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Guyasuta Seventh Street LLC
Annexation Request
Prepared for:
Guyasuta Seventh Street LLC
Prepared by:
Bluegreen
October 24 2008
guyasuta seventh street Ilc annexation request
table of contents
i introduction
a. annexation request
b. authorization letter
c. operating agreement
II. petition
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
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
a. description of entitlements granted by Pitkin County to be
maintained after annexation
V. initial zoning
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)
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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.
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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 'qcelWeine date
Gtfyasuta S venth et LLC
bluegreen
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C. Operating Agreement
OPERATING AGREEMENT
OF
G YASUTA &EVENTH STRE •T,1117.
THIS OPERATINCI AGREDYIEN'r OF GL:YSUTA SF'VrlsilI STfiP.ET, LL( (the
"Agccrtent") is dated as of the 29th day of Dccember, 2007, by acid between Guyasuta
Seventh Street, I,LC . a Colorado Bruited liability company (the "Company"), and Guyasutu
Development Company, a R=sylvonia limited partnership, as the sale mcrnbu of the
Company (hereimiftcr rcforrod to as the " blernber"),
RF.C:ITAUS
V+11L:RLAS, the Mcrnb.r mid the Company desire to set forth in this Agv emem
certain matters relating to the manttgorrtestt and control of the Company rind to set forth the
basis upon which future mcmbets may be admitted to the Company.
NOW TH RPTORP, is consideration of the mutual Covenants herein contained, and
other valuable consideration, the receipt and ,urrici"ey of which are hereby acluwwlcdgc;l
the parties hereto agree as folIMV3:
ArtieTc i
Intent of the Parties
1.1 Vntity Dkregarded for Tax Yurnoses. It is the specific intctu of the peitics to
this Agreement to form a limited &-,bility company that is to be treated as a disrcgardol entity
until additional members, if any, gain membership and then the iutcnt is that the entity be
classified as a partnership for federal income tax purposes,
Artiele l l
O ,anlzational Matters
21 Principal Office and Mailing Addreue. lint initial primipal Office of the
Company is located at i 39 Freeport Road, Suitc 200, Pittsburgh, PA 15215. The Company
roy luive such other offices, either within or outside the Slate of C'.olorado as the mcmb:.rs
may designate or as the business of the Compare may require. 'lhe mailing address of the
Company is 139 Frocport Road, Suitx 200, Pittsburgh, PA 15215.
2.2 xtegistered Agent and Registered Office, The initial registered agent of the
Company as rNuired by the Act to be maintained in the State of Colorado is Michael Shook,
1685 Oraceland Drive. Carbondale, CO 81623. The registered agcut tray be cbirtbnxi from
time to time by the tru mbcm
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2.3 Nam . The name of the Company shall he Ciu},asuta Seventh Sueet, LLC. 17te
Company's business may be conducted under any otter name or names deemed advisable by
the mcmbcrs.
Article Ill
Pur ose
3.1 Purpose and Business. The Company is formed for the object and purpose of
engaging in any lawfltl act or activity for which limited liability companies may be formed
under the Act.
3,2 Powers. The Compatty is empowered to do any and all acts and things necessary,
appropriate, proper, advisable, incidental to or convcnicnt for the fiutltcrance and
accomplishment of the purposes and business described herein and for the protection and
benefit of the Company.
Article IV
Duration of the Comnany
4.1 Duration, Brice B. Wcincr formed the Company by filing articles of organim-ition
on December 28, 2W7 (the "Efi'cctivc Date") with the Colorado Secretary of State. The
period of duration of the Company commenced on the Ef ective Date and shall continue until
terminated pursuant to Section 16 of this Agreement.
Article V
Allocation of Profit. and Losses
5.1 Allocation of Profits and losses- In an)' year in which there shall be only one
member, the Company and that member intend that the Company shall not have any standing,
to be treated as a partnerslAp 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
oC the profits and losses of the Company for fcdcntl income tax purposes as income and loss
of the member directly. In such case, and as the case may be., the member shall include such
profit and loss on such member:c tax return. In any year in which there is more than one
member, all items of profit and loss shall be allocated among the members in proportion to
their respective membership htterests in the Company. For any rncmber�ship interest not
owned for an entire fiscal year, any such allocations shall be prorated 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
above, to the extent permittcxi by law, all items of Company taxable income., gain, loss, credit
and deduction r mignired or allowable for Federal income tax purposes shall be allocated 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, gai», loss, credit or deduction
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are allocated and credited or charged_ Any member allec:.atW and charged a purticulur cosL or
expense shall be entitled to such deductions or credits us are; attributable to such cost or
cxpen3c in computing such mcmbcfs taxable income. or tax liability to the exclusion of any
other member. Upon the sale or other transfer of any asset or the Company, any rccapturc of
depreciation deductions or other deductions previously taken shall be allocated to the mcml;cr
to whom such credit was originally allocated.
Article Vl
Capital Contribution,
6.1 ('apical C'outrihutions. When, if cvcr, there is more than one member, then the
members shall ag,ee as to the capital contribution requirW to become a member.
6.2 Capital Accounts. When, it ever, there is more than one member, a separate
capital account 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 Scetion 1.704, and each such capital accounL 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 Agccmc-nt, and shall be debited with (iii) its shoe of all
costs, expenses, and loses of the Company as allocated to it under this Agreement and (iv)
the amount or any distributions made to it.
Article V1I
Management
7.1 Representative IYi9nagcmcnt. The C'ompn<ty will be managed by a Manager or
Manugcrs to appointed by e. majority vote of the Members. The initial Manager shall be Bnicc
B. Weiner. The voting members of the Company, by majority vote can appoint additional
managers at any time.
7 2 Time Devoted to Business. Managers will devote only the amount of time to the
CompanN�s activities as is reasonably necessary to discharge the managers' responsibilities.
73 Pnwers and Authority.
(a) General Scope. The Managcr shall have full power, authority and
discretion to manage and direct 11w Company's business, alTairs and properties, including,
Nvilhuul limitation, the spucitic puc4en referred to in Article 3.3(b).
(b) Specific rowels.
(1) The Managers arc authorized on the Company's behalf to make
all decisions as to (i) the development, sale, lease or other disposition of the Company's
assets; (ii) the pumhaise or other acquisition of other assets of all kinds; (iii) the management
of all or any part of the Company's mets and business; (iv) the borrowing of money arxl the
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granting of security iutemis in the Company's assets (including loans from hlentbeis 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 fbr the operation and nutnagcmcnt of the Company's
business; and (viii) all ckx,-tions available to the Company under any federal or state tax law
or regulation.
(2) Each Manager on the Company's behalf may execute and
deliver (i) all contracts, conveyances, assignments, leases, subleases, franchise agreements,
licensing agreements, ntanagcrncnt contracts and maintenance contracts covering or urfecting
the Company's aswts; (ii) all checks, dru%- and other on3nrs for the payment of the
Cmrnpuny's funds, (iii) all promissory notes, rrrodgages, deeds of trust, security agreements
and other similar documents; (iv) all articles, certificates and reports pertaining to the
Company's organization, qualification and dissolution; (v) all tax returns and reports; and (vi)
all other instruments of any kind or character relating to the Company's affairs.
