HomeMy WebLinkAboutcoa.lu.sp.Hallam Lake.A5990Hallam Lake Zoning to PARK (SPA)
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CX&AD SUMMARY SHEET
City of Aspen
p VESTED RIGHTS: YES
CC Meeting Date PUBLIC HEARING: YES
r
VESTED RIGHTS: YES
Planning Director Approval:
Insubstantial Amendment or Exemption:
DATE RECEIVED: 9/21/90 PARCEL ID AND CASE NO.
DATE COMPLETE: A59-90
STAFF MEMBER: KJ
PROJECT NAME: Hallam Lake Zoning to PARK
Project Address: Puppy Smith Street, Aspen, CO
Legal Address: 22xxx acres accessed from W.end of Puppy Smith St
APPLICANT: City of Aspen
Applicant Address: 130 South Galena, Aspen, CO
REPRESENTATIVE: Tom Cardamone
Representative Address/Phone: ACES, Hall -am Lake
Puppy Smith St.,Aspen,CO
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PAID: YES NO AMOUNT: N.C. NO. OF COPIES RECEIVED:
TYPE OF APPLICATION: 1 STEP: 2 STEP:
�l E
P&Z Meeting Date it PUBLIC HEARING: YES NO
NO
NO
Paid:
Date:
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REF�RRALS :
x
City Attorney
City Engineer
Mtn. Bell
Parks Dept.
School District
Rocky Mtn Nat Gas
?�
Housing Dir.
Aspen Water
City Electric
Envir. Hlth.
Holy Cross
Fire Marshal
Building Inspector
Roaring Fork
State Hwy Dept(GW)
State Hwy Dept(GJ)
Other S1(-efJ5
Aspen Con.S.D.
Energy Center
xC 'Nice
)C F,NA/JCE
DATE REFERRED:
INITIALS:
FINAL ROUTING:
City Atty
Housing
DATE ROUTED:
City Engineer Zoning
Other:
FILE STATUS AND LOCATION:
INITIAL:
Env. Health
MESSAGE DISPLAY
TO Kim Johnson
From: Jed Caswall
Postmark: Dec 01,92 7:10 PM
Status: Previously read
Subject: Forwarded: Reply to: Forwarded: ACES 1992 grant
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Comments:
From Jed Caswall:
FYI.
Previous comments:
From Jed Caswall:
Council passed reso on 9/14 finding statutory compliance with ACES'
annexation petition. I assume Planning is still analyzing/processing
land use/zoning issues after which ordinance to annex will be
introduced. To my knowledge no date has been established for when
this is to go back to Council for ord. Under circumstances, I think
is would appropriate to release money in that they did submit their
petition for annexation. You may wish to check with Planning as to
where the land use/zoning issues stand.
Message:
From Amy Margerum:
What do you guys think? Are they still dragging their feet or is
the ball in our court?
From Linda Van Gaasbeek:
Tom Cardamone of Aspen Center for Environmental Studies called today
to see if he can get his 1992 grant. He said the Mayor told him they
had done their part in the annexation process. Is it ok to release
the funds?
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MESSAGE DISPLAY
TO Kim Johnson CC John Worcester
CC Bob Gish
From: Chuck Roth
Postmark: Aug 08,92 9:56 AM
Subject: Hallam Lake Annexation
Message:
This annexation will represent only a small increase in City service
requirements. Th annexation was part of an agreement relating to a
water diversion from the Parking Plaza to the lake, therefore the
Engineering Department supports the annexation. If annexation is an
opportunity for the City to consider expanding its electric service
area, we recommend so doing. The engineering department should
approve any final map before signing by the mayor.
MESSAGE DISPLAY
TO Kim Johnson CC John Worcester
CC George Robinson
From: Rebecca Baker
Postmark: Aug 04,92 10:28 AM
Subject: Forwarded: Reply to: HALLAM LAKE ANNEXATION
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Comments:
From Rebecca Baker:
These are the forml points the Parks Department would like
considered regarding the Hallam Lake annexation, based on the
information to date. 1) What does the City have to gain? 2)
Parks has no budget for personnel for the additional maintenance,
including snow removal, building maint, landscaping, trails maint.
Previous comments:
From George Robinson:
FYI
Previous comments:
From Kim Johnson:
I think that these are good questions - please formalize your
questions and comments, ie Park's desire not to maintain ACES paths,
etc. so I can incorporate them into my memo. Copy John Worcester
also and ask him if these things would need to be in an annexation
agreement. Thanks.
Message:
From George Robinson:
WHAT DO WE HAVE TO GAIN? ANY MORE MAINTANCE REQUESTS? TRAILS? I
DON'T HAVE MUCH MORE TO GO ON, SORRY. ANY MORE INFO. ON THIS?? CAN
YOU THINK OF ANYTHING I MIGHT BE MISSING?
