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HomeMy WebLinkAboutcoa.lu.an.Loma Alto.1982Loma A t Annexa, ion - zoning N JEFFREY H. SACHS 4,1) HERBERT S. KLEIN JON DAVID SEIGLE JAMES H. DELMAN B.JOSEPH KRABACHER SACITS, 1,:1.13IN & SFIG-L,?+- ATTORNEYS AT LAW 201 NORTH MILL STREET ASPEN. COLORADO 8 161 1 February 22, 1982 Paul Taddune City Attorney City of Aspen 130 South Galena Aspen, Colorado 81611 Re: Loma Alto Petition for Annexation Dear Paul, TELEPHONE (303) 925.9700 This letter is to follow up the conversations that I had with you in connection with the resolution for annexation which is to be presented to the City Council at their meeting of February 22, 1982. At the City Council meeting held on February 8, 1982, Loma Alto Corporation agreed that in connection with the annexation of the property described in its Petition for Annexation that it will convey all of its water rights appurtenant to the subject property which are ditch rights in the Riverside Ditch to the City of Aspen. However, the City has represented -to myself and my client that it will lease back the water rights to Loma Alto for a nominal sum in perpetuity for use by Loma Alto Corporation, its heirs, successors and assigns in connection with irrigation on the property subject to the annexation. Further., Loma Alto Corporation has prepared a quitclaim deed from Pitkin County Commissioners to the City of Aspen conveying what is commonly known as Chipeta Avenue. As I represented to Council, Sandy Stuller has indicated to me that the County has no problem with making such a conveyance and shall consider the conveyance at their February 22 meeting. Also, Loma Alto Corporation agrees that the covenants and agreements regarding the employee housing on the subject property between Loma Alto Corporation and the Pitkin County Commissioners, shall be binding on Loma Alto Corporation upon completion of the annexation. Finally, it is Loma Alto's understanding that -the Planning Office shall make a recommendation and continence the appropriate proceedings for rezoning of the property so that upon its annexation, the property will be zoned pursuant to the Municipal Code. City Council and Loma Alto Corporation agreed that the property shall be subject to any use designations, setbacks, EXHIBIT B Paul Taddune Page Two February 22, 1982 floor area ratios, or other miscellaneous zoning matters of whatever zoning designation is ultimately selected by the Planning Office and P & Z in connection with the rezoning of said property. I am in the process of redrafting a water lease agreement for the subject property and shall deliver the same to your office in the next few days. If this letter does not accurately reflect the representations and agreements made at the City Council meeting on February 8, 1982, would you please contact me so that we can clarify any miscommunications or misunderstandings. Sincerely yours, SACHS, KLEIN & SEIGLE 7 By on 9avid Seigle JDS/ap cc: Walter Hampel Y MAR 29 ""SPEN / HTKIN rO Di 1�1rllr C march 29, 1982 Jon David Seigle, Lsq. Sachs, Klein & Seigle 201 North N'till Street Aspen, Colorado 81611 Re: Lorna Alto Ailnexation ------------ jear Jon: r;nclosed herewith is a copy of a r.ievio 1:rmi tile. Cityls water coun- sel, John mugr;LcK, with his torments on the revised draft (February 23, 1982) of the w—at2r lease agreement in the above -referenced annexation. _"qWmW_ Please incorporate -.,ll of tir. liusick's suggestions into a final draft of the lease agreement. If you object to any of his sug- gested language or additional ysrovisions, please call me to dis- cuss your objections. I believe we are still awaiting your submission of tne exact legal description of the reievant water rights ano a draft deed relating thereto. If you have any questions, please do not hesitate to contact me. Very truly yours, S. Esary ;tant City Attorney Ic Colette Penne 130 S. GALENA ASPEN, COLORADO 8161 1 Ivor xNowiv Aspen Pacific Associates 7 Pacific Avenue Aspen, CO 81611 PUBLIC NOTICE RE: Proposed Zoning of Loma Alto Annexation (Ferguson Plat) NOTICE IS HEREBY GIVEN that a public hearing will be held before the Aspen Planning and Zoning Commission on Tuesday, April 6, 1982 at a meeting to begin at 5:00 P.M. in