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coa.lu.an.201 S 7th St. Guyasuta
p Guyasuta Seventh Street LLC Annexation Request Prepared for: Guyasuta Seventh Street LLC Prepared by: Bluegreen. 2008/02/04 guyasuta seventh street Ilc annexation request table of contents I. Introduction page 2 a. annexation request b. authorization letter II. petition page 4 a. completed petition b. property legal description/proof of ownership—attachment a c. affidavit of circulator d. proposed annexation map (four (4) full-size copies attached) III. annexation statement page 12 a. description of how request meets the statutory and local criteria IV. development rights summary page 20 a. description of entitlements granted by Pitkin County to be maintained after annexation V. initial zoning page 23 a. completed application form b. pre-application conference summary c. general statement on zoning request/vicinity map and other graphics d. proposed zoning map (twenty (20) full-size copies attached) e. improvement survey (one (1) full-size copy attached) f. compact disc containing digital files (one disc attached) bluegreen 04 february 2008 1 of 33 guyasuta seventh street Ilc annexation request I. Introduction A. Annexation Request This application contains a request for two actions: • Annexation of the subject property, located at 201 South Seventh Street, into the City of Aspen—a portion of the property was previously annexed into city in 2003, and • Establishment of the newly annexed property's initial zoning as R-15—moderate density residential. The subject property, also known as Lot 3 of the Adams Subdivision, is currently zoned R- 15—moderate density residential—in Pitkin County. The lot is 33,945 square feet in size and was created before June 12, 1978, pre-dating Pitkin County's subdivision regulations. The minimum lot size for the R-15 zone district is 15,000 square feet. The lot's current land use is residential and it is improved with a single-family residence. The applicant has met with the City Attorney and City planning, engineering and parks staff, as well as Pitkin County planning and zoning staff, to understand the benefits and constraints of this annexation request. The benefits to the applicant include: • Design flexibility provided under the City's Land Use Code, including the residential design standards • Legally being contained within the City of Aspen, rather than just appearing to be within the town limits by proximity and existing municipal utility services • Clearing up a confusing title issue The benefits to the City include: • Ensuring neighborhood compatibility and community character through the City's Land Use Code, including residential design standards • Simplifying the city boundary to improve emergency service response • Enabling the remaining portions of the Shadow Mountain neighborhood to become a part of the City through future annexation • Capturing additional real estate transfer taxes without the need to extend city services or infrastructure • Clearing up a confusing title issue • Potential to create pedestrian and bicycle improvements on Seventh Street to complete an important missing link of the Hopkins Avenue Bikeway bluegreen 04 february 2008 2 of 33 guyasuta seventh street Ilc annexation request B. Authorization Letter 04 February 2008 Bruce Weiner Guyasuta Seventh Street LLC 139 Freeport Road, Suite 200 Pittsburgh, PA 15215 RE: Annexation Request Authorization Dear Bruce: This letter serves to authorize Bluegreen to act on your behalf to prepare, submit and process a request for annexation of your property into the City of Aspen, Colorado. The property to be annexed is located at 201 South Seventh Street in Pitkin County, Colorado. The property is legally described as Lot 3 of the Adams Subdivision. If there are any questions regarding this authorization, you can be reached at (412) 782-0200. Sincerely, Sheri Sanzone, AICP/ASLA/LeedAP Accepted by: C!- 0�-y-o8 Bru Weine ' date G yasuta 5 venth SIXet LLC bluegreen 04 february 2008 3 of 33 guyasuta seventh street Ilc annexation request II. Petition A. Completed Petition PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN PURSUANT to the Municipal Annexation Act of 1965 ("Act'j, Part 1, Article 12, Title 31, Colorado Revised Statutes, 1973, as amended the undersigned (hereinafter referred to as the"Petitioner") hereby petition the Council of the City of Aspen, Colorado for the annexation of an area, to be referred to as the Guyasuta Seventh Street LLC Annexation to the City of Aspen. Said area, consisting of approximately 33,945 square feet (.78) acres and as Lot 3 of the Adams Subdivision, is more particularly described on Attachment"A,"attached hereto. IN SUPPORT OF THIS PETITION, the Petitioner alleges: 1. That it is desirable and necessary that such area be annexed to the City of Aspen, Colorado. 2. That the requirements of Sections 31-12-104 and 31-12-108, C.R.S., exist or have been met. 3. That not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the boundaries of the City of Aspen, Colorado. 4. That a community of interest exists between the area proposed to be annexed and the City of Aspen, Colorado. 5. That the area to be annexed is urban or will be urbanized in the near future. 6. That the area proposed to be annexed is integrated with or capable of being integrated with the City of Aspen, Colorado. 7. In establishing the boundaries of the territory to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate, has been divided into separate parts or parcels. 8. No annexation proceeding has commenced for the annexation to the municipality other than the City of Aspen, Colorado, of all or part of the area described above. 9. The annexation proposed in this petition will not result in the detachment of area from any school district and the attachment of the same area to another school district. 10. That the Petitioner herein comprises more than fifty percent (50%) of the landowners in the area and own more than fifty percent (50%) of the area to be annexed, excluding public streets, alleys and lands owned by the City of Aspen, Colorado. WHEREFORE, said Petitioners request that the Council of the City of Aspen approve the annexation of the area described on Attachment"A," legal description of the land. The Petitioners reserve the right to withdraw this petition and their signatures there from at any time prior to the commencement of the roll call of the City Council for the vote upon the bluegreen 04 february 2008 4 of 33 guyasuta seventh street Ilc annexation request second reading of the annexation ordinance. Individual Petitioners signing this Petition represent that they own the portion(s)of the area described on Attachment"A." IN WITNESS WHEREOF, I have executed this Petition for Annexation this day of February, 2008. V Petitioner's/Owner' Signature 13Sy c e 6. W ✓� Petitioner's/Owner's Printed Name 135 FREMPT Rod Address Pl ITsBLQwA , PA is a l s City, State,Zip bluegreen 04 february 2008 5 of 33 guyasuta seventh street Ilc annexation request B. Legal Description of the Annexation/Proof of Ownership - attachment A CERTIFICATE OF OWNERSHIP Pitkin County Title,Inc.,a duly licensed Title Iosuraoce Agent in the State of Colorado hereby certifies that GUYASUTA SEVENTH STREFT,LLC,A COLORADO LTMITED LIABILITY COMPANY aro the owners in fee simple of the following described property: LOT 3,ADAMS SUBDIVISION, according to the Plat thereof recorded May 14, 1973 in Plat Book 4 at Page 385, ADDRESS ACCORDING TO THE PITKIN COUNTY ASSESSORS OFFICE:201 South Seventh St,Aspen, CO 81611 ENCUMBRANCES: Deed of Trust from :GUYASUTA SEVENTH STREET,LLC,A COLORADO LIMITED LIABILITY COMPANY To the Public Trustee of the County of PITIGN For the use of :S&T BANK . Original Amount :$4,687-.500.03 Dated :January 3,2008 Recorded :January 3,2008 Recepton No. :645469 Assignment of Rents recordcd in connection w'rh the above Deed of Trust vras recorded January 3,2008 as Reception No.545470. This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. PITKIN COUKrY TITLE.INC. BY: authorized sigauurc CERTIFIED TO:January 31,2008 at 8:00 A.M. Job No.21986CO bluegreen 04 february 2008 6 of 33 guyasuta seventh street Ilc annexation request pp ow,taryfro8moo WARRANTY DEED THIS DEED,made Jamgry 9.2008, SQ`.*m DANIEL J.MARTINEAU and AMY N.S.MARTINEAU of the Cwmyd .Stab of .GRANTOR AND GUYASUTA SEVENTH STREET,L li A COLORADO LWTED LUA WN COMPANY,ORAMU +Masa legapaym la: 179 Fn9WM ROAD SUITE 2C4 PrMftRGN.PA ISM Of Im Bandy d I .$telt of PA WMESSETH,That larwd In sandasredan of Mm aura d len Oft$pre Mw pwd end vasdeaf CWaldardw,fie moeptwW lmfft:wrry oFwhich is Mmby eannsleglaw,ow w2raWft"panloa. 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IN NTNIM VOMMOF amps+a 1119e>!_ewlad 66(500d. SIGNATURES ON PA[IE 2 ROtum[C f PBTBRTydAm8 P.0,S0%t=at 3114OW ASSVn1Ada.OD atafd bluegreen 04 february 2008 7 of 33 guyasuta seventh street Ilc annexation request SIGNATURE PAGE TO WARRANTY DEED PAGE 2 Ah EL J.MARTIKW AMY N. itwhMEAU ISTATE OF COLORADO 1 COUNTY OF PITgN 1 TP►b-ongln�rumentrms arAneuAetlgel nekre me INS„dsy c4JAh'UPRY.2G0N tr/CANIELJ.AIAitT8az-m "AMY N.8.MAITMMEAU. 1 1WTNE6a my nada aadaM7al mat I`T1yYt �Q ap mam►(dt BrPFe► H ryPuP4 lti�'S.lklGl'•R5 _ '.'�'' hi)t,�RY LAMA Z 1 SCAI.F_ITC.COLI�IU D .. PCT21786L4 rk r,,,.,,,y„T,ederoawn3ka bluegreen 04 february 2008 8 of 33 guyasuta seventh street Ilc annexation request ' E7611B17'A' 1. Tarn kx6w 7vor20M M bel dua U hill a 2 Rbhtdtlle CrdpAek+rAancb«txabedraU«nacva nb anUnUed'fots P=HlhenPrtAPU23.o ae rd mirnenaCl O,e Dremr�nerntry Bre�' mUdod Eb1es PalnttetxradADm i3,19ph BCdt 99 st Pape 37 ad Docemaer 3,its m Bode bbal.'�.'U 3. 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Eeaerzctdald tgMl alwayIct an check aansmldan«ditduiim Ina or ayOnt as grrdad to Hoy CIMS Ekd1fa gaood9Ua5,Ltc,In I abamerd=rded Jaauay 17,1992 h Bak 067 at Pape 77, IM F2lprlda aid rpd drrq reg an efeekic tromMaeldn Milahltullm ling or syslam m gmrzed So Hay Croca Ekcmd Aaaeda0ao.Cr.,h lnsDmn4r4 reaudod SclYlcndrr O.1995[n Bdk 792 at Pago 723. 11.Terme,co gla".pmdslans arid obapfta as ad rode 41 A4mnwWOm Decision temrdd ApM 2t,2000 as ReuySrn kb.442556 12.Eafen:tra and rOnt m%my for an ekcbL aad'nssalan«Eenlhmkm MD«cysmm,as gramd to Hoy Conde E7cd,t,ABSCM cn.tag.,h mmmmcra receded ALWt 11,2000 a"goo No.44aNl. 13.Terms ddndaena,pm+d'arsa end dgigaOam as so toN1 in'Trench,CwduB end Vea1 AOMMOM WM Noy Cnsss 64ca10 AnC[bdan,tm.,M=HtodAupum 14,M as Racepoan 110 446042. 14. mad pfap6M ee iDOAiI m 8wM cY Mean Stn v"Ergs hers.tm doted Deramter 2007,as Jot Na 2918MK, bluegreen 04 february 2008 9 of 33 guyasuta seventh street Ilc annexation request C. Affidavit of Circulator STATE OF PENNSYLVANIA COUNTY OF ALLEGHENY The undersigned, being first duly sworn upon his oath states: That he was the circulator of the attached Petition for Annexation and that each signature therein is the signatur f the person whose name it purports to be. Ci culator's Signa ure , r N Subscribed and sworn to before me this I day of February, 2008, by WITNESS my hand and ddlofficial seal. aLoA Commission Expiration Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mare+`_ Pubic Jeftoewl •;.,... County MY Commission Expam Mar.4,201 O Member,PenmyNanie Asa tmn of Notarin bluegreen 04 february 2008 10 of 33 N M � M J' O a d N ti C O 10 X d C C N U N d N L C UI 1 N q J N 10 T ! d B iL Y 8� 9-.Idl _ n. 7. a E EE p_ : iI i`a'iO fit d a Bd 2tl' 4L-0R,,.$� Q .,{ P Ff o4 Bj ij. n y a d ii I i qE pia < t 1.0 f a, X ps 9 p 9:sa. 7e� r, 38 I rz � '10 G, f7i .z f :n�.cEEEE b. a t 81 pd 3$ai 3E'6 zz = Z wt G d � v J x J .tom' <d &� _ .•.. �, Ea a at y 5 fl: si 3 I f / tl F�y4 - XC Y a ,r s n P L s G� a a a 7T•[Y VJ O E .. :.E.s X34 se C 10 a tl o CL 0 a O guyasuta seventh street Ilc annexation request III. Annexation Statement STATUTORY ANNEXATION CRITERIA 31-12-104 Eligibility 1. That not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the annexing municipality. Contiguity is not affected by the existence of a platted street or alley, a public or private right-of-way area, public lands (except county-owned open space), or lake, reservoir, stream, or other natural or man-made waterway between the annexing municipality and the land proposed to be annexed. Subject to the requirements of CRS 31-12-105, contiguity may be established by the annexation of one or more parcels in a series, which annexations may be completed simultaneously and considered together. RESPONSE: The property proposed for annexation meets this requirement. The perimeter of the area proposed for annexation which is contiguous with the City of Aspen municipal boundary is 41.35 percent, or 770.08 feet, of the total perimeter. 2. That a community of interest exists between the area proposed to be annexed and the annexing municipality; that such area is urban or will be urbanizing in the near future; and that said area is integrated with or is capable of being integrated with the annexing municipality. The fact that the area proposed to be annexed has the contiguity with the annexing municipality required by the above requirement shall be a basis for a finding of compliance with these requirements unless the governing body, upon the basis of competent evidence presented at the hearing, finds that at least two of the following are shown to exist: a. Less than fifty percent of the adult residents of the area propose to be annexed make use of part or all of the following types of facilities of the annexing municipality; recreational, civic, social, religious, industrial, or commercial; and less than twenty-five percent (25%) of said area's adult residents are employed in the annexing municipality. If there are no adult residents at the time of the hearing, this standard does not apply. b. One half or more of the land in the area proposed to be annexed (including streets) is agricultural, and the landowners of such agricultural land, under oath, express an intent to devote the land to such agricultural use for a period of not less than five years. c. It is not physically practicable to extend to the area proposed to be annexed those urban services which the annexing municipality provides in common to all of its citizens on the same terms and conditions as such services are made available to such citizens. This standard shall not apply to the extent that any portion of an area proposed to be annexed is provided or will within the reasonably near future be provided with any service by or through a quasi- municipal corporation. RESPONSE: The property proposed for annexation meets the contiguity requirement. The criteria above do not apply to the proposed annexation. 31-12-105 Limitations 1. Notwithstanding any provisions of this part 1 to the contrary, the following limitations shall apply to all annexations: a. In establishing the boundaries of any territory to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, shall be divided into separate parts or parcels without the bluegreen 04 february 2008 12 of 33 guyasuta seventh streetllc annexation request written consent of the landowners thereof unless such tracts or parcels are separated by a dedicated street, road, or other public way. b. In establishing the boundaries of any area proposed to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more (which, together with the buildings and improvements situated thereon has a valuation for assessment in excess of two hundred thousand dollars for ad valorem tax purposes for the year next preceding the annexation) shall be included under this part 1 without the written consent of the landowners unless such tract of land is situated entirely within the outer boundaries of the annexing municipality as they exist at the time of annexation. In the application of this paragraph (b), contiguity shall not be affected by a dedicated street, road, or other public way. c. No annexation pursuant to section 31-12-106 and no annexation petition or petition for an annexation election pursuant to section 31-12-107 shall be valid when annexation proceedings have been commenced for the annexation of part or all of such territory to another municipality, except in accordance with the provisions of section 31-12-114. For the purpose of this section, proceedings are commenced when the petition is filed with the clerk of the annexing municipality or when the resolution of intent is adopted by the governing body of the annexing municipality if action on the acceptance of such petition or on the resolution of intent by the setting of the hearing in accordance with section 31-12-108 is taken within ninety days after the said filings if an annexation procedure initiated by petition for annexation is then completed within the one hundred fifty days next following the effective date of the resolution accepting the petition and setting the hearing date and if an annexation procedure initiated by resolution of intent or by petition for an annexation election is prosecuted without unreasonable delay after the effective date of the resolution setting the hearing date. d. As to any annexation which will result in the detachment of area from any school district and the attachment of the same to another school district, no annexation pursuant to section 31-12-106 or annexation petition or petition for an annexation election pursuant to section 31- 12-107 is valid unless accompanied by a resolution of the board of directors of the school district to which such area will be attached approving such annexation. e. (I) Except as otherwise provided in this paragraph (e), no annexation may take place that would have the effect of extending a municipal boundary more than three miles in any direction from any point of such municipal boundary in any one year. Within said three-mile area, the contiguity required by section 31-12-104 (1) (a) may be achieved by annexing a platted street or alley, a public or private right-of-way, a public or private transportation right- of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway. Prior to completion of any annexation within