ASPEN*PITKIN
EN AONMENTAL HEALTH OEATMENT
MEMORANDUM
To: Kim Johnson, Planning Office
From: Environmental Health Department
Date: August 3, 1992
Re: Hallam Lake Annexation
The Aspen/Pitkin Environmental Health Department has reviewed the
above -mentioned land use submittal for the following concerns. The
authority for this review is granted to this office by the
Aspen/Pitkin Planning Office as stated in Chapter 24 of the Aspen
Municipal Code. Generally there are no changes of concern to this
department by being annexed to the City of Aspen.
SEWAGE TREATMENT AND COLLECTION:
The project is served with public sewer provided by the Aspen
Consolidated Sanitation District. This conforms with Section 1-2.3
of the Pitkin County-Requlations On Individual Sewaae Disposal
Systems policy to "require the use of public sewer systems wherever
and whenever feasible, and to limit the installation of individual
sewage disposal systems only to areas that are not feasible for
public sewers".
ADEQUATE PROVISIONS FOR WATER NEEDS:
The project is served with water provided by the Aspen Water
Department distribution system. This conforms with Section 23-55
of the Aspen Municipal Code requiring such projects "which use
water shall be connected to the municipal water utility system".
AIR QUALITY•
Not Applicable.
NOISE•
No noise impacts are anticipated on the immediate neighborhood as
a result of the approval of this project. Should complaints be
received by this office, Chapter 16 of the Aspen Municipal Code,
titled Noise Abatement will now be used for action and enforcement.
130 South Galena Street Aspen, Colorado 81611 303/920-8070
recycled paper
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AUG 03 ' 92 02. 17PM A ES ice` g2 �2� C.� l -YZI� INCH
1CO-_ 16111{Jl ed aYoc s Otflce ,!J ��- 147-
6Yl > To: ACES Board of Trust s 6c ctz
From: Tom Cardamon, Direct4 Q� G ST—
Date: August 3, 1992 19ir7". 3 ' DO PkA-
A.t our recent Board of Trustees meeting, I was as
memorandum listing all of the matters we have pending with the City of
Aspen, These are as follow:
1. 6nnexation of Hallam Lae San tuary. We have agreed with the 7 /7 l2
City to annex the Sanctuary into the City. However, what the zoning r-e -
of the Sanctuary will be has not been resolved. The City Planning fXm
Department has recommended that the Sanctuary be zoned Park with
an SPA overlay. They have also recommended that the East Meadow
and Professor House parcels, presentl zoned R-15 and which are
already in the City, be rezonedi�� wi an SPA overlay. In a (K,,,A,,
meeting with Bill Kane today, Bill suggested since Park zoning
implies a use open to the public and since we wish to retain control
over public access to the Sanctuary, Park zoning may not be c,
appropriate. He said present city zoning may not accommodate L-A 5f A
1 J ACES' needs and a new zone may be required. U
Bill strongly recommended that we advise the City of our plans for a
l campus on either the East Meadow property or the Mushroom pies .
We also need to advise the City that the small piece of property we
acquired from Alec Merriam which is alreadyannexed to the City
�c needs to be included in the zone ehane as it is now p o the ,n .
Sanctuary. We also need to discuss with the City the fact that we
incurred an unexpected cost of $6,500 to prepare an annexation map;
is there any possibility -we can be reimbursed this amount by the 11
City? �s 1s ND� av_� a U.t�1 cM ` _Q Q L�
i 2. The City is withholding a $6,000 grant to ACES until annexation of
fi the Sanctuary is completed. This has created a cash flow problem
z for us. Since the annexation is being delayed pending resolution of
zoning of other lands of ours already in the City, this seems
kU �, inequitable
3. Puppy Smith Street from the gates westward should be vacated by
i the City and deeded to ACES. Also, at the west end of Puppy Smith
Street is a 40'x40' piece of land that should belong to ACES but
MOAt*y) evidently does not; we need to clear up this title matter with the City.
AUG- 1 1 -912 TUE 1 1 : 1 8 Y CG ASh"1HN . C0 USF-1
P - 0 2
FII.JG 03 ' Sc: Oc' : 18PM H(:E� � � P. 2
4. We need to finalize arrangements with the City to extend water and ThhQJ ,(,U u �e
sewer lines to the Mushroom piece. The matter of tap fees for this
extension needs to be resolved with the City.
O,
5. The western portion of Jenny Adair park which adjoins ACES y-X
contains what I believe is the southern -most stand of balsam poplars
in the United States. We should enter into a lease a-reement with the
City whereby t satLpra= Chic unkp»A resource' however, the City
must maintain the maintenance of the pond located in the park.
ty-.
