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HomeMy WebLinkAboutcoa.lu.an.Enclaves.1975 ~ ~ RECORD OF PRO~EEDII\lGS 100 leaves "cl.!W ~ e. r. I<<lF~l(f.l e. eo a i.. ~I). 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 5'th 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. / Otte was concerned about the 'congestion problems with hang- gliders and members questioned' the City's respG~sibility for accidents. Collins arrives. ~ezoning Requests: ,Thomas Property otte felt that they had agreed tomake.the area passive recreation. City Attorney noted that preliminary arrang~nent were being worked out with hanglider's club and to change area to passive park would take a change in tpe zoning. lo1otion 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. j Clark noted that this was three parcels annexed by the City on July 25th with Ordinance' #43. lOa.rcel "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 comme~ts, he closed the public hearing. Hunt moved to rezone Enclaves (Parcels A,B, C) as R-15. Goodheim seconded. All in favor, motion carried. .:];;nclaves . Notion ')ld Business Clark presented a sUlrunary of the current~tatus of pending items for the Planning Office. New Business Gaudino Duplex v Kane noted that. this exemption request had been tabled until they had worked out open space questions but Kane felt it was a simple reauest for exemption which the code allows for if the existing building is less than a four plex. 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 impuct on smaller housiIl developments and thus had exempted them from subdivision cost .otte recommended to Council that Gaudino be granted exemption from Suodi vision. Hunt second(~d. All in favor, motion carried. !'lotion ,.... -1- ,,' I f i { , ~ .~ ,.-., ,,<,.'- 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. Jir- ! tlJ'v f-t ,-... ^ J~ ~dY-L <, ~ CITY "OFASPEN aspen ,colorado, 81611 box v MEMORANDUM August 12, 1975 Larry Simmon3-- Hal Clark ;/ FROM~andra M. s~uller RE: Annexation Procedures for Enclaves DATE: TO: The City Council requested that I ini~iate 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 ~nd 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. a.Condition of utilities servicing the area and estimated cost to upgrade, if necessary. ..1""\ ,-., Larry Si!llIllons Hal Clark August 12, 1975 -2- 9. Estimated revenues to be generated by ~~ason 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 acpieved 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 reco!llIllendations 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. . . -'''''.':.\,.",.," .'....,~.M.~~.:C.,' ""~"X"""<'; '1 1 ,-, . ,-, 7f,//;. L . ./:,.- )I ',d'L't , . :CITYOF fi...SPEN aspen,colo1rado,81511 hox V MEMORANDUM -~ DATE: June 26, 1975 TO: . Uembers of City Council FROIo: Sandra M.Stuller RE: Proceedings for Annexing Unincorporated Areas Partly Surrounded . There remains adjacent to the City limits two tracts of land which appear t<:l have two-thirds contiguity with the Ci,yand may be eligibl.e for annexation as "Partly Surrounded t.aJtd" within the provisions of C.R..S. 1973 331-'3-106 (2) of th~ Colorado Municipal Annexation Act. The tracts under consideration are (1) the area of pitkin Mesa Subdivision we~t 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. To ~e eligible; a tract must comply with the requirements of annexationand,in a.ddition, 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. ~h~ hearing must be held not less than thirty (30) nor more than sixty (60) days after the date of adoption of the res.olution of . intention. . 