the three-mile area, the municipality shall have in place a plan for that area that generally describes the proposed location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the municipality and the proposed land uses for the area. Such plan shall be updated at least once annually. Such three-mile limit may be exceeded if such limit would have the effect of dividing a parcel of property held in identical ownership if at least fifty percent of the property is within the three- mile limit. In such event, the entire property held in identical ownership may be annexed in any one year without regard to such mileage limitation. Such three-mile limit may also be exceeded for the annexation of an enterprise zone. (II) Prior to completion of an annexation in which the contiguity required by section 31-12-104 (1) (a) is achieved pursuant to subparagraph (I) of this paragraph (e), the municipality shall annex any of the following parcels that abut a platted street or alley, a public or private right- of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway, where the parcel satisfies all of the eligibility requirements bluegreen 04 february 2008 13 of 33 guyasuta seventh street Ilc annexation request pursuant to section 31-12-104 and for which an annexation petition has been received by the municipality no later than forty-five days prior to the date of the hearing set pursuant to section 31-12-108 (1): (a) Any parcel of property that has an individual schedule number for county tax filing purposes upon the petition of the owner of such parcel; (b) Any subdivision that consists of only one subdivision filing upon the petition of the requisite number of property owners within the subdivision as determined pursuant to section 31-12-107; and (c) Any subdivision filing within a subdivision that consists of more than one subdivision filing upon the petition of the requisite number of property owners within the subdivision filing as determined pursuant to section 31-12-107. (e.1) The parcels described in subparagraph (II) of paragraph (e) of this subsection (1) shall be annexed under the same or substantially similar terms and conditions and considered at the same hearing and in the same impact report as the initial annexation in which the contiguity required by section 31-12-104 (1) (a) is achieved by annexing a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway. Impacts of the annexation upon the parcels described in subparagraph (II) of paragraph (e) of this subsection (1) that abut such platted street or alley, public or private right-of-way, public or private transportation right-of-way or area, or lake, reservoir, stream, or other natural or artificial waterway shall be considered in the impact report required by section 31-12-108.5. As part of the same hearing, the municipality shall consider and decide upon any petition for annexation of any parcel of property having an individual schedule number for county tax filing purposes, which petition was received not later than forty-five days prior to the hearing date, where the parcel abuts any parcel described in subparagraph (II) of paragraph (e) of this subsection (1) and where the parcel otherwise satisfies all of the eligibility requirements of section 31-12-104. (e.3) In connection with any annexation in which the contiguity required by section 31-12-104 (1) (a) is achieved by annexing a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway, upon the latter of ninety days prior to the date of the hearing set pursuant to section 31-12-108 or upon the filing of the annexation petition, the municipality shall provide, by regular mail to the owner of any abutting parcel as reflected in the records of the county assessor, written notice of the annexation and of the landowner's right to petition for annexation pursuant to section 31-12-107. Inadvertent failure to provide such notice shall neither create a cause of action in favor of any landowner nor invalidate any annexation proceeding. (f) In establishing the boundaries of any area proposed to be annexed, if a portion of a platted street or alley is annexed, the entire width of said street or alley shall be included within the area annexed. (g) Notwithstanding the provisions of paragraph (f) of this subsection (1), a municipality shall not deny reasonable access to landowners, owner of an easement, or the owner of a franchise adjoining a platted street or alley which has been annexed by the municipality but is not bounded on both sides by the municipality. (h) The execution by any municipality of a power of attorney for real estate located within an unincorporated area shall not be construed to comply with the election provisions of this article for purposes of annexing such unincorporated area. Such annexation shall be valid only upon compliance with the procedures set forth in this article. bluegreen 04 february 2008 14 of 33 guyasuta seventh street Ilc annexation request RESPONSE: None of the limitations described above are applicable to this annexation request. LOCAL ANNEXATION CRITERIA AACP Compliance Annexation requests should be reviewed for compliance with the Aspen Area Community Plan (AACP). Annexation of certain lands could facilitate accomplishment of the plan's goals, objectives, or specific action items. Newly annexed properties should be assigned zoning supporting public policy directives of the AACP. RESPONSE: The Future Land Use Composite Map indicates that the property should be a residential land use. The property is also located within the Urban Growth Boundary. The city zone district that would best support the AACP's policy directives for the residential land use designation is the R-15 district. The Transportation Improvements Map envisions the portion of Seventh Street immediately adjacent to the property(between Hopkins Avenue and Main Street) to be closed as a part of the Entrance to Aspen Improvements. The proposed annexation meets the goals and objectives of the AACP's "Managing Growth" chapter in that it contains growth—an existing residence and its potential redevelopment— within the Urban Growth Boundary. The property is served by existing infrastructure, including city water and district sanitary sewer. The "Transportation"chapter contains goals and objectives for encouraging the use of transit, pedestrian and bicycle modes. The proposed annexation area supports this goal because it is located a block from Main Street, the City's primary transit corridor, and immediately adjacent to the Hopkins Avenue bike and pedestrian route. The dedication to the City of the portion of the property contained within the Seventh Street right-of-way will allow the extension of a sidewalk from Hopkins Avenue and Main Street. The additional area contributed to the Seventh Street right-of-way may also present opportunities to the City for improving the Hopkins Avenue bikeway. Action items 75, 77 and 78 will be addressed with this land contribution. The AACP's "Housing"chapter promotes the development of housing to occur within the Urban Growth Boundary and to reinforce good city form. The proposed annexation supports this goal. The property looks and feels like it is already within the city's limits. It is located on the edge of the city's traditional pattern of blocks and lots. Any redevelopment of the property will comply with the Residential Design Guidelines, further supporting the intent of this goal. Urban Growth Boundary (UGB) The City of Aspen and Pitkin County jointly approved Aspen's Urban Growth Boundary via adoption of the 2000 AACP. The UGB identifies the land surrounding Aspen as either appropriate for urban development (within the UGB) or inappropriate for urban development (outside the UGB). Land within the UGB is expected to become part of the city's urbanized area and should be considered appropriate for annexation. Land outside the UGB should only be annexed as a method of preserving the non-urban character of lands surrounding Aspen. The UGB does not necessarily need to be amended unless the land is intended for an urban level of development. Annexation of land outside the UGB, in fact, may serve a significant public purpose. RESPONSE: The property contemplated for annexation is located within the Urban Growth Boundary, is already urbanized and should be considered appropriate for annexation. bluegreen 04 february 2008 15 of 33 guyasuta seventh street Ilc annexation request Significant Annexations Changing the regulatory structure and jurisdiction of significant community facilities, large developments, and large tracts of vacant land present considerable potential for community change. These annexation proposals should involve discussion between the Aspen City Council and the Pitkin County Board of County Commissioners. A joint work session at which various land use issues are discussed can only benefit the City in it analysis of a significant annexation. For example: properties entitled by the County and annexed into the City can require complex administration of development rights, especially when amendments are requested. Discussing the primary elements of the land use review can simplify administration and provide benefit to the annexing landowner. Likewise, certain annexation proposals may present concerns to other governmental and quasi-governmental agencies with jurisdiction or other interest in the property. As necessary, formal referral comments or work session-format meetings can be held to identify these concerns. RESPONSE: The property contemplated for annexation is not considered a significant annexation, as defined above. Fiscal Impact Analysis The City should fully understand the financial implication of assuming additional lands upon each of its functions. The City Finance Department has modeled fiscal impacts of recent significant annexations and this information has been critical in determining the appropriateness of annexation. Certain capital improvements may be necessary as well as additional operation and service costs. These need to be balanced with additional special fund revenues that are gained. Pitkin County voters adopted a 2 percent countywide sales tax, including a provision distributing 47 percent of the tax proceeds to Pitkin County and 53 percent to the City of Aspen. At some point, the distribution of countywide sales tax may need to be reconsidered as more service responsibilities shift to the City. RESPONSE: Again, the property proposed for annexation is not considered significant and will not require a fiscal impact analysis as described above. Further, the property is already developed and is served by city water and district sanitary sewer. The property is located on Seventh Street and will not require additional infrastructure improvements that could cause a fiscal burden on the City. The City will benefit by the application of the Real Estate Transfer tax (RETT) on the property for all future transactions. The City will also benefit if the property is redeveloped as the various impact fees assessed at building permit issuance will be in effect. Development Rights/Zoning Development rights associated with a property in Pitkin County versus those if the property is annexed into the City of Aspen should be considered. Annexations are typically associated with a proposal to further develop the property. Traditionally, the City weighs an increase in development rights in relation to accomplishment towards community goals available through annexation. A complete understanding of a property's development potential, prior to annexation, should include a zoning build-out analysis considering regulatory limitations, such as growth management and impact fees, and regulatory incentives, such as the use of Transferable Development Rights. The public policy of such regulations and the impact of changing the regulatory structure upon the City should be considered. bluegreen 04 february 2008 16 of 33 guyasuta seventh street Ilc annexation request Zoning of newly annexed land should approximate development rights prior to annexation, unless a site-specific development plan is approved concurrent with annexation. The creation of non-conformities should be avoided, although custom legislation to address special interests can further complicate the City's regulatory environment. The City should encourage the legalization of"bandit units"through the City's Accessory Dwelling Unit provisions to ensure compliance with the health and safety standards of the Uniform Building Code. These units should be expected in older subdivisions surrounding Aspen. RESPONSE: The subject property is currently zoned R-15 in Pitkin County. The current development condition of the property is summarized below: General Information Name Lot of Adams Subdivision Zone District R-15 Moderate Density Residential Use Single-family residence Special Considerations Pre-Existing Lot(created prior to June 12, 1978)and located within the Urban Growth Boundary Dimensional Information Total Lot Area 33,945 sf Minimum Lot Size 15,000 sf Front Setback 30 ft Side Setback 10 ft(if lot size is less than 30,000 sf) Rear Setback 10 ft(if lot size is less than 30,000 sf) Principal Building Height 28 ft Accessory Building Height 20 it Lot for Floor Area 29,565 sf Floor Area Ratio .16 Gross Exemption 5,750 sf Existing Gross Floor Area 4,470 sf(per Building Permit application, dated July 1989) Potential Floor Area 8,467 sf Floor area exemptions allowed in the county include: • Crawl spaces if less than 516"height. • Subgrade space if no walkouts, no deeper than 20 feet and no more than a single story. • Garage up to 750 sf. Transferable development rights (TDRs) can be purchased to allow using these floor area exemptions. TDRs on the current market are available for$300,000 in 2,500-square foot increments. No special review is required for the use of TDRs. With the purchase and use of TDRs, the property's ultimate floor area could be 8,250sf. Pitkin County Transferable Development Rights Certain lands in the County within the City's annexation area are eligible for increased development rights through the extinguishment of transferable development rights (TDRs). Certain site specific approvals granted in Pitkin County may involve or require the use of TDRs. And, certain development may have already occurred by use of these TDRs necessitating acknowledgement of the realized increased development right. Until the City adopts a program for accepting Pitkin County Transferable development rights, each individual annexation request should include an analysis of TDR-contingent land use bluegreen 04 february 2008 17 of 33 guyasuta seventh street Ilc annexation request scenarios and, if necessary, an agreement should be reached describing the future use of Pitkin County TDRs within the newly annexed area. RESPONSE: The development potential described above identifies the opportunity to use one or more TDRs if the property remains in the county. The proposed annexation request does not contemplate the use of Pitkin County TDRs once annexed into the city. Usefulness and appropriateness of each jurisdiction's regulations As Aspen City limits expand beyond the original townsite, the effects of environmental constraints and hazards on development increase. Pitkin County's 1041 regulations address development on steep slopes, in wildfire hazard areas, in rockfall and avalanche hazard areas, and within wildlife corridors. The City's Environmentally Sensitive Area review standards address flood hazard areas and development above the 8,040-foot elevation. The County's regulations primarily attempt to minimize land use intensity and minimize the infrastructure and operational effects of development. The City's land use code encourages the intense use of land and addresses urban development issues, such as architectural character. In transition areas, the City's PUD regulations should be used to establish an appropriate balance. Design standards for public improvements also reflect the rural and urban aspect of each jurisdiction. The appropriateness of each jurisdiction's development regulations and design standards should be considered in each annexation. The acceptance of substandard public improvements and potential public costs of upgrading those facilities should also be considered. The City may require certain facilities be upgraded prior to annexation. Alternatively, the City may require a cash payment to accommodate expected City capital improvement and operational expenses. The City currently has no experience administering remote backcountry and Forest Service lands. These lands could require significant changes to the City's emergency services. The public costs of annexing remote lands should be considered in relation to the public goals of such an action. Aspen recently adopted the Ski Area Base (SKI) Zone District to administer development at the base of ski areas. The zoning provides for a mixture of skiing, recreational, commercial, and tourist-oriented uses and requires adoption of a Planned Unit Development. This zoning was applied to Aspen Highlands Base Village and may be appropriate for the Buttermilk Ski Area base, upon annexation. RESPONSE: The area proposed for annexation is not affected by Pitkin County's 1041 regulations. It is located outside of steep slopes, wildfire hazard areas, rockfall and avalanche hazard areas and wildlife corridors. It is also not encumbered by the City regulated flood hazard areas or 8040-line development review. The property is immediately adjacent to the original townsite and its distinct block and lot form. Any redevelopment of the property, once annexed, will comply with City residential design standards ensuring the compatibility of its architectural character. The property is already served by city infrastructure provided within the Seventh Street and Hopkins Avenue rights-of-way and no upgrades are anticipated. Infrastructure and Ability to Serve Annexation reviews typically focus a great deal of fiscal analysis on the potential extension of urban services to annexed