 51 0.00 feet and a central angle of44003'00" (chord bears S.54008'49"W. 382.51 feet) 3. S.7601 0'19"W., a distance of370.00 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.75006'11 "E. 798.34 feet to the POINT OF BEGINNING. Containing 114,761 square feet or2.635 acres, more or less. ~ MEMORANDUM n ;I VI' c.. TO: THRU: FROM: RE: DATE: Mayor and City Council Julie Ann Woods, Community Development Director y Sarah Oates, Zoning Office;9=> Zoning of Proposed City Portion of Maroon Creek Road_1st Reading February 10,2003 ApPLICANT fOWNER: 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 ofthe 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. r'1 1"""\ j 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. 12, 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 C'f , 7 /1-..~ ~"'--*; r-t:::-r ;- 5-;::"hQ.., 2 I'") n / ORDINANCE NO. B (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 r\ , t''"') 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 10th day of February, 2003 APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Attorney Helen Kalin Klanderud, Mayor ATTEST: Kathryn Koch, City Clerk 4 r'l 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. StaffPinding 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 ofthe 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 t() which the proposed amendment would result in 5 r) n 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. StaffFinding 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. 6 ,-,.-\, )' -+- rD . 4"\) ;)1\ ~ . 6b, @ J r'\ ~ , Exhibit C ANNEXATION PARCEL DESCRIPTIONS: PARCELS OF LAND SITUATED IN A PORTION OF SECTIONS II 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 II T 10 S, R 85 W OF 6th P.M., A FOUND REBAR & CAP, ILLEGIBLE (LS 9018 RECORD); thence N.88056'32"W., a distance of 112.89 feet to a point on the easterly boundary ofIselin Park P.U.D. the true point of beginning; thence N.88057'31 "W., along said boundary line a distance of 16.95 feet; thence continuing along said boundary line N.12003'29"E., a distance of 191.00 feet; thence continuing along said boundary line N.02013'29"E., a distance of 41.23 feet; thence leaving said boundary line N.Io040'16"E., a distance of398.85 feet to a point on the westerly boundary of the Aspen School District property; thence S.OI 051'57"W., aloug said boundary line a distance of283.96 feet to the Northwest comer of Open Space Area 2 of the Moore Family P.D.D.; thence S.OI 051'57"W., along the westerly boundary of said Open Space Area 2 a distance of227.87 feet; thence continuing along said boundary a distance of 113.35 feet along the arc ofa non-tangent curve to the right haviug a radius of 312.29 feet and a central angle of 20047'47" (chord bears S.12015'39"W. 112.73 feet); thence leaving said boundary N.88032'16"W., a distance of57.82 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.21001'20"W., a distance of246.67 feet to the Southeast corner of that property described in REC #388528 of the Pitkin County records the true point of beginning; thence N.O 1 057'23 "E., along the boundary of said property a distance