HomeMy WebLinkAboutcoa.lu.ex.SunnyParkNorth-Lot7.R-15A.36A-84
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Recorded at 3 ~J o'clock P M g - 2S~ 8'7
Reception No z- q 2- ""20 g
SILVIA DAVIS PITKIN COUNTY RECORDER
BOOK 544 PAliE523
STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS
FOR THE PURPOSE OF CREATING THE SUBDIVISION EXCEPTION MAP
OF SUNNY PARK NORTH LOT SEVEN
BOUNDARY ADJUSTMENT AND ANNEXATION
WHEREAS, the Pitkin County Board of County Commissioners
(hereinafter "County") is the owner of the following real estate
(hereinafter referred to as "Property"):
A tract of land being part of Lot 7, Sunny Park North
Subdivision and a tract of land situated in the south-east
quarter of Section 7, T. lOS, R. 84W of the 6th Principal
Meridian, Pitkin County, Colorado, being more or less fully
described as follows:
Beginning at the northeast corner of said Lot 7, Sunny Park
North Subdivision,
thence south 45 degrees 21 minutes west 8.59 feet,
thence north 74 degrees 5 minutes west 154.58 feet,
thence north 23 degrees 0 minutes east 98.46 feet,
thence south 67 degrees 27 minutes 17 seconds east
188.25 feet
thence south 45 degrees 21 minutes west 79.53 feet,
thence north 42 degrees 29 minutes west 1.46 feet to
the point of beginning containing 15,191 square feet
more or less.
WHEREAS, the County has requested from the City of Aspen,
Colorado an exception from the full subdivision for the purpose
of re-configuring the parcel known as Lot 7 of the Sunny Park
North Subdivision, Aspen, Colorado.
WHEREAS, the County will submit in a timely manner to the
City of Aspen for approval, execution and recordation a plat map
entitled "Sunny Park North Boundary adjustment and Annexation
Map"; and
WHEREAS, County agrees to join any improvement districts
created in the future that encompasses this Property; and
WHEREAS, the Aspen City Council, at its meeting of January
26, 1987, determined that County's request for an exception to
accomplish the boundary adjustment was appropriate and granted
the same, sUbject, however, to the conditions described herein-
after.
NOW THEREFORE, the City Council does determine that the
application for exemption from the full subdivision process for
the purpose of adjusting the boundary is proper and hereby grants
such exemption, provided however, that the foregoing exception is
expressly conditioned upon:
1. County's recording of that certain final plat entitled
OOIJ( 544 ~524
.Sunny Park North Boundary Adjustment and Annexation
Map., which shall conform to the requirements of
Section 20-15 of the Aspen Municipal Code, specifically
including information requested by the Engineering
Department in the August 17, 1985 memorandum to the
Pitkin County Asset Management Office.
2. At such time when development of the parcel is desired,
the County, or its successors or assigns, shall submit
a specific building envelope proposal as part of the
application for the 8040 Greenline Review, and shall
submit information regarding the impacts of the
proposed development on the slope vegetation, drainage,
and other environmental issues sufficient in detail to
conduct said Review, pursuant to Section 24-6.2 of the
Aspen Municipal Code.
3. The County, or its successors or assigns, shall work
with the Fire Marshall to determine if a fire hydrant
is necessary on the western lot line near the access
road, and shall provide a fire hydrant if it is deemed
necessary. This matter shall be resolved prior to
approval of the 8040 Greenline Review.
4. The plat shall contain a dedication which indicates
that the parcel subtracted from Lot 7 is public right-
of-way for the use and benefit of the public, and that
County shall unconditionally and unequivocally give an
option to the City of Aspen to accept the parcel as a
dedicated street.
5. 8040 Greenline Review for Lot 7 will include an
additional subsurface investigation made on the site of
development to evaluate the risk of subsidence due to
the underground mining, pursuant to the recommendation
made by Chen and Associates in their investigation
entitled Subsoil Studv and Under9round Mine Works
Review: ProDosed Residence Lot 7. Sunny Park North,
dated December 30, 1986.
6. County, or it successors or assigns, agrees to join any
improvement districts created in the future that
encompasses the Property; and
NOW, THEREFORE, the City of Aspen does hereby determine that
the application for exception from the full subdivision process
for the purpose of adjusting the boundary of the Property is
proper and hereby grants such exception.
DATED this /1 day Of~' 1987.
