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HomeMy WebLinkAboutcoa.lu.an.Enclaves.1975FlN-EmIA,4ts-19-�5 Enclaves 1975 56eetm.� V, RECORD OF PROCEEDINGS 100 Leaves f09M" !. r. MCfdRL !. !. G L. CO. - Regular Meeting Aspen Planning & Zoning August 19, 1975 Meeting. was called to order.by Chairman Jenkins at 5:04 p.m. with members Patrick Dobie, Roger Hunt, Brian Goodheim and Danny Abbott. Also present were Bill Kane .and Hal Clark of the Planning Office. Approval of Minutes Hunt noted that on the August 5th minutes, under Trail Access he had said that the bikes would have to yield to the street traffic. Otte arrives. Motion Hunt moved -to approve the minutes of July 15, 29, August 5 (as amended) -and August 15 special meeting. Otte seconded. All in favor, motion carried. Rezoning Requests: Otte was concerned about the congestion problems with hang - Thomas Property gliders and members questioned the City's responsibility for accidents. / J Collins arrives. Otte felt that they had agreed to make.the area passive recreation. City Attorney noted that preliminary arrangement were being worked out with hanglider's club and to change .area to passive park would take a change in the zoning. Motion Hunt moved to table the rezoning request until they can meet with representatives of the hangliding group. Otte seconded. Collins felt that they should go towards changing the.zoning -of the area to have only passive recreation. Hunt amended his motion to table until the Planning Office comes back with a rezoning of the area. Second by Otte. All in favor, motion carried. -Enclaves Clark noted that this was three parcels annexed by the City on July 25th with Ordinance-74T43. Parcel "A" was two subdiv-__ ided lots of 32,000 sq ft; "B" is one subdivided lot of 15,000 sq ft; and "C"-is an undivided tract of land at 20,000 sq ft. Clark recommended that all three parcels be made R-15 zoning. Jenkins opened the public hearing. There being no comments, he closed the public hearing. Motion Hunt moved to rezone Enclaves (Parcels A,B, C) as R-15. Goodheim seconded. All in favor, motion carried. Dld Business Clark presented a summary of the current.status of pending items for the Planning Office. _Iew Business Kane noted that this exemption request had been tabled until Saudino Duplex they had worked out open space questions but Kane felt it was a simple request for exemption which the code allows for if the existing building is less than a four plex. ROtion Represented by John Kelley and Lennie Oates with Oates saying that they weren't clear whether they were considered a subdivision or not in the code but that a duplex is allowed exemption after review by the P & Z. City Attorney noted that Council had not anticipated any impact on smaller housir developments and thus had exempted them from subdivision cost- Otte rLcommended from Subdivision. carried. I to Council that Gaudino be granted exemption Hunt seconded. All in favor, motion -1- ASPEN/PITKIN PLANNING DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 MEMORANDUM TO: Aspen Planning & Zoning Commission FROM: Planning Office (HC) RE: Enclave Annexation DATE: August 14, 1975 These three parcels known as the "ENCLAVES" were annexed by the City Council on July 25, 1975 by Ordinance No. 43, Series of 1975. Parcel A consists of two subdivided lots of 15,000 square feet or more; Parcel B consists of one subdivided lot of 15,154 square feet; Parcel C consists of a 20,000 square foot ± unsubdivided tract. The recommendation of the planning office is to zone Parcels A, B, and C Residential R-15. CITY OF ASPEN aspen,color ado, saran box v MEMORANDUM DATE: August 12, 1975 TO: Larry Simmons_ Hal Clark FROMP,0%andra M. Stuller RE: Annexation Procedures for Enclaves The City Council requested that I initiate proceed- ings for the annexation of the two areas of "partly surrounded land" which are more particularly described in the attached memo. The memo also describes the annexation procedures to be followed. Council requested that I assemble an information packet on the areas, draft their resolution of intention, and set the matter for public hearing. I would like your offices to supply: 1. Count of the estimated population in those areas. 