4. Hoticeof the hearing must be published five{ (s) times in the Times. ... i"-' . /""'\ (-",' , . '. '. Members of City Council -'" .." I , I S~/pk -2- June 26, 1975 5. Any person living within the area proposed to be annexed, any OWner of lands within the area, and. any resident of,l\spen may appear at the hearing and present evidence to the Council on the q~estion 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 minut~s 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. l\fter <:>rdinance 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 ,(J-! .' ..._J "'~ ,^ 1""'"', Regular Necting Aspen C.i ty Counci 1 June 23, 1975 .. ORDINANCE #39 (Series of 1975) AN ORDINANCE AMENDING, SECTION 9-3 OF TIlE ASPEN MUNICIPAl, CODE SO AS TO EXPAND 'l'IlE J.~J-JPORCEHE!n l\U'l'llOJU'fV 010"' 'l'HE FIlm Ml\HSHl\L (AND COHlmSl'ONDINGLY REDUCE 'rilE l\U'J'IlORI'l'Y OF TIlE: FIRE CHIEF)' '1'0 DE'l'EIV'vllNE 'fnI:: TYPE AND NUHl.mR OF FIRE APPLIANCES 'l'IfA'l' MUST BE INS'l'ALLED (SP]{JtH~LER, FIHE lIYDRl\N'l' I S'J'AND~. PIPE, FIRE ALlIRH AND PORTj\I3LE FIrm EX'J'INGUIS'IIER SYSTEM) AND RESPONSIBILl1'Y .E'OR INSPECTING INs'rALLED SYS1'EMS Wi1S read in title by t-he city clerk. Councilwoman pulcrsen. i'noved to adopt Ordinance #39, Series of .1975, on 'second reading; '''sC'00,11dcd by Councih:oman Johnst:on. Roll call vote;' Councilm(~mbc.rsParry, aye; JOhnston, aye; "Behrendt, aye; vlishart, aye; Pedersl~n, aye; Mayor Standh~y, aye. Motion carried. ~~ANNING DEPARTME~~C2!'1'RACT Ord. 39, 75 Fire M21rshal authorities M21yor Stand led noted there had been a modification in this contr.:lct. The Ul"ban Economi st Plarwing offi should rcnElin tiS a separate d(~partment; howe-vcr, access by the county will be available contract to the economist through contract 'with the planning qffic0. This still allows the planning 'office to be a separate entity and makes the economist a contract consultant. Kane told Council lhat the County ConIDlissioners had approved and ,signed the contract ~at their meeting. City Manager Nv.honey said he had no problems with this arrangement. Councilwoman Pedersen moved to approve the planning department agreement; seconded by Councilman Behrendt. Allin favor, motion carried. PETITION FOR ANNEXATION OF ENCL~VES .City Attorney Stuller submitted a Petition for Annexation for three enclaves within the City of Aspen as requested at an earlier Council meeting. Counc'ilman 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 C Series of 1975) . WHEREAS, there ha~ 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 parti~ularly described as: Parcel A Lots 4 and 5, Pitkin Mesa Subdivision, Block 1, containing 0.739 acres, more or less. Parcel B Lot 7, West Aspen Subdivision, Filing 1, containing 0.348 acres, morc or less. Parcel C -- A tract of land in the NN'l;j, Sec. 12, 'fIGS., n85hT of the 6th P.t-!., 'more fully described as follows: Beginning at a point when the one-guurtcr corner between .$ecLion 11 and Section 12 ,'l'lOS, R85W 0f. th0. 6th P. H. be,ll"s S. 460'08' 15" ~'1. 1394.64 feet; thence S.130341 E. 200.00 feet,; thence N.7602G'E. 122.30 [ceL;- thence N.2So14' W. 204.22-fcct; thence 5.760261\'1. 81.00 feet. to the point. of bcginnin~T, containing 0.47 Clcr.es, more or less, and ~'1HEREl\S, said Petition has been determined by t.he .City Council to satisfy t.he requir('mcnt.s of SC'ct.ion 31-fl-107 of the: ColoradO' Nunicip.1.1 Annexat.ion Act, ilnd lVllEHE7\S,iL is required hy said l\clthat the CO'uncil dctcrm.i.rlCltion of substanti~11comi)li;.ll1cc of all ilnnexation petition Le by Resolution Zind t,hen:forc of 1'0co1:<1, NQIv ,'J'HEREFOlm, l3E I'!, HESOLVED BY THE C:I'fY COUNCIL OF '1'IIE CITY OF ASPEN, COLOHJ\DO: 1. That t:IH" Pc..tition of J\nncxi.ltion of the ahove described tracts having Leen r:i1.1Lmiu'cclto the City Clc'rk shall be, i.Hld hex:c:byis, 'dctenninedt.o be in c0l11pli':H1CC' \-Ii th the n~quil-c'mt~nts of Section 31-8-107 C. H. S. 1973 the Colorudo f.1unic.ipZll ^nllcx;lt..ion l\ct. 2. '['hi1t. jt further be (lC'l:crmincd, and t-h(~ Cily Council so findr;, th.1t Uw tract!. IWOpo.