Loading...
HomeMy WebLinkAboutordinance.council.004-99 r, ORDINANCE NO.4 (SERIES OF 1999) AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF ASPEN, COLORADO, AMENDING AN EXISTING AGREEMENT WITH THE PORATH FAMILY TRUST FOR PROVISION OF TREATED WATER SERVICE. Parcel # 2737-071-00-011 ,........""'Z -1. WHEREAS, Ordinance No. 27, Series of 1998, (the Ordinance) provided treated water service to properties located in Pitkin County along North Spruce Street including a parcel of land owned by the Porath Family Trust; and, WHEREAS, the Ordinance conditioned the provision of water upon submission and approval ofthe Porath Family Trust development plans pursuant to the City of Aspen 8040 GreenliJie Review and Residential Design Standards; and, . WHEREAS, the Ordinance further conditioned any development of the Porath Family Trust parcel upon annexation into the City of Aspen for the purpose of ensuring the development would be compatible with the development standards of the City's Low- Density Residential (R-30) Zone District; and, WHEREAS, the Porath Family Trust has agreed to develop their property in conformance with the City's R-30 Zone District, as specified in the conditions contained herein, and has agreed to not contest annexation if and when the City of Aspen initiates the annexation of their property; and, WHEREAS, the Community Development Department analyzed the parcel of land and recommended the conditions of approval, contained herein, to ensure conformance with City development standards and compliance with the land use code provisions of 8040 Greenline Review and Residential Design Standards; and, WHEREAS, the City Council finds that the spirit and intent of Ordinance 27, Series of 1998, is furthered by the adoption of this Ordinance and that the extension of treated water to the Porath Family Trust property is in the best interests of the City; 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: Ordinance 27, Series of 1998, is hereby amended to allow the Porath Family Trust parcel to be developed and served with municipal water while located in Pitkin County with the following conditions: 1. The Porath Family Trust property shall be developed in conformance with the FAR provisions of the City of Aspen's R-30 Zone District regulations. The City of Aspen Zoning Officer shall review the building plans for compliance with allowable floor area aspects of Ordinance No.4, Series of 1999. Page 1 111111I ;1111111111111111I111111111111111111111111111111 429787 04/12/1999 09:44A ORDINANC DAVIS SILVI 1 0' 7 R 36,00 D 0,00 N 0,00 PITKIN COUNTY CO 1""""'-. the City'sR-30 Zone District, using the same inclusions and exclusions for Lot Area and Floor Area, as defined in the City of Aspen Land Use Code, applicable to all lands in the City, except as provided for herein. 2. The architectural development plans submitted to the City Planning Department, dated February 24, 1999, shall not require a variance from the City's Residential Design Standards. The window FAR penalty shall not be assessed. Amendments to the architectural plans are subject to all aspects of the City of Aspen Residential Design Standards, as amended. 3. Highly reflective materials shall not be used on the exterior of the structure, including the roof. 4. Any disturbance to the natural terrain and areas of cut and fill shall be revegetated after construction with native species. Any areas too steep for adequate revegetation shall incorporate retaining walls which are of similar color to the natural soils and vegetation to visually blend into the mountainside. 5. The existing vegetation outside the designated building envelope shall be preserved and maintained in its natural state to the extent practical. Disturbance associated with, and incidental to, pedestrian and vehicular access to the property is approved. 6. Any and all exterior lighting shall employ down-directional, sharp cut-off fixtures, and in no case shall outdoor flood lights be used. 7. The Porath Family Trust is encouraged to either apply for and construct a Caretaker Dwelling Unit (CDU) on the property at this time or leave enough available floor area for the future construction of a CDU. 8. All aspects of the Pitkin County 1041 Review, as amended, and all aspects of Pitkin County's development regulations not specifically addressed in this Ordinance shall remain in effect and shall be reviewed for compliance by the Pitkin County Community Development Department. r-, ..-... Section 2: Except as specifically amended herein, all aspects of Ordinance 27, Series of 1998, shall remain in effect. Section 3: Except as specifically amended herein, all aspects of the North Spruce Street Water Service Agreement, shall remain in full force and effect. The annexation terms of the Water Service Agreement remain in full force and effect. The City of Aspen may initiate annexation of the Porath Family Trust parcel at its own discretion. Section 4: This Ordinance shall not effect 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: ...' Ordinance No.4, Series of 1999. Page 2 111111111111111111111111I111111111111111111111111111111 429787 04/12/1999 09:44A ORDINANC DAVIS SILVI 2 of 7 R 36,00 D 0,00 N 0.00 PITKIN COUNTY CO r-. 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 6: That the City Clerk is directed, upon the adoption of this Ordinance, to record among the real estate records of the Pitkin County Clerk and Recorder a copy of this Ordinance. Section 7: A public hearing on the Ordinance was held on the 22ndday of March, 1999, at 5:00 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 8th day of March, 1999. Attest: , 0' ,~(- I. ;(t ~':;-4 ..~ 'C- ~ .~ "'-... Attest: I Kathryn S, '\ : ~r A { ..' ,\' ,"hl~ /' v Approved~ to,form: ,;S E A l ' ~'J~;'/~ r"'. Ordinance No.4, Series of 1999. Page 3 111111111111111111111111I111111111111111111111111111111 429787 04/12/1999 09:44A ORDINANC DAVIS SILVI 3 of 7 R 36.00 D 0,00 N 0,00 PITKIN COUNTY CO ORDINANCE NO. ...1J...... Series of 1998 r:t'~ W~ ~~i~'d- A ~ 1"'"'. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, CORRECTING A LEGAL DESCRIPTION AND AMENDING AN EXISTING AGREEMENT WITH DR. RICHARD C. PHILLIPS, RAYMOND N. AUGER, AND ALBERT G. TIMROTH AND DONNA M. TIMROTH FOR PROVISION OF TREATED WATER SERVICE TO SERVE AN ADDITIONAL PROPERTY LOCATED ON NORTH SPRUCE STREET. WHEREAS, the City Council has approved Ordinance No, 41, Series of 1997, which provides for extension of water service to a private water system to serve the properties on North Spruce Street owned by Dr. Richard C. Phillips, Raymond N, Auger, Albert G. Timroth and Donna M. Timroth ("Owners") and for the potential addition of other lots which the main was designed to serve; and WHEREAS, one of the Owners, Raymond N, Auger, has advised the City that the legal description of his real property in the original water service agreement should be revised to include ~. a more recent description thereof; and WHEREAS, Owners have requested that their existing water service agreement be amended to include one additional lot to be connected to the .private water system; and WHEREAS, the Porath Family Trust has joined with Owners in an application to amend the agreement to include its lot, which can be served by the North Spruce Street private water system; and WHEREAS, all of the properties to be served by the private water system are presently located in Pitkin County, and not within the City limits of the City of Aspen; and WHEREAS, the I:orath Family Trus!1las accepted provision of water service as conditioned upon submission and approval under the City's 8040 greenline and Ordinance No. 30 reviews, and 1"""'\ will complete annexation and rezoning to R-30 prior to development; and ,-," 11111111111111111111111111111111111111111I1111111111111 429787 04/12/1999 09:44A ORDINANC DAVIS SILVI 4 of 7 R 36,00 D 0,00 N 0,00 PITKIN COUNTY CO . WHEREAS, Section 25.12.020 of the Aspen Municipal Code provides that any extension of City water service outside the corporate limits of the City of Aspen shall be made pursuant to an r-.. agreement with the City and in accordance with the City of Aspen water main extension policy and, further, that the City may grant water service only upon a determination that no conflict exists between the best interests of the City and the prospective water use, and that the City may impose such contract, water rights dedication and bond requirements as it deems necessary to safeguard the best interests of the City; and WHEREAS, the City Council has adopted by Resolution No,S, Series of 1993, as amended, policies to guide municipal water system development and services beyond the City limits; and WHEREAS, said policies require the City Council to make a determination that the proposed water service extension complies with said policies and is in the best interests of the City of Aspen; and f"'"". WHEREAS, the City Council has had an opportunity to review with City staff the proposed Correction to Property Description conceming the Raymond N, Auger parcel and the amendment to the existing North Spruce Street Water Service Agreement to add the Porath property, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT Section 1. The City Council of the City of Aspen hereby determines that the Correction to Property Description to the North Spruce Street Water Service Agreement be approved in the form attached hereto as Exhibit A and incorporated herein by reference. 'l Section 2, The City Council's agreement to provide water service to the Porath property is conditioned upon submission and approv~ under the City's 8040 greenline and Ordinanc\ No. 30 (~/;(t(~ ~"'.~&,a3Q t C:~"f~" 2-'.r.!,~) reviewsfand further conditioned upon completion of annexation and rezoning to R3Q prior to ,~ development. 11111111111I1111111111111111111111111111111111111111111 429787 04/12/1999 09:44A ORDINANC DAVIS SILVI ! of 7 R 36,00 D 0,00 N 0,00 PITKIN COUNTY CO Section 3, The City Council further determines that the proposed provision of additional City water to the North Spruce Street private water system to serve Porath's property located on /"""'-. North Spruce Street outside the City limits of the City of Aspen is in the best interests of the City and substantially complies with the City of Aspen water policy for extraterritorial services, as set forth in Resolution No,S, Series of 1993, as amended, and therefore agrees to extend City water service to Porath's residential lot ~o be connected to the private water system located on North Spruce Street in Pitkin County, on the terms and conditions set forth in the Amendment to City of Aspen Water Service Agreement and Pre tapping Agreement attached hereto as Exhibit Band incorporated herein by reference. Section 4. 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 ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such r-, 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, Section 6, .., -::J}I-i..._ A public hearing on the ordinance shall be held on the Of' 7 day o?~-~ , 19~, in the City Council Chambers; Aspen City Hall, Aspen, Colorado, INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the.i2.- day Of~' 199e. . ~ /7.A--~~'~ John . ennett, Mayor /""""'. Attest: --' 11111111111I11111111111111111111111111111I1111111111111 429787 04/12/1999 09:44A ORDINANC DAVIS SILVI 6 of 7 R 36,00 D 0,00 N 0,00 PITKIN COUNTY CO ~\ \ ,-- ~ ~ 'lit . 1111111111111111I1111111I1111111111111111I1111111111111 429787 04/12/1999 09:44A ORDINANC DAVIS SILVI 7 of 7 R 36,00 D 0,00 N 0,00 PITkIN COUNTY CO ___________n_/'