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HomeMy WebLinkAboutcoa.lu.ex.SunnyParkNorth-Lot7.R-15A.36A-84 , . 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: . ~ --"', lml 544 lS525 E4-fkk1;JA Tnomas Smith, Coun~y Attorney ~~6 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 / , 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: --------------------------------------------------------------------- --------------------------------------------------------------------- P&Z (ee" MEETING DATE: ,1-/);1 DATE REFERRED: PUBLIC HEARING: IN IT IALS : YES NO --------------------------------------------------------------------- --------------------------------------------------------------------- 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 '"" j.; ~J. ../ '~~_:','_'_~~UF~-;'''rl /'- , 1'. ~ ',-----<:ty Coun(~...." r l-" 'en Pr.Z 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 . <. 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. 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II I MAIN 5TREJ:.T ~DDD DDDDD , --' '~~DD ecALE> I INCH . 400 FEET ~ CCOPEJ< II /1 lDNE FINE fI>o..o..D . ~ ^ 1'>1 VICINITY MAP AVENUE II ~ :Nl, AND ANNEXA1~ON MAr? 82-159-2 . '."".,,.- 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. - 2 - :~ , f r I I ~ 1 1 ; ! ". i ,,' ~"-' ~ ~Q'/ Ih { r~ // ..;-. ,nV ,-" e~ .~'" ..,. ~. , J ( , _-:;.,' ~- y'- v " (,0 OV ~V v ~ (, <).-<> ~,~<;) t' ,<). -<> ~<;) ~, ..: ~.j,~ c," \.~ .. (, RECORD OF PROCEEDINGS 100 Leaves ~' . :L~.~.'-. 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 , Q 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 ?J 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 .' J , 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: -~-_._.- " _ . ..,~:".__..;_,,J>W''-~'- l' ..,~.-"...",......-= i~"",t.... ._- .. " :/ 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 i \ = , of he J'!l". ~""-'---"'~''''''- ,.,...,.,.- ,.....~ " . .i,~w:~"""" ,_"'<''-~ "."~,~""".".,..:...-_.-.-...".:..,-,,,.. .h~";:.Ai"""-' ,:-:0':) '" L[.L '\1 "', 41\ \ r , . RECORD OF PROCEEDINGS . tu '1"..\....".. .' ...".,-..-,.). ~_'_-~c_."___.__.~__.._ 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 Ii-' t I . , I ! I , I I i I I I I I I I i .-L. !1~t1QJY!t!I2UM '-ft 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. " , ,"""", .....',... 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. I ~ 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 ( a. b. d. , ~_. i-........- _,~,-:_,_", .~. .r: -~--< . -*- -' "~"--,,,,,,-,,,,,--,"''''''' ,"--''--''''' --,~" - ,- ",-. - - 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- " .,'"",,, r I I .....-...... 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." SB.klm , , i I fi r. ~ I ! I t ! .~ '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 Rr/jj xc: 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 --------------------------------------------------------------------- ---------------------------------------------------------------------- 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 /''',," "",, '" 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." 2 01~ G:J,c;aU r ~ (() , = , ~ ~ OD~ ~ , 'U~<:i~ ' ,'1UbJJ ~~~! ODD Z DOr ~ jDD[~~ ~ ~DO[~': ~ n r---o - Z - [}= . I II ___ :- - '-' .- E=' x h; b : T A. i !" ., I . , , i. " ". . ~n.<;:'~l :::~.1';.~_-:?-...~1:;; ';.:;;: , I , , , , , '0 :0 ,. , :~ 10 ," ,~ ,. , :~ :' :]' , ' /8::{~ 'U\ ,It') , . ,.. ;;1..: ,,'<:, /." " ..... ,.;.." " .:."; ..... ....... ":'::'::':::::':"::~{::""':,""".'::' .......:.;..... . .::.:,...:..:...:.:.:.;:;::....... ......... ......... ':";";. .:.::-::::;~ ........... ........... ..;'.... ....;.......:: ........;..:..;.::.;:.::.. -.'::-::.:.:.;.:.:;: ':':'\::~'. ',.:.::.:. .::.;:.::. .....:... :..:.':' ..:.\.;.:: -"';";'.. ~\:::}.::. ;..:..;. ".:.:..:.: ::::~} ....;. .;.,...... PROPOSED CITY LIMIT '""~~.'iii~~irlfif;:',' .."", ..<<.~ TO:THECI1X C)f:kSB~K;..~.t;x;;rqDAt;!i ~EXED>}'" " ".',., :....:. ..' ,...., .., -IN'" ::;, '. 6QQQ' . ',....:. '.. -':--::', 1"""" ". t::><.h;\:'\, R 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 s ~ <fj lOT 7 15 191 SQ FT " (~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 ~45'21'oo'W ,,""- '\ / C'RR'I'IFICATE OF MAILING r Y-t-- ' 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 ----------------------------------------------------------------------- ----------------------------------------------------------------------- Published in the Aspen Times on September 20, 1984. City of Aspen Account. -- i , ,; . " 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 / ~~ ~O{fj ~~'(j - ~..... . " . " #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