The 10,000-square-foot lot at the intersection of the Rio Grande
Trail and Puppy Smith Street is owned by the City and leased to
ACES for housing. We should explore with the City a lot line
adjustment whereby the City would add this amount of land to either
Jenny Adair Park or to the electrical switching station. The entrance
to ACES is degraded by the existence of this building.
7. As an item that may or may not concern the City, we need to obtain
an easement from the Given Institute for the existing trail from the
path behind the red brick school to the Sanctuary. Jim Breasted is
preparing a legal description of the property in order that we can
negotiate this matter with the Given Institute.
TC/b
FI U G - 1 1 1 1 U t. 1 1 = 1
1 6.217 ASPEN CODE
1, bodge use, NIA
2. R,osidential use: 1 spaco/bedroom
9. All other uacs: Requires rpeciAl roview pursuant to Article 7, Division 4, ,t
(Ord. No, 47.1988, 1 2)
Sec, 6.218, Academia (Al. ,
A, Purpose. The purpose of the Academic (A) 2onS diltrid In to establish land
education and cultural a ivities with attendant research, housing and adrninistrativ�'
tieR. All development in the Academic zone district Is to proceed according to a wncq
deve opment plan. and Anal development plaz approved pursuant to the provisions 91
77D —1v Uron W.T p—eZ a W F ann real,
B. Permitted uses, The following uses are permitted an of right in the Academic
district.
1, Private school or university, teaching hospital, research facility or testing la JA
provided that ouch facilities are enclosed and there are no adverse noise oe ii l
mental effects;
2. Auditorlum and other facilities for pori'ormancox and lectures;
9. Gallery;
4. Museum;
6, Library; and e 3
6. Adminiotrative offices.
C. Conditional use& The following uses are permitted a9 conditional urea in th
demic (A.) zone district, subject to the standards and procedures established in �H
Division S.
Y, lto ibr ho red faculty of schools and'
academic inetitutions-
2. Student health care facility;
S. Student and faculty dining hall; and
4, Satellite dish antennae. r
I
D. Dimensional requirements. The dimensional requirements which Qhall appvJ
permitted and conditional uses In the Academic (A)zone district shall be set by the aQ
a conceptual development plan and final development plan, pursuant to Articla 7, I)M
E. Off-aireet parking requirement The following off-street parking spaces shall t
vidod for each use in the Academia (A) Bona district subject to tho provisions of Ar(
Division S.
1, Ledge use; N/A
}I ;� 14 uvug0 YOUs ws1
R&ntial uses: Raquires special review pent to Article 7, Division 4.
' Supp. Na. 1
1662.8
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.aspen Consolidated Sanitation District
565 North Mill Street
Aspen, Colorado 81611
Tele. (303) 925-3601
Sy Kelly - Chairman
John J. Snyder - Treas.
Louis Popish - Secy.
2l
July 21. 1992
Kim Johnson
Planning Office
130 S. Galena
Aspen. CO 81611
Re: Hallam Lake Annexation
Dear Kim:
FAX #(303) 925-2537
Albert Bishop
Frank Loushin
Bruce Matherly, Mgr.
The proposed annexation of Hallam Lake into the City of Aspen
does not create any special concerns for the Aspen Consolidated
Sanitation District. The only part of the parcel that is
serviceable by the District is the southeast corner of the
property. It appears as though the District collection system was
planned under the assumption that the area would remain a
wildlife sanctuary.
Please call if you need any additional information.
Sincerely,
Bruce Matherl
District Manager
EPA AWARDS OF EXCELLENCE
1976 - 1986 - 1990
REGIONAL AND NATIONAL
i�
July 9, 1992
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h, Pitkin County
Kim Johnson
Aspen/Pitkin County Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Hallam Lake Annexation
Dear Kim:
The Board of County Commissioners has agreed to waive the statutory
requirement for an annexation study to be done for the proposed
Hallam Lake annexation into the City of Aspen. Based on the fact
that Hallam Lake is surrounded by annexed City property and that
no public service or utility issues are involved, the Board feels
that such a study is not necessary.
Sincerely,
Reid Haug ey
County Manager
pcsem/wp/7.135
Administration
530 E. Main, 3rd Floor
Aspen, CO 81611
(303)920-5200
FAX 920-5198
County Commissioners
Suite B
506 E. Main Street
Aspen, CO 81611
(303)920-5150
County Attorney
Suite 1
530 E. Main Street
Aspen, CO 81611
(303)920-5190
Personnel and Finance
Suite F
530 E. Main Street
Aspen, CO 81611
(303)920-5220
Transportation
Facilities
76 Service Center Road
Aspen, CO 81611
(303)920-5390
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CIT
13
as
September 5, 1990
Thomas F. Smith, Esq.
