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Home My WebLink Aboutordinance.council.004-12 RECEPTION#: 588924, 05/10/2012 at 09:11:09 AM, I OF 3, R $21.00 Doc Code ORDER Janice K.Vos Caudill, Pitkin County, CO ORDINANCE #4 (Series of 2012) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING A SUBDIVISION AMENDMENT FOR THE PROPERTY LOCATED AT 320 LAKE AVENUE, PARCEL 1 OF THE MARSHALL LOT SPLIT, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO PARCEL ID: 2735-124-01-002 WHEREAS, the applicant, 320 Aspen, LLC, represented by Michael Hoffman, Garfield and Hecht, P.C., has requested a Subdivision Amendment for the property located at 320 Lake Avenue, Parcel 1 of the Marshall Lot Split, City and Townsite of Aspen, Colorado. The current owner of the property, Ronnie Marshall, has consented to the application; and WHEREAS, Section 26.480.080.B of the Aspen Municipal Code establishes the process for Subdivision Amendment which may be approved by City Council, "provided that the proposed change is consistent with the approved plat;" and WHEREAS, Amy Guthrie, Historic Preservation Officer, in her staff report to City Council, performed an analysis of the application, found that the review standard for Subdivision Amendment is met, and recommended approval; and WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the development proposal 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,THAT: Section 1: Subdivision Amendment Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, Aspen City Council hereby approves a Subdivision Amendment to remove a plat note which imposes setback restrictions on Parcel 1 of the Marshall Lot Split plat and replaces it with the following note: The execution and recording of the Amended Plat memorializes the vacation of the first Plat Note found on the Plat for Marshall Lot Split, recorded in the real property records of Pitkin County on January 26, 1988 in Plat Book 20 at Page 54, as such vacation was approved by the City of Aspen in Ordinance #4, Series of 2012. The Plat Note, which restricted development into the existing sideyard and front yard for Parcel 1, is no longer needed as it restricts development within the south sideyard because trees located on the south side of Parcel 1 have become old and diseased. The City of Aspen Parks Department has issued 320 Lake Avenue Ordinance #4, Series of 2012 Page 1 of 3 Tree Removal Permit 2009-109 to authorize the removal of those trees. Restriction of development within the front yard and north side yard is governed by the dimensional requirements of the R-6 zone district, except as those requirements have been or may be varied by the City of Aspen Historic Preservation Commission or other authorized representative of the City of Aspen. Section 2: Recordation A subdivision exemption plat and subdivision exemption agreement shall be reviewed and approved by the Community Development Department and recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of final approval by City Council. Failure to record the plat and subdivision exemption agreement within the specified time limit shall render the plat invalid and reconsideration of the plat by City Council will be required for a showing of good cause. Section 3: Severability 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. Section 4: Existing Litigation This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 5: Vested Rights The Land Use entitlements granted herein shall be vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, including Final Major Development and Commercial Design Reviews by the HPC,the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land 320 Lake Avenue Ordinance #4, Series of 2012 Page 2 of 3 Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 320 Lake Avenue, Parcel I of the Marshall Lot Split, Aspen . Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules,regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 6: Public Hearing A public hearing on the ordinance shall be held on the 27`" day of February, 2012 in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 23`d day of January, 2012. 914 ; ' Michael C. Ireland, Mayor ATT T: ,j / Kathryn Koc ,%' ity Clerk FINALLY,adopted,passed and approved this 27th day of February 2012. / 4 ,4o4 Michael Cf Ireland, Mayor ATT. ST: Kathryn Koch(' ity Clerk APPROVED AS TO FORM: — es R. True, City Attorney 320 Lake Avenue Ordinance#4, Series of 2012 Page 3 of 3 A-1 . O • ` - T / '—� (tl D L U 0 id 0a SONg(!7. C U I ?D8Q Q U t C. O o .<0roy y- E E W O'=m'-m N x . +,. .0 to«106%4' m • 0 Om -3 i0 5 N _ F7NE9o1O� o E- xN E y—= oa oo <•4" L C 7 E N gymc, I< 0 , c x . a—m iy VO O O Q v Wt 2r,0 C 010 0 N N dI J C.CN . N u m UD@ Ip N C 0 _d , z -O 0 O N O C I. zdmLy 3m „ 0` a- u .3 wa z !- � IIIIIIIII\I I// S(D _ � L O =U , a = Y Q '. O _'a c i m i U - 0 '- O W co Z a :•O c F / '�vbn I I I I S'`P� G�� o o w . u � o O O O . O I ' -0 O v O cn - c ~v 3 G.) x as 12.4 •—■ 2 d Z r ~ vu w u co as G O O cs v u a' O LO co .5 co = 5. N ° ~ O E� ■U U C ctS N � J o i>. I • IIFAMI C5. 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