2. Number and types of dwelling units. 3. Possible development under existing county zoning. 4. Proposed city zoning if annexed. 5. Park and recreation needs that would be generated by the annexed area. 6. Total land area in the tracts. 7. Condition of the streets (including street lighting, substandard alignment, narrow streets, dangerous intersections, et cetera) and estimate of costs to upgrade, if necessary. 8. Condition of utilities servicing the area and estimated cost to upgrade, if necessary. Larry Simmons Hal Clark August 12, 1975 -2- 9. Estimated revenues to be generated by reason of annexing, and estimated costs (e.g. costs of road maintenance, policing, snow.removal), and lost revenues (e.g. reduced water revenues, increased food tax re- funds) . 10. Estimated costs of preparing the requisite survey plats. 11. Planning objectives that may be achieved by reason of annexation (e.g. implementation of trails system) or lost by reason of annexation. 12. Economic objectives that may be achieved or defeated by annexation; and 13. Any other information that you may think helpful. I think the Council would also like the recommendations of your departments as to whether or not to annex. SS/pk P.S. Larry - Hal has a map prepared by Engineering that specifically describes the tracts considered. . CITY OF li�SPEN a5peolc rado sisu box v DATE►: June 26, 1975 TO: F E IM MEMORANDUM !!embers of City Council Sandra M. Stuller Proceedings for Annexing Unincorporated Areas Partly Surrounded There remains adjacent to the City limits two tracts of land which appear to have two-thirds contiguity with the Ci„y and may be eligible for annexation as "Partly Surrounded Land" within the provisions of C.R.S. 1973 §31-3- 106(2) of the Colorado Municipal Annexation Act. The tracts under consideration are (1) the area of Pitkin Mesa Subdivision west and adjacent to Red Butte Subdivision, and (2) the area west of Herron Park and east of Brownell Subdivision. Council requested that before we undertake consideration of the annexation I summarize the application proceedings. They are as follows: 1. ,o be eligible, a tract must comply with the requirements of annexation and, in addition, have had more than two-thirds boundary contiguity with the annexing municipality for a period of not less than three years. 2. To initiate annexation the Council must adopt a resolution setting forth an intent to annex. 3. Next, the Council must establish a date to conduct a hearing to determine the eligibility of the tract for annexation. The hearing must be held not less than thirty (30) nor more than sixty (60) days after the date of adoption of the resolution of intention.' 4. Notice of the hearing must be published five (5) times in the Times. Members of City Council -2-. June 26, 1975 5. Any person living within the area proposed to be annexed r any owner of lands within the area, and. any resident of Aspen may appear at the hearing and present evidence to the Council on the question of eligibility. 6. At the conclusion of the hearing the Council must determine in writing that the proposed annexation complies with the requirements of the Annexation Act and include such determination in the minutes of the meeting. 7. In the.event of compliance, the City Council may annex by ordinance with the usual first readings, publication, public hearing, second reading, and finally second publication. after ordinance adoption the annexation plat is recorded with certain local and state agencies and the annexation is complete. Very truly yours, Sandra M. Stuller City Attorney SS/plc 0 ,04 Regular Meeting Aspen City Council June 23, 1.975 ORDINANCE #39 (Series of 1975) AN ORDINANCE AMENDING. SECTION 9-3 OF TILE ASPEN MUNICIPAL CODE SO AS TO Ord.39,75 EXPAND 1'IIE 'ENFORCEME''NT AUTHORITY OF '1.HE FIRE MARSHAL (AND CORRESPONDINGLY I'i_re REDUCE TIIE AUTHORITY OF THE PI:RIE CHIEF) 'TO DETERMINE THE TYPE AND NUMBER Marshal OF FIRE APPLIANCES THAT MUST 13E INRTAL.LLD (SPRINY,LER, FIRE HYDRANT, STAND- authorities PIPE, FIRE ALARM AND PORTABLE FIRE EXTINGUISHER SYSTEM) AND RESPONSIBILITY FOR INSPECTING INSTALLED SYSTEMS was read in title by the city clerk. Councilwoman Pcdcrsen.moved to adopt Ordinance #39, Series of..1975, on second reading; 'seconded by Councilwoman Johnston. Roll call vote; Councilmomabers Parry, aye; Johnston, aye; 'Behrendt, aye; Wishart, aye; Pedersen, aye; Mayor IS andley, aye. Motion carried. P..ANNING DEPARTMENT CONTRACT Mayor Standled noted there had been a modification in this contract. The Urban Economist Planning offic should remain as a separate department; however, access by the county willbe available contract to the economist through contract with the planning office. This still allows the planning office to be a separate entity and makes the economist a contract consultant. Kane told Council that the County Commissioners had approved and signed the contract at their meeting. City Manager Mahoney said he had no problems with this arrangement. Councilwoman Pedersen moved to approve the planning department agreement; seconded by Councilman Behrendt. All in favor, motion carried. PETITION FOR ANNEXATION OF ENCLAVES - City Attorney Stuller submitted a Petition for Annexation for three enclaves within the City of Aspen as requested at an earlier Council meeting. Councilman Behrendt moved to approve the Petition for Annexation and to authorize -Mayor Standley to sign it; seconded by Councilwoman Pedersen. All in favor, motion carried. RESOLUTION #31, SERIES OF 1975 Councilwoman -Pedersen moved to read Resolution #31, Series of 1975; seconded by Council- man Behrendt. All in favor, motion carried. RESOLUTION #31. Res.31,75 ( Series of 1975) exin Encla•✓ s WHEREAS, there has been presented to the City Council for its consideration, a Petition -for Annexation for the annexation of three (3) enclaves within the City of Aspen, more particularly described as: Parcel A Lots 4 and 5, Pitkin Mesa Subdivision, Block 1, containing 0.739 acres, more or less. Parcel 6 Lot 7, West Aspen Subdivision, Filing 1, containing 0.348 acres, more or less. Parcel C A tract of land in the NIV4, Sec. 12, T10S, R8511 of the 6th P.M., more fully described as follows: Beginning at a point when the one -quarter corner between Section 11 and Section 12, T10S, R85W of. the Gth P.M. bears S.46008'15" W. 1394.64 feet; thence S.13634' E. 200.00 feet; thence N.76026'E. 122.30 feet;thence N.25014' W. 204.22 feet; thence S.76o26'W. 81.00 feet to the point of beginning, containing 0.47 acres, more or less, and WHEREAS, said Petition has been determined by the City Council to satisfy the requirements of Section 31.-8-107 of: the Colorado Municipal Annexation Act, and WHEREAS, it. is required by said Act that the Council determination of substantial eomplicuace of an annexation petition be by Resolution and therefore of record, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1. That the Petition of. Annexation of the above described tracts having been submitted to the Eity Cler;: shall he, and lieicby is, det_r.r.mi.ned to be in compliance with the rvquireaaaunts of Section 31-8-1.07 C.R.S. 1973 the Colorado Municipal. Annexation Act. 2. That it further bc• de.t:ermined, and the, City Council so finds, that than tract:; proposed for annexation, are incorporated* land:; c•ntirrly contained within the boundario.n of the'Ci ty of As;pon, hnvc bean so surrcaurac 0d f or a period of not. lesa than three (3) years, and iro eligible for annexation under Sect-Aon 31-8-106(l) . 