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Home My WebLink Aboutresolution.apz.001-03 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 Cod~ 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 A~mexation 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 developmem proposal approvals as herein awarded, whether in public heating 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 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 Ci~,y of Aspen on this 7th day of January, 2003. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Ci'~ty Attorney ATTEST: kie LOthian,'Deputy City Clerk Exhibit A ANNEXATION PARCEL DESCRIPTIONS: PARCELS OF LAND SITUATED IN A PORTION OF SECTIONS 11 A~D 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 begiuning; thence N.88°57'3 I"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 comer of Open Space Area 2 of the Moore Farrdly 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. 1 I2.73 feet/: thence leaving said boundary N.88%2'16"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 RECORDS: thence N.21°0P20"W.. a distance of 246.67 feet to the Southeast comer of that property described in REC #388528 of the Pitkin County records the tree point ofbegiuning; 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. I 0 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%0'16"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°I g'53"W, a distance of 1296.59' feet to s point on the boundary of that property described in REC #388528 of the Pitkin County records the true point of beginmng; 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 cenU:al angle of 88°15'3i" ~ :hord bears N.46°00'3 I"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 of 222.88 feet along the arc ora non-tangent curve to the left having a radius of 145.42 feet and a central angle of 87°49'00" { :hord bears S.45°46'27"W. 201.70 feet) 4 S.01°5 I'57"W.. a distance of 671.36 feet; thence N.03°13'23"W.. a distance of 674.27 feet to the POINT DF 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. FOIfNI) REBAR & CAP. ILLEGIBLE ILS 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 begiunurg; thence the following four (4) courses I. N.89°4i'47"E., a distance of 547.59 feet 2. N.88°52'47"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 centraI angle of 12o41'49" ~chord bears N.82°31'52"E. 320.08 feef~ 4. N.76°10'58"E.. a distance of 370.00 feet: thence S.75°06'1 I"W.. a distance of 798.34 feet to the Southwest corner of Maroon Creek Road fight-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 I I T 10 S. R 85 W OF 6th P.M. FOUND REBAR & CAP, ILLEGIBLE (LS 9018 RECORD); thence N.52c 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 ora non-tangeur 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. 330.0I feet~ 2. N.32°07'58"E.. a distance of 492.10 feet 3. N.00°25'13"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 ora non-tangent curve to the left having a radius of 1196.00 feet and a :entral angle of 06040'49'' rchurd bears S.58°09'27"E. 139.36 feetl: thence leaving said right-of-way S.24°44'38"W.. a distance of 1 i4.70 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 Meado~vood Filing T~vo Plat; thence the following four (4) course: 1. S.32°07'19"W.. a distance of 270.2i 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 cenlxal angle of 44003'00" ~'chord bears S.54°08'49"W. 382.51 feet} 3. S.76°10'19"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.83°25'19"W. 431.60 feet); thence N.75°06'1 I"E. 798.34 feet to the POINT OF BEGINNING. Containing 114,761 square feet or 2.635 acres, more or less.