(c) Dcicgation.
(1) The Managers may delegate the right, power and authority to
manage the day -today business, affairs, operations and activities of the Company to any
ofitcer, 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 dcicgaflon of th;: authority and dutim normally a.soeialcd with that oflicc,
subject to any spe>ifrc delegation of authority and duties made by the Managers_ Any number
of offices maybe held by the same person. Any delegation hereunder shall be revocable at
the sole discretion of the Nlanagers.
7A \innner of ActinL
(a) General. A Managcr may act with inspect to any matter within the
scope of his or her authority if there is one Manager or if there is more than one Manager at a
meeting of Managers or purstutni to ronnal or informal procedures adopted at a meeting of
Managers. Procedures that may be adopted at a meeting of Managers uiclude, without
lunitation, the establishment of dates and tines for regular meetings, procedures pursuant to
which the Managers may approvc a matter +wthout a meeting and the delegation of duties and
responsibilities with respect to which the delegate may act without approval or ratification by
the other Managers.
(b) Meetings. If there is more that one Manager:
(1) Right to Call, Any Mamtgm may call a meeting of Managers.- by
giving written notice to all Managm not less than ten (10) nor more than sixty (60) days prior
to the date of the meeting. The notice must speci ry the date of the meeting and the nature of
any business to he tr2nsacted_ .A Manager may waive notice of a meeting of Managers orally,
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in writing or by attendance at the meeting.
(2) Proxy Voting. A Manager may act at a mccdng of Managers
through another Manager authorized by signed proxy,
(c) Written Consent. The Nlanagcrs may act without a meeting by written
consent describing the action and signet by Managers whose voting power is at least equal to
the minimum thatwould ould be necessary to take the action at a meeting at which all Managers
were present.
(d) Required Approval. The NM9nagers' unanimous approval is r quirad for
tiny matter arising within the scope of their authority, subject to any procedures adopted at a
meeting of Nlanagaz pursuant to Scction 3,4(a).
(c) Participation by Non-Mcmbcr Man"ees. The fact that a Manager is
rwt also a Member in no way limits the Manager's right to vote on any matter properly within
the scope ol'the Managers' authority under this Agreement,
IS 'genev Power and Authority. A Manager apparently acting for the
Company ut the usual course of its business has the power to bind the C.nmpany and no
person hay an obligation to inquire into the Manager's actual authority to act on the
Company's beltalf. HoNvcvrr, if a Manager eats outside the scope of the Manager's actual
authority, tlx: Manager will indemnify the CArnpany for any co3*s or damages it incurs rs a
result of the unauthorircd ReL
1.6 Fidyciary Duties.
(a) Standard of Care.
(1) Liability for Wiongfid 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 Abrvernent, gross negligence, willftil ntiscorxfuct or a
violation of law.
(2) Justifiable kellance. A Manager may rely on the Company's
recoids maintained in good fault and on information, opinions, reports or statements received
from any Person pertaining to matters the ivfanager reasonably helieve: to be within the
Persons expertise or coripctcnec.
(b) Competina Activities. A Manager may participate in any business or
activity without acoounting to the Company or tltc Nlernbcrs. A Manager ma;v not, however,
accept a business opportunity for the Nlanagc is own account that the Manager believes or has
reason to believe tltc Company wvuld awept if brought to its attention. A Manager must
disclose to the Company any business opportwtity of which the Managcrbccomes aware. If
the Company declines to accept tlue opportunity, the Manager may pursue it for the iv4anagers
own account. If the Manager fails to disclose the opportunity, the Manager will account to
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the Company for any income the Manager 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-Dcaline. A Manager may enter into a business transaction with
the Company if the terms of the transaction are no less favorable to the Company than those
ot'a Rimilar transaction with an independent third party. Approval or ratification by Members
having no interest in the transaction constitutes conclushv evidence that the terms satisfy the
foregoing condition.
7.7 Indemuif1cation of Mauaeers, The Company will indemnify each Managcr
for all expenses, losses, liabilities and damages the Manager actually and reasonably incurs in
connection with the defense or settlement of any action arising out of or relating to the
conduct of the Company's activities, except an action with respect to which the Manager is
adjudged to be liable for breach of a fiduciary duty avmd to the Company or the Menthei:c
under the Act or this Agreement.
7.8 Compensation. The Company may, with the approval of the Mcmbets,
compensate any Manager for servic s to or on behalf of the Company. The Company will
reimburse each Manager for reasonable expenses properly incurred on the Company's behalf.
7.9 Tenure
(a) Temn. A Managcr will serve until the earlier of, (1) the Manager's
resignation; (2) the Managers removal; (3) the Manager's Bankruptcy; (4) as to a Manager
who is a natural person, the Managcr s death or adjudication of incompetency; and (5) as to a
Manager that is an Entity, the Manager's dissolution.
(b) Rsiggnation. A Manager at any time may resign by written notice
delivered to the Members at least thirty (30) days prior ro the effective date of the miignation.
(c) Removal. The voting menbcrs of the Company may mmove u
Manager at any cline upon a majority vote of the voting membership interests of the
Company, with or without cause,
(d) Vricancv, if a Manager for any reason ceases to act; the voting
members of the Company, by majority vote will promptly elect a successor, to serve until a
successor is elected and qualified.
8. Title to Company Property. All real and peminul property shall be acquired
in the name of the Company and title to any property tan acquired shall Nest in the Company
i uwl f rather than in the Manager or the Member.
9. Reimbursement of Member. The Member may bn reimbursed for all
expenses incurred on behalf of the Comp my.
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10. Diitribtttions. 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 ac permitted by
applicable lew.
11. Elections. The Manager may make any tax elections for the Company allowed
under the Intcrnal Revenue Code of 1986, as amended; or the tax laws of any state or other
jurisdiction having taxing jurisdiction over the Company.
12. Assignability of Nlembership Interest. 11ne economic interest ofthc Member
in the Company is assignable, in whole or in part, tither voltmtarily or by operation of law.
13_ Admixsinn of Additional Members. Additional members of the Company
maybe admitted to the Company at the direction of the blankger. If a nnv operating
agrecntcnt or an amendmcnt and restatement of this Agreement is not executed by the
mcmbm in conneTtion with the admission of the first additional member, this Agreement
shall terminate upon the date the first additional member is admitted.
14. li.iahility ur the Tilemher. The Member shall not have any liability for the
debts, obligations or liabilities of the Company or for the acts or omissions of any other
member, manager, officer, agent or eniployw of the Company except to the extent provided
in the Act. The failur+c of the Member to observe any fomtalifics or requirements relating to
the exercise of the powers of the Member or the management orthe business and affairs, of the
(A)mpany under this Agreement or the Act shall not he grounds fix imposing liability on the
Member for liabilities of the Company.