of 739.66 feet; thence continuing along said boundary of said property N.Ol o52'47"E., a distance of 326.10 feet; thence leaving the boundary of said property S.03013'23"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.I 0040' 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.02018'53"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 of205.42 feet and a central angle of 88015'31" (chord bears N.46000'31 "E. 286.06 feet); thence leaving said boundary line S.86030'03"E., a distance of841.81 feetto 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 29 1.77 feet 2. S.89040'57"W., a distance of 550,04 feet 3. a distance of222.88 feet along the arc of a non-tangent curve to the left having a radius of 145.42 feet and a central angle of 87049'00" (chord bears S.45046'27"W. 201.70 feet) 4. S.OI 051 '57"W., a distance of 671.36 feet; thence N.03013'23"W., a distance of 674.27 feet to the POINT OF BEGINNING. Containing 62,730 square feet or 1.440 acres, more or less. n , ANNEXATION PARCEL D PROPERTY DESCRIPTION Commencing at the S 1/4 CORNER SECTION II 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 foJlowing four (4) courses 1. N.89041'47"E., a distance of547.59 feet 2. N.88'52'47"E., a distance of745.86 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.76'lO'58"E., a distance of370.00 feet; thence S.75'06' II "W., a distance of798.34 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.88048'31 "W., along the northerly boundary of the Moore Family P.D.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 of841.81 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 II T lOS, R 85 W OF 6th P.M. FOUND REBAR & CAP, ILLEGIBLE (LS 9018 RECORD); thence N.52'I T28"E., a distance of2684.00 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.3200T58"E., a distance of 492,10 feet 3. N.00'25'13"W., a distance of92.66 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 havinga 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 SA2'43'08"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: I. S.32'OTI9"W., a distance of270.21 feet 2. a distance of392.1 0 feet along the arc of curve to the right having a radius of 51 0.00 feet and a central angle of 44'03'00" (chord bears S.54'08'49"W. 382.51 feet) 3. S.76'10'19"W., a distance of370.00 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.75006'11 "E. 798.34 feet to the POINT OF BEGINNING. Containing 114,761 square feet or 2.635 acres, more or less. - - ~. , r-.. . ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: --L11CJ&-:f\ CI~< R dJ, Re:zxc:ei':'t(I) SCHEDULED PUBLIC HEARING DATE: , :::s /; ~/ 0 ~ ,200_ / STATE OF COLORADO ) ) 55. County of Pitkin ) I, ~-{ IM~ct? c.. 1 I ;Ar,}!- (name, please print) being 0 epresenting 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: V Publication of notice: By the publication in the legal notice section of an official T paper or a paper of general <<irculation 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 ofletters 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) (0 o '- 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. :':7'~':~*~^;(futIC'~OfiCi"'~~':fr":" i"h',.:", (i'; ,- RE:'MN~q()N~(;REEK~"", OADREZ9,NI~G'"", _",' NOTIC(IS' HEREBY ,',EN, that 'i)ublic, he1)-rin'g >,viUbe ne;ld on ~on y, March 10, 2003 at a'r:rteet::',' ingto.b~gj.nat?:O p.m. before the Aipen,'Cit}i',' ", ~t;EI~~~~e~~~~,<l[;i~i~]~i~;OC~~~\~],~~:~~;: h;~s R?om~ 'fo~~o8slaer~awn~'atfonsubmfited~::," by,th~,9ty of Aspen' 16rr:e~oll!