the City Council'Chambers, City Hall, 130 S. Galena, Aspen, to consider the zoning of the proposed Loma Alto Annexation (also known as the Ferguson Plat, Lots 1 through 4) to R-15A or some similar residential zone. The property is located northeast of the intersection of Highway 82 and Midland Avenue. For further information regarding the zoning of this proposed annexation, contact the Planning Office, 130 S. Galena, Aspen, 925-2020, ext. 223. s/ Olof Hedstrom Chairman, Aspen Planning and Zoning Commission Published in the Aspen Times on March 18, 1982 City of Aspen Account 1. DATE CERTIFIED COMPLETE: CASELOAD SUMMARY SHEET City of Aspen STAFF: l�1w&f__' 2. APPLICANT: (1—I!k4 a b§.� 3. REPRESENTATIVE: �� IQ)°t� i 4 Step: 2 Step: 1 Step: No. of Steps: GMP ( ) PUD ( Subdivision Subdivision Exception GMP Exception ( _X—ml oning ( / / ! !QT�GC 41 ' ) SPA 7. REFERRALS Use Determination Conditional Use Special Review HPC Other: Attorney Engineering Dept. Housing Water City Electric 8. DISPOSITION P&Z ✓' Sanitation District Mountain Bell Parks Holy Cross Electric Fire Marshal/Building Dept. _40 Approved Denied, Date_ School District Rocky Mtn. Nat. Gas State Highway Dept. _moire Chief Other Council \J/ Approved_ Denied Date 9. PRELIMINARY PLAT REFERRALS: Attorney Engineering Dept. Housing Water City Electric Sanitation District Mountain Bell Parks Holy Cross Electric Fire Marshal/Building Dept. 10. PRELIMINARY PLAT - PUBLIC HEARING P & Z Approved Denied Date 11. FINAL PLAT Council Approved Denied Date 12. ROUTING: ,/Attorney Building engineering School District Rocky Mtn. Nat. Gas State Highway Dept. Other Other MEMORANDUM '10: Aspen City Council FROM: Colette Penne, Planning Office , RE: Recommendation for Rezoning of the Loma Alta Property ( erguson Plat) DATE: April-12, 1982 APPROVED AS TO FORM: At their regular meeting of April 6, the Aspen Planning anc� Zpning Com�hission recommended a zoning of R-15A for the Loma Alto annexation;;p�rcel. Th(�'major criteria considered included compatibility with surroundin'j/zoning districts/ land use, impacts upon traffic, parking and utility service and compatibility with the goals, policies and land use locations of the Aspen Area General Plan of 1966, as amended. The intention of the R-15A zone category is "to provide areas for residential purposes with customary accessory uses." Conditional uses are the same as those in the R-6 zone. Permitted uses are the "same as R-6 except that two- family dwellings shall be allowed only if 50 percent of the units (one unit) are restricted to low, moderate or middle income price range pursuant to adopted price guidelines." Present zoning surrounding this parcel is R-6 across Midland Avenue and R-15 PUD in the east of the property as well as across Highway 82. The R-15A zone is a consistent zone to be placed in this location, as it is consistent with R-6 zoning, yet assures provision of deed restricted housing if duplex structures are built and is a logical interface between R-6 and R-15 PUD zones. TO: Aspen Planning & Zoning Commission FROM: Colette Penne, Planning Office RE: Proposed Zoning of Loma Alto Annexation (Ferguson Annexation Plat) DATE: April 6, 1982 Location: Ferguson Plat, Lots 1 through 4, Northeast of the intersection of Highway 82 and Midland Avenue Applicant's Request: This zoning application is being initiated by the City in con- junction with the annexation to the City of these four lots. Referral Comments: Engineering Department has no comments. The City Attorney's office has no comments on the zoning action, per se. "For your information on the annexation portion of this application, the water rights deed and leaseback documents are being prepared (third draft) and reviewed but not yet ready for execution. The Chipeta Avenue quitclaim deed has been reviewed by this office and the Engineering office and is in proper form and has been recorded." Planning Office Review: Resolution No. 3 (series of 1982) was adopted by the City Council on February 22, 1982. That resolution found the Loma Alto annexa- tion petition to be in substantial compliance with the provisions of Section (1) of Section 31-12-107, C.R.S. 1973 concerning annexation and directed the initiation of zoning procedures for