County Attorney
530 East Main Street, Third Floor
Aspen, Colorado 81611
Re: ACES Annexation
Dear Tom:
'WEN
r e e t
1611
Pursuant to C.R.S. 31-12-108.5, the City of Aspen would like to
request that the Board of County Commissioners waive the prepara-
tion and submission of an annexation impact report for the above -
noted annexation which will be coming before the City Council in
the near future. The proposed annexation entails approximately
22 acres and is comprised of the ACES reserve. The area to be
annexed has over 66% boundary contiguity with the City and no
changes in land use are contemplated. It is anticipated the area
will be zoned as an environmentally sensitive area so as to
preserve its present status as a wildlife sanctuary and reserve.
Please let me know if you would prefer that this request be
submitted in a different form, e.g., formal resolution. Simi-
larly, do not hesitate to contact this office should you have any
questions.
Thank you.
Very truly yours,
Edward M. Caswall
City Attorney
EMC/mc
cc: Any Margerum, Planning Director
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MEMORANDUM
TO: Planning and Zoning Commission
FROM: Kim Johnson, Planner
DATE: July 7, 1992
RE: Aspen Center for Environmental Studies (ACES) -
Reaffirmation for Rezoning to PARK (SPA) upon Annexation
into the City of Aspen
Summary: A couple of years ago ACES submitted an application to
annex into the City of Aspen. On October 2, 1990, the Planning
Commission discussed zoning the ACES parcel to Park with an SPA
(Specially Planned Area) overlay as recommended by Planning staff.
The current County zoning on the parcel is AF-1, which allows
limited residential development.
The motion to approve was passed unanimously (please see attached
minutes of 10.2.90). Shortly thereafter, it was determined that
the annexation map submitted by ACES needed revision, so the
annexation process was put on hold while the map was completed.
At this point, the process has been re -initiated and meetings
before City Council have been set for confirmation of State
statutory requirements for annexation. Legal and Planning staff
wish to address the zoning process by asking the Planning
Commission to reaffirm its 1990 recommendation to rezone the ACES
property to Park (SPA). No new conditions have arisen which alter
staff's original recommendation. Please refer to attached staff
memo dated 9/21/90 for complete background.
It should be noted that during the 1990 hearing, a motion passed
which directed staff to amend the Land Use Code to add "Nature
Preserve" to the Park (P) purpose statement and list of permitted
uses. Staff would like the Commission to reconsider this directive
for two reasons. First, it seems so very narrowly focused that it
would be of little use to the City and the Code. Secondly, with
the recommended SPA overlay for ACES, the type of use existing and
anticipated by ACES can be accommodated without amending the Code
as suggested. Staff is trying to direct our Code amendment efforts
to those amendments which streamline or clarify Code processes.
Staff recommends that the Commission rescind its 1990 motion
regarding this code change.
Recommended Motion: "I move to reconfirm the Planning Commission's
10/2/90 recommendation to zone the ACES parcel Park (SPA)."
"I also move to rescind the 10/2/90 motion directing staff to amend
the Land Use Code to include "Nature Preserve" in the Park zone
district purpose section and list of permitted uses."
1
Attachments:
Minutes of 10/2/90 Commission Meeting
Staff Memo Dated 9/21/90
PZM10.2.90
won't eliminate impacts altogether. It will just make the most
horrendous examples not possible in the future.
Kim: This setback area is 15ft and the slope allows for that
much more area to be vegetatively screened. Whereas before going
right to the slope or even starting to go down the slope is
lessening any potential for screening.
Everyone then voted in favor of the motion.
ZONING DESIGNATION FOR HALLAM LAKE PARK SPA
Welton: When land is annexed into the City it is rezoned. The
Planning Office is recommending that the zoning for ACES be Park
SPA. Are there any questions regarding this SPA park?
Roger: It is my suggestion that we take the necessary steps to
add Nature Preserve under the purpose section of the Park code.
MOTION
Roger: I move to find that the ACES Nature Preserve does fall
within our concept of the purpose of P-Park and recommend that
the property be zoned Park SPA on annexation to the City.
Jasmine seconded the motion.
Graeme: This parking thing is in here. Sooner or later we will
have to come to grips with the parking on this parcel. Is there
anything we can do at this point concerning that?
Kim: As parking standards to apply? That is why staff is
recommending SPA overlay.
Everyone voted in favor of the motion.
MOTION
Roger: I move to have the Planning Dept start procedures to
include Nature Preserve in both purpose and permitted uses of
Section 5, 220 (a and b) in the code.
Jasmine seconded the motion with all in favor.
Meeting was adjourned.