_ng ?l,aporti()noQi Marooll_y"t:eekR6~dlega][y d~';si:rlb~is: ", ,'_ ':' PARCElS, OPlAND SITUATED)N XPORTlbN 'OF SF:CTlO~S' '11-'-AJ'il'rfr:t"T6w:N5HIP'TO"'sti~"" RP.N9'e,~rWES'r OFTHE'6ih"Y.M:-:SAI0i'PARtEiS'" ~~i1%~()~N-P~RTIC9~Y':~'o.FS,~mrn:-':.\$~~'" - REZqNJNG' 'PARCEl> 'A~'PRbPElfrY;'';nEStRJp~ ~O;N','__:'--' -----' ":':-"'" ""'"'''''':~' Commencing at the 51/4, CO~ERwSEtTI9N' 11T>-~ 105; R:~,~ OF6t,~'r;N(; A'FC)UNJ) REg~',&:'-tAP'"'' ILLEGffil;,E,' 'Q4i' ,,"90g~..'"RECORDX"<tnenc~: N.88'56'32"W, adf~fa]it^e":o,flJ~.?9,f~et t(l'a i>ointf ontM-east:rly bO,unclarrolli;e]~ngark}).(J,O.the true point of ,begirining;,then:,e:~':,I\t88~'57:31''W,:-:: along ~aid boundaryUne adista_n,ce ofIG.9$^feet:: th,ence_ "c~mtinuing""al()Il~": said, ,boul1dary_. Iitl~ N.l2003'29"t., a' dis,tan<:e"ol':r~LOO,feet:, tllenc~ continuing ,,,,a]on~',' ,slli~,_,,:boundary ,~, ]ine':'~' N,Q2013'2,9"E., ,a, dl,ita,n,#," 0'( 1P~ ,reet;_thencl:':: J~llvirg said bOuIldarxlin~' N:IO~'t(J'16"E:, "li"; 'd!s,'-:;:~ tance' of 398.8!f,feet t<?a' point oll',the:'~t!stE::rlY''.o;i b?lJ.Il~a~ of t!le Aspen Sc~oOl Oist,rj~fproperty(^ ~heI').ce S,Olo51'5t'W.;along:salifDOtU-i~.ir):" line a ,Ai,gal1ce,,(if, 283.9?J~.t t()tI~~No~h,~estc<?rl1,er of Open Space, Area ,2 ,of the. MO(lre'FamHyP,U.O.;? ~hence ,S.O~'51.'eZ:'\lI" .~!R.qg t~,e:,~~~}erly I>oun~ dary of ' said Open Space l,rea 2, a distarl1eof'" 227.87 feet; th,ens~.c,o'!1tilluing', along said~un:'~':: dary a,,~is,t~ee,pf~~3}~f~t:along the-arco!. a'~, ;non4ans:~t:(:urV~: to~he~lg}jt "haVing a radlrrs, of _~2.,~~}~~t,and:a c~tral angle <?f?<l'~7'4.r (tnor~>" .h~~t~, ~~!.~;}I~9:'~, },\2}-r..f~~t);. ,t~ence:, leavlng':':' siild.?,OPllaary jt883'2,l6$" a distance'oCS7,82.., feet;tothePOlNTOFBEGINNINf:"" ',,, 'ii# Sofi~Nn[rig"28'41S;,'~~~~ .,' , "i',::;:~, '2":c;'Xy-,"~'7;,'"' 'mj)re''<:lr.1ess.',:,''\ IU:ibNlN'G~"PAR'CEL':, nON""",...:, Comp\en'i::"lngaftffeS'r"', lO:S,R:'8SW,OF'Gth"E'" ILLEGIB;LK"':(tS',-"i)t "" N;21'Ol'?O'W",adistai SOutheast"co-rner'of tl REC'~~~'_'of 'th/f)' true point of "beginn alon_g ~be ,bol,lndary 01,' 139,6,6 -feet; t!ience,-cp daryof ~ai<lpry>~yl 326.H)' feet; thence~ lea' (~ho~<I,pear~ N,:16'OO'~I"E,,2S\;.o6Jeet); ,th~nc~ on the ,b,ou,ndarrof thatprop'ertYd~scribed hI said n6rt,~~rl)':'bounc p:rop~ktiS:03~13'23''E:', le~.nni ,s'aid '6oun,dary 'Iine'~;:8'6'.3'0'()~i'F;" 'a: di~ RE9_it3$s_??a'o.f,the,Rifki,n, C,(luntY're~()n:ls'<tbtl;9l3'90~feetith an,' ~ point on' the w~t~rl; tance 01.8:41.81, fe~tp -ap(lhIt()n}he~oundary of . trul'ipolnt 'ofJ:leglnij(ng~J~e~!:~~he!ol'owingfour dary N 6~3QW''N'" 'pen,Scho'o],Q:is~rict pn; t,he Aspen S<;ho<ll"pi,strict' property; thenceth,e (4) courses: ,,<,'- ,', ,',< the PO OFBEGlNI bo,undary s.'rO'4if16"Vl "';;"'followi\lg four (4)'~our,s,eS-_ .