APPROVED AS TO FORM:
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lml 544 lS525
E4-fkk1;JA
Tnomas Smith, Coun~y Attorney
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AP~S TO FORM:
.~ 5"/711
Paul J. T dune, City, A torney
I, Kathryn S. Koch, do hereby certify that the foregoing
Statement of Exception From the Full Subdivision Process For the
Purpose of Adj usting the Property Boundary, and that the Mayor,
William L. Stirling, was authorized to execute the same on behalf
of the City of Aspen. . j V d
~-{kLh'<- -/{.v~lL- (^~J'
Kathryn S~ Koch, City Clerk
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,
DATE RECEIVED: JJ-/V-8'Y
DATE RECEIVED COMPLETE:
PROJ ECT NAME: 5u~I':I PAl k f,k.-f). L.rf f
APPL ICANT:
Applicant Address/Phone:
REPRESENTATIVE: rh. ihl:'f""
Representative Address/Phone:
CASELOAD SUMMARY SHEET
Ci ty of Aspen
S~ bdiuis /6f1
CASE NO. jl.A~i
STAFF: ~d3
E~Ci.fIi~
Type of Application:
1. GMP/SUBDIVISION/PUD (4 step)
Conceptual Submission
Prel iminary PI at
Final Plat
($2,730.00)
($1,640.00)
( $ 820 . 0 0 )
,
II. SUBDIVISION/PUD (4 step)
($1,900.00)
($1,220.00) nJ
($ 820.00) ~J)
($1,490.00)( N
($ 680.00)
Special Review
Use Determination
Condi tional Use
Other:
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P&Z (ee" MEETING DATE: ,1-/);1
DATE REFERRED:
PUBLIC HEARING:
IN IT IALS :
YES
NO
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REFERRALS:
,/ City Atty ____ Aspen Consolo S.D. ____ School District
---- City Engineer ____ Mtn. Bell ____ Rocky Mtn. Nat. Gas
Housing Dir. Parks Dept. ____ StateHwy Dept (GleIlWd)
---- Aspen ~Iater _ Holy Cross Electric ____ StateHwy Dept (Gr.Jtn)
City Electric ____ Fire Marshall ~ Bldg: Zoning/Inspectn
Envir. HIth. ____ Fire Chief ____ Other:f..:-'..,.,'-,ij;i~....'~.
4It ;;;~~"~~;;;~;"""."""""...."""~~;;.;~~;;~:"~~";;;;;~;;~:
(/ City Atty VC City Engineer ~Xb'~ilding Dept.
Other:
Other:
~~---- ~
ilA-lJd
FILE STATUS AND LOCATION:
1'05 IT ION:
Sun"j Plf~ fJir-' (ot7
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Ciiy Co..,,1 vrn~I,YnU.li1P-Wwl flIof'J" to ~fP(:\.r H" ~'..vl"\J PAC}' ftJif11.IW7SJoJ. (;/..l-((Jho~
S .bjat t. F"II."",~ LI (""I,t /011>:
1. ,A subdivision exception plat shall be submitted conforming
to the requirements of Section 20-15 and specifically
including information requested by the Engineering
Department in the August 17, 1985 memorandum.
2. A statement of subdivision exception shall be filed with the
City Attorney prior to recordation of plat.
3.
The applicant shall submit a specific building envelope
proposal as part of the application for the Greenline
review, and shall submit information regarding the impacts
of proposed development on the slope vegetation, drainage,
and other environmental issues sufficient in detail to
conduct the 8040 Greenline Review, pursuant to Section
24-6.2.
.
,
4.
The applicant shall work with the Aspen Volunteer Fire
District to determine if a fire hydrant is necessary on the
western lot line near the access road, and shall provide a
fire hydrant if it is deemed necessary. The matter shall be
resolved prior to approval of the 8040 greenline review.
.
RevieIVed By:
~.spen P&Z
Ci ty Council
.
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IIBJIORAJllOOII
TO:
Aspen Planning and Zoning Commission
FROM:
Glenn Horn, planning Office
Sunny Park North Zoning: Public Hearing
RE:
DATE:
October 16, 1984
======================================================================
SITE IBPORlIATION
Location:
Lot 7, Sunny Par k North, northeast corner of the
cul-de-sac at the top of Park Circle (see attached
Map 1)
15,191 square feet
Size:
Physical Characteristics:
The subject site is traversed by the Salvation Ditch. The development
potential of the site is severely impacted by steep slopes. A small
bench at the top of the site is suitable for development.
Surrounding Land Oses:
The majority of the existing lots on Park Circle are already developed
and zoned R-15PUD. Lot 6, located due west of the site, is the site
of the Fisher/Melville duplex which is the building that was partially
destroyed by a fire in the summer of 1983. Lots 3 and 5 which are
located south of the subject site remain undeveloped. The land
located to the north and east of the subject site is owned by Pitkin
County and is unsubdivided.