15. Indemnification. The Company shall indemnify, the MC3UbQ1 and those
authorized officers, agents and employees of the Company identified in writing by the
Member as entitled to be indemnified under this scL;6on for till costs, loves, liabilities and
damages paid or accrued by the Member (as die Member or as an officer, agent or employee)
or any such officer, agent or employee hi connection with the business ofthe Company,
except to the extent prohibited by the laws of the Commonwealth of Pennsylvania. In
addition, the Company may advance costs of dcfcr>v of any procccdinb to the Member or any
such offiiccr, agent or employee upon rcccipt by the Company of." un&-rtakinb by or on
behalf of such parson 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 CA)mpany shall dissohi,, and its affairs shall be wound up, upon the first to
occur of the following: (i) the written direction of the [Member, or (ii) the entry of a decree of
judicial dissolution under Section 8972 of the Act. The death (or dissolution in the case of a
member that is not a natural person), tctirrmrnt, insanity, re,,ignation or bankruptcy orthe
Member or the occurrence of -any other event that terminates the continued membership of the
Member shall not cause a dissolution of the Company.
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(b) Upon dissolution, the Company shall cease carrying on any ands 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
c:crtificalc of dissolution has been sled pursuant to the Act. Uix)n the winding up of the
Company, the Company's property shall be distributed (i) first to creditors, including the
Member if the Member is a creditor, to the extent permitted by law, in satisLaction of the
Company's liabilities; and (ii) then to the Member. Such distributions shall lc in cash or
property or partly in both, txs determined by the Member.
17. Conflicts 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 W be cXtnpctitive
with, or a business opporhmity that may be beneficial to, the, Company. The Member does
not violate a duty or obligation to the Company mcn:ly because the conduct of the A.fember
furthers the nttcrcsts of t}lc 1�'icmbcr. The Mcfctber may lend money to and transact other
business with the Company. The rights and obligations of the Member upon lending money
to or transacting business with the Company are the same as those of a person who is not the
Member, subjoct to other applicable law. No transaction with the Company shall be void or
voidable solely because the Member has a direct or indirect inlerest in the transaction.
18. Governing i�aw. This Agreement shall be governed by, and interpreted and
enforced in accordance with, the substantive laws of the Commonwealth of Pennsylvania,
without reference to the conflicts of law rules of that or any other jurisdiction.
19. Entire Agreement, This Agreement constitutes the entire ugwernem of the
Member with respect to the subject mailer hereof and supersedes all prior agreements, express
or implied, oral or written, with respect thereto. The express terns of this Agreement control
and supersede any course of l:erfonnance or usage of trade inconsistent with any of the terms
hereof.
20. Amendment. This Agreement may be amended or modified from time to time
only by a written instrumcnt execnled by the Member.
21. Riehtx of Creditors and Third Parties. 'lltis Agreement is entered into by
the Member solely to govern the operation of the Company. This Agreement is expressly not
intended for the benefit of any creditor of the Company or any other person other than the
heirs, personal rcprescntatiyco, suoucssors and assigns of the Member. l -cept and only to the
cxumt provided by applicable statute, no creditor or third parry shall have any rights under
this Agreement or any agreement between die Company and the Member, with respect to the
subject matter hereof
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N WTTWFSS «'HEREOF, the undcrslgned, intending to be legally bound, has
adopted this Operating A&mx-,mcnt as of the datc of filing the Certificate of Organization, to
be cffcctive for all purposes as of the filing of the Ccrtificatc of Organization.
MEMBER:
Guya uta De►elopmcnt Company
By: Airway Party Ltd., its general partner
Bnii a Winer, Pr4l&nt -
MANAGER:
$iircc B.-VX iner
9
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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
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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."
Ck
IN WITNESS WHEREOF, I have executed this Petition for Annexation this day of
February, 2008.
Petitioner's/Owner' Signature
&` c 1 6. W � 1 kl:;-7 vi—,
Petitioner's/Owner's Printed Name
135 FREI�PDPT ROA
Address
P,1s6UQ&A , PA Is s
City, State, Zip
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B. Legal Description of the Annexation/Proof of Ownership — attachment A
CERTIFICATE OF OWNERSHIP
Pitkin County Title, We., a My licensed Title Insurance Agent in the State of Colorado hcrcby ccrtiBrs that
(it IYASiTTA SEVENTH STREET, i.1,C, A COLORADO 1.IWTfT) 11AR11,1Ti' C'OMP.ANY are the awncrs
in fee simple of the following described property:
LOT 3, ADAMS SUBDIVSION, according to the Plat thereof rocerded May 14 1973 in Plat Book 4 at Page
385,
ADDRESS ACCORDING TO THE PITKIN COUNTY ASSESSORS Of'FICE. 2i)1 South Sc�cntlt St- Aspen,
CO 81611
ENCUMBRANCES:
Deed of Trust from
GUYASUTA SEVENTH STREET, LLC, A COLORADO LIMITED LIABILITY COMPANY
To" Public Trustee or the County of PITKIN
Por the use of
S&T BANK
Original Amount
S4 687.500 U3
Dated
January 3.2008
Reoorded
January 3, 2CO8
Reception No
54546S
Assignment of Rents reoo-ded in connection with the abKrm Deed of Trust was recorded January 3, 2C08 as Reception
No 54547-0
This ccrtificalc is not to be construed to be a guarantee of title and is furnished for informational purposcs only.
PITKIN CUUI\'I'Y '1T1U. INC.
BY:
authorized signature
CERTIFIED TO: January 31, 2008 at 8:00 A.M.