territories. Cost, capacity, and engineering issues related extension of the City's municipal water system to developing land on the urban fringe is a significant annexation issue. bluegreen 04 february 2008 18 of 33 guyasuta seventh street Ilc annexation request Currently, there are several small water districts serving residences located outside the City's boundaries but within the service area of the water system. These small districts may present a problem for the City as their capital facilities may not be providing acceptable standards of service. Upgrading is expensive, and may become the responsibility of the City following annexation. The County does not currently require new periphery development to join the City's municipal water system. However, these county development proposals must be reviewed by the City Council and found in compliance with the AACP in order to obtain City water service. In these cases, the City often requires compliance with City development regulations. Property owners developing a property eligible for annexation should consult the City's Community Development Department and consider annexation. RESPONSE: Again, the property proposed for annexation is already served by city municipal water and district sanitary sewer service. No extensions of service are being requested. Simplicity of City Boundary The City/County boundary has created confusion for citizens and staff responsible for enforcing public policy. A complex boundary can complicate emergency service provision and, in extreme cases, defeat efforts of City police officers. Annexations simplifying the boundary should be encouraged while those further complicating the division should be avoided. RESPONSE: The annexation of the proposed property will help eliminate the city/county boundary confusion that exists today along Seventh Street. As stated earlier, the subject property looks and feels like it is already a part of the city. An added benefit to the City, if this property is annexed, is the ability to annex similarly constrained properties in the future. The remaining county properties located immediately adjacent and to the west of this property also appear to be a part of the city and are already served by municipal services. bluegreen 04 february 2008 19 of 33 guyasuta seventh street Ilc annexation request IV. Development Rights Summary Pitkin County Current Conditions The subject property is currently zoned R-15 in Pitkin County. The intent of this designation is to provide areas for moderate density, single-family residential dwelling units with customary accessory uses. The minimum lot size is 15,000 square feet. This district designation can only be used on properties located adjacent to the City of Aspen. The lot area is 33,945 square feet. A lot line adjustment and minor plat amendment was approved in 2000 which transferred 4,380 square feet to the subject parcel from the adjoining Lot 2 of the Sanddunes Subdivision. A condition of this approval is that the additional lot area cannot be used to increase the allowable floor area of the subject parcel. This reduces the lot area for purposes of determining floor area to 29,565 square feet. Easements exist on the property and per county guidelines further reduce the lot area by 5,780 square feet. The lot size for purposes of calculating allowed floor area is 23,835 square feet. The two driveway easements provide access to three improved lots located to the west of the subject parcel. An approximately 2,940 square foot area located along the lot's eastern boundary, is the subject of a warranty deed. This deed was created to convey the land to Pitkin County in the event the County would initiate improvements to Seventh Street. The deed was recorded in 1988 but the land is still legally considered a part of the subject parcel. The applicant proposes to convey the warranty deed area to the City for similar purposes as a part of the annexation request. In 2003, the City annexed a portion of this area, along with Seventh Street and Hopkins Avenue, in the Seventh Street/Hopkins Avenue Corridor annexation. Since the Seventh Street corridor is now completely contained within the city limits, it is more appropriate that the warranty deed be conveyed to the City. The applicant requests that the area of the dedicated land still be included in the lot area for calculating floor area. The allowable floor area is 3,814 square feet. The current residence's floor area is approximately 4,470 square feet. The amount of floor area which exceeds that allowed is grandfathered in Pitkin County. The following chart summarizes the lot's current development conditions. Current Development Conditions Total Lot Area 33,945 sf Lot Area for Calculating Floor Area 23,835 sf Existing Floor Area 4,470 sf Allowed Floor Area 3,814 sf Grandfathered Floor Area 656 sf Pitkin County Development Rights The permitted uses under the County's R-15 zone district include: • Single-family residences • Customary accessory uses The minimum lot size of 15,000 square feet would allow the creation of two lots, combined with the GMQS process or the purchase of a Transferable Development Right (TDR). The County's R-15 zone designation includes a .16 floor area ratio, which as described above, sets a cap of 3,814 square feet. The district also includes a floor area exemption of up to 5,750 square feet. In addition to the grandfathered floor area described above, the applicant has the ability to construct up to 4,000 square feet of additional space through the use of a Transferable Development Right (TDR). A TDR provides up to 2,500 square feet of floor area. bluegreen 04 february 2008 20 of 33 guyasuta seventh street Ilc annexation request This would enable the construction of up to 8,467 square feet of floor area. More than one TDR may be used. The County's floor area calculation exemptions include: • Crawl spaces if less than 5'6"in height. • Subgrade space if no walkouts, no deeper than 20 feet and no more than a single story. • Garage space up to 750 square feet. City of Aspen Development Rights The permitted uses under the County's R-15 zone district include: • Detached residential dwelling. • Duplex residences. • Two detached residential dwellings. • Customary accessory uses. The minimum lot size of 15,000 square feet would allow the creation of two lots, combined with the GMQS process, or the creation of two single-family residences or a duplex residence on a single lot. The lot area for calculating floor area in the City is 29,565 square feet. The total floor area allowed in the City's R-15 zone district for a single family residence is 5,373 square feet, and for a duplex is 5,794 square feet. The City's floor area calculation exemptions are more restrictive in many ways compared to the County's exemptions and include: • Decks, balconies, stairways, gazebos (unless total area exceeds 15 percent of allowed floor area). • Porches and landscaped terraces. • Garage space up to 250 square feet, 251-500 square feet of space is discounted 50 percent. • Subgrade space if completely below grade, otherwise percent of exposed wall deducted from allowed floor area. • Linked pavilion if no more than one-story tall, 6-feet wide and 10-feet long. TDRs in increments of 250 square feet are available through the City's historic preservation program. One may be used per residence. Any potential remodel or redevelopment of the property would be required to comply with the city's residential design standards. The County does not include a design review of this level of depth and specificity. bluegreen 04 february 2008 21 of 33 guyasuta seventh street Ilc annexation request Summary A comparison of the County versus City development rights is summarized below. County v City Development Conditions County City Single Family City Duplex Total Lot Area 33,945 sf 33,945 sf 33,945 sf Lot Area for Calculating Floor Area 23,835 sf 29,565 sf 29,565 sf Allowed/Grandfathered Floor Area 4,470 sf 5,373 sf 5,794 sf Potential Floor Area (w/TDRs) 8,467 sf 5,624 sf 6,294 sf bluegreen 04 february 2008 22 of 33 guyasuta seventh street Ilc annexation request V. Initial Zoning A. Completed application form APPLICANT: Name: Guyasuta Seventh Street LLC Location: 201 South Seventh Street, Lot 3 Adams Subdivision Parcel ID#: 273512315003 REPRESENTATIVE: Name: Sheri Sanzone Location: Bluegreen, 300 South Spring St. Suite 202 Aspen, CO 81611 Phone #: 970-429-7499 PROJECT: Name: Guyasuta Seventh Street LLC Annexation Request Location: 201 South Seventh Street, Lot 3 Adams Subdivision Phone #: N/A TYPE OF APPLICATION lease check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt ❑ Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (&SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA-8040 Greenline, Stream, Margin, Hallam Lake Bluff, Mountain View Plane ❑ Lot Split ❑ Temporary Use ❑ Other: ❑ Lot Line Adjustment ® Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, usesprevious approvals, etc. Lot 3 of Adams Subdivision is located in both Pitkin County and the City of Aspen and is currently zoned County R-15 for moderate density residential areas. Lot is improved with a single-family residence and is served by municipal utilities. PROPOSAL: (description of proposed buildings, uses modifications etc. Request to be annexed completely within the City of Aspen and to establish city zoning under the R-15 district for moderate density residential areas. Have you attached the following? FEES DUE: 4 2.940.00 ® Pre-Application Conference Summary ® Attachment #1, Signed Fee Agreement N/A Response to Attachment #3, Dimensional Requirements Form ® Response to Attachment #4, Submittal Requirements-Including Written Responses to Review Standards All plans that are larger than 8.5"x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. bluegreen 04 february 2008 23 of 33 guyasuta seventh street llc annexation request CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY)and Guyasuta Seventh Street LLC(hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for annexation and zoning map amendment(hereinafter,THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57(Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs Involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT makes payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred.CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. S. Therefore,APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an Initial deposit In the amount of$2,940 which is for hours of Community Development staff time, and if actual recorded costs exceed the Initial deposit,APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of$245.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and In no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: By.: � G Jennifer Phelan B&Ee Weine T Community Development Deputy Director Guyasuta Seventh Stre LLC Date: Bill To: 139 Freeport Road, Suite 200 Pittsburgh PA 15215 (412) 782-0200 bluegreen 04 february 2008 24 of 33 guyasuta seventh street Ilc annexation request B. Pre-application conference summary CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 429-2754 DATE: 1/28/08 PROJECT: 201 S. 7�" Street REPRESENTATIVE: Sheri Sanzone, Bluegreen OWNER: Guyasuta Seventh Street LLC APPLICATION TYPE: Annexation DESCRIPTION: The owner of the property, currently located in Pitkin County, is considering annexing into the City of Aspen. Annexation is governed by Colorado Revised Statutes (CRS 31-12-102 et.seq.). An overview of the annexation process and an example petition for annexation can be found at: http://www.aspenpitkin.com/pdfs/depts/41/annex plan.pd It is important to note that a property's perimeter boundary must have a minimum amount of contiguity with the City's boundary to be able to annex and that the subject property is urban or is urbanizing and is capable of being integrated and serviced (utilities, etc.) by the City. The applicant may wish to schedule a development review committee meeting to understand if any improvements would be required of the property as part of an annexation agreement prior to submitting a petition for application. If the Applicant is not securing any development approvals in conjunction with the annexation (other than zoning of the property) it will be important to include a summary in the annexation proposal on the existing development potential of the subject property within the County compared to the development potential within the City. Once an annexation petition is filed with the City Clerk, the City (through the City Attorney's office) initiates the annexation process as outlined in the City's Annexation Plan. As part of the annexation process, the City concurrently initiates zoning of the property to a City zone district. Land Use Code Section(s) 26.304 Common Development Review Procedures (as applicable) 26.310 Amendments to Text and Zone District Map CRS 31-12-102 et.seq. (The City follows Colorado Revised Statutes with annexation) Review By: - Staff for complete application - Referral agencies for technical considerations - City Council for the annexation process - Planning and Zoning Commission for a recommendation on the zone district designation of the property to City Council Public Hearing: Yes at City Council and P &Z Planning Fees: $2,940 Deposit for 12 hours of staff time (additional staff time required is billed at $245 per hour) associated with applicant initiated zoning of subject property Total Deposit: $2,940.00 Total Number of Application Copies: 4 copies of petition and map (state requirement) 20 copies of zoning (Map Amendment) application bluegreen 04 february 2008 25 of 33 guyasuta seventh street Ilc annexation request To apply, submit the following Information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages,judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application (as applicable) and Annexation Petition. 5. Signed fee agreement (if applicable - there is no fee associated with submitting a petition for annexation and if staff initiates the zoning of the property; however, if the applicant submits the request for zoning the fee is $2,940.00). 6. Pre-application Conference Summary. 7. An 8 1/2"x 11"vicinity map locating the subject parcel within the City of Aspen. 8. Proof of ownership. 9. An annexation plat. 10. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 11. All other materials required pursuant to the specific submittal requirements. 12. A site improvement survey that includes all existing natural and man-made site features. 13. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right: bluegreen 04 february 2008 26 of 33 guyasuta seventh street Ilc annexation request C. General statement on zoning request/vicinity map The applicant proposes an initial zoning of the property, once annexed into the City of Aspen, of R-15— moderate density residential. A zone designation of R-15 is the most appropriate zone district because the surrounding neighborhood is currently zoned County and City R-15 and City AH-PUD, and the property conforms to the dimensional requirements of the City's R- 15 zone district. The vicinity map below identifies the subject parcel and illustrates the neighboring zone districts. °qQ c Q o,OQS7 1? D G I 1 f `C` 1 South - n I�R6 Street 11 614Wa Vel city of aspen zoning/vicinity map The intent of the R-15 zone district is to provide areas for long-term residential purposes with customary accessory uses. Lands in the R-15 zone district typically consist of additions to the city town site. This zone district designation was applied to the 2000 annexation of the Sanddunes LP parcel, located immediately adjacent to the subject property. In approving this previous annexation and recommended zoning, the City found that R-15 zone designation was the most compatible classification for the neighborhood and the transition from the city town site to Pitkin County. The proposed zoning map, included at the end of this section, illustrates the applicant's request for the R-15 zone designation. The responses to the following review criteria support this request. Section 26.310.040 Review Standards A. Whether the proposed amendment is in conflict with any applicable portions of this Title. RESPONSE: The proposed zone designation of R-15 is not in conflict with any applicable portions of the Land Use Code. The zone designation is the most appropriate for the property in that the intent is to provide areas for long-term residential purposes and customary accessory uses. The property is located immediately adjacent to city R-15 zoned properties, and is located directly across the street from properties zoned and developed for the more intensive purposes of AH-PUD. This request does not represent new land use policy or a change in policy for the City of Aspen. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. bluegreen 04 february 2008 27 of 33 guyasuta seventh street Ilc annexation request RESPONSE: The proposed amendment supports all elements of the Aspen Area Community Plan(AACP), and in particular, the future land use, growth management, transportation and housing elements. The Future Land Use Composite Map indicates that the property should be a residential land use. The property is also located within the Urban Growth Boundary. The city zone district that would best support the AACP's policy directives for the residential land use designation is the R-15 district. The Transportation Improvements Map envisions the portion of Seventh Street immediately adjacent to the property (between Hopkins Avenue and Main Street) to be closed as a part of the Entrance to Aspen Improvements. The proposed annexation meets the goals and objectives of the AACP s "Managing Growth" chapter in that it contains growth—an existing residence and its potential redevelopment— within the Urban Growth Boundary. The property is served by existing infrastructure, including city water and district sanitary sewer. The "Transportation"chapter contains goals and objectives for encouraging the use of transit, pedestrian and bicycle modes. The proposed annexation area supports this goal because it is located a block from Main Street, the city's primary transit corridor, and immediately adjacent to the Hopkins Avenue bike and pedestrian route. The contribution to the city of the portion of the property contained within the Seventh Street right-of-way will allow the extension of a sidewalk from Hopkins Avenue and Main Street. The additional area contributed to the Seventh Street right-of-way may also present opportunities to the city for improving the Hopkins Avenue bikeway. Action items 75, 77 and 78 will be addressed with this land contribution. The applicant is committed to working with the city engineering and parks department staff to maximize the opportunities presented by this land dedication. The AACP's "Housing"chapter promotes the development of housing to occur within the Urban Growth Boundary and to reinforce good city form. The proposed annexation supports this goal. The property looks and feels like it is already within the city's limits. It is located on the edge of the city's traditional pattern of blocks and lots. Any redevelopment of the property will comply with the Residential Design Guidelines, further supporting the intent of this goal. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. RESPONSE: The proposed zone designation increases the subject property's compatibility. The surrounding city zone districts are R-I5 or the more intensive AH-PUD designation. The surrounding city land uses include single-family residential, duplex residential and multi-family residential. The transition the proposed amendment would create to Pitkin County zone districts and land uses is identical to the transition created by the Sanddunes LP property located immediately next door on South Seventh Street. D. The effect of the proposed amendment on traffic generation and road safety. RESPONSE: The subject parcel has an existing driveway onto South Seventh Street. The property also includes a private access easement for a driveway servicing three developed properties located immediately to the west—Lots 1 and 2 of the Adams Subdivision and Lot 2 of Sanddunes LP. The proposed amendment will not increase traffic generated or decrease road safety. As a part of the request for annexation, the applicant is offering a land dedication and pedestrian improvements to the City of Aspen to greatly improve road safety. E. Whether and the extent to which the proposed amendment would result in demands on public facilities and whether and the extent to which the proposed amendment would exceed bluegreen 04 february 2008 28 of 33 guyasuta seventh street Ilc annexation request the capacity of such public facilities including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools and emergency medical facilities. RESPONSE: The subject property is developed with a single-family residence, and is already served by public facilities including municipal water and district sanitation utilities. The applicant is contemplating a remodel or reconstruction of the existing residence. No increase in demand for these services is anticipated. At the time of building permit processing all city fees, including school and parks mitigation, will be captured. An existing ditch crosses the property and will not be adversely affected by the proposed amendment. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. RESPONSE: If approved, the proposed amendment will not create adverse impacts on the natural environment. Although located within an area of potentially steep slopes as identified by Pitkin County the lot is very flat with slopes of less than 10 percent. The lot is located outside of any City regulated environmentally sensitive areas. The applicant will work with the Parks Department to review plans for any potential residential remodel or reconstruction to ensure compliance with the city's tree mitigation regulations. G. Whether the proposed amendment is consistent and compatible with the community character in the City. RESPONSE: The proposed amendment to the R-15 zone district ensures that the property is consistent and compatible with the City's community character. In its current condition, the subject property looks and feels like it is already located within the city limits. Following annexation, any remodel or reconstruction of the existing single-family residence will be required to be designed according to the City's residential design standards which will further enable consistency and compatibility. The R-15 zone district's intent is to provide areas for long-term residential purposes and has been used to amend neighboring properties as they were annexed into the City. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. RESPONSE: The applicant is proposing two actions in this request. The first is t0 annex the subject property into the City of Aspen. In 2000, the neighboring Sanddunes LP property was annexed into the city limits. In a meeting regarding this application, the City Attorney expressed an interest in creating the ability for the remaining Pitkin County properties located in this area to be annexed into the City. The successful annexation of this property will create the required boundary contiguity to allow the remaining properties to be considered for annexation. Establishing an initial zoning is required as a part of an annexation. The recent successful annexation of the neighboring Sanddunes LP property was designated R-15. The properties immediately surrounding the subject parcel are zoned County and City R-15, both moderate density residential, and AH PUD, a higher density district intended for affordable housing. I. Whether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent of this Title. RESPONSE: The applicant does not believe that the proposed amendment will be in conflict with the public interest or the purpose and intent of the City's Land Use Code. The proposed amendment is required by Colorado statute to occur in concert with the proposed annexation. The proposed R-I5 zone designation will ensure the compatibility of the property with its bluegreen 04 february 2008 29 of 33 guyasuta seventh street Ilc annexation request surrounding neighborhood. The amendment will also be consistent with the action taken by the city in the recent Sanddunes LP annexation and initial zoning. Elements of the AACP will be met with the proposed amendment, and in particular, the future land use, growth, housing and transportation elements. bluegreen 04 february 2008 30 of 33 � rn c4sr \/^\, \ ` - - , cjtzax Iss CD . . . . . m ! ! - ! $ - . \ . i i K L , • x%xx - R m » a / , zmrjf | 2 ©r 7 ƒ \ I . ) ., . |■2� 7` ; � - � `§!��! § � �k \ _ ! � ■�k| | §' . ; - � .04040404 [ ' 3 , ) M in M � p M C O m X d C C m V M yW C y t C d 1 d Y J N m J cG O O N { w�e•r ir�r w�.rt 1 °k t O } � �.,...,YN, ...o... ..w�.;.��.. ....._� 4aW4S 44UBABS � J ' a � o i 133 lg a / N w. N N O N z D�CF N 0 v _ � N N j v Ulu Ck / C u Iv N N 11 � � I CL m E rn c c 0 N V Ul N O d O a 0 guyasuta seventh street Ilc annexation request F. Compact disc containing digital files (one disc attached) bluegreen 04 february 2008 33 of 33 Guyasuta Seventh Street LLC Annexation Request Prepared for: Guyasuta Seventh Street LLC Prepared by: Bluegreen October 24 2008 4 I guyasuta seventh street Ilc annexation request table of contents I. introduction page 2 a. annexation request b. authorization letter c. operating agreement II. petition page 13 a. completed petition b. property legal description/proof of ownership—attachment a c. affidavit of circulator d. proposed annexation map (four (4) full-size copies attached) III. annexation statement page 21 a. description of how request meets the statutory and local criteria b. proposed land dedication map (ten (10) full-size copies attached) IV. development rights summary page 30 a. description of entitlements granted by Pitkin County to be maintained after annexation V. initial zoning page 33 a. completed application form b. pre-application conference summary c. general statement on zoning request/vicinity map and other graphics d. proposed zoning map (twenty (20) full-size copies attached) e. improvement survey (one (1) full-size copy attached) f. compact disc containing digital files (one disc attached) bluegreen 04 february 2008 revised 24 october 2008 1 of 44 i guyasuta seventh street Ilc annexation request I. Introduction A. Annexation Request This application contains a request for two actions: • Annexation of the subject property, located at 201 South Seventh Street, into the City of Aspen—a portion of the property was previously annexed into city in 2003, and • Establishment of the newly annexed property's initial zoning as R-15—moderate density residential. The subject property, also known as Lot 3 of the Adams Subdivision, is currently zoned R- 15—moderate density residential—in Pitkin County. The lot is 33,945 square feet in size and was created before June 12, 1978, pre-dating Pitkin County's subdivision regulations. The minimum lot size for the R-15 zone district is 15,000 square feet. The lot's current land use is residential and it is improved with a single-family residence. The applicant has met with the City Attorney and city planning, engineering and parks staff, as well as Pitkin County planning and zoning staff, to understand the benefits and constraints of this annexation request. The benefits to the applicant include: • Providing design flexibility under the city's land use code. • Legally being contained within the City of Aspen, rather than just appearing to be within the town limits by proximity and existing municipal utility services. • Clearing up a confusing title issue. The benefits to the city include: • Ensuring neighborhood compatibility and community character through the city's land use code, including residential design standards. • Simplifying the city boundary to improve emergency service response. • Enabling the remaining portions of the Shadow Mountain neighborhood to become a part of the city through future annexation. • Capturing additional real estate transfer taxes without the need to extend city services or infrastructure. • Clearing up a confusing title issue. • Creating pedestrian and bicycle improvements on Seventh Street to complete an important missing link of the Hopkins Avenue Bikeway and city sidewalk network through a land dedication and new sidewalk and curb and gutter. • Enabling future street and drainage improvements through a land dedication. bluegreen 04 february 2008 revised 24 october 2008 2 of 44 guyasuta seventh street Ilc annexation request B. Authorization Letter 04 February 2008 Bruce Weiner . Guyasuta Seventh Street LLC 139 Freeport Road, Suite 200 Pittsburgh, PA 15215 RE: Annexation Request Authorization Dear Bruce: - This letter serves to authorize Bluegreen to act on your behalf to prepare, submit and process a request for annexation of your property Into the City of Aspen, Colorado. The property to be annexed is located at 201 South Seventh Street in Pitkin County, Colorado. The property Is legally described as Lot 3 of the Adams Subdivision. If there are any questions regarding this authorization, you can be reached at (412) 782-0200. _ Sincerely, Sheri Sanzone, AICP/ASLA/LeedAP - Accepted by: Bru Weine date G yasuta S venth SXet LLC bluegreen 04 february 2008 revised 24 October 2008 3 of 44 guyasuta seventh street Ilc annexation request C. Operating Agreement OPERATING AGREEMENT OF C,UYASUTA SEVENTH STREF.T.f f.0 THIS OPERATING AGRP.EMSNT OF GUYSUTA SEVENTH STREET,LLC(die "Agreement") is dated as of the 29th day of December, 2007, by and between Oayasula Sevendr Street,LLC,a Colorado limited liability company(the "Company"),and Guyasuta Development Company, a Pconsylvania limited partnership, as the sole member of the Company(hueinaftcr mfhrod to as the"Member`). RECITALS WHEREAS, the Member and tho Company desire to set forth in this Agreement certain matters relating to the management Paid control of the Company and to set r*rth the basis upon which future members may be admitted to the Company. NOW THGRUORF In M"lidmution of the mutual covenants herein contained,and - other valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Article I Intent ofth*Parties 1.1 Rntity Ittar*aarded for Tax Purposes. It is the specific intent of the parties to this Agreement to form a limited liability company that is to be heated as a disrcgatdod entity until additional members,if any,gain membership and then the intent i3 that the entity be classified as a partm:isdap for federal income tax purposes. Article if OO aniUmflonalMattera 21 Priudani Office and Mailing Address. The initial principal office of the Company is located at J39 Freeport Road,Suite 200,Pittsburgh,PA 15215.The Company toy have such other offices,either within or outside,the Slate of Colorado as dre manbers may destgpam or as the business of the Company may require. The mailing address of the Company is 139 Freeport Road,Suit*200,Pittsburgh,PA 15215. 2,2 Registered Agent sod Reaistered Offce. The initial registered agent of dro Company as required by the Act to be maintained in rhe State of Cotomdo is Michael Shook, 1685 Graceland Drive,Carbondale,CO 81623. The registered agent may be changed from time to time by the members. bluegreen 04 february 2008 revised 24 october 2008 4 of 44 guyasuta seventh street llc annexation request 23 Nama.The name of the Company shall he Quyasuta Seventh Street, M.C.The Company's business may be conducted under any other_name or names deemed advisable by the members. Article W Purges 3.1 Purer and Business. The Company Is formed for the object and prposo of engaging in say lawful act or activity for which limited liability companies may be formed under the AU. .2 Powers 'rhe Company is empowered to do any and all acts and things necessary, appropriatq proper, advisable, incidental to or convenient far the fardicrancc and accomplishment of the pmposcs and business described hmcin and for the protection and benefit of the Company. Article IV Do ration of the Company 4.1 Duration.Bruce B.Wei=forted the Company by filing articles of organization on December 28, 2007 (the "P,ffxtive Date") with the Colorado Secretary of State. The period of duration of the Company commenced on the Effective Dale and shall continue until ' terminated pursuant to Section 16 of this Agreement. - Article V Allocation of Profits and Lowes 5.1 Allocation of Prnfils and Loeser. In any year in which there shall be only one mmiber,the Company and that member intend that the Company shall not have any standing to be treated as a partnership for United States federal income tax purposes but,rather, the Company shall be disregarded as a separate taxable entity and the sole member shall treat all of the profits and losses of the Company for federal inconro tax purposes as income and loss , of the member directly.In such cast,mad as the case may be,the member shall include such profit and loss on such member's tax return. In tiny year in which there is more than one member,oil items of profit and loss dull be allocated among the members In proportion to their respective membership interests In the Company. For any membership interest not . owned for an entire fiscal year, any such allocations shall be paneled for the time such membership interest was owned during that fiscal year. 5.2.Allocation of Items for Federal income Tax Purposes.Subject to Section 5.1 about,to the extent permitted by law,oil items of Company humble income,gain,loss,credit . and'deduction recognized or allowable for Federal income tax purposes shall be allocow and credited or charged to the members in the same manner as the revenues, income,receipts, costs or expenses giving rise to such item of taxable income,gain,loss,credit,or deduction 2 bluegreen 04 february 2008 revised 24 october 2008 5 of 44 < 1 guyasuta seventh street tic annexation request are allocated and credited or charged.Any member allocated and charged a particular cost or expense shall be entitled to such deductions or credits as are attributable to such cost or expense in computing such members taxable income or tar liability to the exclusion of any other number.Upon the sale or o(hcr transfer of any asset of the Company,any recapture of depreciation deductions or other deductions previously taken shall be allocated to the member to whom such credit was originally allocate. - Article V Capital Contributions 6-1 Capital Contributions. When,if ever,there is more than one member,then the members shall agree as to the capital contribution required to become a member. 6.2 Capital Accounts. When, if ever, there is more than one member,a separate capital aocount shall be maintained for each member to which shall be maintained in accordance with applicable Treasury Regulations, including but not limited to the requirements of Treasury Regulation Scrfion 1.704,and each such capital account shall be credited for each such member(i)its capital contribution and(ii)its share of all Company revenues as allocated to it under this Agrvoment,and shall be debited with(iii)its share of A costs,expenses,and losses of the Company as allocated to it under this Agreement and(iv) the amount of any distributions made to it_ Article VII Management 7.1 Rapresentative Manaeer" , The Company will be managed by a Manager or Manugcrs as appointed by a majority vote of the MembexsAbe initial Manager shall be Bruce B. Weiner. The voting members of the Company,by majority site can appoint additional managers at any time. . 7.2 Time Devote to Business. Managers will devote only the amount of time to the Company's activities as is reasonably necessary to discharge the managers'responsibilities. 