Property Owners and Application:
Pitkin County Commissioners
BACKGROUND
You may recall that the City and County Engineers in conj unction with
the Planning Office have proposed the extension of Park Circle to
Spruce Street as an immediate road improvement in the Smuggl er Area
(see attached map). The proposed extension of Park Circle is intended
to provide access to the Centennial employee housing development and
to relieve traffic on Gibson Avenue.
In the summer of 1983, the Pitkin County Commissioners acquired Lot 7,
Sunny Park North. It is the County's intention to utilize the front
portion of the lot (6,900 square feet) as the right-of-way for the
proposed extension of Park Circle. The County has submitted an
annexation request to the City for the annexation of a 6,900 square
foot parcel which is located just to the north of Lot 7 (see Map 2).
The City Council has approved a resolution expressing their intent to
annex the contiguous parcel.
The purpose of this public hearing is to consider the rezoning of Lot
7, Sunny Park North from R-15 PUD to R-15A PUD and the initial zoning
to R-15A PUD for the 6,900 square foot parcel to be annexed to Lot 7.
The County has also filed a subdivision exception lot line adjustment
application which will be considered in the future. It is the County's
goal to reassemble a single-family building site which they would sell
to recoup their original investment.
As previously indicated, Lot 7, Sunny Park North is impacted by steep
slopes. Within the R-15A PUD zone district 15,000 square feet of site
area is required after slope density reduction to develop a duplex.
Our analysis has shown that after slope density reduction is calculated
for the subj ect par eel the site area is well below the 15,000 square
foot threshold. Therefore, the Planning Staff has concluded that only
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VICINITY MAP
AVENUE
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:Nl, AND ANNEXA1~ON
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82-159-2
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a single-family unit may be developed on the site.
In spite of the limited developable site area which remains after
slope density reduction, it is recommended that the subj ect site be
zoned R-15A PUD. Within the R-15A PUD zone if a duplex is permitted,
one-half (~) of the duplex must be deed-restricted for employee
housing. The proposed R-15A PUD zoning designation is consistent with
City policy to preclude increasing a parcel's development rights after
annexation.
RBCOIlMERDATION
The Planning Office recommends that you recommend to the City Council
that Lot 7, Sunny Park North be rezoned from R-15 PUD to R-15A PUD and
that the 6,900 square feet to be annexed by the City be zoned R-15A POD.
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RECORD OF PROCEEDINGS
100 Leaves
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ORDINANCE NO. 36
(Series of 1984)
AN ORDINANCE ZONING TilE SUNNY PARK ANNEXATION WHICH LAND
WAS ANNEXED TO THE CITY OF ASPEN PURSUANT TO ORDINANCE
NO. 24, SERIES OF 1984, AND THE COLORADO MUNICIPAL ANNEXA-
TION ACT AND REZONING LOT 7, SUNNY PARK NORTH SUBDIVISION
FROM R-15 TO R-1SA/PUD
~
WHEREAS, the Planning and Zoning commission of the City of Aspen,
Colorado, has considered a proposal to zone the Sunny Park North
....'
.
Annexation as R-15A/PUD; and
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WHEREAS, in Resolution No.
approved on
~
,
1984, the Planning Commission did recommend that the City Council zone
the Sunny Park North Annexation R-ISA/PUD; and
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WHEREAS, the Aspen City Council desire to accept the recom-
i>
mendations of the Planning commission and zone the Sunny Park North
Annexation as R-15A/PUD; and
WHEREAS, pursuant to Section 24-12.3 of the Municipal Code of
~
the City of Aspen, Colorado, the Aspen Planning and Zoning Commission
agreed to sponsor the rezoning of lot 7, Sunny Park North Subdivision
.'
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from R-1S to R-15A/PUD; and
WHEREAS, at a public hearing on
, 1984,
the Planning and Zoning Commission did review the requested rezoning
and then did recommend to the City Council the rezoning of Lot 7,
Sunny Park North Subdivision, from R-15 to R-15A/PUD.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN COLORADO:
Section 1
That from and after the effective date of this ordinance, the
property identified as the Sunny Park North Annexation, more particu-
larly described as follows:
A tract of land being part of Lot 7, Sunny Park North Sub-
division and a tract of land situated in the Southeast quarter
of Section 7, Township 10 South, Range 84 West of the 6th
P.M., pitkin County, Colorado, being more fully described
as follows:
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RECORD OF PROCEEDINGS
100 Leaves
Beginning at the Northeast corner of 'said Lot 7, Sunny Park
~orth Subdivision,
thence S45021'W 8.59 feet,
thence N74005W 154.58 feet,
then N23000'E 98.46 feet,
thence S67027'17"E 188.25 feet
thence S45021'W 79.53 feet
thence N42029'W 1.46 feet to the point of beginning
containing 15.191 square feet more or less.