Time w- "^
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MEMORANDUM
TO: Planning and Zoning Commission
FROM: Kim Johnson, Planner
RE: Public Hearing for Hallam Lake Zoning Designation upon
Annexation to Park (SPA)
DATE: September 21, 1990 (Meeting Date October 2)
SUMMARY: The Commission will be considering a proposed zoning
designation of PARK (SPA) for the Hallam Lake / ACES property.
ACES is currently in the process of petitioning for annexation
into the City and is working on the appropriate annexation map.
It has not yet been determined when the annexation package will
be brought to Council for their consideration.
APPLICANT: The City initiates zoning of a newly annexed parcel.
It is both the City's and ACES' goal to zone the property to
allow it to continue its use as a nature preserve with limited
adjunct uses.
LOCATION: The ACES property is approximately 22, acres
accessed from the west end of Puppy Smith St. Attachment "A".
ZONING: The property is not yet annexed. In the County, its
zoning is AF-1, which would allow limited residential
development.
PROPOSAL: Zoning the ACES property to PARK with an SPA overlay.
STAFF COMMENTS: The Planning Office has considered several
zoning options for the ACES parcel. As stated above, ACES and
the City wish that the property remain a nature preserve,
allowing the continuation of those educational and support uses
already on -site. It is recognized that the neighborhood
surrounding the ACES land also wishes that development within the
preserve be of a type which does not detract from the quiet
character already in place there.
Planning Staff has opted for the "PARK" zoning designation with
an SPA overlay. Attachment "B" is Sec. 5-220 from the Land Use
Code which describes the Purpose, Permitted Uses, Conditional
Uses, Dimensional and Parking Requirements for the PARK. This
zone lays the foundation for purpose and allowed uses. The SPA
Overlay for this parcel is important for several reasons. First,
a Final Development Plan is established for the property. In
this case, Planning will ask ACES to provide an existing
conditions / as -built plan of the land to be the Final
Development Plan. This plan must be filed with the County Clerk
as required by the SPA section.
Second, any changes to the Final Development Plan must be
processed according to the requirements of the SPA section. This
amendment process requires Staff review for "insubstantial"
changes, or a two-step Public Hearing process for other changes.
If a proposal is inconsistent with the Final Development Plan,
the plan must fulfill a four -step Conceptual/Final process. With
these SPA requirements, the neighbors will be notified of
proposed changes or additions to the ACES parcel. Commission and
Council will also have input on any new proposals.
Thirdly, an SPA overlay allows flexibility within the parcel.
Attachment "C" is the Purpose statement from the SPA section of
the Code. As ACES is a unique facility, so are its needs
regarding land use mix, physical layout, and protection of its
natural resources. Staff feels that the SPA overlay will allow
ACES the flexibility it needs to maintain its community goals.
If the Council approves this zoning for the ACES property, ACES
must apply for Final Development Plan approval as required in
Section 7-804 D. As mentioned above, this shall be a description
of existing conditions as of the date of the designation as PARK
(SPA) .
It should be noted that ACES's deed restriction limits its use to
nature preserve and sanctuary. Mr. Cardamone can address this in
more detail at the meeting.
STAFF RECOMMENDATION: Staff recommends that the Commission
approve the PARK (SPA) zoning designation for ACES and forward
their recommendation to City Council for their final
determination.
Attachments: "A" - Map of ACES
"B" - PARK Section of the Land Use Code (abr.)
"C" - SPA Purpose Section
jtkvj/hallam.zone
Moillill
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0 Attachment "B"
Aspen Land Use Regulations
Sec. 5-220. Park jr).
A. Purpose. The purpose of the Park (P) Zone District is
to ensure that land intended for recreation use is
developed so as to serve its intended use, while not
exerting a disruptive influence on surrounding land
uses.
B. Permitted uses. The following uses are permitted as of
right in the Park (P) Zone District.
1. Open -use recreational facility, park, playfield,
playground, golf course, riding stable,
nursery, botanical garden; and
2. Accessory buildings and uses.
C. Conditional uses. The following uses are permitted as
conditional uses in the Park (P) Zone District, subject
to the standards and procedures established in Art. 7,
Div. 3.
1. Recreation building;
2. Sport shop;
3. Restaurant facility;
4. Park maintenance building; and
5. Satellite dish antennae.
D. Dimensional requirements. The dimensional requirements
which shall apply to all permitted and conditional uses
in the Park (P) Zone District shall be set by the
adoption of a Conceptual Development Plan and Final
Development Plan, pursuant to Art. 7, Division 9,
Planned Unit Development.
E. Off -Street parking requirement. The following off-
street parking spaces shall be provided for each use in
the Park (P) Zone District subject to the provisions of
Art. 5, Div. 3.
1. Lodge use: 1 space/bedroom
2. Residential use: N/A
3. All other uses: Requires Special Review pursuant
to Art. 7, Div. 4.
