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Home My WebLink Aboutlanduse case.annexation.210 Sesame St.03 VICINITY MAP .,F ( --.... \;'>~=:~:,~ , . .... a '" \'. ~~-- ~~ ;v- ~ " '"' ':- . '. .'i '" ;i o ./ " "'''~..'''.I'::::\ ' ". . :'1.. . ... \ .~ / ~ . " \ ~ '" " '< ..~. ,;.. 1'" ...~' "<f .r .1 ././ /' .,. .. 1.-.....\ .,' \ ' ',\~ ~ . - . : ' " ji /' ,/ "-/;" // . .i~ \&:> '<0 ~ .; ~+ "\. ~, ,'... .. '.. '...2. ";:.~=::.. ';,>' , . '.' .A" / :/1 ........ ..,........ ." ~ VIII h Memorandum The Cin' of Os pen Gin' Ollorney's Ollice TO: Mayor and Members of Council FROM: John P. Worcester, DATE: June 23, 2003 RE: Mascotte-Lode Annexation - Ord,inance No. 35, Series of 2003 - Second Reading and Public Hearing. Attached for your consideration and review is a proposed ordinance which, if adopted, would annex the Mascotte- Lode property into the City of Aspen. This matter is before you for Second Reading and public hearing ofthe ordinance. The property proposed to be annexed is located at thepC:l.seQf SIl1ugg1er Mountain. The owner, Alain Degraeve, also owns Lots 2 and 5 ofthe Aspen Electric Subdivision immediately adjacent to the subject property. These two lots are already within the City boundaries. The petition for annexation was filed withtheCity Clerk on March 25, 2003. On April 24, 2003, City Council adopted a r~s()lptionjinding substantial compliance with Section 31-12-107(1), c.R.S. A public hearing is scheduled for June 23, 2003, at which time Council is expected to determine that the proposed annexation was in compliance with SS 31-12-104 and 31-12-105, C.R.S. The applicant asked that both the resolution and the first reading of the ordinance be scheduled at the same date as he is anxious to proceed with his development plans. Staff from the Community Development Department will be present to discuss with you the current plans for development by the owner of the property proposed to be annexed. The decision to annex property to the City is a legislative act and is entirely within your discretionary powers. You may annex, or not, for any reason, or no reason at all. ACTION REQUIRED: Approval of Ordinance No. 35 , Series of2003, on First Reading. City Manager's Comments: ;P~fI!e. >e-~ <p-~((:,~y,,-~~ ~~ Iet?:;-.f-?h-j>F "" tt,~ /~~ cc: City Manager Community Development Director JPW-07/08/2003-G:\john\word\memos\mascotte-ord.doc 2 ~ MEMORANDUM TO: Julie Ann Woods, Community Development Director FROM: Sarah Oates, Zoning Officer::; C:> DATE: June 26, 2003 SUBJECT: AspenElectric Subdivision, Lot 2 SUMMARY: Aspen Electric Subdivision, Lot 2, which is currently partially located in the City and partially located in the County, would have the same FAR ifthe County portion were annexed into the City. If annexed into the City, the parcel would have an increased development envelope due to the change from a designated building envelope to the required setbacks as established by City zoning. Finally, 8040 Greenline review will be required regardless of if the parcel remains partially in the County or if it is fully annexed into the City. BACKGROUND: Aspen Electric Subdivision was approved in 1992. As part of an approval, an affordable housing project was built Aspen Electric Subdivision, Lot 1. The original parcel was Sunny Park North Subdivision, Lot 3 and consisted of 18,320 square feet of lot area, which is heavily sloped." The house currently located on AspenElectric Subdivision, Lot 2 had been built at that time. Prior to the approvals, Sunny Park North, Lot 3 was located wholly in the City of Aspen and zoned R-15 PUD. As part of the Aspen Electric Subdivision approvals, Pitkin County granted the owner a portion of the unimproved Mascotte Lode and 99 Lode parcel, granted a lot line adjustment to incorporate that land into Aspen Electric Subdivision, Lot 2, and designated a small building envelope on to which an expansion could encroach into County jurisdiction. At the same time, the BOCC placed a condition of approval (which is a criterion of all lot line adjustments) that the applicant would not gain any additional FAR or development rights through the lot line adjustment. The City zoning has remained R -15 PUD and the County portion is zoned AR -1 but is treated as R -15 