the land to be annexed. State regulations mandate that the zoning action be made within 90 days of annexation. Following P & Z action on the zoning hearing, the City Council will initiate the ordinance adoption process to zone the property and formalize its annexation. The criteria which the Planning Office is recommending be adopted for rezoning applications provide a useful guideline for your action tonight. In this case, the most pressing concerns are compatibility,with surrounding zoning districts/land use; impacts upon traffic, parking and utility service and compatibility with the goals, policies and land use locations of the Aspen Area General Plan of 1966, as amended. The zoning we are recommending for this property is R-15A. The intention of the R-15A zone category is "to provide areas for residential purposes with customary accessory uses". Conditional uses are the same as those in the R-6 zone. Permitted uses are the "same as R-6 except that two-family dwellings shall be allowed only if 50 percent of the units (one unit) are restricted to low, moderate or middle income price range pursuant to adopted price guidelines". Present zoning surrounding this parcel is R-6 across Midland Avenue and R-15PUD to the east of the property as well as across Highway 82. The R-15A is a consistent zone to be placed in this location, as it is consistent with R-6 zoning, yet assures provision of deed re- stricted housing if duplex structures are built and is a logical interface between R-6 and R-15 PUD zones. Development on these lots will be limited to single-family or duplex structures and if the duplex option is chosen, an employee unit is assured as the second unit. Proposed Zoning fo ima Alto Annexation (Ferguson. �xation Plat) Page Two April 6, 1982 Only one of the four lots is undeveloped. Lots 1 and 2 both have newly constructed single-family homes on them. Lot 3 is vacant. Lot 4 has two structures on it, a single-family recently renovated house and a second structure which will be sold under employee price restrictioms. This zoning action is compatible with the Aspen Area General Plan in that an enclave of County land will be brought into the City with a zoning that is in keeping with the zoning and uses in the surrounding neighborhood. A letter is attached from Jon Seigle, legal counsel for the applicant, to Paul Taddune, City Attorney, outlining actions to be taken by the applicant as required in Resolution 3. This is for your information and to document that the conditions of the annexation are being met. We have also attached a file memo outlining the annexation procedure so that you may better under- stand where we are in the entire annexation process. Planning Office Recommenda- tion: The Planning Office recommends that you recommend to City Council that Lots 1, 2, 3 and 4 of the Ferguson Annexation Plat be zoned R-15A at the time of annexation of these parcels. JEFFREY H. SACHS HERBERT S. KLEIN JON DAVID SEIGLE JAMES H. DELMAN B.JOSEPH KRABACHER SACIIS, KLEIN & SI(.IGLE ATTORNEYS AT LAW Paul Taddune City Attorney City of Aspen 130 South Galena Aspen, Colorado 81611 Dear Paul, 201 NORTH MILL STREET ASPEN, COLORADO 8 161 1 February 22, 1982 Re: Loma Alto Petition for Annexation TELEPHONE (303) 925.8700 This letter is to follow up the conversations that I had with you in connection with the resolution for annexation which i.s to be presented to the City Council at their meeting of February 22, 1982. At the City Council 'meeting held on February 8, 1982, Loma Alto Corporation agreed that in connection with the annexation of the property described in its. Petition for Annexation that it will convey all of its water rights appurtenant to the subject property which are ditch rights in the Riverside Ditch to the City of Aspen. However, the City has represented to myself and my client that it will lease back the water rights to Loma Alto for a nominal sum in perpetuity for use by Loma Alto Corporation, its heirs, successors and assigns in connection with irrigation on the property subject to the annexation. Further, Loma Alto Corporation has prepared a quitclaim deed from Pitkin County Commissioners to the City of -Aspen conveying what is commonly known as Chipeta Avenue. As I