,11 be zoned R-15A/PUD and be subject to those zoning regulations
licable to said zone district and described in Chapter 24 of the
"n Municipal Code (as now exists or may hereafter be amended).
Section 2
That Zoning District Map of the City of Aspen referenced in
Lon 24-2.2 of the Municipal Code is hereby amended by rezoning
7, Sunny Park North Subdivision, from R-15 to R-15A/PUD which
! property shall be subject to those zoning regulations applicable
he R-15A/PUD zone district as described in Chapter 24 of the
('Ipal Code of the City of Aspen, as now exists or may hereafter
:mended.
Section 3
The City Engineer is hereby directed to amend the Zoning Dis-
i" Map consistent with the requirements of the Municipal Code
IS described in Section 2 above.
~~on 4
If any section, subsection, sentence, clause, phrase or
ion of this ordinance is for any reason held invalid or
:",titutional by any court of competent jurisdiction, such
'on shall be deemed a separate, distinct and independent
'don and such holding shall not affect the validity of the
,!ling portions thereof.
~ection 5
^ Public hearing on the ordinance shall be held on the J;l~
i ____ ~ , 1984, at 5:00 p.m. in the
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RECORD OF PROCEEDINGS
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city Council Chambers, Aspen City Hall, Aspen: COlorado, ~~~~u,'
(15) days prior to which hearing notice of the same shall ~~
published in a newspaper of general circulation within th^ C'.,
.... ....,
of Aspen.
INTRODUCED, READ AND ORDERED published as provided by l.lv
by the City Council of the City of Aspen on the C?,;{ day of
~AJ , 1984.
~. ~~dS .
vJilliam L. Stirling, Haj'Ur
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved this
/cQ~
day of
, 1984.
~
William L.
<~
stir1ing, Mayo
ATTEST:
Kathryn S. Koch, City Clerk
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TO:
THRU:
Mayor and Council ~
Harold L. SChilling. City Manag ,
Steve Burstein, Planning Office
FROM:
RE:
SUNNY PARK NORTH LOT 7 SUBDIVISION EXCEPTION
DATE:
September 4, 1985
-----------------------------------------------------------------
~Q~~!IQN: Lot 7, Sunny Park North SUbdivision. northeast of the
Park Circle cul-de-sac, and up the hillside. Access is provided
off the Smuggler Mountain Road between the third and fourth
switchbacks to a small bench at the top of the site which is
suitable for development. .
~YMM~_~~~ The Planning Office reCommends approval of this
subdivision exception to:
a) Subtract a 6,900 square foot parcel from the existing
Lot 7 to be used for right-of-way for the Park Avenue
Loop; and
b) to add a 6,900 square foot "out lot" parcel to Lot 7,
lying northerly of and adjoining Lot 7, subject to the
conditions stated below.
rR~~IQQ~_~Q~t!~!~_~~rIQN: On August 13, 1984 City Council annexed
the 6,900 square foot parcel of land situated to the north of Lot
7. Council rezoned Lot 7 and the 6,900 square foot parcel to
R-15A(PUD) on Q~tQ.\2.~.z:_;1gL_.!g~1. The Board of County Commission-
ers approved a subdivision exemption on July 8, 1985 to adjust
the lot line between the Mollie Gibson parcel and Lot 7, the~eby
completing the County's necessary action as pertains to this
request to reconfigure Lot 7.
~~~K~~Qgt!D: The proposal before you is the latest in a series of
actions taken by the City and County to establish access to the
Centennial Housing project by extending Park Circle to Spruce
Street, create the Mollie Gibson parcel, reconfigure and rezone
Sunny Park North Lot 7 and provide a new access to Lot 7.
APPLICABLE SECTIONS OF MUNICIPAL CODE: Section 20-19(a)(4)
states the-conciitions"under\.ih-!Chn-a-SUbdiVision exception may be
granted for the purpose of adjusting a lot line, between adjacent
parcels:
MEMORANDUM
DATE: March 31, 1987
TO: FILE
FR: FRED GANNETT, ATTORNEY'S OFFICE
RE: SUNNY PARK NORTH SUBDIVISION, LOT 7
===============================================================
Tom Newland, County Engineer, dropped off a draft of a
Statement of Exception for Lot 7, Sunny Park North Subdivision. A
copy of the City Council minutes for January 26, 1987 was
obtained from the City Clerk's office and compared to Newland's
draft.