for the purposes of calculating FAR and height. The current allowable FAR for the lot is 4,276 square 'feet. , The lot is subject to the City's slope reduction regulations, which require eliminating lot size for the purpose of FAR on slopes over 20%. Without the slope reduction, the allowable FAR would be 4699 square feet. If the parcel were annexed into the City of Aspen there would be no increase or decrease in the allowable FAR. When the lot was approved in 1992, the HaeC was very clear that Aspen Electric Subdivision, Lot 2 is subject to City FAR requirements.' Further, the applicant will be required to go through 8040 Greenlinereview if the parcel is redeveloped or if there is any addition to the exiting house. As mentioned above, the BOCC designated a building envelope which extends 25' into County jurisdiction and is a 60'x 35' x 43' triangle on the Mascotte/99 Lode. If annexed into the City of Aspen, the required setbacks would be ten (10) feet from the property line on both the side and rear yards expanding the envelope to a 120' x 45' square. Currently, this portion of the lot has a combination of native vegetation and a lawn area installed by the previous owner. . . Aspen S6hool District 0199 High School Road Aspen, CO 81611 Sincerely , Kathryn S~ Koch City Clerk \ Enclosure Resolution #38, 2003 Petition for'Annexation By certified mail , ' 130 ScUTH GALENA STREET' ASPEN, COLORADO 81611-1975 . PHONE .970.920.5000 . FAX 970.920.5197 Printed on RecyCled Paper - TO: FROM: RE: DATE: MEMORANDUM Julie Ann Woods, Community Development Department John Worcester, City Attorney Nick Adeh, City Engineer Kathryn Koch, City Clerk Annexation Petition March 25,2003 Attached is an annexation petition from Alain Degraeve for lot 2, Aspen Electric Subdivision. 1l.. ~ ~ KRABACHER SAN D E RS p.c. Curtis 8 Sanders csanders@krabacher.com ATTORNEYS AND COUNSELORS AT LAW 8. Joseph Krabacher Curtis B. Sanders Jennifer M. Causing ^ Diana L. Godwin Jerome Professional Building 201 N. MILL STREET, SUITE 201 ASPEN, COLORADO 81611-1557 T(970) 925-6300 F(970) 925-1181 email/internet address: krabacher@krabacher.com February 24, 2003 " Also admitted in New York and New Jersey By Hand Delivery John Worcester City of Aspen 130 South Galena Street Aspen, Colorado 81611 Re: Alain Degraeve; Annexation Petition Dear John: I represent Alain Degraeve. Mr. Degraeve is owner of Lot 2, Aspen Electric Subdivision (the "Subject Property") . The Subject Property is comprised of a portion of former Lot 3, Sunny Park North Subdivision, plus a portion of the Mascotte and 99 Lode property. In 1992, the previous owners of the Subject Property (Barry and Sharon Siegel) developed three affordable housing units on Lot 3, Sunny Park North Subdivision, and in connection with such development, a portion of the Mascotte and 99 Lode property was added to Lot 3 in order to maintain the City of Aspen's minimum lot area for Lot 3. After the Mascotte and 99 Lode property was added to Lot 3, Mr. and Mrs. Siegel resubdivided Lot 3 Sunny Park North Subdivision into Lots 1 and 2, Aspen Electric Subdivision, and constructed the Aspen Electric Affordable Housing Project on Lot 1. As a result of the addition of the Mascotte and 99 Lode property, the resulting Lot 2, Aspen Electric Subdivision straddled the City of Aspen boundary with Pitkin County, leaving the portion of the Mascotte and 99 Lode property outside of the City of Aspen city limits. Mr. Degraeve now desires to annex the portion of the Mascotte and 99 Lode property into the City of Aspen. Accordingly, with this letter, I attach one original Petition for Annexation of Territory to the City of Aspen. Please review and process the enclosed materials at your earliest convenience. If you have any questions, please feel free to give me a call. ~ "'j) Very truly yours, SANDERS I P. C. , al Corporation By: ~ PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN THE UNDERSIGNED (hereinafter referred to as the IIpetitionerll) hereby petitions the Council of the City of Aspen, Colorado for the annexation of an area, to be referred to as the IIMascotte Annexationll to the City of Aspen, said area is more particularly described on Attachment II All attached hereto. The Petitioner alleges: 1. That is desirable and necessary that such area be annexed to the City of Aspen. 