73 Pmverx and Authority. (a) General Soopq. The Manager shall have full power,authority and discrctionto manage and direct the Company's business,affairs and properties,including, without limiluGon,the bpwific powers torerral to in Article 3.3(b). (b) Specific i'ossrers. (1). The Managers arc authorized on the Companys behalf to make all decisions as to(i)the dcvelopmrut,We,loasc or other disposition of the CompWs assets;(ii)the purchase or other acquisition of other assets of all idnds;(lit')the mauagemcnt of all or any part of the Company's assets and business;(iv)the borrowing of money and the 3 bluegreen 04 february 2008 revised 24 October 2008 6 of 44 • guyasuta seventh street Ilc annexation request granting of security interests in the Company's assets(including loans from Members or Affiliates);(v)the prepayment,refinancing or extension of any mortgage affecting the Company's assets;(vi)the compromise or release of any of the Company's claims or debts; (vii)the employment of Persons for the operation and management of the Company's business;and(vin)ell elections available to the Company muter any federal or state tax law or regulation. (2) Each Manager on the Company's behalf may excartc and deliver(i)all contracts,conveyances,assignments,!casts,subleases,franchise agreements, lioeosing agreements,management contracts and maintenance contracts covering or affecting the Compauy's assets;(ii)all checks,drafts and other orders for the payment of the Company's funds;(iii)all promissory notes,mortgages,deeds of trust,security agreement . and other similar documents;(iv)all articles,certificates and reports pertaining to the Company's organization,qualification aid dissolution;(v)all tax returns and reports;and(vt) all other instruments of any kind or character relating to the Company's affsira. . (c) pflentlgII. (1) The Managers may delegate the right,power and authority to manage the day-to-day business,affairs,operations and activities of the Company to nay officer,employee or agent of the Company,subject to the ultimate direction,control or supervision of the Managers. If the Managers appoint an officer of the Company with a title that is commonly used for officers of a business corporation,the assignment of such title shall - constitute the delegation of the authority and duties normally associated with that office, subject to any spec delegation of authority and dories made by the Managers. Any number of offices may be held by the same person. Any delegation hereunder shall be revocable at the sole discretion of the Managers. 7A Manner of Acting (a) General. A Manager may act with tcspcct to any matter within the scope of his or her authority if there is one Manager or if there is morn than one Manager at a meeting of Managers or pursuant to formal or informal procedures adopted at a meeting of Managers.Procedures that may be adopted at a meeting of Managers inetude,without limitation,the establishment of dates and times for regular meetings,procedures pursuant to which the Managers may appmvc a matter without a meeting and the delegation of duties and responsibilities with respect to which the dclegatc may act without approval or ratification by the other Managers. (b) Meetings. If[hire is acre than ore Manager: (1) Rdebt to Call. Any hianagcr may call a mcctina of Managers by giving written noficc to all Managers not less than but(10)nor more than sixty(60)days prior to the data of the matting. The notice must specify the date of the meeting and the nature of any business to be transacted. A Manager may wadve notice of a meeting of Managers orally, 4 bluegreen 04 february 2008 revised 24 october 2008 7 of 44 guyasuta seventh street Ilc annexation request in writing or by satcndarecc of the mating. (2) Proxy Votin¢. A Manager may act at a meeting of Managers through another Monger authorized by signed proxy. (c) Written Consent The Managers may W without a meeting by written. consent describing the action and signed by Managers whose voting power is at least equal to the minimum that would be necessary to take the action at a mesthtg at which all Managers ween present. . (d) Required Approval. The Managers unanimous approved is required for any matter arising.viithin the scope of their authority,subject to any procedures adopted at a meeting of Managers pursuant to Section 3.4(a). (c) panic' t{ya ion by Non-Nanhar Mana¢ers. The fact that a Manager is not also a Member in no way limits the Monaget's right to vote on any matter properly within the scope of the Managers'authority under this Agreement. 7.5 Aggncv Prover and Authority. A Mattagcrapparently acting for the Company in the usual course of its business has the power to bind the Ccenpany and no person has an obligation to inquire into the Manager's actual authority to act on the Company's behalf. However,if a Manages ects outside the scope of the Manager's actual authority,the Manager will indemnify the Company for any costs m damages it laterite as a result of the unauthorized act 7.6 FidduciawNtics. (a) Standard ofCarc. (1) Liability for Wrong nl Acts. A Manager is liable to and will indemnify the Company for all costs,expenses or damages attributable to an act or omission that constitutes a material breach of this Agreement,gross negligence,willful misconduct or a violation of law. (2) Justifiable Reliance. A Manager may rely on the Company's records maintained in good faith and on information,opinions,reports or statements received from any person pertaining to matters the Manager reasonably believes to be within the Person's expertise or a mpotencc. (b) Competing Activities. A Manger may participate in any business or activity without accounting m the Company or the Members. A Manager may not,ho%Tver, =apt a business opportunity for the Manager's own account that the Manager believes or has reason to believe the Company would accept if brought to its attention A Manager must disclose to the Cumpuny any business opportunity of which the Managa becomes aware. If the Company declines to accept the opportunity,tho Manager may pursue it for the Manager's own account If the Manager fails to disclose the opportunity,the Manger will account to 5 bluegreen 04 february 2008 revised 24 october 2008 8 of 44 guyasuta seventh street Ilc annexation request the Company for any income the Maogga•derives from the opportunity and will indemnify the Company for any loss the Company incurs as a result of the failure to disclose. (c) Self-Dealing. A Manager may enter into a business transaction with the Company if the tams of the transaction are no less favorable to the Company than those of a similar transaction with an independent third party. Approval or ratification by Members having no interest in the transaction constitutes conclusive:cvidcocc that the terms satisfy the foregoing condition. 7.7 Indemnifialion of Manaeers. The Company will indemnify each Manager for all expenses,losses,Liabilities and damages Oro Manager actually and reasonably looms in connection with the defense or settlement of any action arising out of or relating to the conduct of the ConppmWs activitles,except an action with respect to which the Manager is adjudged to be liable for breach of a fiduciary duty owed to the Company or the Members ander the Act or this Agreement. 7.8 Conmemsation. The Company may,with the approval of the Members, . compensate any Manager for services to or on behalf of the Company. The Company will reimburse each Manager for reasonable expenses properly incurred on the Company's behalf. 79 Tenurg (a) Term. A Manager will serve until the earlier of. (l)the Manages resignation;(2)the Manager's removal;(3)the Mavagefs Bankruptcy;(4)as to a Manager who is a natural person,the Managers death or adjudication of incompetency;and(5)as to a Manager that is an Entity,the Managers dissolution. (b) Resi nation. A Manager at any time may resign by written notice delivered to the Members at least thirty(30)days prior to the effoclivc date of the resignation. (c) emova: The voting members of the Company.may remove a Manager at any time upon a majority vote of the voting membership interests of the Company,with or without caow. (d) Vacan . If a Manager for any reason ceases to act,the voting members of the Company,by majority vote will promptly elect a sttoocssoy to serve until a successor is elected and qualified. S. Title to Company Property. All real and personal property shall be acquired in the name of the Company and title to aqv property so acquired shall vest in the Company itself rather than in the Manager or the Member. 9. Reimbursement of Member. The Member may be reimbursed for all expascs Incurred on behalf of the Company. . 6 bluegreen _ 04-february 2008 revised 24 October 2008 9 of 44 guyasuta seventh street Ilc annexation request 10. Distributions. Distributions shall be made to the Member(in cash or in kind) - at the times and in the aggregate amounts determined by the Manager and as permitted by applicable law. 11. I n . The Manager may make any tax elections far the Company allowed under the Intcmal Revenue Code of 1986,as amended,or the tax laws of any state or other jurisdiction having taxing jurisdiction over the Company. 12. AssienabilitvofMembershinlntereat Thecconamikintcrestofthc Mcmber in the Company is assignable,in whole or in part,either voluntarily or by operation of law. 13.- Admission of Additional Membera. Additional members of the Company may be admitted to the Company at the direction of the Manager. 1f a new operating agreement or an amcndmcm and restatmtent of this Agreement is not executed by the merchant in connection with the admission of the first additional member,this Agreement , shall terminate upon the date the fast additional member is admitted. 14. liability of the Member. The Member shall not have any liability for the debts,obligations or liabilities of etre Company or for the acts or omissions of any other member,manager,officer,agent or employee of the Company except to the extent provided in the Act. no failure of the Mcmbcr to observe any formalities or requirements relating to the exercise of the powers of the Member or the manugement of the businesq and affairs of the Company under this Agreement or the Act shall not be grounds for imposing liability ora the Member for liabilities of the Company. 15. Indemnification. The Company shall indemnify the Member and those authorized officers,agents and employees of the Company identified in writing by the Member as entitled to be indemnified render this suction for ail costs,losses,liabilities and damages paid or accrued by the Member(as the Member or as an officer,agent or employee) or any such officer,agent or employee in connection with the business of the Company, except to the extent prohibited by the laws of the Commonwealth of Pennsylvania In addition,the Company may advance costs of dclD=c of any pmmcding to the Member or any such officer,agent or employee upon receipt by the Company of an undertaking by or on behalf of such person to repay such amount if it shall ultimately be determined that the person is not entitled to be indemnified by the Company. 16. Dissolution. (a) The Company shall dissolve,and its affairs shall be wound up,uponihe first to occur of the following: (i)the written direction of the Member,or(id)the entry of a decree of judicial dissolution under Section 8972 of rite Act The death(or dissolution ih the case of a member that is not a natural personj retirement,insanity,resignation or bankruptey of the Member or the occurrence of any other event that terminates the continued membership of the Member shall not cause a dissolution of the Company. 7 bluegreen 04 february 2008 revised 24 october 2008 - 10 of 44 • guyasuta seventh street Ilc annexation request (b) Upon dissolution,the Company shall ceaso carrying an any and all business other than the winding up of the Company business,but the Company is not terminated and shall continue until the winding up of the affairs of the Company is completed and a certificate of dissolution has been filed pursuant to the Act. Upon the winding up ofthe Company,the Company's property shall be distributed()first to creditors,including the Member if the Member is a creditor,to the extent permitted by law,in satiafacdon of the Company's liabilities;and(ii)then to the Member. Such distributions shall be in cash or property or partly in both,as determined by the Member. 17. Conflict.of interest Nothing in this Agreement shall be construed to limit the right of the Member to enter into any transaction that may be considered to be competitive with,or a business opportunity that may be beneficial to,the Company- The Member does not violate a duty or obligation to the Company merely because the conduct of the Member furthers the interests of the Member. The Member may lend money to and transact otbcr business with the Company- The rights and obligations of the Member upon leading money to or transacting business with the Company are the same as those of a person who is not the Member,subject to other applicable law. No transaction with the Company shall be void or voidable solely because the Member has a ducct or indirect interest in the transaction. 18. Governing Law- This Agreement shall be governed by,and interpreted and enforced in accordance with,the subsmnthe laws of rhe Commonwealth of Pcrmsylvania, without reference to the conflicts of law rules of that or any other jurisdiction. 19. Entire Agreement. This Agreement constitutes the enfin;agreement of the Mcmberwith respect to the subject matter hereof and supersedes all prior agreements,express or implied,oral or written,with respect thereto- The express terms ofthis Agreement control _ and supersede any course of performance or usage of trade inconsistent with any of tho terms hereof. 20. Amendment. This Agreement may be amended or modified from time to time only by awrit ton instrument executed by the Member. 21. Rights of Creditors and Third Parties. This Agrecmmrtis entctod into by _ the Member solely to govern the operation of the Company. This Agreement is expressly not intended for the bc=M of any creditor of the Company or any otherperson other than the haus,personal representatives,successors and assigns of the Member. Except and only to the extent provided by applicable statute,no creditor or third party shall have any rights under this Agreement or any agreement between the Company and the Member,with respect to the subject matter hereof. 8 bluegreen 04 february 2008 revised 24 october 2008 11 of 44 guyasuta seventh street Ilc annexation request IN WITNESS WHEREOF,the undersigned,intending to be legally board,has adopted this Operating Agrocmrnt as of the date of filing the Certificate of Organization,to . be cffative for all purposes as of the filing of the Certificate of Organization. MEMBER: Guyasuta Development Company By: Airway Park,Ltd.,its general partner BnabeB.Weiner, "uat MANAGER: / B�wc )Winer 9 bluegreen 04 february 2008 revised 24 october2008 12 of 44 guyasuta seventh street Ilc annexation request II. Petition A. Completed Petition PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN PURSUANT to the Municipal Annexation Act of 1965 ("Act"), Part 1, Article 12, Title 31, Colorado Revised Statutes, 1973, as amended the undersigned (hereinafter referred to as the"Petitioner") hereby petition the Council of the City of Aspen, Colorado for the annexation of an area, to be referred to as the Guyasuta Seventh Street LLC Annexation to the City of Aspen. Said area, consisting of approximately 33,945 square feet (.78) acres and as Lot 3 of the Adams Subdivision, is more particularly described on Attachment"A,"attached hereto. IN SUPPORT OF THIS PETITION, the Petitioner alleges: 1. That it is desirable and necessary that such area be annexed to the City of Aspen, Colorado. 2. That the requirements of Sections 31-12-104 and 31-12-108, C.R.S., exist or have been met. 3. That not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the boundaries of the City of Aspen, Colorado. 4. That a community of interest exists between the area proposed to be annexed and the City of Aspen, Colorado. 5. That the area to be annexed is urban or will be urbanized in the near future. 6. That the area proposed to be annexed is integrated with or capable of being integrated with the City of Aspen, Colorado. 7. In establishing the boundaries of the territory to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate, has been divided into separate parts or parcels. 8. No annexation proceeding has commenced for the annexation to the municipality other than the City of Aspen, Colorado, of all or part of the area described above. 9. The annexation proposed in this petition will not result in the detachment of area from any school district and the attachment of the same area to another school district. 10. That the Petitioner herein comprises more than fifty percent (50%) of the landowners in the area and own more than fifty percent (50%) of the area to be annexed, excluding public streets, alleys and lands owned by the City of Aspen, Colorado. WHEREFORE, said Petitioners request that the Council of the City of Aspen approve the annexation of the area described on Attachment"A," legal description of the land. The Petitioners reserve the right to withdraw this petition and their signatures there from at any time prior to the commencement of the roll call of the City Council for the vote upon the bluegreen 04 february 2008 revised 24 october 2008 13 of 44 guyasuta seventh street Ilc annexation request second reading of the annexation ordinance. Individual Petitioners signing this Petition represent that they own the portion(s)of the area described on Attachment"A." rk IN WITNESS WHEREOF, I have executed this Petition for Annexation this day of February, 2008. P//ettitioner's/Owner' Signature 1J J C �. W ,r-- Petitioner's/Owner's rPetitioner's/Owner's Printed Name X39 FREPOT R0Ri'3 Address RITSbuk"; , PA isals City, State,Zip bluegreen 04 february 2008 revised 24 october 2008 14 of 44 guyasuta seventh street Ilc annexation request B. Legal Description of the Annexation/Proof of Ownership — attachment A CERTIFICATE OF OWNERSHIP Pitkin County Title,hic.,a duly licensed Title Jnsumacc Agent in the State of Colorado hcrcby certifies tlui: GUYASUTA SEVENTH STREET,LLC,A COLORADO L]MfITM LIABILITY COMPANY arc the owner's in fee simple of the following described property: LOT 3,ADAMS SUBDIVSION, according to the Plat thereof recorded May 14, 1973 in Plat Book 4 at Page 385. ADDRESS ACCORDING TO THE PITKIN COUNTY ASSESSORS OFFICE:201 South Seventh St,Aspen, CO 81611 ENCUMBRANCES: Deed of Trust from :GUYASUTA SEVENTH STREET,LLC,A COLORADO LIMITED LIABILITY COMPANY To the Public Trustee of the County of PITKIN For the use of :S&T BANK Original Amount. :$4,687,500.00 Dated :January 3,2D08 Recorded :January 3,2008 Recoptlon No. :645469 Assignment of Rents recorded In connection with the above Deed of Twit vms recorded January 3,2008 as Reception Ne_545470. This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. PITKIN COUNTY TITLE,INC. BY: authorized signature CERTIFIED TO:January 31,2008 at 8:00 A.M. Job No.2 t 786CO bluegreen 04 february 2008 revised 24 October 2008 15 of 44 guyasuta seventh street Ilc annexation request , Gfao maty fee SR25.00 WARRANTY DEED THIS DEED,made h=ry 3.2008. eo assn DANIEL J.h1ARTINFIAU and AMY N,S,MARTINEAU .dthe Coamy d .Stela of .GRANTOR AND GUYASt7TA SEVENTH STREET.LLC,A COLORADO UMrrED LIABILITY COMPA.YY.G EF wbaoto etrrmssis; 139wnEEP,ORr RDAo.