>,,,,,,,, ,''. l.N.89.41'4T'E:',itdistarrce:()fS47Nf~t Contai ng 59,884s to:th,e;POINT'-QF':BEGINl L S.88'Sl'57"W., a dist,an~~, of ~~l}tfeet 2,N.88~52:~?,'~)4_d!Sta,nce 'of7~5'~$(r~"eF~"" ;" ," 'more 0 less. :t1t~o'~in"g"C'.~2)28SCJ( 2:S,8'9~4.9'~r,W.,a'" .eoI.550.04feet ,3to:":t~ja)s\t,,~af't~%ea.-\?,fn:~,30a,,'~1.e,u.~,!',a0)ron,.,__.g'4th7a.35'",'"otl::~!dvea"- ,!ttto' ".'N.o",-,~,~""e~,~~~, ,,"v'" . 3,,,,,,a:~,i,s,tfnc~O ,__, ... < ~ong't~_e"ai:e:,of:a)l?'il-, :0. n . nw _ . <U', .. 'RElONlNG'''PARtEL ~ '.'i, " t~ng~nt'cti!y~,,!o~tIi(re '''Ii aradl~sof'Y~~:4~ '\:ent.taf"'a'ngi~, of" ....1204f'49"'.'(clltia:::,o~lir's "'tommencinit~nhe'~ n;;OmCsN,m"'R""n'85'~";'n:w''''a~..t.'6't:''n:':s::'::,... feet an,ja central angle 49'00" .(clIord.~~ar~.' 'N:'8'20'S:1;?2~E.320.08 ,f~~9 ...' Ib'S";"'IC85 W OF:;6tlI .. . ..... .. ... ,SA5.~~6'27''W.20ptHeet)'''''''I' ","-,,,,, r"'" "..,~, '4:-N:715.fd'5S"f.~rsi'anc=,~..o1?70,OO feet: lLLEGIBj,E (lS , 4, $.01'"51'57"\\( 'a:d(s'tll11c:~ of67,1,36Ieet: thenee~S.75'06'11"W., a' distance:'ofjg-8:~'( feeft(j 1'!.;5?,~~7'28"ha,dtst<l1 ILLEGIBLE- ..:'" ,.....9( thence N 03'13'23"W: a distance o:n'i',r21 feet to ~the soutliw~arwer ~ of M'amf{ "Creek~ Road on tfi~ l:ioundary]j~, N:02'18'S3"\\( a 'distat the POINT OF Bt~G-~C;jn1i1i1inr62:1M rlgtlt'-of-way'''-a:s oei:!lcafe'iroh-ffiep1'iiX"'dfNtea<l0'w:..,e, 1iIiU::C '~~~ ~f}~ point on th, b nd,"y 'qu,""'''"' (446 acrM. more", Co" ~ " " oodSubdl~"on Flhng Two 'm,no,'N.OO"O 19"E "u' polot of b,W" InREC ,#388528 of the', . . _ ... . REZOMNG. PAR'CEJ:.D'1'lI,O~'Jm'tY, DfSCRIP:~~"along the ~lertYboun(fary of saId nglit-of-way tfir'ee(3) courses "trijt!"p91iiforlle8[nnm~;:~"'~:"""+:'~~"n(jN-"""." ~'-"'~""-"''''^\'''''~'<:*H''''''''''''_~:''"~~'"~S''"."'''4fii.d rigfit~'(.wafeXtended ,13.54 .f~; tJ:tencelea:y~ ,I" a~I.';lta:ncf:9f338.2 d&:yUne.1l diStanc_e,of, ~~I' ' . "Coffillleildngat, theS-I/4 CORNER SECTIQN, n.r, , :_iflg said ,right:of-wayand right-of-way elCtellded tan~eri't~vet6^the~ ~',~'n~l!-tan!ielitcurye:toti 105, R 85 W Pf:"~_~~"Y.~,-~99NP,~~",~S~,. )~8?o4~~~1"W"al?ng. tb'e'northerl~ boundary of feet and a central llnl 'br"2b5.42. f~I..'artd"',f""Ci!l :ILLEGIBLE ... (l~ .~l8:. . RECORD); ..' thence' the Moore Family P.U.D. . and the northerly boun~ N.54'09'28"E.330,Ol'l, '.. N'.~5o:~~;;;!~a;~~~'lio'~J'!W~P~';;~i~'I~~~!~'t;~~;~?:,~~e;:;~~~~tl!;e:0:g~;}~z~aof~~(:f,~0~j~:~,~;;- ,,:' ,~~~~~?~.'?S.";:~~f;~!~ ----:.:-'~:;.~~,.,"-::,:.~.'j~~r~i-;;~:S;:;:::4:U"~.&'"...-.-".. .'- .J- .Jidavit of Notice" was acknowledged before ~~l day i+,-..b ,200.3 by ~~~ ~ '\ ' WITNESS MY HAND AND OFFICIAL SEAL My commission expires: "-(/.:2..Y ~3 ~ c;~'-..:) Notary Public ::':?8'!:i1?orhP:,>.:j'~-i;:;:;f:cj'fp~i:':'~~~~(';:~;-;~'0;?):22'::~~,';';}~#0t'0,,;&~~~~<f/;;,>:'t;;;:t~ !'i22::7ififjfk~Tfrii#ifS~ddyt;;;daYJ!'Jb'Titari2t2t'2(}(f3 .~. 'c". , u: i~~iJ.iNlII . I . I ~ .-,," ..A4"';""",~"'''''~--..",:"""". . . ~~ ., ('\ ("\. ADDRESS OF PROPERTY: ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE (\;10\f66\,\.. cv~~k: p-~c{spefr?