Job No. 21786CO
bluegreen 04 february 2008 revised 24 october 2008 15 of 44
guyasuta seventh street Ilc annexation request
aowwo-emy F•1s S A4 00
WARRANTY DEED
THIS DEED, matte JafvAry 3, 2008,
90yr n DANIEL J. MAR INEAU and AMY N S. MARTINEAU
of ft* Cony d , stria of . GRAYTOR
AND GUYASUTA SEVENTH S REET. LLC, A COLORADO MATED LJ4,91LM
COWPAW, CRMYU
a! -ow sgel sort... s : 1341rMMAT RW. &AYE 2t0 PIT75MFIGH. PA 152'5
of the ccurty d . S1eb of PA
PATNESSETH. Thy for antl Iv aonrd1pnlGan of the surr d ten dolW s"da gocc and vaIAMO
oorlwerallzn, the ew�t end sL":Ien yof •hiri^ he hanky acknoNe020. it* grantr nas grantad,
ber9kned, sold end cof w%od, rod by #mw praserns daft grant trirgakt. 9M ant oxwey and cannot
:mb One grar#s4 its Mail and pogr►a tpwW, $I the rep propehy k9wP rc vnlh rrprt%wnerla f sty
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TOGETHF�R wth all aza S'fV tar t'e hereltarwls OnC sppiisnennw thereto pal , ng, cv r arywna
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re atp" ttwr, lnsd pvr4aa. wA% TM h"odltarnerrts a-wd apponw-orYes TO HAVE AND TO MOLD tiv
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we fray are clw from al brew and o1r►er grwrs barpMra, sale*, kws, .s,snrr, assesamerta,
•ricurtxances and (owelwo al rhatMv knd u .'01una foevw. O#W.A "s, rrertan as not ferry pn
Dtibt'A' assachod he-ft and fvowamd herein by reference T►na pranbw Oni. arA will WARRANT
AND FOREVER DE=END IN sbdve k*vsi A prnmosw in the puiM and p+racoatla Posaass on of One
g,ardee, Is hehe and a.sV4. ageew sit rs
and every peon or pwwft IrrM w y clatnrg the wlon "
Part thereof The moist numbet shall induce the plufJ, the plral rer "v1w. and the Lae of gender
fhtl be appwcatle b al gnrl"
M LMrNE`S VPMiRF0F fh- prw" hes #gKuted this ceee
SXM-URES ON PAGE 2
e
PETER t*10M�S
P. 0 BOX Saa7
8NQ%hMa55 VILLAGE. CO $14M
bluegreen 04 february 2008 revised 24 october 2008 16 of 44
guyasuta seventh street Ilc annexation request
SIGNATURE PAGE TO WARRANTY DEED
PAGE 2
J MARTIKEAV �T
STArEOF CCLORADO 1
Sa
AMY N. .N
COUNTY OF P17K?N 1
- � c1
The ftaegoing Instumenl was nmrcxledped before rrpe Yrs dey o' dANUARY. 20J
trf CANIEL J mwnfi AU and AMY N.S I`WMNEAU
MTRESS rrry Land and off A loaf
rp owrim,eeow s■yFet N ry Pubte
!f � S !lre�fi'fs
KUL�AF r��at,1C _
_SfAT_F Uf COL�rK
PCT21786L4 w.r�.�nurr[d+■aataa:ry
bluegreen 04 february 2008 revised 24 october 2008 17 of 44
guyasuta seventh street Ilc annexation request
Exr419" 'A'
1 Tattas kx the ymr 1'-36 rbr, y61 due cr pataae
2 Rght c B+e Froprlow Cr a van a bda v edfl l a micas his u- ihetekan , ohuuv o a same bo baw lu
00-ta7ate cr imrsac 1M pwrVsas hannr Braced roernH! m Urlipd States Patc t tlatrdrld Aprl i3 1494 Jn
BCtk 39 at Paga 39 and Dwxmt er 3 I>W In Boak 66 21 Page'k5
3 Eammerts a$ set lvrn m DW tt rroultarn Utklses Corporation rscardwd Gce-bei 21. 1NO;r 533k 173 st
Wars 13. as t mat affect the S2jeet propit,
4 Emarrert and right or way tar be dsC'ic trw4mmion or distitrJW It-* sr erstem, as grartac tt,"Crow
EW.Ot Attsr—YO tt Inc m instuntert rftor44 rr Soak 2W at Page 91.
5 Eassmants nq�ft cf Vary and al trattta. Indud"V but -01 imil-d b 9 kat u17tt eaamerrf alang prcoer!t Ire as
0sdno.1 Cn P4nt at V gect p ct" twvdW 41ay 14, 1973 in Pat flack 4 at Ps?- 345
6 Steer Lmemert as W. b'ttt it rat'r r+art rewead A.,gazt 2S 1*4 t+ Bcck 472 at Paga 213.
7- Tarns, Cr Iryu, a=> zom and migatkra as set Rosh in Pol'tfon recorded Jutr 1, ISM in Book 513 a Paige
M and Letrrs necadv4 }ly 1, INS In SXk $13 W. PME"I'd Ooed werdW J(J) ', 19M n flack 513 a'
Page BEE and LaCa�s r_rm-riled Jul! 1, 1906 in fleck 513 at Pane M
8 jw"u;. coxUrrrs. VO�4bCra and 4:i gati'r s a6 set fo'th I Easerent +ecsded May 13 1992 t IiOCk F at
Page 770
Id. Easepa . and ri71t ofway for an oaetne tronw..oncn a dch•tutim Ins or ty'+tem, tr granted In Hctr Crass
EIedfic Aseodetton Inc, In slCnrnrd r000rded Jwjary 17, 1 RV n _cck SO at Paga ? t.
10 Fawtnatrnt and rVd & way hx an eiechia tre4W Well Or darbubm fine Cr sl:tcrr, 2C grseei so 401V Cruet
CL•ctric Awdalfon. Iv. in it+strrarant rewrde9 Sco*.T er 6 1 M it Book 792 at Paga 7:3
11 Terms. Cr VItIma, prummons and cb1p*ra as Gel fvttrr in Primptatraws flecalan recc eeC A A 21, 200C ae
Reoep*p No 447tifiR
12. Elsetnart snd rght U way for art etec n_ b-2" tis)icn Or CratrfhufOa ime or systarr, as t77r7ed""ny Crn"
t?eelri: AawCWtOn. tne., h irrnumert re_crded Aay.et 11, 7d]0 as R4rCastlan Nr 4 6[J
44
13 ferns eendAcas provie ovs and CWi:Y.�Cra au sir te(sh In I rench, Conduit pd Vajt 1,3w rent Ant Ha'? Crass
Etaettk AmcrWien, Inc., recorded Aupue1 14.2r).) as fW.*Mrn No 446042
14 Dwhw aocrcrahrror, t and pvsc„ipina OW) sasoment as .nam lamed am said CrcFe" r the r,40u'r On 611ti'of by
Aaipen ck^wl Engineers Ire. dated Qecetrkr TT7 61 Jot, fin 7Se 8.19(tK
bluegreen 04 february 2008 revised 24 october 2008 18 of 44
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.
Circulator's Signa ure
0
Subscribed and sworn to before me this j day of February, 2008, by
BYvc— '
WITNESS my hand and official seal.
Commission Expiration Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
My CoTerassbrl Expires Agar. 4.2010
MemGer Pennsylvania Association of NotarfM
bluegreen 04 february 2008 revised 24 october 2008 19 of 44
guyasuta seventh street Ilc annexation request
D. Proposed annexation map
LEGEND AND NOTES
r •LE IVDAmT Lx roan sNEp Er.
CAGECDuxrr TILE, IK.
x0 ICTSE1)SF1
wTFp. w.. 1s, moe
6 < n of AaAe1 1plAAEfrt
1lYM]r� T101M �TNE x ]C%Ty. gTl " THEW— LlkV DF KL
O — -- NOxVEIr AS cesC111eEJ
LOT 3 ADAMS SUBDIVISION ANNEXATION MAP
TO THE CITY OF ASPEN
COUNTY OF PITXIN, STATE OF COLORADO
e. MrK.rK arE]r). M, a lA ,
M�lN
SpREeT
,o]
t C5 i�G� FM/k
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✓iA'xe :+Ex.L COar10CF
4: > LaE•r
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n a:. l A. ys"41je
ANNEXATION PARCEL
LADpa3l,YOrx f �f. 11., ACttfm. AO TO T. K•• T.—aFCDa060 M� 1A, Le33
M KA• E00• A A. — SaS-
rDDFaUI Er Tx Slur 1p 1 Af EF• fpM IM aMGAIx Ab fKE DEED
�IIT IFIGCIM
11�Kl� �4YI]lO�I. EY CNtIFY 11NT IMIS xM MS IlNAllf9
f IO,Ey !Nli—PSr DF , 100>
CITY FKIMEEII E MIlOYK -
TNr] ANEaAT IOx IMI Mf ANaOYED ar Txe Cll� DF MPEM1 DNMTRx• DF Ex01AE!]IM
Mla DAY aF , 1OD).
C11 C 11. MrlOYK
S A—AM MNOYEO 11 THE CITY C—L a P4 CITY OF MKN, II
SE0 6 AO>r]A£COREw1a! �Ifry T.yE Q�R OgK011SERYOF-11®IY COIMTY ASS —T,
AT. V, MERI
—A Ab lECOaDEaS CEYTI FI GTE
fH1E AMEAA-�p N Mf kAr�En FM FrllxD Ai THE eFF I(E of T,, ¢¢Eax AAD aKaroE�
K THE COW'T OF rl T. I., TATE OF COLOSADO AT
OF 1001, Alp lECOIIWD M'IT MOL _ Ai PAS A6 ��CEIiDN
lAl�E!
CA Ab aFCNDE!
ANNEXATION TABLE
aDTK N!E]A'I Dx IMCEL ao:woARY ,ElKTEA > FFE'
OxE EIiTH IL/el IMQ:. C iY T1EO— 7. IEIIIME:E! :3! )1 FEET
(pY0D0D6 SOIMD.VY Sl:.:a FEET
M— FEET —1. T— 1Sa.1A MI
VICINITY MAP
�..:z
a • o S117E
IWIAM EY
ASPEN SURVEY ENGINEERS, INC.
110 SDIFIM wLW Sl1EEl
•vEll, cavADo EfaL1
FOFRAI Iwm D353S]6
DATE
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20 of 44
guyasuta seventh street Ilc annexation request
IIT. 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 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:
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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 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
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.
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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 (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
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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 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 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 5'6" 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.
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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
1041regulations. 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
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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.
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B. Proposed land dedication graphic
R-15 COUNTY
R-15 COUNTY
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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).
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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.
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County v City Development Conditions
Total Lot Area
Lot Area for Calculating Floor Area
Allowed/Grandfathered Floor Area
Potential Floor Area (w/TDRs)
County
City Single Family
City Duplex
33,945 sf
33,945 sf
33,945 sf
23,835 sf
33,945 sf
33,945 sf
4,470 sf
5,636.7 sf
6,056.7 sf
8,467 sf
5,886.7 sf
6,306.7 sf
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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
TYPEOF APPLiLATION (please
cnecK all tnat apply):
❑
Conditional Use
❑
Conceptual PUD
❑
Special Review
❑
Final PUD (& PUD Amendment)
❑
Design Review Appeal
❑
Conceptual SPA
❑
GMQS Allotment
❑
Final SPA (& SPA Amendment)
❑
GMQS Exemption
❑
Subdivision
❑ ESA-8040 Greenline, Stream,
Margin, Hallam Lake Bluff,
Mountain View Plane
❑ Lot Split
❑ Lot Line Adjustment
❑ Temporary Use
® Text/Map Amendment
❑
Conceptual Historic Devt
❑
Final Historic Development
❑
Minor Historic Devt.
❑
Historic Demolition
❑
Historic Designation
❑ Other:
:XISTING CONDITIONS: (description of existing buildings, uses, previous 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.
)ROPOSAL: (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.
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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.
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.
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
By:
Jennifer Phelan
Community Development Deputy Director
APPLICANT
By:
BrGce Weine
Guyasuta Seventh Stree LLC
Date:"_ 04F
Bill To:
139 Freeport Road, Suite 200
Pittsburgh PA 15215
(412) 782-0200
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B. Pre -application conference summary
CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Jennifer Phelan, 429-2754 DATE: 1/28/08
PROJECT: 201 S. 7th 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.pdf
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
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
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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.
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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.
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.
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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 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 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.
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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
guyasuta seventh street Ilc annexation request
D. Proposed zoning map (twenty (20) full-size copies attached)
r _
r
` 1 1
MgIN STRSST
R-15 CITY i R-15 CITY
1 , � u
r
U
r �
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r CO)
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I
R-15 COUNTY
' PROPOSED
I R-15 COUNTY R-15 CITY
(EXISTING R-15 COUNTY)
CITY
-OWUE
�51
r..ro..c •r+y
OLWR00!
L100
bluegreen 04 february 2008 revised 24 october 2008 41 of 44
guyasuta seventh street Ilc annexation request
E. Improvement survey (one (1) full-size copy attached)
I RFEfITIDN eD. •J]iM. -
IFlcf ON TNTt fllf
kAIN
SpRPPr
e
4 t
riM) O
EACERT ION IARC[
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Y
N IT1 14E FIIIDr1Nf
SOD[ !IJ 11
M T6o 1 !O fi .-
ONNE�f�Ie jj1.Vs WN WNx
LEGEND AND NOTES
rlilF INI lut. uIJMm ET
4ICpNIM1 EIILE, IND.
DATED /FCFD�F1 10, 1Do1
IS 1.11 Or 01EN NONUfDIT Egff�
111,;NOI >!OSMEiI I'f N SCIHTI I'S ]>0 ODG '. NDRTN SII� Oi f .
O EgMp SDIVEr NOwrIENT Af OFSOIIKp
• fEIY4ICEE 1iEMEECFO)f R RRRRR 10)) LOTS 1 AND 1
NO — DEIEIISm IN SDON 1)D AT IAr4 1]
T. `Flpp�p "I
SUT{V
G Ef.Erx 1s �EI�EE"r- weA�U TTTI'ZIUO wn-ICTTE
1 IErENif a .IPrtS Oa {nv fLD fvl of IINMNO To
vi�
ODE.o..NtttRFNTI ( N O*D NIT IWK110 TO TNE
..11 1DENEY 1 WII M�Es..1 IT—
WNFTM SELD1.
IMPROVEMENT SURVEY
oe
o* !, poNN
IN 11 YBBOOK it AT'I.RsU3. 10 lMt rLAr 111[1EOr 1ECOIIDfO MY 1•, 1111
TOD.rNE1 WTTN
l1 TID00 �1TIEOVwfNoTN•JilS1A1E GIN AXI SALT xm
wEa>T FT INGD NERWilIf Mi PORT IDN)� 0 TOIDIIT,� SNAE IN WIT
<Itt p ASm
tOONTT OF IITf IN
STATE Oi EDLOStflo.
CNITAINIM ]J,M1 50. "T •/ I INO _1 IN ITSLLT Wall
PwNA IT
ASPEN SURVEY ENGINEERS) INC.
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AUEN, —PA" 11e11
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wn Jw
urm nulRNf
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
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
a. annexation request
b. authorization letter
page 2
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
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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,
ff-MM
Sheri Sanzone, AICP/ASLA/LeedAP
Accepted by:
Bru Weme date
G yasuta S venth et LLC
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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 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."
rk
IN WITNESS WHEREOF, I have executed this Petition for Annexation this day of
February, 2008.
Petitioner's/Owner' Signature
�s,jCe 6.w�,R—.Z:: VL--
Petitioner's/Owner's Printed Name
)35 FREIPORT Ro/i
Address
P,iisBvQw4 . PA is a 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
Pitt in County Titic, Inc„ a du`.y licensed Title Insurance Agent in the State of Colorado hereby ccni fits tha:
611YASITTA SEVENTH STRUT, I I,C, A COLORADO LIW. TFiD INABILITY COMPANY ,= the nwncrs
in fee simple of the following di scrip d property:
LOT 3, ADAMS SUBONSION, according to the Plat thereof recorded May 14. 1973 in Plat Boos 4 a; Page
385
ADDRESS ACCORDING TO THE PITKIN COUNTY ASSESSORS OFFICE. 201 Soudi Scvcath St.. Asprn,
co SIM I
ENCUMBRANCES:
Deed of Trust from
GUYASUTA SEVENTH STREET LLC. A COLORADO LIMITED LIABILITY COMPANY
To re Puallc Trus'ee c' tic County of PITKIN
=or tries USE of
S&T BANK
Or gmal Amo,jnt
$4 687,500 03
Dated
January 3, 2006
Recorded
January 3, 2008
Receptor No
545465
Assi nrnent of Rents reco-ded in connection with the above Deed of Trust was recorded January 3, 2C09 as Reception
Nc 545470
This ccrtifica:c is not to be construed to b. a gaarantr of tillr cmd i�, furnishrd for informational purpo.ws only.
BY:
"t
authorized sigtiature
C) RTW ED TO: January 31, 2008 at 8:00 A.M.
Job No 21786CO
bluegreen 04 february 2008 6 of 33
guyasuta seventh street Ilc annexation request
ow w 4remy Fee S MOO
WARRANTY DEED
THIS DEED, made Jutwry 3, 2008,
Bewaen DANIEL J. 61AR11NEAU and AMY N S, VIAIMNEAU
ce the County ct , Slate at .GRANTOR.
AND GUYASUTA SEVENTH S'REET, LLC, A COLORADO LFAM D LIABILITY
COMPOM * AMTFC
eoeew,ataderers:s: 114FAEEPORTRW SUITE20 PM30UAGN.PA 152'5
of Ms County at . Stab of PA
VATNESSETH, not for s-d h cons;dq►atlsn of Iha sum d tan dolMrs eerd atr pocc and vsl labia
aonaidetauan, the wwtA rend 6Uf idertcy of rhih It hareby a,knorladpd, the grwAw has ynrntad,
bergt`nsd. sold and comW0, ertd by thaw presents doll grant barpairl. 001 a'd at7rvey and ecwlrrrl
;m1a the pwAw ha two w4 secipa fovw, al the rea pfcporty k9athw vnth i Wevrmenle I ery,
etoto and i i-a aM bury In the Cau'rb• of 9ta * CO COLORADO. dbeerpNJ at blocs
LOT 3,
AM* SL'Nk%tS10N WcCJ rap to tea Pbt 7— Mite 14 _1In, R DJA 861* J it Pape M5
' agla r wilt"pRY amf so eat to* 'e MM92em and Sale Teed mcarctfld Jr.re tP, 1 Y-0 w Receptor
Nr1 4Z3EQ.
Exaptup t9erohom that Parton ayr.stxd b) DDT" K Shaw et 0A Ctai+r naod ratc2ed .11y 11. 1977
In Sw'k 231 at Paps E21,
TOGETHER with all OW srCular tie h"JWTwft"appuienonorw Ihmalo babrVnp, at i+any"s
W;winrtng. and the rev r&W W4 rChrsimm rerrandars, raga, lesues arrd ptollis Vw wt, ud all Ire
eslate, tlgnit, too. eoaeeel. dairn wd ft .= d whiner of the grartar abler In Ier or iqjilr, o►, to srd b
rye abim bwaal106 pwr4vs, *Ath M tx+tdKwwnts and aFPpftnw+css TO HAVE AND TO AGED w
W pwmeses M04 beryanaa and ft*,—lted WO Ihs *PrWw*K Y111110 fM grantee, is hdre and
assW lw w Irad the Crum. Itr rw-4*hvs, rwhere an/ li Does ---If, wait barge+,
arc agm b atl crib to O'arats_ a `ew! e1'1<l ossew tta t at ft trT+e cf s'e ersaratrrg and awtw y cl
rase pwswft. ww am aw awd d tea iV"wM aibm s ctnwNd has PDA sr" pe UM abedl/td
w c rrdrftftb4 66W of WwtP oa to law, 'a %q stnph. and hn qmd rqy ( 10 paam srd tetrad
agwRyr 10 Twt tarpr. wI end ouw" the sarre in fr anew and brit as eforessFl. and Mat Me aams
ant free &V claw barn AI 1awAr erd orw grw% targarro, satin tare, :ames. emsesameres,
wrrwr trances and fa W&Idne of whdtttver Ind U .*Alurs sasvor, INWA "0 manars en not fern an
Lvhbt 'A' pli rhW hemW and rcorporplad herein by refew" TM granhx that. a'd wll WARRANT
AND FOREVER OFEND the above twgdred pnnvses in tho QWM sr4 ph-actla pamok on of 1%
granlee, 01 bane" IILO^. apeirw aU erd every Psnan a 0`11"U rt lerfuty dat nrva ft wyaa w err f
W Mersaf The sngutal numbor thati rndudo the plurcr, the IlLrel trre eirrguhr, and the use of gonder
"i a aF{Jcatle to a e 9wk1 %
IN VATINESS Vh'iRFOf "gamy has etwuled thls cwc
S*NA—URES ON PAGE 2
1
Rshte tr.
PETER TttOMIt.S
P. Q am sal?
SNO%MASS VILLA OE, CO 6101$
bluegreen 04 february 2008 7 of 33
guyasuta seventh street Ilc annexation request
SIGNATURE PAGE TO WARRANTY DEED
PAGE
J �MMAIRTMEAV
STATE OF CCL.ORA00
AMY N. M '
COUNTY OF PIrgm I II
Tha kre:gang Instrument was ammWedged before me lws —day o1 JANUARY. 20D
try CANCEL J MARTINEAU •ra AMY N.S VAIMNEAU.
MIWESS ry hand and eftal seal —
mfcw"vvcx empiot ws'-wo
N rfPutc
!G� S :K�TLNIYsra'T,F Uf CPCT21786LA ,�G�„� "
bluegreen 04 february 2008 8 of 33
guyasuta seventh street Ilc annexation request
Ext•IteR 'A'
1 Tames V tha )oar NW W VM due or G.7tatsb
2 Right d B+! ptsplut� cr a ven a bee 10 eehiCi a nn•ove hh or-_ drerrtttm, ahuuN Ors same m loam b
oer+elatn cr inhr sec 1ho p*H&m h ratrr gad m nr4. nfd h United States %a-_tt raaorded 1974 r
6a0 39 At Pa3a 31 and Ca;ernosr 3 1W4 In 113- t 55 - Pape ,k5
3 9asamerts as Set [CM �n Psrk tc Uc rtarn Uones corpoiat*n racorjad Csce-fiber 21. 1640 r BO.^.k 175 at
pe" 13, as it mar affect rie 9.Atecl prorwoy
4 Easilimc t and right of way for er @IW-lc pzsrniurxt or diserib,tCor I['* u erttern, as grarbee aD Flay Cress
89mt Assiwaf m Inc m instrument reconlee to Boot 292 at Page 01
5 Easamante rgft cf Val and at matisrs, indua�ng txz -nil Ironed to E fool utwy sessmert atsng rccerll tree as
dsr nW cn Plat of sped pmTerV rewdW li.% 14. IV.3 to Pat Beek 4 at Ps2e 395
B Serer easemer.l as w. teeth In ,rst%ran rea:r`el A Burt 2b M4 In Bock 472 at Page 213,
7. Temv, oeiAWt& p twsrrs and ootgaticra as set "h h Petthn ra"rcied Jutf 1, ISM in Bock 513 a Page
BSI and Letters recorded lfy 1. %eg m Swk s13 w Pw eco ad Oeed r el"Wd Jul/ 19M n Book 513 a!
Page B83 Anil laba s recorded Jut! 1, 1406 In Bock V3 at Page He
> Tonne, mldb:r n, prorteices and o56galkrs ae 6r+t folh ; t'a,erreM ies-7ded May 13 1992 t Bock V7 et
Page i 0
tt Ensemore End iro of", fct an elarbv lranm ia=n cr detri;W n ins or system. W,, grardal to Rot Crass
Ekclrte AaeodaYnn hc, In reiirnrd recorded Jwi wy 17, 194 in'5CO 5GT at Page 71
10 F3ser *" and rrgnt & way trA an eledrb Cesar Won of dWittAlas line or sy:fom, 2d gram u I-RiN Cross
Electric Aadtdaron. t 1e , h iv$K rAn rr =de9 Scgtember 6 199d in Book 792 at Page 723.
11 Terms, c"tttkns, pmmzns rd cbtlgz*re as set Foom in Adtrinlstratta Qecs►zn recorded Apr? 21, 200C es
Renepricr KL 4425%
12- E*ser-w* and rght N way for An eiectn: lra"Mselio0 Of oifA+ibutCrt tine or system, a yrarvrj to cloy Cro"
Pectds AssixWen. Inc.. h trrmrron re:udel Auvvtt 11, 2C00 a4 Rewflon No 44E031.
13 Terns candibons, Oroviaima and cbrr,' cns a: sof term to trench, Ccrduit and Vert Aot"mentwth Na'y Crass
Novic AswWjon, Inc., recorded August 14, 2r3_t? as RW.0pgrn No 44WC
14 bm+e arirosehmert bra prexnipine dikl) easement as now Io..Oed cars sail prclerl ore aF+Qw11 on Bwvo/ by
A1pen SZmef Engreem Irc. dated Llecembet 2M7 *4 Job No 2f11SMK
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.
c
Ci culator's Signa ure
I
Subscribed and sworn to before me this _ day of February, 2008, by
A s —1z �,! V� tag ✓
WITNESS my hand and official seal.
jla V,44L �A
Commission Expiration Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Marc^. c b .r., Ptb sc
Jeftems. 3—d' ca my
My Commissian E4wes Mar. 4, 20I0
Member, Pennsylvania Assoaauon a Nourfn
bluegreen 04 february 2008 10 of 33
guyasuta seventh street Ilc annexation request
D. Proposed annexation map
LOT 3 A AMS S UBID N I S I OC'F4 APSINE%A a,ON MAP
TO THE CITY OF ASPEN
COUNTY OF PITKIN, STATE OF CCLORADO
1•-4 ..A H K /��ir�iJ�.1Y, i•�� �P �G PJYr�4r � !a KS-,
1
E.r.
rur 11411111 as - 19
it
I RfCE�i.i b F::ua .
9M1iLLRalYlrrtl•1
11t� MUR'� •;scF ae t+s u.F
LEGEND AND NOTES
ring raroua.r.a Ka�ara Fr
aT®. rwr }i, moe
• c�rr as narev r9>.axewr
r�o:�M,rt i9Sa :iia:aax of Man {inF os none
o Ioaa auvF, MMrtx' Aa vraaivc
a,I 1 N
SrRP r
it
2
.n �1 I
r,..n eaa ss +MF u
`i• cc rIlk
1.9
3E'.FM1.�1alFF T•F �. Y1 N K�WFRr ]aR
KAT 1� 6! IA# iM1
kDPknys AvAN
Ug
I TAIA C}w}-
ANNEXATION PARCEL
LOT ].
iA KKAT 90Gl �IM.IrUF ]aaM TI 14 IUT TNf KC0110F> rw• :ar 197
�ORX� Aa91 w.riM ♦> �iroR iTM.J]ls iX i {A:F ]DJ
FWIIrM rrNri9a rw.l Igl'ri m+viiF9 ra it R L{I• iM Cui'
Q•-n K2o aK�OEa MT 1], la>) r. 90aR )J1� IMF {]I.
Carr R AIM
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tt BYr Mfa { NlaarAl
rx f AM9!YAi i01, IlV M! .rrMvtD ar ),tE Crrr pp AarFn t>E+AR
i q NwdAL aR MI 9A1 A .1— 91 T. UTI CaIY{C'�1 C : 4 9 OG MKa, —` GD 1
a�ER.z �Ti,aalCJa�D i �P Thu Lo ItFCaAY+or°0�ii cd°aDlr� arm
ailw +MSF�aFc�woaa axT:.. u+9
CATY � T\fin, F.��T•aTE SF. I'l- AT 14 F- a T tRDa 4q �raROfv
_ r }oeT, aFrnoao rR K1TA-' _ A-'I—.sF
b
ANNEXATION TABLE
W AMFw,T— — 9aJO+ar rar'rt 11 a 1r •E-
o.
Nr.-1 16 C i1 rA v i":�D 1a
]II.)9 ITT 9HATEa rlNn I}I.N rFE•
VICINITY MAP
1Re1]RFa h
ASPEN SURVE1 ENCINEERS, INC.