represented to Council, Sandy Stuller has indicated to me that the County has no problem with making such a conveyance and shall consider the conveyance at their February 22 meeting. Also, Loma Alto Corporation agrees that the covenants and agreements _regarding the employee housing on the subject property between Loma Alto Corporation and the Pitkin County Commissioners, shall be binding on Loma Alto Corporation upon completion of the annexation. Finally, it is Loma.Alto's understanding that the Planning Office shall make a recommendation and continence the appropriate proceedings for rezoning of the property so that upon its annexation, the property will be zoned pursuant to the Municipal Code. City Council and Loma Alto Corporation agreed that the property shall be subject to any use designations, setbacks, EXHIBIT B y Paul Taddune Page Two February 22, 1982 •floor area ratios, or other miscellaneous zoning matters of whatever zoning designation is ultimately selected by the Planning Office and P & Z in connection with the rezoning of said property. I am in the process of redrafting a water lease agreement for the subject property and shall deliver the same to your office in the next few days. If this letter does not accurately reflect the representations and agreements made at the City Council meeting on February 8, 1982, would you please contact me so that we can clarify any miscommunications or misunderstandings. Sincerely yours, SACHS, KLEIN & SEIGLE By t� / on avid Seigle JDS/ap cc: Walter Hampel y A G E N D A ASPEN PLANNING AND ZONING COi1MISSION April 6, 1982 - Tuesday 5:00 P.M. CITY COUNCIL CHAMBERS Regular Meeting I. COMMISSIONERS' COMMENTS II. MINUTES III. PUBLIC HEARINGS A. Proposed Code Amendment to Section 24-12 - Creating Criteria for Evaluating Rezoning Applications B. Loma Alta Annexation - Zoning Request IV. NEW BUSINESS A. Mountain Edge/PUD - Conceptual Review B. City Plaza Office Building - FAR Bonus Special Approval and GM P Exemption for Employee Housing V. RESOLUTIONS A. Andrews/McFarlin Subdivision Exception (Condominiumization) VI. ADJOURN MEETING r. MEMORANDUM TO: Planning Office Files FROM: Alan Richman RE: Annexation Review Procedure DATE: February 24, 1982 Introduction Since the entire procedure for review of annexation petitions is not established in the Municipal Code but instead is set by state enabling legislation, this prooess has not been well understood in the past. Therefore, the purpose of this memo is to explain to all involved how annexation petitions should be handled in the future. Review Procedure Typically, several copies of an annexation petition will be filed with the City Clerk so that they may be acted upon by the City. The City Clerk has agreed that from here on in, these copies will be sent to the Planning Office for our re- ferral. Copies of the annexation petition and annexation map should be referred to the City Attorney and City Engineer. Comments should be received from these departments within a normal re- ferral time period ( 2-3 weeks) so that we can put together a memo for Council identifying any outstanding legal, engineering and planning issues. Typically, these issues will result in a determination as to whether or not to annex the parcel in question and what conditions to attach to the annexation. If the applicant accepts the conditions of annexation, the City Attorney will draft a resolution of annexation by which Concil sets out the conditions under which annexation will occur. If the applicant rejects the conditions, an election for annexation must be held and our role in the review procedure would be temporarily suspended. Presuming the applicant accepts the conditions and Council approves the resolution, the next step in.the procedure is to set a P&Z public hearing to zone the property. We do not charge a fee for this process since the state regulations mandate that we zone the property within 90 days of its annexation. Following P&Z action on a zoning hearing, the final step in the process is for City Council to adopt an ordinance zoning the property and formalizing its annexation. As always, this is a two reading procedure which we work on in cooperation with the City Attorney. Once the zoning ordinance is