Appropriate changes were made to the Newland's draft and
returned to his office for the necessary revisions.
"
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.....',...
MEMO: SUNNY PARK NORTH LOT 7 SUBDIVISION EXCEPTION
PAGE 2
SEPTEMBER 4, 1985
(i) The applicant demonstrates that the purpose of the
request is t~ correct an engineering or survey error
in a recorded plat. to permit a boundary change
between consenting adjacent landowners or to address
specific hardship, provided that the corrected plat
meets the standards of the Code at the time of
the request; and
(ii) The adjustment will not directly or indirectly affect
the development rights or permitted density on the
property by providing the opportunity to create a new
lot or parcel for development or resale purposes. It
may be considered sufficient proof that the applica-
tion will not affect the development rights or
permitted density of the property if the applicant
documents that the lands in question are fully
developed under existing zoning and will not change
in development status due to the adjustment; or if
the applicant agrees to compete under the GMP for any
development rights beyond the existing level of
development on the newly created lots or parcels; and
(iii) Subsequent to the adjustment, the parcels or lots
will continue to conform to the underlying area and
bulk requirements of the zone district. In cases of
an existing nonconforming lot, the adjustment shall
not increase the nonconformity of the resulting lots
or parcels; and
I
,
(iv) The applicant otherwise complies with all applicable
zoning and subdivision regulations of the City of
Aspen.
PRQ~~~~ DI~~~~~[QN: Referral comments:
A. Engineering Department -- The following comments were made
in a memorandum dated August 19, 1985:
1.
The lot is impacted by steep slopes and is subject to
slope reduction calculation as a PUD, pursuant to
Section 24-8,18 of the Municipal Code.
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2.
The lot is subject to the 8040 Greenline Review,
pursuant to Section 24-6.2, which will address concerns
including:
c.
inadequate water pressure,
marginal access road,
possible soil instability causing mud flows or
avalanches,
water runoff
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b.
d.
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MEMO: SUNNY PARK NORTH LOT 7 SUBDIVISION EXCEPTION
PAGE 3
SEPTEMBER 4, 1985
3. The plat should show areas of slopes in excess of 20%
and the Park Avenue Loop road right-of-way.
B.
Building Department/Fire District:
Jim Wilson on September 4, 1985 the
brought up:
In a conversation with
following concerns were
1. There is a fire hydrant on the Park Circle cul-de-sac.
Although it is in an acceptable linear distance from
the lot, the hillside would be a difficult obstacle for
a fireman bringing a hose to the site. It would be
desireable if a fire hydrant were installed on the
eastern property line next to the access road.
2. The access road is of adequate width for emergency
service vehicles. However, it is a concern that winter
maintenance of the road from the Smuggler Mtn. Road
intersection with the Park Avenue Loop (County Road) to
the access easement to the site may not be adequate for
public safety purposes.
C. Water Department: In a memorandum dated September 2, 1985
Jim Markalunas stated that there is no problem with the
availability of water to Lot 7; however, the water pressure
in this area will be lower than in town, and should be
improved due to the addition of the Rubey and Centennial
-looping.
D. Aspen Consolidated Sanitation District: Heiko Kuhn of the
District stated on september 3, 1985 that there is no
problem serving this site by hooking into the Park Circle
sewer line.
PL~~~I~~_Q~~IQ~_B~Yl~~~ This application meets the basic intent
of Section 20-19(a)(4). The requested lot line adjustments would
create a lot that meets the lot size requirement of 15,000 square
feet and provide the right-of-way for the extension of Park
Avenue (already built). The adjustment does not directly or
indirectly affect the development rights or permitted density on
the property. It should be noted that from previous Planning
Office calculations, it appears that after slope reduction only a
single family house can be built on the property, and single
family residences on a single lot are not subject to PUD require-
'ments.
There are significant concerns with t'he adequacy of access and
public services to the property. With regards to all weather
access to the site, the County has committed to maintaining the
estimated 1,075 feet of Smuggler Mountain Road to the access
road, all within County property. The access road is approxi-
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MEMO: SUNNY PARK NORTH LOT 7 SUBDIVISION EXCEPTION
PAGE 4
SEPTEMBER 4, 1985
mately 190 feet long from its intersection with Smuggler Mountain
Road. Access is still less than optional for Lot 7; however an
effort has been made to provide as reasonable an access as is
possible.
Counc~l should note that at the time of 8040 Greenline Review
the applicant should provide more detailed information to address
service problems and environmental concerns. The Planning Office
recommends that a building envelope be required as part of the
8040 Gr,eenline Review in order to ensure that a house is located b
on the bench and would not impact the hillside. There may be H
other significant environmental issues that would be identified I
during greenline review which must be appropriately addressed at
that time.