$WTE2G0.P11TUMPiGN.PA 157-5 of the county d ,State of PA _ VATNESSETH,That Mead In conYdw don of the sum of ten ddtps Nd C's:r peed and VMJW* oorgIftnehn,the mooW and eulpclemyofwbidr Is hereby oeenoebdSwO,the PoM:has grmibm =10 the hmm and,andbg forever.Aft doesroast,barooaLa iInure unbU and Its DenaendheCw twof.Sat ULA realpR40.roastv Rteswith so salvbereer. LOT atuaro and Erhg ere bm7+S U Us CrJnab d,gab d(�L4iAD0,eefuDe9 N 1oiPeT. LOT 14 Me►tS 9t3DtL�6N,emr>rdnp-blas Pbtt ewldXW 1G.1 WS InPbt eoau atPaso:1. :aprCvawi'Jrthalpnfpery, es IN eothrn Sa9dts tine Tie-Deed MCpAVam 14 twesesto"PSon NO,43239& , . 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Affidavit of Circulator STATE OF PENNSYLVANIA COUNTY OF ALLEGHENY The undersigned, being first duty sworn upon his oath states: That he was the circulator of the attached Petition for Annexation and-that each signature therein is the signatur f the person whose name it purports to be. Circulator's Signa ure Subscribed and sworn to before me this�_day of February, 2008, by �Yvice �• Vii Ing✓ WITNESS my hand and official seal. ULCIA p Commission Notary Public COMMONWEALTH OF PENNSYLVANIA . Notarial Seal Mafoa�c xn-r,,•lo;ar,Pub4c Jeftersw= +......S.,cei County . My Cofnm'ssfon Expres Mar.4,2010 Member,Pennsylvania Associabon of NOWIft bluegreen 04 february 2008 revised 24 october2008 19 of 44 I guyasuta seventh street Ilc annexation request D. Proposed annexation map 1 n enl ANNEXATION PARCEL .ax x m w"I 1 1 u,u a i..ow.v1..r.n,xi. w" i[oeix:+wren Lax. ,.ir1 x.n ixu w.n.¢rnmo i mu_wr ar TI-1111Lawa. o..er nrtx oeruoen ar e.aueain mm�nuav�crvrw�nn 11 w' ' '— IT: a JINII- TF-iRT+T"� —I .1111ITITI w IT vecareu�xIt:New + r.x'E SEu ANNEXATION TABLE iICINITY MAF i.[i n1 dig a o;.lLjaa4 wTPv I oq u Q�n ,ya h ,ca .Y'^.J SiTLECI E , 6 �. �r..w.. nSeEu SURVEY I..ENGINEERS) INC. revised 24 october 2008 20 of 44 guyasuta seventh street Ilc annexation request III. Annexation Statement A. Description of how request meets the statutory and local criteria STATUTORY ANNEXATION CRITERIA 31-12-104 Eligibility 1. That not less than one-sixth of the perimeter of the area proposed tobe annexed is contiguous with the annexing municipality. Contiguity is not affected by the existence of a platted street or alley, a public or private right-of-way area, public lands (except county-owned open space), or lake, reservoir, stream, or other natural or man-made waterway between the annexing municipality and the land proposed to be annexed. Subject to the requirements of CRS 31-12-105, contiguity may be established by the annexation of one or more parcels in a series, which annexations may be completed simultaneously and considered together. RESPONSE: The property proposed for annexation meets this requirement. The perimeter of the area proposed for annexation which is contiguous with the City of Aspen municipal boundary is 41.35 percent, or 770.08 feet, of the total perimeter. 2. That a community of interest exists between the area proposed to be annexed and the annexing municipality; that such area is urban or will be urbanizing in the near future; and that said area is integrated with or is capable of being integrated with the annexing municipality. The fact that the area proposed to be annexed has the contiguity with the annexing municipality required by the above requirement shall be a basis for a finding of compliance with these requirements unless the governing body, upon the basis of competent evidence presented at the hearing, finds that at least two of the following are shown to exist: a. Less than fifty percent of the adult residents of the area propose to be annexed make use of part or all of the following types of facilities of the annexing municipality; recreational, civic, social, religious, industrial, or commercial; and less than twenty-five percent (25%) of said area's adult residents are employed in the annexing municipality. If there are no adult residents at the time of the hearing, this standard does not apply. b. One half or more of the land in the area proposed to be annexed (including streets) is agricultural, and the landowners•of such agricultural land, under oath, express an intent to devote the land to such agricultural use for a period of not less than five years. c. It is not physically practicable to extend to the area proposed to be annexed those urban services which the annexing municipality provides in common to all of its citizens on the same terms and conditions as such services are made available to such citizens. This standard shall not apply to the extent that any portion of an area proposed to be annexed is provided or will within the reasonably near future be provided with any service by or through a quasi- municipal corporation. RESPONSE: The property proposed for annexation meets the contiguity requirement. The criteria above do not apply to the proposed annexation. 31-12-105 Limitations 1. Notwithstanding any provisions of this part 1 to the contrary, the following limitations shall apply to all annexations: bluegreen . 04 february 2008 revised 24 october 2008 21 of 44 guyasuta seventh street Ilc annexation request a. In establishing the boundaries of any territory to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, shall be divided into separate parts or parcels without the written consent of the landowners thereof unless such tracts or parcels are separated by a dedicated street, road, or other public way. b. In establishing the boundaries of any area proposed to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more (which, together with the buildings and improvements situated thereon has a valuation for assessment in excess of two hundred thousand dollars for ad valorem tax purposes for the year next preceding the annexation) shall be included under this part 1 without the written consent of the landowners unless such tract of land is situated entirely within the outer boundaries of the annexing municipality as they exist at the time of annexation. In the application of this paragraph (b), contiguity shall not be affected by a dedicated street, road, or other public way. c. No annexation pursuant to section 31-12-106 and no annexation petition or petition for an annexation election pursuant to section 31-12-107 shall be valid when annexation proceedings have been commenced for the annexation of part or all of such territory to another municipality, except in accordance with the provisions of section 31-12-114. For the purpose of this section, proceedings are commenced when the petition is filed with the clerk of the annexing municipality or when the resolution of intent is adopted by the governing body of the annexing municipality if action on the acceptance of such petition or on the resolution of intent by the setting of the hearing in accordance with section 31-12-108 is taken within ninety days after the said filings if an annexation procedure initiated by petition for annexation is then completed within the one hundred fifty days next following the effective date of the resolution accepting the petition and setting the hearing date and if an annexation procedure initiated by resolution of intent or by petition for an annexation election is prosecuted without unreasonable delay after the effective date of the resolution setting the hearing date. d. As to any annexation which will result in the detachment of area from any school district and the attachment of the same to another school district, no annexation pursuant to section 31-12-106 or annexation petition or petition for an annexation election pursuant to section 31- 12-107 is valid unless accompanied by a resolution of the board of directors of the school district to which such area will be attached approving such annexation. e. (I) Except as otherwise provided in this paragraph (e), no annexation may take place that would have the effect of extending a municipal boundary more than three miles in any direction from any point of such municipal boundary in any one year. Within said three-mile area, the contiguity required by section 31-12-104 (1) (a) may be achieved by annexing a platted street or alley, a public or private right-of-way, a public or private transportation right- of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway. Prior to completion of any annexation within the three-mile area, the municipality shall have in place.a plan for that area that generally describes the proposed location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the municipality and the proposed land uses for the area. Such plan shall be updated at least once annually. Such three-mile limit may be exceeded if such limit would have the effect of dividing a parcel of property held in identical ownership if at least fifty percent of the property is within the three- mile limit. In such event, the entire property held in identical ownership may be annexed in any one year without regard to such mileage limitation. Such three-mile limit may also be exceeded for the annexation of an enterprise zone. (II) Prior to completion of an annexation in which the contiguity required by section 31-12-104 (1) (a) is achieved pursuant to subparagraph (I) of this paragraph (e), the municipality shall bluegreen 04 february 2008 revised 24 october 2008 22 of 44 guyasuta seventh street Ilc annexation request annex any of the following parcels that abut a platted street or alley, a public or private right- of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway, where the parcel satisfies all of the eligibility requirements pursuant to section 31-12-104.and for which an annexation petition has been received by the municipality no later than forty-five days prior to the date of the hearing set pursuant to section 31-12-108 (1): (a) Any parcel of property that has an individual schedule number for county tax filing purposes upon the petition of the owner of such parcel; (b) Any subdivision that consists of only one subdivision filing upon the petition of the requisite number of property owners within the subdivision as determined.pursuant to section 31-12-107; and (c) Any subdivision filing within a subdivision that consists of more than one subdivision filing upon the petition of the requisite number of property owners within the subdivision filing as determined pursuant to section 31-12-107. (e.1) The parcels described in subparagraph (II) of paragraph (e) of this subsection (1) shall be annexed under the same or substantially similar terms and conditions and considered at the same hearing and in the same impact report as the initial annexation in which the contiguity required by section 31-12-104 (1) (a) is achieved by annexing a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway. Impacts of the annexation upon the parcels described in subparagraph (II) of paragraph (e) of this subsection.(1) that abut such platted street or alley, public or private right-of-way, public or private transportation right-of-way,or area, or lake, reservoir, stream, or other natural or artificial waterway shall be considered in the impact report required by section 31-12-108.5. As part of the same hearing, the municipality shall consider and decide upon any petition for annexation of any parcel of property having an individual schedule number for county tax filing purposes, which petition was received not later than forty-five days prior to the hearing date, where the parcel abuts any parcel described in subparagraph (II) of paragraph (e) of this subsection (1) and where the parcel otherwise satisfies all of the eligibility requirements of section 31-12-104. (e.3) In connection with any annexation in which the contiguity required by section 31712-104 (1) (a) is achieved by annexing a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway, upon the latter of ninety days prior to the date of the hearing set pursuant to section 31-12-108 or upon the filing of the annexation petition, the municipality shall provide, by regular mail to the owner of any abutting parcel as reflected in the records of the county assessor, written notice of the annexation and of the landowner's .right to petition for annexation pursuant to section 31-12-107. Inadvertent failure to provide such notice shall neither create a cause of action in favor of any landowner nor invalidate any annexation proceeding. (f) In establishing the boundaries of any area proposed to be annexed, if a portion of a platted street or alley is annexed, the entire width of said street or alley shall be included within the area annexed. (g) Notwithstanding the provisions of paragraph (f) of this subsection (1), a municipality shall not deny reasonable access to landowners, owner of an easement, or the owner of a franchise adjoining a platted street or alley which has been annexed by the municipality but is not bounded on both sides by the municipality. (h) The execution by any municipality of a power of attorney for real estate located within an unincorporated area shall not be construed to comply with the election provisions of this bluegreen - 04 february 2008 revised 24 october 2008 23 of 44 guyasuta seventh street Ilc annexation request article for purposes of annexing such unincorporated area. Such annexation shall be valid only. upon compliance with the procedures set forth in this article. RESPONSE: None of the limitations described above are applicable to this annexation request. LOCAL ANNEXATION CRITERIA AACP Compliance Annexation requests should be reviewed for compliance with the Aspen Area Community Plan (AACP). Annexation of certain lands could facilitate accomplishment of the plan's goals, objectives, or specific action items. Newly annexed properties should be assigned zoning supporting public policy directives of the AACP. RESPONSE: The Future Land Use Composite Map indicates that the property should be a residential land use. The property is also located within the Urban Growth Boundary. The city zone district that would best support the AACP's policy directives for the residential land use designation is the R-15 district. The Transportation Improvements Map envisions the portion of Seventh Street immediately adjacent to the property (between Hopkins Avenue and Main Street) to be closed as a part of the Entrance to Aspen Improvements. The proposed annexation meets the goals and objectives of the AACP's "Managing Growth" chapter in that it contains growth—an existing residence and its potential redevelopment— within the Urban Growth Boundary. The property is served by existing infrastructure, including city water and district sanitary sewer. The "Transportation"chapter contains goals and objectives for encouraging the use of transit, pedestrian and bicycle modes. The proposed annexation area supports this goal because it is located a block from Main Street, the city's primary transit corridor, and immediately adjacent to the Hopkins Avenue bike and pedestrian route. The annexation request proposes to dedicate a portion of the property to the city to allow for pedestrian and bicycle transportation improvements. This lot area is located adjacent to Seventh Street and is illustrated on the "Proposed Dedication"map. The dedication allows the extension of a sidewalk from Hopkins Avenue and Main Street to be constructed by the applicant. The dedication also provides for future trail and street improvements to be constructed by the city sometime in the future. Action items 75, 77 and 78 are addressed with this land dedication. The AACP's "Housing'chapter promotes the development of housing to occur within the Urban Growth Boundary and to reinforce good city form. The proposed annexation supports this goal. The property looks and feels like it is already within the city's limits. It is located on the edge of the city's traditional pattern of blocks and lots. Any redevelopment of the property will comply with the Residential Design Guidelines, further supporting the intent of this goal. Urban Growth Boundary (UGB) The City of Aspen and Pitkin County jointly approved Aspen's Urban Growth Boundary via adoption of the 2000 AACP. The UGB identifies the land surrounding Aspen as either appropriate for urban development (within the UGB) or inappropriate for urban development (outside the UGB). Land within the UGB is expected to become part of the city's urbanized area and should be considered appropriate for annexation. Land outside the UGB should only be annexed as a method of preserving the non-urban character of lands surrounding Aspen. The UGB does not necessarily need to be amended unless the land is intended for an urban level of development. Annexation of land outside the UGB, in fact, may serve a significant public purpose. bluegreen 04 february 2008 revised 24 october 2008 24 of 44 guyasuta seventh street Ilc annexation request RESPONSE: The property contemplated for annexation is located within the Urban Growth Boundary, is already urbanized and should be considered appropriate for annexation. A portion of the property is already located within city limits. Significant Annexations Changing the regulatory structure and jurisdiction of significant community facilities, large developments, and large tracts of vacant land present considerable potential for community change. These annexation proposals should involve discussion between the Aspen City Council and the Pitkin County Board of County Commissioners. A joint work session at which various land use issues are discussed can only benefit the city in it analysis of a significant annexation. For example: properties entitled by the County and annexed into the city can require complex administration of development rights, especially when amendments are requested. Discussing the primary elements of the land use review can simplify administration and provide benefit to the annexing landowner. Likewise, certain annexation proposals may present concerns to other governmental and quasi-governmental agencies with jurisdiction or other interest in the property. As necessary, formal referral comments or work session-format meetings can be held to identify these concerns. RESPONSE: The property contemplated for annexation is not considered a significant annexation, as defined above. Fiscal Impact Analysis The city should fully understand the financial implication of assuming additional lands upon each of its functions. The City Finance Department has modeled fiscal impacts of recent significant annexations and this information has been critical in determining the appropriateness of annexation. Certain capital improvements may be necessary as well as additional operation and service costs. These need to be balanced with additional special fund revenues that are gained. Pitkin County voters adopted a 2 percent countywide sales tax, including a provision distributing 47 percent of the tax proceeds to Pitkin County and 53 percent to the City of Aspen. At some point, the distribution of countywide sales tax may need to be reconsidered as more service responsibilities shift to the city. RESPONSE: Again, the property proposed for annexation is not considered significant and will not require a fiscal impact analysis as described above. Further the property is already developed and is served by city water and district sanitary sewer. The property is located on Seventh Street and will not require additional infrastructure improvements that could cause a fiscal burden on the city. The city will benefit by the application of the Real Estate Transfer Tax (REIT) on the property for all future transactions. The city will also benefit if the property is redeveloped as the various impact fees assessed at building permit issuance will be in effect. Development Rights/Zoning Development rights associated with a property in Pitkin County versus those if the property is annexed into the City of Aspen should be considered. Annexations are typically associated with a proposal to further develop the property. Traditionally, the city weighs an increase in development rights in relation to accomplishment towards community goals available through annexation. A complete understanding of a property's development potential, prior to annexation, should include a zoning build-out analysis considering regulatory limitations, such as growth management and impact fees, and regulatory incentives, such as the use of Transferable bluegreen 04 february 2008 revised 24 october2008 25 of 44 guyasuta seventh street Ilc annexation request , Development Rights. The public policy of such regulations and the impact of changing the regulatory structure upon the city should be considered. Zoning of newly annexed land should approximate development rights prior to annexation, unless a site-specific development plan is approved concurrent with annexation. The creation of non-conformities should be avoided, although custom legislation to address special interests can further complicate the city's regulatory environment. The city should encourage the legalization of"bandit units"through the city's Accessory Dwelling Unit provisions to ensure compliance with the health and safety standards of the Uniform Building Code. These units should be expected in older subdivisions surrounding Aspen. RESPONSE: The subject property is currently zoned R-15 in Pitkin County. The current development condition of the property is summarized below: General Information Name Lot 3 of Adams Subdivision Zone District R-15 Moderate Density Residential Use . Single-family residence Special Considerations Pre-Existing Lot(created prior to June 12, 1978) and located within the Urban Growth Boundary Dimensional Information Total Lot Area 33,945 sf Minimum Lot Size 15,000 sf Front Setback 30 ft Side Setback 10 It(if lot size is less than 30,000 sf) Rear Setback 10 ft(if lot size is less than 30,000 sf) Principal Building Height 28 ft Accessory Building Height 20 ft Lot for Floor Area 29,565 sf Floor Area Ratio .16 Gross Exemption 5,750 sf Existing Gross Floor Area 4,470 sf(per Building Permit application, dated July 1989) Potential Floor Area 8,470 sf(existing gross floor area plus 4,000 sf with use of TDRs) Floor area exemptions allowed in the county include: • Crawl spaces if less than 516'height. • Subgrade space if no walkouts, no deeper than 20 feet and no more than a single story. • Garage up to 750 sf. Transferable development rights (TDRs) can be purchased to allow using these floor area exemptions. TDRs on the current market are available for$300,000 in 2,500-square foot increments. No special review is required for the use of TDRs. With the purchase and use of TDRs, the property's ultimate floor area could be 8,470sf. Pitkin County Transferable Development Rights Certain lands in the County within the city's annexation area are eligible for increased development rights through the extinguishment of transferable development rights (TDRs). Certain site specific approvals granted in Pitkin County may involve or require the use of TDRs. And, certain development may have already occurred by use of these TDRs necessitating acknowledgement of the realized increased development right. bluegreen 04 february 2008 revised 24 october 2008 26 of 44 guyasuta seventh street Ilc annexation request _ Until the city adopts a program for accepting Pitkin County transferable development rights, each individual annexation request should include an analysis of TDR-contingent land use scenarios and, if necessary, an agreement should be reached describing the future use of Pitkin County TDRs within the newly annexed area. RESPONSE: The development potential described above identifies the opportunity to use one or more TDRs if the property remains in the county. The proposed annexation request does not contemplate the use of Pitkin County TDRs once annexed into the city. Usefulness and appropriateness of each jurisdiction's regulations As Aspen city limits expand beyond the original townsite, the effects of environmental constraints and hazards on development increase. Pitkin County's 1041 regulations address development on steep slopes, in wildfire hazard areas, in rockfall and avalanche hazard areas, and within wildlife corridors. The city's Environmentally Sensitive Area review standards address flood hazard areas and development above the 8,040-foot elevation. The County's regulations primarily attempt to minimize land use intensity and minimize the infrastructure and operational effects of development. The city's land use code encourages the intense use of land and addresses urban development issues, such as architectural character. In transition areas, the city's PUD regulations should be used to establish an appropriate balance. Design standards for public improvements also reflect the rural and urban aspect of each jurisdiction. The appropriateness of each jurisdiction's development regulations and design standards should be considered in each annexation. The acceptance of substandard public improvements and potential public costs of upgrading those facilities should also be - considered. The city may require certain facilities be upgraded prior to annexation. Alternatively, the city may require a cash payment to accommodate expected city capital improvement and operational expenses. The city currently has no experience administering remote backcountry and Forest Service lands. These lands could require significant changes to the city's emergency services. The public costs of annexing remote lands should be considered in relation to the public goals of such an action. Aspen recently adopted the Ski Area Base (SKI) Zone District to administer development at the base of ski areas. The zoning provides for a mixture of skiing, recreational, commercial, and tourist-oriented uses and requires adoption of a Planned Unit Development. This zoning was applied to Aspen Highlands Base Village and may be appropriate for the Buttermilk Ski Area base, upon annexation. RESPONSE: The area proposed for annexation is not affected by Pitkin County's 1041 regulations. It is located outside of steep slopes, wildfire hazard areas, rockfall and avalanche hazard areas and wildlife corridors. It is also not encumbered by the city regulated flood hazard areas or 8040-line development review. The property is immediately adjacent to the original townsite and its distinct block and lot form. Any redevelopment of the property, once annexed, will comply with city residential design standards ensuring the compatibility of its architectural character. The property is already served by city infrastructure provided within the Seventh Street and Hopkins Avenue rights-of-way and no upgrades are anticipated. Infrastructure and Ability to Serve Annexation reviews typically focus a great deal of fiscal analysis on the potential extension of urban services to annexed territories. Cost, capacity, and engineering issues related bluegreen 04 february 2008 revised 24 october 2008 27 of 44 guyasuta seventh street Ilc annexation request ' extension of the city's municipal water system to developing land on the urban fringe is a significant annexation issue. Currently, there are several small water districts serving residences located outside the city's boundaries but within the service area of the water system. These small districts may present a problem for the city as their capital facilities may not be providing acceptable standards of service. Upgrading is expensive, and may become the responsibility of the city following annexation. The County does not currently require new periphery development to join the city's municipal water system. However, these county development proposals must be reviewed by the City Council and found in compliance with the AACP in order to obtain city water service. In these cases, the city often requires compliance with city development regulations. Property owners developing a property eligible for annexation should consult the city's Community Development Department and consider annexation. RESPONSE: The property proposed for annexation is already served by city municipal water and district sanitary sewer service. No extensions of service are being requested. Simplicity of City Boundary The city/county boundary has created confusion for citizens and staff responsible for enforcing public policy. A complex boundary can complicate emergency service provision and, in extreme cases, defeat efforts of city police officers. Annexations simplifying the boundary should be encouraged while those further complicating the division should be avoided. RESPONSE: The annexation of the proposed property will help eliminate the city/county boundary confusion that exists today along Seventh Street. As stated earlier, the subject property looks and feels like it is already a part of the city. A portion of the property is already contained within the city's limits. An added benefit to the city, if this property is annexed, is the ability to annex similarly constrained properties in the future. The remaining county properties located immediately adjacent and to the west of this property also appear to be a part of the city and are already served by municipal services. bluegreen 04 february 2008 revised 24 October 2008 28 of 44 W O O fD a a a a n o' a a 1 A 1 N A 8 'C p C 1- S 7 �y � y , .I�• � V✓� I , � tl ��R � sFVENT A Q � _ C � a � N 2 _ o N � D oft m [ h 5i [ i r Q C~ G v 1p 2 s m � . C rb ' a N � � co s � T n a o seventh street meswww I uYm I�..�v.Wmii l l.1/01�I IA0/�N.��1 O W � A T guyasuta seventh street Ilc annexation request IV. Development Rights Summary Pitkin County Current Conditions The subject property is currently zoned R-15 in Pitkin County. The intent of this designation is to provide areas for moderate density, single-family residential dwelling units with customary accessory uses. This district designation can only be used on properties located adjacent to the City of Aspen. The minimum lot size is 15,000 square feet. The lot area is 33,945 square feet. The allowable floor area is 3,814 square feet. The current residence's floor area is approximately 4,470 square feet. The amount of floor area which exceeds that allowed is grandfathered in Pitkin County. The following chart summarizes the lot's current development conditions. Current Development Conditions Total Lot Area 33,945 sf Lot Area for Calculating Floor Area 23,835 sf Existing Floor Area 4,470 sf Allowed Floor Area 3,814 sf Grandfathered Floor Area 656 sf A lot line adjustment and minor plat amendment was approved in 2000 which transferred 4,380 square feet to the subject parcel from the adjoining'Lot 2 of the Sanddunes Subdivision. A condition of this approval is that the additional lot area cannot be used to increase the allowable floor area of the subject parcel. This reduces the lot area for purposes of determining floor area to 29,565 square feet. Easements exist on the property and per county guidelines further reduce the lot area by 5,780 square feet. The lot size for purposes of calculating allowed floor area is 23,835 square feet. The two driveway easements provide access to three improved lots located to the west of the subject parcel. An approximately 2,940 square foot area located along the lot's eastern boundary is the subject of a warranty deed. This deed was created to convey the land to Pitkin County in the event the county would initiate improvements to Seventh Street. The deed was recorded in 1988 but the land is still legally considered a part of the subject parcel. The applicant proposes to dedicate the warranty deed area, plus additional lot area, to the city for similar purposes as a part of the annexation request. In 2003, the city annexed a portion of this area, along with Seventh Street and Hopkins Avenue, in the Seventh Street/Hopkins Avenue Corridor annexation. Since the Seventh Street corridor is now completely contained within the city limits, it is more appropriate that the warranty deed be conveyed to the city. The applicant requests that the area of the dedicated land still be included in the lot area for purposes of calculating floor area. Pitkin County Development Rights The permitted uses under the County's R-15 zone district include: • Single-family residences. • Customary accessory uses. The minimum lot size of 15,000 square feet would allow the creation of two lots, combined with the GMQS process or the purchase of a Transferable Development Right (TDR). bluegreen 04 february 2008 revised 24 October 2008 30 of 44. guyasuta seventh street Ilc annexation request The County's R-15 zone designation includes a .16 floor area ratio, which as described above, sets a cap of 3,814 square feet. The district also includes a floor area exemption of up to 5,750 square feet. In addition to the grandfathered floor area described above, the applicant has the ability to construct up to 4,000 square feet of additional space through the use of a Transferable Development Right (TDR). A TDR provides up to 2,500 square feet of floor area. This would enable the construction of up to 8,470 square feet of floor area. More than one TDR may be used. The County's floor area calculation exemptions include: • Crawl spaces if less than 5'6" in height. • Subgrade space if no walkouts, no deeper than 20 feet and no more than a single story. • Garage space up to 750 square feet. City of Aspen Development Rights The permitted uses under the County's R-15 zone district include: • Detached residential dwelling. • Duplex residences. • Two detached residential dwellings. • Customary accessory uses. The minimum lot size of 15,000 square feet would allow the creation of two lots, combined with the GMQS process, or the creation of two single-family,residences or a duplex residence on a single lot. The total floor area allowed in the city's R-15 zone district for a single family residence is 5,636.7 square feet, and for a duplex is 6056.7 square feet. The city's floor area calculation exemptions are more restrictive in many ways compared to the County's exemptions and include: • Decks, balconies, stairways, gazebos (unless total area exceeds 15 percent of allowed floor area). • Porches and landscaped terraces. • Garage space up to 250 square feet, 251-500 square feet of space is discounted 50 percent. • Subgrade space if completely below grade, otherwise percent of exposed wall deducted from allowed floor area. • Linked pavilion if no more than one-story tall, 6-feet wide and 10-feet long. TDRs in increments of 250 square feet are available through the city's historic preservation program. One may be used per residence. Any potential remodel or redevelopment of the property would be required to comply with the city's residential design standards. The County does not include a design review of this level of depth and specificity. Summary A comparison of the county versus city development rights is summarized below. bluegreen 04 february 2008 revised 24 october 2008 31 of 44 guyasuta seventh street Ilc annexation request County v City Development