approved, we should make sure that the ordinance and plat are recorded by the City Clerk within 30 days or our zoning action is null and void. Planning Office Considerations The basic role of the Planning Office in annexation is that of a clearinghouse. Since there is not an adopted annexation policy but instead a belief that review should be on a case - by -case basis, we have no established criteria to follow in our analysis. Nevertheless, it seems clear that our comments should include an evaluation of the impact on urban form in terms of sprawl or leapfrogging. We would be expected to make a zoning recommendation on the basis of the surrounding pattern and our adopted plans. We should be prepared to comment on any density increase which occurs as a result of annexation. We should also consider whether tho e will be any fiscal, environ- mental or other impacts associated with annexation. Finally, we should be prepared to write the cover memos to P&Z and Council by which we :shepard the annexation through the review process. 130 south galena street aspen, colorado 81611 303-925 -2020 MEMORANDUM DATE: March 29, 1982 TO: Colette Penne FROM: Gary Esary41 ASPEN / PiT,!1N CO. Pl ANNiNG 01 tCE RE: Zoning of Proposed Loma Alto Annexation (Ferguson Plat) We have no comment on the zoning action, per se. For your information on the annexation portion of this application, the water rights deed and leaseback documents are being prepared (third draft) and reviewed but are not yet ready for execution. The Chipeta Avenue quitclaim deed has been reviewed by this office and the engineering office and is in proper form and has been recorded. GSE:mc PUBLIC NOTICE � MAR Asp RE: Proposed Zoning of Loma Alto Annexation (Ferguson'Pla�)%v�� �TK/l��.Q NOTICE IS HEREBY GIVEN that a public hearing will be held be ore he Aspen Planning and Zoning Commission on Tuesday, April 6, 1982 at a meeting to begin at 5:00 P.M. in the City Council Chambers, City Hall, 130 S. Galena, Aspen, to consider the zoning of the proposed Loma Alto Annexation (also known as the Ferguson Plat, Lots 1 through 4) to R-15A or some similar residential zone. The property is located northeast of the intersection of Highway 82 and Midland Avenue. For further information regarding the zoning of this proposed annexation, contact the Planning Office, 130 S. Galena, Aspen, 925-2020, ext. 223. J/ V IU1 ilei.IJ Lf Ulll Chairman, Aspen Planning and Zoning Commission Published in the Aspen Times on March 18, 1982 City of Aspen Account MEMORANDUM TO: Gary Esary, City Attorney's Office Lou Beuttner, City Engineering Department FROM: Colette Penne, Planning Office RE: Zoning of Proposed Loma Alto Annexation (Ferguson Plat) DATE: March 16, 1982 April 6 is a scheduled Public Hearing at City P & Z for the proposed zoning of the Loma Alto Annexation (Ferguson Plat) to R-15A. The annexation and the zoning would then occur simultaneously at City Council following P & Z action. If you have any comments regarding the proposed zoning of this property, please send them my way by Thursday, March 25. Thank you. JEFFREY H. SACHS HERBERT S. KLEIN JON DAVID SEIGLE JAMES H. DELMAN B.JOSEPH KRABACHER SACHS, KI�EIN & SEIGLE ATTORNEYS AT LAW 201 NORTH MILL STREET ASPEN, COLORADO 81611 February 23, 1982 r LI-LIF .fir, 2FEB 2 t i Alan RichmondPITKIN Co Planning Office City of Aspen 130 South Galena Aspen, Colorado 81611 Re: Loma Alto Annexation Dear Alan, TELEPHONE (303) 925-8700 At the City Council meeting of February 22, 1982, City Council adopted Resolution No. 3, Series of 1982. The resolution generally deals with the annexation of the Loma Alto property known as the Ferguson Exemption Plats, Lots 1 through 4. The resolution provides that the Director of Planning for the City of Aspen shall institute the appropriate zoning procedures for the property. By this letter, request is made upon the Director of Planning of the City of Aspen and yourself to initiate the zoning procedures for the annexation property. I would request that you place this matter on the next available agenda of the Planning & Zoning Commission. I acknowledged in our conversations last night, that you indicated that there is a significant backlog on the P & Z agenda. I would appreciate anything you could do to expedite this matter. Both my client and myself will be available in the event there is a cancellation of any other matter to proceed on a very short notice. We have a feeling that this should be a relatively simple matter for both the P & Z and Council and we wish to consummate the zoning as quickly as possible. Thank you for your consideration and cooperation. Sincerely yours, SACHS, KLEIN & SEIGLE B - ---- n avid Seigle JDS/ap cc: Walter Hampel CITY/COUNTY PLANP€�MG OFF'�L - 130 S. GALENA .