0 ! Attachment "C"
DIVISION 8: SPECIALLY PLANNED AREA (SPA)
Sec. 7-801. Purpose.
The purpose of a Specially Planned Area (SPA) is to:
A. Provide design flexibility for land which requires
innovative consideration in those circumstances where
traditional zoning techniques do not adequately address
its historic significance, natural features, unique
physical character, or location, and where potential
exists for community benefit from comprehensive
development.
B. Allow the development of mixed land uses through the
encouragement of innovative design practices which
permit variations from standard Zone District land uses
and dimensional requirements.
C. Establish a procedure by which land upon which multiple
uses exist, or are considered appropriate, can be
planned and redeveloped in a way that provides for the
greatest public benefit.
16
2 91990
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MEMORANDUM
TO: 1:21L�
FROM: Kathryn Koch, City Clerk
DATE: June 28, 1990
RE: ACES Annexation
Attached is a petition for annexation of territory to the city from
ACES and a copy of the plat map. Please let me know .if there is
anything further you need.
f�5-j`/- Cx-a05
AID
is made with the condition that the following and attached agreements will be
mutually honored.
: 1) An Environmentally Sensitive Area zone shall be established surrounding ACES.
.� This zone would have specific restrictions designed to protect the views and other
natural values at ACES.
2) ACES water rights, transferred to the City as a requirement of annexation will be
t leased back to ACES for two consecutive 99 year periods (as described in attached
agreement).
3) Groundwater drained from the new City parking garage shall be delivered in
enclosed, underground pipes at a rate not to exceed 2 cfs as described in attached
agreement.
ACES Trustees are very pleased with these agreements and wish to thank the
City for addressing our concerns.
Sinc ely,
Tom Cardamone
! !' .., L `.._ �1 , : V pial. 9 ,�� ,,• j _ •.•L 't• p`r `, , r:-. i- . i
4; ta^ t'� �'7�k+ h +t•'+y�a t 1::. .. �NI �''r I y,A tL7lf�/E �,'.{;{ �'.
fY Y
PETITION FOR ANNEXATION OF TERRITORY
TO THE CITY OF ASPEN
The undersigned Petitioners, being the land owners within
the exterior boundary of the territory hereinafter described,
respectfully request the City Council of the City of Aspen to
approve the annexation of the proposed area to be annexed in
accordance with the provisions of C.R.S. 1973 31-8-101 et sea.
and in support thereof allege as follows:
1. It is necessary and desirable that the territory
described in the land description below be annexed to the City of
Aspen.
2. The requirements of C.R.S. 1973 31-8-104 and 31-8-105
exist or have been met.
3. The Petitioners are the owners of the territory sought
to be annexed and therefore are the owners of more than 50% of
the territory sought to be annexed.
LAND DESCRIPTION
The legal description of the land owned by Petitioners for
which annexation is sought is as follows:
ATTACHMENTS:
Accompanying this Petition are the following:
(a) Circulator's affidavit
(b) Four prints of an annexation map containing the
information required by C.R.S. 1973 31-8-107.
DATE
SIGNATURE
STATE OF COLORADO
County of Pitkin
MAILING ADDRESS
AFFIDAVIT OF CIRCULATOR
7 ZZ,, , Cry. Fx 6 /.;,,
The undersigned, being duly sworn, deposes and states as
follows:
1. I am over the age of 21 years;
2. I am the circulator of the foregoing Petition:
3. Each signature thereon is the signature of the person
whose name it purports to be.
Subscribed and sworn to before me this ;;19 day of
.76
19 ae, by
WITNESS MY HAND AND OFFICIAL SEAL.