2. That the requirements of Section 31-12-104 and 31-12-108, C.R.S. exist or have been met. 3. That not less than one-sixth (1/6) of the perimeter of the area to be annexed is contiguous with the boundaries of the City of Aspen. 4. That a community of interest exists between the area proposed to be annexed and the City of Aspen. 5. That the area proposed to be annexed is urban or will be urbanized in the near future. 6. That the area proposed to be annexed is integrated with or capable of being integrated with the City of Aspen. 7. That the Petition herein comprises more than fifty percent (50%) of the landowners in the area and owns more than fifty percent (50%) of the area to be annexed, excluding public street, alleys and lands owned by the City of Aspen. WHEREFORE, said Petitioner requests that the Council of the City of Aspen approve the annexation of the area described on Attachment II All , legal description of the land. The Petitioner reserves the right to withdraw this Petition and his signature therefrom at any time prior to the commencement of the roll call of the City Council for the vote upon the second reading of the annexation ordinance. The Individual Petitioner signing this Petition represents that he owns all of the area described on Exhibit IIAII. -1- ~ IN WITNESS WHEREOF, Annexation this 2 I day this Petition for , 2003. e , RLA-) ~ Ol?GfZ-AtV7= Petitioner's Printed Name j.q ::;T g tbr'L P.o Address ~O~ ?}5P-nJ / Co City, State, Zip Code -2- ~ Attachment "A" to Petition for Annexation of Territory to the City of Aspen (Legal Description of Area to be Annexed) Beginning at a point on the westerly line of the said "Mascotte Lode" which point is also the most easterly corner of Lot 3, Sunny Park North Subdivision, City of Aspen, Pitkin County, Colorado, thence along the following courses: S.80021'E. 37.50 feetj thence S.34027'E. 26.25 feet; thence S.45024'49"W. 156.89 feet; thence N.21002'W. 61.29 feet to the easterly boundary of said Lot 3; thence along the easterly boundary of said Lot 3 N.45024'29"E. (N.45021'E.) 116.62 feet more or less to the point of beginning. Call in () from Plat of Sunny Park North Subdivision Plat. All other calls from Siegel-Mascotte Lode Lot Line Adjustment Plat. County of Pitkin, State of Colorado. -3- ~ Attachment "B" to Petition for Annexation of Territory to the City of Aspen (Affidavit of Circulator) STATE OF COLORADO COUNTY OF PITKIN The undersigned, being first duly sworn upon his oath states: That he was the circulatory of the attached Petition for Annexation and that each signature therein is the s' nature of the person whose name it purports to ne. ~ 1 nature ..sl- c9-; / day of Subscribed and swo~n to before me this FehrL{t1M1 I 2003 by C-u./J,.j...; s ~ WITNESS my hand and official seal. .;;2../,;). '-I / 0 4 Commission Expiration ~;~~'~~0;t~:;'?>5 :,:' ()':'? - ":i; ;,:;,:':,i~~;:~.'F~':::::/_:"''-'/ ,', , .' 1\ I 1 [J.,..,;';:...:. ", " ~:.:4~m:. v.", '. ;';-:-~':'\. '. \. ~ , """"",,,,,>"', / /.., \ \~~fi~Jll0 ,~ : - :,::3:':;:;~~'i'":;:~':~.?:~:E:<;;J~ . -4- i'") Attachment "C" to Petition for Annexation of Territory to the City of Aspen (Proof of Ownership) I, Curtis B. Sanders, as attorney for Alain Degraeve, as Applicant, hereby certify that he is the sole record owner of the real property described immediately below (the "Property"), and therefore constitutes more than 50% of the landowners in the area proposed for annexation, as said area is described immediately below, and more than 50% of the land in such area, exclusive of streets and alleys: Beginning at a point on the westerly line of the sa.id IlMascotte Lodell which point is also the most easterly corner of Lot 3, Sunny Park North Subdivision, City of Aspen, Pitkin County, Colorado, thence along the following courses: S.80021'E. 37.50 feet; thence S.34027'E. 26.25 feet; thence S.45024'49IlW. 156.89 feet; thence N. 21002' W. 61.29 feet to the easterly boundary of said Lot 3 ; thence along the easterly boundary of said Lot 3 N. 45024 I 291lE. (N. 45021' E.) 116.62 feet more or less to the point of beginning. Call in () from Plat of Sunny Park North Subdivision Plat. All other calls from Siegel-Mascotte Lode Lot Line Adjustment Plat. County of Pitkin, State of Colorado. I hereby further certify that as of the date hereof, the Property is subject to the following encumbrances of record: 1. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patents recorded in Book 175 at Page 168 and Book 175 at Page 171. 2. Restriction which does not contain a forfeiture or reverter clause, as contained in instrument recorded in Book 206 at Page 301, providing as follows: That no trailer camps or trailer parks shall be permitted or shall be constructed. 3. Easement Agreement recorded September 16, 1977 in Book 335 at Page 80. 4. Right of way for the Salvation Ditch as revealed by Plat of Sunny Park North Subdivision in plat Book 3 at Page 52 as Reception No. 122358. -5- ~ 5. Terms, conditions, obligations, and provisions of Resolution of the Board of County Commissioners of Pitkin County, Colorado granting the Aspen Electric Subdivision Exemption for a Lot Line Adjustment, Resolution No. 92-387 as set forth in instrument recorded November 13, 1992 in Book 694 at Page 447 as Reception No. 350755. 6. Terms, conditions, obligations, provisions and easements of agreement by and between Barry C. Siegel, Sharon L. Siegel and Robert C. Smith and Glenda D. Smith, for a Utility Easement for Lot 3 and Lot 5, Sunny Park North Subdivision as set forth in instrument recorded September 22, 1987 in Book 546 at Page 515 as Reception No. 293066. 7. Access Easement granted unto Barry C. Siegel and Sharon L. Siegel as set forth in instrument recorded February 4, 1993 in Book 702 at Page 756 as Reception No. 353649. 8. Terms, conditions, obligations, and provisions of Subdivision Agreement for the Aspen Electric Employee Housing as set forth in instrumn4et recorded February 19, 1993 in Book 703 at Page 944 as Reception No. 354094. 9. Terms, conditions, obligations and provisions of Ordinance No. 62 (Series of 1992) An Ordinance of the Aspen City Council Granting Subdivision Rezoning for Moderate-Density Residential PUD (R-15) to Affordable Housing (AH), GMQS Exemption and Condominiumization, Lot 3, Sunny Park North Subdivision, Park Avenue, Aspen, Colorado as set forth in instrument recorded March 5, 1993 in Book 705 at Page 277 as Reception No. 354575. 10. Easements, rights of way and other matters as shown and contained on the Sunny Park North Plat recorded in Plat Book 3 at Page 52 as Reception No. 122358, the Siegel-Mascotte Lot Line Adjustment Plat recorded February 19, 1993 in Plat Book 30 at Page 84 as Reception No. 354092, and the Aspen Electric Subdivision Plat recorded February 19, 1993 in Plat Book 30 at Page 85 as Reception No. 354093. 11. Terms, conditions, obligations and provisions as set forth in Easement Agreement recorded May 29, 2002 as Reception No. 468021. 12. A Deed of Trust dated May 29, 2002 executed by Alain Degraeve to the Public Trustee of Pitkin County, Colorado to secure an indebtedness of $1,000,001.00 in favor of Washington Mutual Bank, FA, recorded May 29, 2002 as Reception No. 468054. -6- ~ Dated: February ~f 2003 /~~ ~t~1anders J- Subscribed and swokn to before me this ~ day of ,J.P bn.l~ ' f 2003 by I Mil h:s ~ . WITNESS my hand and official seal. d-~ J ()tj Commission Expiration -7- Attaclunent "0" to Petition for Annexation of Territory to the City of Aspen (Four Prints of Annexation Map) -8- ,/ , ,---~._-------"",,--'.__':_c;.:-,'.,-:,-: 'tUU "><: lif- t: ">- &0.. f:jc "'<6 'OQ:: !C . CITY OF ~ ASPEN &~ ;;![}j "'& !2g 'iSi! !g/2 SET COR ~~ ~!f """1 """, f.t il- 00 G:) u-J "';:; ;:::!o -ff &1;,J I-~ ~ <:. -I- 1-"> ~ i5 if ~'<f ~ ">!:J 13'" Q:: ~J: o 0~ ~ ~ ~ ---------- p NOTE: LOT 5 HAS UTILITY EASEMENT ACROSS LOT 2 ASPEN ELECTRIC SUBDIVSION PER BOOK 546 PAGE 515 LOT 5 SUNNY PARK NORTH '-'-0'_. , \<0, '1 '\ -\ \ ..\ /--; ~' , v -0 v' 0~" c,Q. ~ _"_ ss-:--" PLAT BK 30 PG 85 _----W---- E ~ ~ ~ ~ 20' PEDESTRIAN {:. UTILITY EASEMENT LOT 1'- '" '" ~~ <X) , "'- . '" 0_ o z t Lot 2, Aspen Electric 34.0' PLAT BOOK 57 PAGE 85 Aspen Electric Subdivision '" c OX> 111 o BOOK 335 PAGE 80 0/ 24' DITCH S?;_C_~-'--~-EASEMENT- - /O~ 00. FOLLOWS THE ". 0 CENTER OF 00. 0 ~ BUR I ED P I PEL I NE AS CONSTRUCTED EXACT LOCATION OT DETERMINED \ \ ~ '" ~ \ \ \\ \ \ \\ \ \ NO CAP ... .~ j ~,