~~~Q~~~~~~~ION: The Planning Office recommends approval of this
request for a subdivision exception subject to the following
conditions:
1. A subdivision exception plat shall be submitted conforming
to the requirements of Section 20-15 and specifically
including information requested by the Engineering
Department in the August 17, 1985 memorandum.
2. A statement of subdivision exception shall be filed with the
City Attorney prior to recordation of plat.
3. The applicant shall submit a specific building envelope
proposal as part of the application for the Greenline
review. and shall submit information regarding the impacts
of proposed development on the slope vegetation, drainage,
and other environmental issues sufficient in detail to
conduct the 8040 Greenline Review, pursuant to Section
24-6.2.
4. The applicant shall work with the Aspen Volunteer Fire
District to determine if a fire hydrant is necessary on the
western lot line near the access road, and shall provide a
fire hydrant if it is deemed necessary. The matter shall be
resolved prior to approval of the 8040 greenline review.
E~QEOS~~_t<!QTIQN:
"Move to approve the Sunny Park North Lot 7 Subdivision Exception
subject to the four stated conditions."
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'1INEERS & CONSTRUCTORS
July 3, 1985
Mr. Steve Burstein, City Planner
AspenjPitkin PlanniOj
130 South Galena
Aspen, Colorado 81611
Dear steve:
pitkin 'County is requesting a subdivision exemption to allow for a lot
line adjustment of 6,900 sauare feet of f.,ot 7 of the Sunny Park North
Subdivision. The 6,900 sauare feet of Lot 7 to be subtracted, is being
used for right-<lf-way for Park Avenue fAlOp. Tn exchange, the County is
adding 6,900 sauare feet of land from the southeast corner of the
Centennial~lollie Gibson Park property to retain the lot at its
original size. Last fall the City took appropriate action to annex the
Centennial/Mollie Gibson 6,900 square feet and to zone it R15A PUD.
The total size of Lot 7 does not change from that originally platted
and no increase in density will occur.
I
A thirty foot access easem=nt from County road number twenty-one (21),
Smuggler Mountain Road, provides access through Mollie Gibson Park to
Sunny Park North Lot 7. The driveway from the County road to the lot
line has been constructed by the County as a part of the Mollie Gibson
Park construction.
The County p.Jrchased the oriqinal f.,ot 7 to aCX!uire necessary
ri9ht:-ef-way to build Park Avenue L<x>p. To recover its expenses the
County wishes to adjust lot lines and resell the lot. The adjusted lot
provides a better building lot and reasonable access, as the original
r~t 7 was inaccessible because of the steep bank and Salvation Ditch
adjacent to Park Circle. The adjustment provides an adequate building
site which will require little earthmoving.
Submitted for Pitkin ~~unty
~'"'< ,"","C"
Ron Thompson
Project Hanager
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Bud Eylar, Publicl~rks pirector,
Cynthia Houben, County Planning
Pitkin County
SCHMUESER & ASSOCIATES, INC.
1512 GRAND AVENUE, SUITE 210. GlENWOOD SPRINGS, COLORADO 81601 . (303) 945-5468
,".".-'
MEMORANDUM
TO:
Mayor Stirling and Aspen City Council
THRU:
Hal Schilling, City Manager
FROM:
Glenn Horn, Planning Office
~
SUBJECT: Sunny Park North Zoning Ordinance
DATE: October 16, 1984
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SUMMARY
It is recommended that Sunny Park North Lot 7 be rezoned from R-15 PUD
to R-15A PUD and that the 6,900 square foot contiguous parcel be zoned
R-15A PUD.
PREVIOUS COUNCIL ACTION:
The City Council has expressed an intent to annex 6,900 square feet of
land contiguous to Sunny Park North Lot 7.
BACKGROUND/PROBLEM DISCUSSION
Exhibit "An is a vicinity map of the area surrounding the subject
parcel. Exhibit nB" depicts Sunny Park North Lot 7 and the parcel of
land being annexed. The site is traversed by the salvation Ditch and
is characterized by steep slopes. A small bench at the top of the
site is suitable for development.
The majority of the existing lots on Park Circle are already developed
and zoned R-15 pun. Lot 6, located due west of the site, is the site
of the Fisher/Melville duplex which is the building that was partially
destroyed by a fire in the summer of 1983. Lots 3 and 5 whi ch are
located south of the subj ect site remain undeveloped. The land
located to the north and east of the subj ect si te is owned by Pitkin
County and is unsubdivided.