{~b"t3 )/7/D ~ ,200_ SCHEDULED PUBLIC HEARING DATE: STATE OF COLORADO ) ) ss. County of Pitkin ) I, <:r~t( 1M <Q _.:::", L\ lJlcJ + (name, please print) 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 ofletters 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) ~ o 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. ~e ~t Of,~~~~~as~~ed )ef~r~~-l3day .. 1:"-c"::":'^''ti?''~,,+:~ -:"",,^-""~- ":'.- ,"".., .;" rp:>'-:'_A~'tJBLIC')'l'OT]tr-"', RE:M:A~OON CREE~ ROAO"REiONINC ZPTlCE'IS HER~~Y_GJy:ENthafa'PUblic'hearrri'~ 111 be ileld 011' Tu!"sday Jal),ua'ry 72003 C" meeti~g_ t?begin at 4:30 'p.m,' before'theAt e; P:annmg itDdcZo,nlng COJ!lrn_is.~i().n,' at the As~er Clty Hall, 130 Soul,h,Galem\ Street' ASpen' Col ;,_:d.o il1 tile qt~ounCH -Cilambers'Room' to~6ri, ,s'~der.an, ap.plia tio o "bm ittedbythe C,:tyoi A, RP'"dl,or rez? ngof a" portion of Maroon Cree~ oa legallyd ;,tcribedas:' , ;,_r~RCELS ()F ND,'SITUATED'IN AP-OR110N Of CTIOl'JS,11 AND ,12,TOWNsHIP'-rO,SOtJTH RANG~~S WE~T,or'fH~' 6ih ,P.1vL SAI["l>ARCEL~ B.EING MORE, PARTICOLA.Rl.Y'1)ESCRiBtD'A~ FOLLOWS: '-.' ':"'" ---' ;,',',,',",' ,,,,,,,,,,,,'" REZONING PARCEL A PROPERTY DESCRIPTION CommenclO[afthe S 1/4 coRNtR SECTION 1 r T 10 S, R 85 W OF 6th PM A POUND REBAR & CAP ILLEGIBLE (LS 9018 RECORD) h N 88056 32 W. a chstance of 11289 feet to : ;~l~r on the e~sterty boundary ollsehn Park Pub the true 'Pomt of begmnmg thepce N 88'57 31 W along saId boundary hne a distance' of 16 95 feet thence contmumg along said bounda t N 12003'29"E a dIstance of 19100 feet rJhe~n: cont~numg afong Said boundary h~e 'f02 1329 E, .a distance of 4123 feet thence "vmg ",d boood"y hoo N 1O'4016"E "",CO ny OF T.'nE PUBLICATION , tance 01 39885 feet to a pomt on the westerly r ll. ~~)llnda? of the Aspen School Distnct property ence 01 '5157'W. along saId boundary Ime a Opd"t"~' 0(283..61'.." to th, NOtthw"t '2"" ol-P'H OF THE POSTED NOTICE ISIG'N) en pace Area 2 01 the Moore Famlly pU:D':"1 \1 thence~ S 01~5157 \1.;;, along the westerly boun- ,. ~;?8,t .!laid Open Space Area 2 a thstanc.e of f"'t th,"" ,,,tio",o, ,100' "ld b ,,.,... GOVERNMENTAL AGENCIES NOTICED ,t. dar~ a Istan'Ce of 11335 feet along the arc ~~n~ ,"IV :.oon-ta gent curve to the right haVIng a radiUS of BYM' -LL 31229 eetandacentralangleof20047'47 (Ii l .r.1 be~rs 12'15'39 W 11273 Jeet), thence te~v~~g >~:~t, tR,~;ed~6I~~?~igl;NI;~q~[stance oJ 5782 i~_:8'475,'squaie)eet"8r':'();~4'..a:cre's; Cl _":::"":.-,::,:::",,:::~X;"':,,:,,:,-';":':,,,,,,:,"'" ,', ',',: Ie- '~entr3Jang\e 01 14'39'00" (cnord bearS III S83"2S'19"W. 43L601eet):~ .;NJ, iherice,N.75v06'n"E,79~eet to~~~,P?I~!:?F "BEc.INNINC:. .,". '_ ..., ,':":,..,...,.,.,,,:';'.~;:"':'i:_.'<:--', Containing,114,761 square I_eel ?r .2:,~~?:~cr;s,.., moreorlesS. "",,,,,': '"'',''' , ,:, Tl1e"r--aa:d-is 'commonly. asthe Maroon Creek.Road al)d""i\l ber:zoned frorn-the r(),1.!Bd~. about on Highway. 82 to the Iselln. Park Tenn,ls Courts: ,The road vvlll,\)e:~oB~d_"P~bl\C (PUD) as " parioithe.anne:<atl?n.oithf,~~rd \,~:'<'lt~;Slty?1 Aspen. '; ...... ,... ". .,. ..., " . ,."_ '~I^~mM;on: contact Sarah l?ate~ crt." ',""""'-, My commission expires: ~~ Notary Public ATTACHMENTS: