HomeMy WebLinkAboutordinance.council.010-11 ORDINANCE NO. 10
(SERIES OF 2011)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING
WITH CONDITIONS, THE SECOND AMENDED PLAT — ANDERSON
SUBDIVISION, LOT 1 AND 2, CITY OF ASPEN, PITKIN COUNTY,
COLORADO.
Parcel ID: 273718139801 and 273718139002
WHEREAS, the Community Development Department received an application
from the Orr Family Partnership represented by Alan Richman Planning Services and the
City of Aspen Parks Department, requesting approval of Subdivision Amendment to
replat the existing subdivision's lots; and,
WHEREAS, the purpose of the replat is to relocate and reconfigure Lot 2 within
the subdivision while maintaining the same lot sizes; and,
WHEREAS, a Subdivision Amendment shall be approved by the City Council as
outlined in Section 26.480.080 B., Other Amendment, of the Land Use Code; and,
WHEREAS, upon review of the application and the applicable code standards,
the Community Development Department recommended approval, with conditions, of the
proposed subdivision amendment; and,
WHEREAS, during a duly noticed public hearing on March 28, 2011, the City
Council opened the hearing, took public testimony, considered pertinent
recommendations from the Community Development Director, and referral agencies of the,
approving with conditions, the subdivision amendment which maintains two lots within
the subdivision; and,
WHEREAS, the Aspen City Council finds that the development proposal meets or
exceeds all the applicable development standards and that the approval of the development
proposal, with conditions, is consistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the City Council finds that this ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN CITY
COUNCIL AS FOLLOWS:
Section 1: Approval
Pursuant to the procedures and standards set forth in Title 26 of the City of Aspen Municipal
Code, the City Council hereby approves with conditions the Second Amended Plat —
Anderson Subdivision which amends the configuration of Lots 1 and 2 within the
existing subdivision. The Approval is conditioned on the following:
RECEPTION #: 578854, 04/01/2011 at
10:56:03 AM,
1 OF 3, R $21.00 Doc Code ORDINANCE
Page 1 of 3 Janice K. Vos Caudill, Pitkin County, CO
1) Approval of the exchange of property by the voters pursuant to charter section 13.4, of
the home rule charter; and,
2) The residence to be developed on Lot 2 will be built so that the ground floor is
approximately at the elevation of Riverside Drive. This will be memorialized with a
measured and referenced elevation on the plat; and,
3) Any basement level shall not be exposed by a walk -out design or similar manner along
Lot 2's westem boundary that is shared with the park (Lot 1). Similarly, any grading that is
undertaken will respect the natural topography and minimize any need for retaining walls.
Section 2: Plat and Agreement
The Applicant shall record a subdivision plat and agreement that meets the requirements of
Land Use Code Section 26.480, Subdivision, within 180 days of approval.
Section 3:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the City Council, are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein,
unless amended by an authorized entity.
Section 4:
This ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 5:
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this
ordinance in the office of the Pitkin County Clerk and Recorder.
Section 6:
A public hearing on this ordinance shall be held on the 28 day of March, 2011, at a meeting
of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen
City Hall, Aspen, Colorado, fifteen days prior to which hearing a public notice of the same
shall be published in a newspaper of general circulation within the City of Aspen.
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Section 7:
Approval of this ordinance is specifically conditioned upon approval of the voters of the
City of Aspen of an exchange of properties as set forth in the ballot question referred to
the voters by resolution No. 25, Series of 2011.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 28 day of February, 2011.
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Kathryn S. ih, City Clerk Michael C. Ireland, M or
FINALLY, adopted, passed and approved this 28`" day of March, 2011.
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thryn S. drh, City Clerk Michael C. Ireland, Mayo
Approved as to form:
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