�,-�` ' Q„5 Peti ASPEN, COLORADO 81811 e�'�or�E�, `a tliNtQ•82 sENDER 20 �i FORWfAMING ORDER EXPIRED Jim Snyder Catherine S. Snyder P.O. Box 863 Aspen, CO 81612 PUBLIC NOTICE RE: Proposed Zoning of Loma Alto Annexation (Ferguson Plat) NOTICE IS HEREBY GIVEN that a public hearing will be held before the Aspen Planning and Zoning Commission on Tuesday, April 6, 1982 at a meeting to begin at 5:00 P.M. in the City Council Chambers, City Hall, 130 S. Galena, Aspen, to consider the zoning of the proposed Loma Alto Annexation (also known as the Ferguson Plat, Lots 1 through 4) to R-15A or some similar residential zone. The property is located northeast of the intersection of Highway 82 and Midland Avenue. For further information regarding the zoning of this proposed annexation, contact the Planning Office, 130 S. Galena, Aspen, 925-2020, ext. 223. s/ Olof Hedstrom Chairman, Aspen Planning and Zoning Commission Published in the Aspen Times on March 18, 1982 City of Aspen Account PUBLIC NOTICE RE: Proposed Zoning of Loma Alto Annexation (Ferguson Plat) NOTICE IS HEREBY GIVEN that a public hearing will be held before the Aspen Planning and Zoning Commission on Tuesday, April 6, 1982 at a meeting to begin at 5:00 P.M. in the City Council Chambers, City Hall, 130 S. Galena, Aspen, to consider the zoning of the proposed Loma Alto Annexation (also known as the .Ferguson Plat, Lots 1 through 4) to R-15A or some similar residential zone. The property is located northeast of the intersection of Highway 82 and Midland Avenue. For further information regarding the zoning of this proposed annexation, contact the Planning Office, 130 S. Galena, Aspen, 925-2020, ext. 223. - s/ Olof Hedstrom Chairman, Aspen Planning and Zoning Commission Published in the Aspen Times on March 18, 1982 City of Aspen Account F Certificate of Mailing `Y4\,j� I hereby certify that on this day of March, 1982, a true and correct copy of the Notice of Public Hearing regarding the zoning of the proposed Loma Alta Annexation (Ferguson Plat) was deposited into the U.S. mails, postage prepaid, and addressed to the following: See attached list. List of Property Owners Within 300 feet of Ferguson Exemption Plat Lots 1 - 4 George Parke Margaret Parke William Parke P.O. Box 3307 Aspen, Colorado 81612 Timothy W. Terral P.O. Box 3595 Aspen, Colorado 81612 Ramble Noe Bonnie Plattner 4607 Airflight Drive Apt. 129 St. Louis, Missouri 63134 Stephen Heater 301 South Midland Aspen, Colorado 81611 Robert Burgard Sharon Burgard P.O. Box 8384 Aspen, Colorado 81612 Geraldine Hobgood 370 Lorey Drive Grand Junction, Colorado 81501 Jim Snyder Catherine S. Snyder P.O. Box 863 Aspen, Colorado 81612 Claudia L. Ketcher P.O. Box 988 Aspen, Colorado 81612 Anthony J. Mazza Frank J. Woods 434 East Cooper Aspen, Colorado 81611 Page 2 List of Property Owners Johann G. Reiger Sharon Cabrey Reiger P.O. Box 716 Aspen, Colorado 81612 Aspen Pacific Associates 7 Pacific Avenue Aspen, Colorado 81612 James J. Costley P.O. Box 884 Aspen, Colorado 81612 Guido Paul Meyer P.O. Box 1799 Aspen, Colorado 81612 JEFFREY H. SACHS HERBERT S. KLEIN JON DAVID SEIGLE JAMES H. DELMAN B.JOSEPH KRABACHER SACHS, KLEIN & SEIGLE ATTORNEYS AT LAW 'A~ c''' � .;'.,� i TELEPHONE 201 NORTH MILL STREET (303) 925-8700 ASPEN, COLORADO 81 61 1 March 1, 1982 Alan Richmond Planning Office City of Aspen 130 South Galena Aspen, Colorado 81611 Re: Loma Alto Annexation Dear Alan, Please find attached a list of property owners within 300 feet of the Loma Alto property. If you need any other information regarding the annexation petition and the zoning ordinance, please do not hesitate to contact me. Sincerely yours, SACHS, KLEIN & SEIGLE By 11 Ll 4'on, avid Seigle JDS/ap Enclosure cc: Walter Hampel } �I