Phyd*3 Ste0en/i;o?a: / F'ub!iC
My commission expires: P.O. BOX ia.,'•s ^�,C081612
y i .IS f a bA
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11.0. BOX 8777 • ASPEN, COLORADO 81612 • 303/925-5756
CONCERNING THE EXEMPTION FROM GENERAL TAXATION OF THE FOLLOWING PROPERTY:
Tr of land part of SE 1/4 NE 1/4, NE 1/4 SE 1/4 Sec 12-10-8514 6th PM & Part of SW 1/4 NW1/4,
NW 1/4 SW 1/4 Sec 7-1OS-84W 6th PM desc as fols, Beg at SW Cor Blk 3 Lake View Add Aspen, Th
N 02 Deg 00 Min E 324 Ft alg W Li of Blk 3 & 5 Lake View Add to Cen Roaring Fork River, Th
Nly alg Cen Roaring Fork River to Pt 266.86 Ft E of SE Cor Lt 21 Blk 90 Hallams Add Aspen,
Th S 90 Deg 00 Min W 266.86 Ft to SE Cor Lt 21 Blk 90 Hallams Add, Th S 28 Deg 08 Min E 80.86
Ft, Th S 62 Deg 48 Min W 45,50 Ft, Th S 80 Deg 28 Min W 159.76 Ft, Th S 50 Deg 04 Min W 86.70
Ft, Th S 03 Deg 45 Min E 101.63 Ft, Th S 07 Deg 45 Min E 121.86 Ft, Th S 89 Deg 11 Min W
37.85 Ft, Th S 29 Deg 07 Min E 115.46 Ft, Th S 37 Deg 06 Min E 81.60 Ft, Th S 07 Deg 00 Min
E 40,30 Ft, Th S 19 Deg 08 Min W 63.50 Ft, Th S 30 Deg 50 Min W 116.43 Ft, Th S 05 Deg 09 Min
W 124.93 Ft, Th S 77 Deg 55 Min W 33.89 Ft, Th Cv L 89,07 Ft alg Ely Li Lts 10 thru 12 Blk
103, Th S 49 Deg 55 Min E 127.22 Ft, Th S 44 Deg 34 Min W 33.50 Ft, Th Cv L 74.11 Ft alg Nely
Li Lts 16-17 Blk 103, Th N 79 Deg 05 Min E 69,18 Ft, Th S 49 Deg 41 Min E 49,90 Ft, Th S 34
Deg 25 Min E 78.60 Ft, Th S 12 Deg 24 Min E 241.98 Ft, Th S 74 Deg 18 Min E 532.49 Ft to POB
Lo.at 21_..EL3 A-M/_L Aspen
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DISTRICT COURT, WATER DIVISION NO. 5, COLORADO
Case No. 89 CW 174
STIPULATION AND AGREEMENT
CONCERNING THE APPLICATION FOR WATER RIGHTS OF:
ASPEN CENTER FOR ENVIRONMENTAL STUDIES, INC.
COMES NOW Aspen Center for Environmental Studies, Inc. (ACES),
by and through its attorney Kevin L. Patrick, P.C. , and the City of
Aspen, (Aspen) by and through the City Attorney and its special
counsel Musick and Cope, and enter into this Stipulation and
Agreement and as grounds therefor, state:
1. Upon the inclusion of the terms and conditions of this
Stipulation and Agreement within the Decree entered herein,
the Objector's Statement of Opposition shall be deemed
withdrawn.
2. The parties agree that the Court may enter decrees in
substantial conformity with the Applications filed by the
Applicants.
3. These matters may be rereferred to the Water Referee.
4. The parties recognize that there is a possibility that the
dewatering operations of the City of Aspen's Rio Grande
Parking Facility and the Rio Grande Drain water right applied
for in 89 CW 280 may be hydraulically connected to the Hallam
Lake Springs and Hallam Lake water rights applied for in 89 CW
174.
5. The parties have agreed to cooperatively enhance the water
supply for Hallam Lake Springs and Hallam Lake by this
Agreement.
6. The Rio Grande Drain water right shall be utilized to
supplement the Hallam Lake Springs and Hallam Lake water
rights.
7. The Rio Grande Drain, Hallam Lake Springs and Hallam Lake
shall be used by ACES for recreation, aesthetic, fish
propagation, wildlife habitat, wetland creation, and
environmental studies purposes only.
1
8. Aspen shall take all necessary actions to design, construct,
and obtain necessary rights of way and permits to construct an
underground pipeline for year round usage for the delivery of
water produced from the Rio Grande Parking Garage Facilities
via the Rio Grande Drain dewatering system to Hallam Lake.
The improvements shall be designed in a mutually acceptable
manner and constructed at Aspen's expense in a workmanlike
manner to be capable of delivering a year round supply of up
to 2.0 cfs. The pipeline shall be completed and water
delivered to ACES by July 1, 1990. Aspen shall obtain all
required permits to accomplish the purpose of this Agreement
at the location and for the construction of the foregoing
facilities, including, but not limited to, .the filing,
amendment, or modification of permits, as needed, including
the Water Quality Control Division, Colorado Department of
Health Application for Discharge Permit No. COG-070109.
9. Aspen hereby agrees to lease to ACES the use of 2.0 cfs of the
water which it develops in its Rio Grande Drain from the Rio
Grande Parking Garage Facilities dewatering system. Aspen's
obligation to deliver the 2.0 cfs leased hereunder shall be
reduced to that quantity of water which Aspen's dewatering
system yields if such is less than 2.0 cfs. The actual
quantity of water delivered from time to time by Aspen to ACES
shall be adjusted after taking into consideration the aquatic,
biological and piscatorial conditions and requirements of
Hallam Lake as determined in ACES' reasonable discretion.
This lease shall be reduced to a separate written agreement.