You may recall that the City and County Engineers in conjunction with
the Planning Office have proposed the extension of Park Circle to
Spruce Street as an immediate road improvement in the Smuggler Area
(see Exhibit "A"). The proposed extension of Park Circle is intended
to provide access to the Centennial employee housing development and
to relieve traffic on Gibson Avenue.
In the summer of 1983, the Pitkin County Commissioners acquired Lot 7,
Sunny Park North. It is the County's intention to utilize the front
portion of the lot (6,900 square feet) as the right-of-way for the
proposed extension of Par k Circle. The County has submitted an
annexation request to the City for the annexation of a 6,900 square
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foot parcel which is located just to the north of Lot 7 (see Exhibit
"B") . The City Council has approved a resol uti on expressing thei r
intent to annex the contiguous parcel.
The purpose of this meeting is to consider the rezoning of Lot 7,
Sunny Par k Nor th from R-15 PUD to R-15A PUD and th e initial zoning
to R-15A PUD for the 6,900 square foot parcel which has been annexed
to Lot 7. The County has also filed a subdivision exception lot line
adjustment application which will be considered in the future. It is
the County's goal to reassemble a single-family building site which
they WQuld sell to recoup their original investment.
As previously indicated, Lot 7, Sunny Park North is impacted by steep
slopes. Within the R-15A PUD zone district 15,000 square feet of site
area is required after slope density reduction to develop a duplex.
Our analysis has shown that after slope density reduction is calculated
for the subject parcel the site area is well below the 15,000 square
foot threshold. Therefore, the Planning Staff has concluded that only
a single-family unit may be developed on the site.
In spite of the limited developable site area which remains after
slope density reduction, it is recommended that the subj ect site be
zoned R-15A PUD. within the R-15A PUD zone if a duplex is permitted,
one-half (l:;) of the duplex must be deed-restricted for employee
housing. The proposed R-15A PUD zoning designation is consistent with
City policy to preclude increasing a parcel's development rights after
annexation.
ALTERNATIVES :
The only zoning alternative would be to zone the parcel R-15 PUD.
FINANCIAL IMPLICATIONS:
None
ADVISORY COMMITTEE VOTE:
The Planning and Zoning Commission unanimously recommended the proposed
zoning action.
RECOMMENDATION
The planning Office recommends that Lot 7, Sunny Park North be rezoned
from R-15 PUD to R-15A PUD and that the 6,900 square feet to be
annexed by the City be zoned R-15A PUD.
PROPOSED MOTION:
"I move to approve the attached zoning Ordinance."
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TITLE STATEMENT
THE; UNDERSIGNED, A DULY AUTHORIZED REf"RESENTATWE OF A CORf'OR..'..TE. TITLE
1N.5URLR RUI5TE.RE.O 10 00 BU5ItJE.5S IN PITKIN COUNTY", COLORADO, DOES
HER.E6Y CERTIFY". PURSlJA,NT 10 SECTION '20-15 Cj) OF 1"\'.E ASPEN MUNIC.IPAL
CODE. lWro.T 1l4E PER50NS LIS'TE.O }S OWNERS ON "THIS PLAi 00 HOLD FEE
SIMPLE. 'TlTLE"TO AU... L1E~S AND E~UM6RAMCE.S DtCEPT TIIOSE USTED CN THE
llT\..E INSUR/>Jo.lCE COMMITMENTS NO.5. EFFECfNE
RESPECTI'IEL"", Is.SuELl BY TITLE oF ASPE:H.INC.. ALTHOUGH WE:
BELIEVE "IliE FACTS STATED AA.E. TRUE. nus CERTIFICATE IS NeST 1'0 e.E CONS-
TRUED J<.S ~ Aa5.TRACT Of" TlTL.E , NOR AN oPINION OF TITLE HORA GUARANTY
OF TITLE, AND IT 15 UNDERSTOOD AND }.,GREED -rw.T . :niLE OF ASf"'EN,
lNC.. HEITHER ASSUMES, tlOR. WILL BE ov.RGED WI1'H J..'.rr fINANcv.LOBJ,.Jt;.ATION
OR. 1..1A&1L1TY WHATEVER. ON. Jo.N'( STATEMENT CONTAINED HEREIN.
:TITLE cf J.5f'E1'-!, .IWe.:
EXEC.UTNE "ICE PRESIDENT
ADDRESS
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lOT 7
15 191 SQ FT
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(~d'V ENGriN::.23.'
I, .JA.Y AAMMONO I CiTY E}.:Gl~
}.pPROYE OF' nlls "'J...~ C!'" Sl.:N:~
ATION TO &. RECO;:;l:OE~ IN Ti".~.c
COu....'Ty, c.oLOJU;..!::o.