4 D Regular. Meeting Aspen City Council Junc. 23, 1975 Councilwoman Pedersen moved to adopt RcsoluLion 931, Series of 1975; seconded by Councilman Behrendt. Councilwoman Johnston brought -up the problem about annexation and remaining on Holy Cross, and should this be a cons i.deration' when land is annexed. Mayor Standlcy said this should be an element of Council's directive to the planning office when developing or annexing land. City Attorney Stuller said Council could pose that as a condition when the applicant comes to the City asking to be annexed. All in favor, motion carried. City Attorney Stuller asked for permission td contact the owners independently and let r them know what is going on. They have a protest period with the ordinance being published and read twice. Council -agreed. City Attorney Stuller also brought up Council's earlier request to annex two other areas of the City that are approximately two-thirds surrounded. City Attorney Stuller said that process is very complicated and asked if the Council. was still interested in going ahead with this. Mayor Standlcy asked f,)r a memorandum explaininq the procedure. Mayor Standlcy told Council he would take a telephone poll of the land owners involved and report the results to Council. ORDINANCE #40, SERIES Or 1975 Councilman Behrendt moved to read Ordinance #40, Series of 1975; seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE #40 (Series of 1975) Ord.40,75 AN ORDINANCE ANNEXING TO THE CITY OF ASPEN A TRACT OF LAND CONSISTING Annexing OF APPROXIMATELY THIRTY-NINE (39) ACRES ADJACENT TO THE CITY OF ASPEN Thomas WHICH TRACT IS COMMONLY KNOWN AS "THE. THOMAS PROPERTY", AND ANNEXING property THE SAME PURSUANT TO TH,E AUTHORITY OF SECTION 31-8-1O6(3) C.R.S. 1973, • OF THE COLOIADO MUNICIPAL ANNEXATION ACT was read in title by the City Clerk. Councilwoman Pedersen moved to adopt Ordinance #40, Series of 1975, on first reading; seconded by Councilman Behrendt. Roll call vote Councilmembers Behrendt, aye; Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Mayor Standlev, aye. Motion carried. ELAY CONSTRUCTION DISTRIBUTORS CONTRACT Mayor Standley asked that Council hold off on this issue until everyone has had a chance to read -and discuss it. City Manager Mahoney told Council he felt it was an opportune time to look into City bonds refinancing the City's bonds. Joe'%.Barrows has recommended that the City look into re -funding certain of our bonds. Couneil.wcman Pedersen moved to adjourn the Council meeting at 9:15 p.m.; seconded by Councilwoman Johnston. All in favor, motion carried. Kathryn S. Hauter, City Clerk 38 �C 39 =10 0' CITY LIMITS IN C) O c z to i0 9 } t �L 7 y� 9 uJi 6 Q o 14 6' Z - --- 222.7i � 7 N 2 16,499 sq. ft ± C 0 8 ,f 4 15,703 sq. ft. ± 3 2�4.94 o .. 2 441 4i Mt. V/cw DR. I W V _ w SUNNY �.._ SANE 3 10 � CITY OF ASPEN 12 N AV ANNEXATION '1 19 tsJ 25 Z \ Q` 1010' G A 11 6 O PARCEL A = LOTS 4 AND 5 , PITKIN MESA SUBDIVISION BLOCK 1 = 0.73 AC RES ORES MORE OR LESS 20 24 PAF,„EL .3 = LOT 7, WEST ASPEN SUBDIVISION, FILING 1, = 0.348 ACRES MORE OR LESS 10 _ 13 21 14 W PARCEL C = A TRACT OF LAND IN THE NORTHWEST I/4, SECTION 12, TOWNSHIP 10 SOUTH, IDR RANGE 85 WEST OF THE 6th PRINCIPAL MERIDIAN MORE FULLY DESCRIBED AS V1Sja L =' FOLLOWS �P PL lv 15 U BEGINNING AT A POINT WHENCE THE 1/4 CORNER BETWEEN SECTION II AND SECTION _ 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th PRINCIPAL MERIDIAN BEARS 9 S46008` 15"W 1,394.64 FEET; THENCE S 13°34`E EET, THENCE N 76.26E 122.30 22 �•'' FEET; THENCE N 25014`W 204.22 FEET' THENCE S76° 26`W 81.Oo FEET TO THE POINT OF BEGINNIN s. CONTAINING 0.47 ACRE MORE OR LESS .• 2 •. No ` 17 GOLF COURSE 165`.w �) I + l 3 53 / B 7 m � 15,154 sq ft _ 553s9-'s z `r 45 4 10 SCALE: I° = 100' 1/4 CORNER (1954 BLM BRASS CAP IN PLACE) 41 08` 15' S T6'26'W 64 E?r,Dp� J 1394 ;1 w h) O C N It N �4- o n1 N z r22.3C, �? o 6 2g •E GOLF COURSE CID N ,3 RED BUTTE CEMETERY 4 6 v Q c Q APPROVALS APPROVED BY THE CITY COUNCIL, CITY OF ASPEN, PITKIN COUNTY, COLORADO BY ORDINANCE NUMBER PASSED THIS DAY OF 1975 ATTEST: CITY CLERK MAYOR APPROVED BY THE CITY ENGINEER, CITY OF ASPEN, PITKIN COUNTY, COLORADO THIS DAY OF 1975 CITY ENGINEER CLERK AND RECORDERS CERTIFICATE THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER, PITKIN COUNTY, COLORADO AT ON THIS DAY OF A.D. 1975, FILE NO. MAP NO. RECEPTION NO. COUNTY CLERK AND RECORDER BY: DEPUTY I, LOUIS H. BUETTNER, REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THIS PLAT WAS PREPARED UNDER MY DIRECT SUPERVISION AND IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. LOUIS H. BUETTNER, SURVEYOR NO. 13166 CITY OF ASPEN,COLORADO ENGINEERING DEPT. e