10. ACES agrees to maximize the use of the Hallam Lake Springs
awarded herein so as to minimize the reliance on the use of
water leased hereunder from Aspen's Rio Grande Parking Garage
dewatering program subject to the reasonable needs of the ACES
for the proper and full maintenance of the Hallam Fake aquatic
habitat, which needs shall be determined in ACES' reasonable
discretion.
11. All water leased hereunder shall be delivered to Hallam Lake
via the above -described underground pipeline. Nothing herein
shall be construed as ACES obtaining, for any reason,
ownership of said dewatering facility, it being understood
that water is being provided on a lease basis only.
12. ACES shall not object to the entry of a decree which the City
is seeking in Case No. 89 CW 280 for the water produced in
dewatering operations of the said parking facility, provided
said water right is obtained in a manner and for purposes
which are not inconsistent with the purposes and terms of this
Agreement.
13. ACES agrees that it shall submit a petition for annexation
into the municipal limits of the City of Aspen within six
0
months from the execution hereof. Said annexation shall,
among other things, provide that the water rights applied for
herein by ACES be conveyed to Aspen and concurrently leased
back to ACES for nominal consideration and a term of not less
than 99 years with not less than one automatic extension of
the 99 year lease term. The Lease shall further provide that
ACES shall determine and have control in its sole and
exclusive discretion over the use, operation, and maintenance
of the subject water rights, it being agreed that ACES is
vested with a degree of expertise which justifies such
discretion and control.
14. This Agreement shall inure to the benefit of and be binding
upon the successors and assigns of the parties hereto.
15. By signing this Agreement the parties acknowledge and
represent to one another that all procedures necessary to
validly contract and execute this Agreement have been
performed and that the persons signing for each party have
been duly authorized to do so.
16. This Agreement may be amended, modified or terminated only by
written instrument executed by all parties.
IN WITNESS whereof, the parties have executed this Stipulation and
Agreement effective on the day of May, 1990.
By
KEVIN L. PATRECK,�C.
A Professigital _Corp ratUn
Kelvin 'L Patri No : 124 -
106 S. Mill St., Su to 200
Asppiff CO 81611
Attorney for
Aspen Center for Environmental Studies
(303) 920-1028
CITY ATTORNEY
t
By
Edward M. Caswall, Esq. #10435
City Attorney
130 South Galena Street
Aspen, CO 81611
(303) 920-5055
3
(Aspen:stipagm17.hm)
MUSICK AND COPE
By � 94 iZ D «n� o �'� t�
John D. Musick, Jr., No. 0341
P.O. Box 4579
Boulder, CO 80306
(303) 447-1974
Special Counsel for City of Aspen
4
0
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
Phone 920-5090 FAX 920-5197
MEMORANDUM
TO: City Attorney
City Engineer
Aspen Water Department
Finance
Electric
Streets *Af
Parks
Environmental Health Department
Aspen Consolidated Sanitation District
Aspen Fire Protection District
Aspen Police Department
Pitkin County Manager
FROM: Kim Johnson, Planning Office
RE: Hallam Lake Annexation
DATE: July 1, 1992
s�rV010�
?
ft-Ayorl "t".1.
Aspen Center for Environmental Studies has requested that Hallam Lake be
annexed into the City of Aspen. Please send comments to me relative to this
annexation. The City Clerk's Office has a copy of the annexation map should you
need to review it.
Please return your comments to me no later than August 1, 1992. Thank you.
y-�
1-016 IVCis
FT1 7 1992
A?t-E-4,
CITY OF ASPEN AAV 9 9
City Attorney's Office
130 South Galena
Aspen, Colorado 81611
(303) 920-5055
MEMORANDUM
TO: Kathryn Koch, Dianne Moore, & Chuck Roth
FROM:
John P. Worcestew
DATE:
May 29, 1992
RE: ACES Annexation
The Aspen Center for Environmental Studies filed a petition for Annexation into the City back
in June, 1990. At that time our Engineering Department determined that their annexation map
did not comply with statutory requirements. Since then the City and ACES have been embroiled
in a water court dispute related to the ground water found when digging the foundation for the
garage. That dispute has since been resolved and Tom Cardamore has filed an annexation map
that appears to be in good order. So, we are now going to be required to process the annexation
petition.
I intend to have a resolution ready for Council to start the process at their regular meeting on
June 22, 1992. The timeline after that is pretty flexible except for the first public hearing which
has to occur between 30 and 60 days after Council passes the first resolution on June 22. Let
me know if anyone has any concerns about this.
Chuck, please confirm in writing at your earliest convenience that the annexation map is in
compliance with the statutory requirements for 2/3 contiguity with City limits.
Dianne, can you tell me who on your staff will process the annexation and zoning matters. Also,
can Planning take responsibility for making a referral to all City departments?
I have given Kathryn three copies of the petition and new map for regular distribution.
xc: Jed Caswall
Amy Margerum
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