N.liQ'Q9'OO'W
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C'RR'I'IFICATE OF MAILING
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k'I hereby certify that on this / day of VJ~An-~,
198 , a true and correct copy of the attached Not-ic of Public
Hea ing was deposited in the United States mail, first-class
postage prepaid, to the adjacent property owners as indicated on
the attached list of adjacent prope~ty owners which was supplied
to the Planning Office BY t!RQ applieal'lt in regard to the case
named on the aforementioned public notice.
~ "1cAA- ?'-~/aL
Jan Lynn R czak
A
PUBLIC RO'1'ICE
RE: Zoning of Sunny Park Annexation and Rezoning of Lot 7, Sunny
Park North Subdivision
RO'1'ICE IS HEREBY GIVER that a public hearing will be held before
the Aspen Planning and Zoning Commission on October 16, 1984, at a
meeting to begin at 5: 00 P. M., in City Council Chambers, at 130
S. Galena Street, Aspen, Colorado, to consider R-15A as the zoning
designation for the property being considered for annexation described
below and the rezoning of Lot 7, Sunny Park North Subdivision, from R-
15 PUD to R-15A PUD:
That parcel of land being a part of the southwest quarter of the
southeast quarter, Section 7, Township 10 South, Range 84 West of
the 6th Principal Meridian, Pitkin County, COlorado, being
northerly of and adjoining Lot 7 of Sunny Park North Subdivision
as shown on the plat recorded with the Pitkin County Clerk and
Recorder in Book 3 at page 52, said parcel being descri bed as
follows:
Commencing at the northwesterly corner of said Lot 7, Sunny Park
North Subdivisio~ thence along the northerly boundary of said
Lot 7, South 42 29'00" east, 60.00 feet to the true point of
beginning; thence south 67027'17" east, 180.25 feet to an inter-
section ~ith Line 5-1 of the Mascotte Lode, U.S. M.S. 58671 thence
south 45 21'00" west, 79.23 feet more or less along said Mascotte
Lode Line 5-1 to a point of intersection with the northerly
boundary of Sunny Park North Subdivision and Lot 7 projected
so utheasterly 1 thence north 42029'00" west along said northerly
boundary and projection 173.66 feet more or less to the true
point of beginning.
For further information, contact the Planning Office, 130 S. Galena,
Aspen, Colorado 81611 (303) 925-2020, ext. 298.
s/perry Harvey
Chairman, Aspen Planning and Zoning
Commission
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Published in the Aspen Times on September 20, 1984.
City of Aspen Account.
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ADJACENT PROPERTY CWNERS
Lot 7 Addition Sunny Pazk North Subdivision
for City Annexation
Pi tkin County
506 E. Main St.
Aspen (!) 81611
Ci ty of Aspen
130 S. Galena
Aspen (!) 81611
Smuggler Ra<XlU=t Club
Box 8788
Aspen CO 81612
Sunny Pazk North Subdivision
Lot 1 - Tailings Condaninium
H -Randy Bernard
Box 4752
Aspen CO 81612
#2 - William Dunaway
BoxE
Aspen (!) 81612
#3 - M:>untain States Corrmunication
310 E. Main
Aspen CO 81611
#4 - Robert Pierce
Box 3118
Aspen CO 81612
#5 - ~ad ~tcalf
Box 32
Aspen (!) 81612
#6 - ~ad U~tcalf
Box 32
Aspen (!) 81612
#7 - Margot Pendleton
180 Pazk Circle
Aspen (!) 81611
#8 - Jeff Hanna
6588 Keirn Dr.
Evergreen CO 80439
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#9 - Jo Ann Valley
Box 4806
Aspen CO 81612
no - Robert Latousek
738 Tillberline Dr.
Glennview IL 60025
Lot 2 - PaD< Circle Condominium
n - Louise Edgar
Box 1743
Aspen CO 81612
#2 - Patricia Flug
Box 1373
Aspen CO 81612
#3 - Dr. John Sheehan
Box 1149
Aspen CO 81612
#4 - David Singer
1160 Kane Concourse
Bay Harl:lor Is.
Miami FL 33154
Lot 3 M:>untain Investnent Group Venture
Box 8937
Aspen CO 81612
Lot 4 Penny Evans
Box 4774
Aspen CO 81612
Lot 5 Wayne Srresik
Box 1146
Aspen CO 81612
Lot 6 Sunny PaD< NJrth Condo
Fisher-M;!l ville
205 PaD< Circle
Aspen CO 81611
Lot 7 ,pitkin Counq-
506 E. Main St.
Aspen CO 81611