Conditions County City Single Family City Duplex Total Lot Area 33,945 sf 33,945 sf 33,945 sf Lot Area for Calculating Floor Area 23,835 sf 33,945 sf 33,945 sf Allowed/Grandfathered Floor Area 4,470 sf 5,636.7 sf 6,056.7 sf Potential Floor Area (w/TDRs) 8,467 sf 5,886.7 sf 6,306.7 sf bluegreen 04 february 2008 revised 24 october 2008 32 of 44 guyasuta seventh street Ilc annexation request V. Initial Zoning A. Completed application form APPLICANT: Name: Guyasuta Seventh Street LLC Location: 201 South Seventh Street, Lot 3 Adams Subdivision Parcel ID#: 273512315003 REPRESENTATIVE: Name: Sheri Sanzone Location: Bluegreen, 300 South Spring St. Suite 202 Aspen, CO 81611 Phone #: 970-429-7499 PROJECT: Name: Guyasuta Seventh Street LLC Annexation Request Location: 201 South Seventh Street, Lot 3 Adams Subdivision Phone #: N/A TYPE OF APPLICATION lease check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt ❑ Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (&SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA-8040 Greenline, Stream, Margin, Hallam Lake Bluff, Mountain View Plane ❑ Lot Split ❑ Temporary Use ❑ Other: ❑ Lot Line Adjustment ® Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, usesprevious a pprovals, etc. Lot 3 of Adams Subdivision is located in both Pitkin County and the City of Aspen and is currently zoned County R-15 for moderate density residential areas. Lot is improved with a single-family residence and is served by municipal utilities. PROPOSAL: (description of proposed buildings, uses modifications etc. Request to be annexed completely within the City of Aspen and to establish city zoning under the R-15 district for moderate density residential areas. Have you attached the following? FEES DUE: S 2,940.00 ® Pre-Application Conference Summary ® Attachment #1, Signed Fee Agreement N/A Response to Attachment #3, Dimensional Requirements Form ® Response to Attachment #4, Submittal Requirements-Including Written Responses to Review Standards All plans that are larger than 8.5"x 11"must be folded and a floppy disk with an electronic copy of all written text(Microsoft Word Format) must be submitted as part of the application. - bluegreen 04 february 2008 revised 24 october 2008 33 of 44 guyasuta seventh street Ilc annexation request CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN(hereinafter CITY)and Guyasuta Seventh Street LLC(hereinafter APPLICANT) AGREE AS FOLLOWS: - 1. APPLICANT has submitted to CITY an application for annexation and zoning map amendment(hereinafter,THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size,nature or scope of the proposed project, it Is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT makes payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on amonthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process - APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore,APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit In the amount of$2,940 which Is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit,APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of$245.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: By Jennifer Phelan W ce Weine Community Development Deputy Director Guyasuta Seventh Strex LLC Date: a'y"o8 Bill To: 139 Freeport Road, Suite 200 Pittsburgh PA 15215 (412) 782-0200 bluegreen 04 february 2008 revised 24 October 2008 34 of 44 guyasuta seventh street Ilc annexation request B. Pre-application conference summary CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 429-2754 DATE: 1/28/08 PROJECT: 201 S. 71" Street REPRESENTATIVE: Sheri Sanzone, Bluegreen OWNER: Guyasuta Seventh Street LLC APPLICATION TYPE: Annexation DESCRIPTION: The owner of the property, currently located in Pitkin County, is considering annexing into the City of Aspen. Annexation is governed by Colorado Revised Statutes (CRS 31-12-102 et.seq.). An overview of the annexation process and an example petition for annexation can be found at: http://www.aspeni)itkin.com/odfs/depts/41/annex plan.oddf It is important to note that a property's perimeter boundary must have a minimum amount of contiguity with the City's boundary to be able to annex and that the subject property is urban or is urbanizing and is capable of being integrated and serviced (utilities, etc.) by the City. The applicant may wish to schedule a development review committee meeting to understand if any improvements would be required of the property as part of an annexation agreement prior to submitting a petition for application. If the Applicant is not securing any development approvals in conjunction with the annexation (other than zoning of the property) it will be important to include a summary in the annexation proposal on the existing development potential of the subject property within the County compared to the development potential within the City. Once an annexation petition is filed with the City Clerk, the City (through the City Attorney's office) initiates the annexation process as outlined in the City's Annexation Plan. As part of the annexation process, the City concurrently initiates zoning of the property to a City zone district. Land Use Code Sections) 26.304 Common Development Review Procedures (as applicable) 26.310 Amendments to Text and Zone District Map CRS 31-12-102 et.seq. (The City follows Colorado Revised Statutes with annexation) Review By: - Staff for complete application - Referral agencies for technical considerations - City Council for the annexation process - Planning and Zoning Commission for a recommendation on the zone district designation of the property to City Council Public Hearing: Yes at City Council and P & Z - Planning Fees: $2,940 Deposit for 12 hours of staff time (additional staff time required is billed at $245 per hour) associated with applicant initiated zoning of subject property Total Deposit: $2,940.00 Tota(Number of Application Copies; 4 copies of petition and map (state requirement) 20 copies of zoning (Map Amendment) application bluegreen 04 february 2008 revised 24 october 2008 35 of 44 guyasuta seventh street Ilc annexation request - To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application (as applicable) and Annexation Petition. 5. Signed fee agreement (if applicable - there is no fee associated with submitting a petition for annexation and if staff initiates the zoning of the property; however, if the applicant submits the request for zoning the fee is $2,940.00). 6. Pre-application Conference Summary. 7. An 8 1/2"x 11"vicinity map.locating the subject parcel within the City of Aspen. 8. Proof of ownership. 9. An annexation plat. 10. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 11. All other materials required pursuant to the specific submittal requirements. 12. A site improvement survey that includes all existing natural and man-made site features. 13. Applications shall be provided in paper format (number of copies noted above) as well as the text onlyon either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. bluegreen 04 february 2008 revised 24 ocfober 2008 36 of 44 guyasuta seventh street Ilc annexation request C. General statement on zoning request/vicinity map The applicant proposes an initial zoning of the property, once annexed into the City of Aspen, of R-15— moderate density residential. A zone designation of R-15 is the most appropriate zone district because the surrounding neighborhood is currently zoned County and City R-15 and City AH-PUD, and the property conforms to the dimensional requirements of the city's R- 15 zone district. The vicinity map below identifies the subject parcel and illustrates the neighboring zone districts. j OqQ CZY I ' Y d2.2 I. 1 South S - n street Y Y/< Y I city of aspen zoning/vicinity map The intent of the R-15 zone district is to provide areas for long-term residential purposes with customary accessory uses. Lands in the R-15 zone district typically consist of additions to the city town site. This zone district designation was applied to the 2000 annexation of the Sanddunes LP parcel, located immediately adjacent to the subject property. In approving this previous annexation and recommended zoning, the city found that R-15 zone designation was the most compatible classification for the neighborhood and the transition from the city town site to Pitkin County. The proposed zoning map, included at the end of this section, illustrates the applicant's request for the R-15 zone designation. The responses to the following review criteria support this request. Section 26.310.040 Review Standards A. Whether the proposed amendment is in conflictwith any applicable portions of this Title. RESPONSE: The proposed zone designation of R-15 is not in conflict with any applicable portions of the Land Use Code. The zone designation is the most appropriate for the property in that the intent is to provide areas for long-term residential purposes and customary accessory uses. The property is located immediately adjacent to city R-15 zoned properties, and is located directly across the street from properties zoned and developed for the more intensive purposes of AH-PUD. This request does not represent new land use policy or a change in policy for the City of Aspen. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. . bluegreen 04 february 2008 revised 24 october2008 37 of 44 guyasuta seventh street Ilc annexation request RESPONSE: The proposed amendment supports all elements of the Aspen Area Communitv Plan (AACP), and in particular, the future land use, growth management transportation and housing elements. The Future Land Use Composite Map indicates that the property should be a residential land use. The property is also located within the Urban Growth Boundary. The city zone district that would best support the AACP's policy directives for the residential land use designation is the R-15 district. The Transportation Improvements Map envisions the portion of Seventh Street immediately adjacent to the property(between Hopkins Avenue and Main Street) to be closed as a part of the Entrance to Aspen Improvements. The proposed annexation meets the goals and objectives of the AACP's "Managing Growth" chapter in that it contains growth—an existing residence and its potential redevelopment— within the Urban Growth Boundary. The property is served by existing infrastructure, including city water and district sanitary sewer. The "Transportation'chapter contains goals and objectives for encouraging the use of transit, pedestrian and bicycle modes. The proposed annexation area supports this goal because it is located a block from Main Street, the city's primary transit corridor, and immediately adjacent to the Hopkins Avenue bike and pedestrian route. The dedication to the city of a portion of the property will allow for the extension of a sidewalk from Hopkins Avenue and Main Street. The applicant is proposing to construct this sidewalk as a part of this request. The dedicated land area also presents opportunities to the city for improving the Hopkins Avenue bikeway and for improving the street and drainage system. Action items 75, 77 and 78 will be addressed with this land dedication, The applicant is committed to working with the city engineering and parks department staff to maximize the opportunities presented by this land dedication. The AACP's "Housing"chapter promotes the development of housing to occur within the Urban' Growth Boundary and to reinforce good city form. The proposed annexation supports this goal. The property looks and feels like it is already within the city's limits. It is located on the edge of the city's traditional pattern of blocks and lots. Any redevelopment of the property will comply with the Residential Design Guidelines, further supporting the intent of this goal. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. RESPONSE: The proposed zone designation increases the subject property's compatibility. The surrounding city zone districts are R-15 or the more intensive AH-PUD designation. The surrounding city land uses include single-family residential, duplex residential and multi-family residential. The transition the proposed amendment would create to Pitkin County zone districts and land uses is identical to the transition created by the Sanddunes LP property located immediately next door on South Seventh Street. D. The effect of the proposed amendment on traffic generation and road safety. RESPONSE: The subject parcel has an existing driveway onto South Seventh Street. The property also includes a private access easement for a driveway servicing three developed properties.located immediately to the west—Lots 1 and 2 of the Adams Subdivision and Lot 2 of Sanddunes LP. The proposed amendment will not increasetraffic generated or decrease road safety. As a part of the request for annexation, the applicant is offering a land dedication and pedestrian improvements to the City of Aspen to greatly improve road safety. bluegreen 04 february 2008 revised 24 October 2008 38 of 44 guyasuta seventh street Ilc annexation request E. Whether and the extent to which the proposed amendment would result in demands on public facilities and whether and the extent to which the proposed amendment would.exceed the capacity of such public facilities including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools and emergency medical facilities. RESPONSE: The subject property is developed with a single-family residence, and is already served by public facilities including municipal water and district sanitation utilities. The applicant is contemplating a remodel or reconstruction of the existing residence. No increase in demand for these services is anticipated. At the time of building permit processing all city fees, including school and parks mitigation, will be captured. An existing ditch crosses the property and will not be adversely affected by the proposed amendment. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. RESPONSE: If approved, the proposed amendment will not create adverse impacts on the natural environment. Although located within an area of potentially steep slopes as identified by Pitkin County the lot is very flat with slopes of less than 10 percent. The lot is located outside of any city regulated environmentally sensitive areas. G. Whether the proposed amendment is consistent and compatible with the community character in the city. RESPONSE: The proposed amendment to the R-15 zone district ensures that the property is consistent and compatible with the city's community character. In its current condition, the subject property looks and feels like it is already located within the city limits. Following annexation, any remodel or reconstruction of the existing single-family residence will be required to be designed according to the city's residential design standards which will further enable consistency and compatibility. .The R-15 zone district's intent is to provide areas for long-term residential purposes and has been used to amend neighboring properties as they were annexed into the city. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. RESPONSE: The applicant is proposing two actions in this request. The first is to annex the subject property into the City of Aspen. In 2000, the neighboring Sanddunes LP property was annexed into the city limits. In a meeting regarding this application, the City Attorney expressed an interest in creating the ability for the remaining Pitkin County properties located in this area to be annexed into the city. The successful annexation of this property will create the required boundary contiguity to allow the remaining properties to be considered for annexation. Establishing an initial zoning is required as a part of an annexation. The recent successful annexation of the neighboring Sanddunes LP property was designated R-15. The properties immediately surrounding the subject parcel are zoned County and City R-15; both moderate density residential, and AH PUD, a higher density district intended for affordable housing. I. Whether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent of this Title. RESPONSE: The applicant does not believe that the proposed amendment will be in conflict with the public interest or the purpose and intent of the city's Land Use Code. The proposed amendment is required by Colorado statute to occur in concert with the proposed annexation. The proposed R-15 zone designation will ensure the compatibility of the property with its bluegreen 04 february 2008 revised 24 october 2008 39 of 44 guyasuta seventh street Ilc annexation request surrounding neighborhood. The amendment will also be consistent with the action taken by the city in the recent sanddunes LP annexation and initial zoning. Elements of the AACP will be met with the proposed amendment, and in particular, the future land use, growth, housing and transportation elements. bluegreen 04 february 2008 revised 24 October 2008 40 of 44 a guyasuta seventh street Ilc annexation request D. Proposed zoning map (twenty (20) fu �g 9 ' g9 I �j /� 4 U L C � if U) i 6M I W OLbV>m i I 1� i I L100 y 2008 revised 24 october 2008 41 of 44 guyasuta seventh street Ilc annexation request LEGEND AND NOTES .n"N�e"f°ss�ln�ePrI e r,uN,.w.w.r .i;;ow'i,1.;'�f`i:'„"'ii'�o:wa.,r rou..iw Al.—A o Pa.n. • � ,i P, u MA t H ro'I"—f.nen roK.i.ro�.PI,..,a S T88ET 1 i / V N >t �e II zs ar .uRe.x'roo.�Vm; IN ALLE ..... ... ! 9 AIITIN.AA AT , HOUSE m� HOUSE 8 ~ 3 iiVinx IT K, I AN ;N" —1 P•,,T.I.I 30; ;^�ANN ,, IN V a 1—AA A A III I11.P0 �.. / •?�N�\ IMPROVEMENT SURVEY Tl 73 tl'R'ui"i8:"i'.9ff�.1f„��r.r�".,� NANN.e%�EH��< 1. III AT ASPEN SURVEY ENGINEERS, INC. INI IN ANALVAN 11.1 A.'.,m.ef.nn fuu up ANA mfi IT IIIINNA bluegreen _ 04 february 2008 revised 24 october 2008 42 of 44 guyasuta seventh street Ilc annexation request F. Compact disc containing digital files (one disc attached) bluegreen 04 february 2008 revised 24 october 2008 43 of 44 guyasuta seventh street Ilc annexation request bluegreen 04 february 2008 revised 24 october 2008 44 of 44