III — — aiRFr
A—, -w.awo 919:i
aMM,FN �avci vnau9
oArt
bluegreen
04 february 2008
11of33
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
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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
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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.
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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.
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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.
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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
Zone District
Use
Special Considerations
Dimensional Information
Total Lot Area
Minimum Lot Size
Front Setback
Side Setback
Rear Setback
Principal Building Height
Accessory Building Height
Lot for Floor Area
Floor Area Ratio
Gross Exemption
Existing Gross Floor Area
Potential Floor Area
Lot 3 of Adams Subdivision
R-15 Moderate Density Residential
Single-family residence
Pre -Existing Lot (created prior to June 12, 1978) and
located within the Urban Growth Boundary
33,945 sf
15,000 sf
30 ft
10 ft (if lot size is less than 30,000 sf)
10 ft (if lot size is less than 30,000 sf)
28 ft
20 ft
29,565 sf
.16
5,750 sf
4,470 sf (per Building Permit application, dated July 1989)
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
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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.
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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.
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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.
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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.
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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
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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 ANNLILAILUN (please
cnecK all tnat apply):
❑
Conditional Use
❑
Conceptual PUD
❑
Special Review
❑
Final PUD (& PUD Amendment)
❑
Design Review Appeal
❑
Conceptual SPA
❑
GMQS Allotment
❑
Final SPA (& SPA Amendment)
❑
GMQS Exemption
❑
Subdivision
❑ ESA-8040 Greenline, Stream,
Margin, Hallam Lake Bluff,
Mountain View Plane
❑ Lot Split
❑ Lot Line Adjustment
❑ Temporary Use
® Text/Map Amendment
❑
Conceptual Historic Devt
❑
Final Historic Development
❑
Minor Historic Devt.
❑
Historic Demolition
❑
Historic Designation
❑ Other:
:XISTING CONDITIONS: (description of existing buildings, uses, previous 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.
>ROPOSAL: (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: $ 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.
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guyasuta seventh street Ile 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
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.
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
By:
Jennifer Phelan
Community Development Deputy Director
APPLICANT
By;-
ce Weine
Guyasuta Seventh Stre LLC
Date:._.. �-.q- o0
Bill To:
139 Freeport Road, Suite 200
Pittsburgh PA 15215
(412) 782-0200
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B. Pre -application conference summary
CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Jennifer Phelan, 429-2754 DATE: 1/28/08
PROJECT: 201 S. 7th 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.pdf
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
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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.
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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.
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.
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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-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 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
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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 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
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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,
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guyasuta seventh street Ilc annexation request
D. Proposed zoning map (twenty (20) full-size copies attached)
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bluegreen
04 february 2008
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guyasuta seventh street Ilc annexation request
E. Improvement survey (one (1) full-size copy attached)
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bluegreen 04 february 2008 32 of 33
guyasuta seventh street Ilc annexation request
F. Compact disc containing digital files (one disc attached)
bluegreen 04 february 2008 33 of 33
SUBD H V H S H ON ANNEXAT H ON MAP
C
1"-30'
0 30 60
LEGEND AND NOTES
TITLE INFORMATION FURNISHED BY:
PITKIN COUNTY TITLE, INC.
CASE NO, PCT19873F2
DATED: MAY 15, 2008
CITY OF ASPEN MONUMENT
BEARINGS BASED ON THE CITY MONUMENTS ON THE NORTH LINE OF BLOCK
19 ASPEN TOWNSITE N 75.09.11-W 270.00'
FOUND SURVEY MONUMENT AS DESCRIBED
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL
ACTION BASED UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS
AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN
ETSFFRCAATTION ISATE
ID IFFNNOTEWETFSTTAAMPEDD WIITrHrNTHE SEAL THE
OF THE
SURVEYOR.
TO THE CITY OF ASPEN
COUNTY OF PITKIN, STATE OF COLORADO
25947 O
A PARCEL OF LAND SITUATED IN SECTION 12) TOWNSHIP 10 SOUTHj RANGE 85 WEST,
OF THE 6th PRINCIPAL MERIDIAN, PTTKIN; COUNTY COLORADO.
j N S TR
100• R
O.w
EXCEPTION PARCEL
BOOK 331 PAGE 821
ANNEXATION PARCEL
OF
LOT 3,
ADAMS SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED MAY 14, 1973
IN PLAT BOOK 4 AT PAGE 385.
TOGETHER WITH THAT PROPERTY AS SET FORTH IN BARGAIN AND SALE DEED
RECORDED JUNE 18, 1999 AS RECEPTION NO. 432369.
EXCEPTING THEREFROM THAT PORTION CONVEYED TO DORTY K. SHAW IN QUIT
CLAIM DEED RECORDED JULY 13, 1977 IN BOOK 331 AT PAGE 821.
CITY OF ASPEN
COUNTY OF PITKIN
STATE OF COLORADO.
CONTAINING 33,945 SO. FT. •/-
CERTIFICATION
I, JOHN HOWORTH) HEREBY CERTIFY THAT THIS MAP WAS PREPARED
UNDER MY SUPERVISION.
SIGNED THIS AY OF 2007.
JOHN HOWORTH P.L.S. 25947
CITY ENGINEER'S APPROVAL
THIS ANNEXATION MAP WAS APPROVED BY THE CITY OF ASPEN DEPARTMENT OF ENGINEERING
THIS _ DAY OF , 2007.
TRICIA ARAGON, CITY ENGINEER
CITY COUNCIL APPROVAL
THIS ANNEXATION MAP WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF ASPEN) PITKIN COUNTY
COLORADO THIS DAY OF t 2007. AS EVIDENCED BY ORDINANCE NO.
SERIES 2007) RECORDED WITH THE CLERK AND RECORDER OF PITKIN COUNTY AS RECEPTION
N0.
MAYOR
ATTEST) CITY CLERK
CLERK AND RECORDERS CERTIFICATE
THIS ANNEXATION MAP WAS ACCEPTED FOR FILING AT THE OFFICE OF THE CLERK AND RECORDER
OF THE COUNTY OF PITKINI STATE OF COLORADO AT _O'CLOCK M. THIS _ DAY
OF 2007, AND RECORDED IN PLAT BOOK _ AT PAGE _ AS RECEPTION
NUMBER
CLERK AND RECORDER
ANNEXATION TABLE
TOTAL ANNEXATION PARCEL BOUNDARY PERIMETER 770.08 FEET
ONE SIXTH (1/6) PARCEL BOUNDARY PERIMETER 128.35 FEET
CONTIGUOUS CITY BOUNDARY 311.79 FEET.
311.79 FEET GREATER THAN 128.24 FEET
VICINITY MAP
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210 SOUTH GALENA STREET
ASPEN, COLORADO 81611
PHONE/FAX (970) 925-3816
DATE JOB
9/07 29182AN