<::c-d for ann(-':-:i1liol1" <ln' incol"por':ltcd' Jand!.; C'ntin'ly C'ont.:dllQcl within Ul(~ boulld;lri(':,; of th('/Ci.ly of ^f:p0n, 1I.\\,(' bc'-~n ~;o :;UI.TOllT\l!0d for d. p,,'rjod of not: ]0:,;S t-hilt) three (3) yp.)rs, and ilr0 <-']i<1ih1c for unn(~xilt.ion under Section 3J',Il-J 0(, (]) , Res.31,75 E::Xln Enclaves ~.j ;""""'.>t"''''''''''''';.,'''''''.'~''_'''''''''''''\.~;~''''~~,''''~~.l\'"1l":~'~~'''(""",,"~.J:~~._,'\'f'"''''''''''''';.f''''",.~'~''""'''''0''~~''''~'''.',~~~7'""","""":''''"':''~''''''':"''.'.'''''''':'<'''':'"':'"''"'"..''-"'''''':'' ...........'.._".".-,,..,.".'..."'~....,..,""'=:,""",,,..,.,..._,.,"""'" ...~,... ~"'" Ord. 40,75 Annexing Thomns property Ci ty bonds -.-., ; J / " '''~'~''-''"' ,,.,,... '...~~ ,""'~'~<.-,",;..~ .":- , .......-, .~ ;1"""\. ~ Rcquli1( f'.1eetinl) Aspen e:i ty Counci.l June. 23, 1975 . Cotlnci lv.'OllIan l'Q(h:'rscn moved Lo adopt Hcsolution #,31, Se'rics of 1975; sc'condcd I)y Counc i Im,:w Behrendt. CouncIlwom,:m .1ohnst.on brou~rht 'up the problem: about annexation and rcm.:d.ning on lIoly eros's, ,and should' this be Ct con5.i.dcration' when 1<.11')d is annexed. Mi'tyor Stundlcy si"lid thi fj !3hould: be an oj cmcnt of CbL1nci~' s dirC'cti ve to the planilinq off ice \;lhon developing or annexing land. City At.t.orncy Stuller HaidCouncil could pose that uS it. condition when the applicant comes to i,he City aSking to beunnc:~xed. .?\ll in favor, motion carried~ CiLy At~orn(;y Stuller.:tsk('d for pe-rmicsion to contact the m.;ncrs indepcndently and let them know what is going on. 'fhcy have u. prot.est period with the ordinance b(:ing published alld reud '"L\,dcG. Council 'u~JX(~c~d. Ci ty Attorney Stuller 0150 brought upConncil' s cor! ie:t. rcque'st to .J.nncx two other arcus of the City that are apprOXimi'ltcly tv.1o-thinls surrounded. cj ty Attorney Stuller said thc1t procc~~s is very complicated (In(] asl~('d :if t.hr' C01.1I1r.il was .still .inton;'sled in going 'ahead with this. r>1D.Y01' Stoll(lleynsl:0d flJr <;t memorandum expJ..:dninq the pro<.::(.'Jurc. ;.1<l.yor Standley told Council he woul'd takc~ a t.elephone poll of U1P l()nd O\\'n<..!r~, involved and report the results to Council. 9RI?I~!\NCE if40 ,_.E!~L~_~ OF 1975 Councilman Behrendt moved to read OrdinancQ #40, Series of 1975; seconded b:( Councilwoman Pedersen. All i.nfavor, motion carried. ORDINANCE #40 (Series of 1975) AN ORDINANCE ANNEXING TO THE CITY OF ASPEN A TRIICT OF LAND CONSISTING OF IIPPROXHlI1TEI,Y 'rIlIHTY-NINE (39) IICRES IIDJIICEN'f TO THE CaY OF ASPEN WHICH TRAC'r IS COMMONLY KNOHN AS "'l'HE 'I'HOMAS PROPEHTY", AND A..1\!NEXING ~'JJE S},ME PURSUANT TO ~'JJ.B AU~'1I0RI1'Y OF SECTION 31-8-106(3) C.R;S, 1973, .OF THE COLORADO ~lUNICIPAL IINNEXA1'JON IICT was read in ti.tle by the City Clerk. Counci.J.1,o10man Pedersen moved to adopt Ordinance #40, Sm:ies of 1975, on first reading; seconded byCouncilm~n Behrendt. Roll call vote Councilmembers Behrendt, aye; JQhnston,ayci Parry, aye i Pedersen, aye; tHshart , aye; Ma.yor Standley ,aye. Motion carried. ELAY CONSTRUCTION DISTRIBUTORS CONTRlICT Muyor Standley asked that Council hold off on this issue until evcry~me has hud a ch<:lnce to read, and, discuss it. City Manager Mahoney told Council he felt it was an opportune time to look into refinancing the City's bonds. Joe~~arrows has recommended that the City look into re-funding certain of our bonds. , . Councilwoman Pedersen moved to adjourn the Council meet.ing at 9:15 p.m.; seconded by Councilwoman Johnston. All in favor, motion carried. ;.... ./) ~at--:-hryn'-s. Hauter, Ci-ty Clerk' ....~!'"'S~'"'-":-';",..-:'?":-,..:""7,."'~~,..!~,.".:'<'''''''''':'''''~,'''''''"..-~~.,~"'':..,><(;~~""''"'7'':''f'''''t"~,.~~",~~~~~","-"",,",.